LIABILITY IN NEGLIGENCE OF WATER AUTHORITIES FOR CONTAMINED WATER

FRANCINE ROCHFORD

ABSTRACT:

Population increases and continued development place pressure on a naturally dry environment, and water quality is at risk of contamination from a number of sources. This article considers the vulnerability of water supply authorities and regulatory bodies to liability in negligence for injury caused by contaminated water. It considers the water industry in two populous Australian states and the complexity arising from the structure of the industry and its regulatory bodies. It then considers recent cases in the High Court and the Privy Council to inform an analysis of the liability in negligence and statutory immunities to suit of water authorities and their regulators. The appropriateness of the use of the law of negligence in conjunction with environmental regulation is also considered, and it is argued that the law of negligence can be a useful complement to other types of action and to regulation.