VICTORIAN RIVER POLLUTION CASE.

Mount Ida Chronicle, Volume VI, Issue 331, 9 July 1875, Page 3

VICTORIAN RIVER POLLUTION CASE.

In 1870 action was taken in Victoria against 'miners for polluting streams." "The plaintiff in this case was a land owner, and.the defendants were miners, : who polluted the stream as it ran through_the Crown land occupierl by thcinas a.claim, held under miners' right: 1 : 'The stream thus polluted afterwards- ran- through the land, of the plaintiff. The full argumentmade use of in this case~is not avail-; able. The- digest "following the ' Argus' report states it shortly " The defendants„_pleaded that they were in legal'occupation of Crown land; as holders of miners' rights, On which tbey were mining for gold, and for the purposes of their mining operations they used the said stream as, they lawfully might. in consequence of which the: stream was discolored by the water so used, which, was the grievance complained of. The plea was. drawn in view of.the ".Mining Statute 1865," s. 5, which, inter alia-, provides that the holder of a miner's right may " take or "divert water" from any spring, lake, pool, or stream situate or flowing . through, or adjoining. Grown lands; and to use such water for mining for gold-.'' 'The plaintiff demurred to this plea, on the ground that the facts therein alleged showed . that,, the' injury was caused by the defendants, and afforded no just : £cation to plaintiff's cause of action, as it was incumbent on defendants to acts-jcoaiplained, "of, in such a manner as not to injure the plaintiff. The- Court -held the plea -bad and'gave judgement for the plaintiff. r