Constitution de Luxembourg.
French
John Rylands and Jehu Horrocks v Thomas Fletcher
English
In this case, the defendant is the owner of a land who decided to employ a contractor to build an irrigation reservoir on its lands. The contractor discovered several old coal shafts that were improperly filled with mining debris but ignored them and finished the construction work. But once the reservoir was filled with water for the first time it broke and flooded the neighbouring mines through the old coal shafts. The owner of the mine sued the defendant asking for damages for nuisances.
The court of first instance judged that the defendant was not liable for the damages because it was resulting from a negligence of the contractor. The Court of Exchequer Chamber (Court of Appeal) overturned this decision and for the first time considered that the defendant was liable for negligence through the tort of chattel trepass and the tort of nuisance, affirming for the first time a right to compensation for environmental damages.
The defendant sough an appeal in front of the House of Lords. The judges of the House of Lords agreed with the decision of the Court of Exchequer and considered that the defendant was liable for the escape of the water and the damage it did to the mine. However, the House of Lords limited the scope of this new liability to cases where the land had been modified in a way which would be considered non-natural, unusual or inappropriate.
Arrêté du 12 mars 1869 relatif à la dispense des médicaments pour le traitement du bétail
French
Sea Fisheries Act, 1868 Order in Council.
English
Revised Convention on the Navigation of the Rhine
Expropriation Law of the Canton of Schwyz.
English
German Criminal Code.
Chapter 16 of the Code refers to offences against life that cover various threat and actions against life of human beings and abortion, offences against female and human traffic. The Code provides for criminal liability for forced labour and exploitation of labour. The Code provides for penalty of imprisonment for the fish poaching and carriage of prohibited goods by endangering ships, motor vehicles and aircraft. Taking bribes in commercial activity and healthcare sectors are prohibited. Chapter 28 of the Code refers to offences constituting public danger including set fire to destroy in whole or in part forests, agriculture, food or forestry facilities and products. Causing fire hazard and nuclear exploitation, misuse of ionising radiation, preparing radiation offence, causing flooding, dangerous interference with and endangering rail, ship and aircraft, watercraft, road traffic, attack on air and maritime traffic are also identified as actions of constituting public danger. Chapter 29 of the Code refers to offences against environment that include water, soil and air pollution, causing noise, vibrations and non-ionising radiation, unauthorised waste management and handling of radioactive substances, endangering protected areas, causing sever danger by releasing poison and intentional serious offences against environment. The Code provides for provision on damaging animals or plants of significant value belonging to another, exposes the property, body of water, air, soil, animals or plants to ionising radiation which is capable of causing impairments, alterations or damage.
Further provisions are enacted for causing public danger by poisons or release substances which are harmful to health into the water in contained springs, wells, pipes or drinking water storage facilities. Disruption of public services such as damaging to a facility which serves the public supply of water, light, heat or power are regulated under the Code. The Code further provides for destruction of important work equipment and penalise actions of whoever unlawfully destroy in whole or in part technical equipment belonging to another or an enterprise or a facility which serves the operation on waste disposal. Section 326 describes unauthorised waste management that include operation by whoever who is not authorised, or conduct it outside a facility or in substantial deviation from the prescribed or authorised procedure, or any unauthorised action for collection, ships, treats, utilise, stores, deposits and discharges of the waste and hazardous waste materials. Section 306f of the Code refers to causing fire hazard by smoking, using an open fire or light or throwing away burning objects that causes a risk of fire in another person's agricultural or food facilities, or operations in which their products are stored, forests, heaths or cultivated fields. Section 324a refers to soil pollution and itemise the actions in breach of duties under the administrative law that regulate releases of substances into the soil, default of which shall cause damage to the health of another, animals, plants or other property of significant value or a body of water, the air or soil. The Code further provides provisions on serious crimes involving nuclear energy, explosives and radiation such as instructing another person or receiving instruction in the production or the use of firearms, nuclear fission materials or other radioactive substances. Under Section 307 causing nuclear explosion and endangering the life or limb of another person or property of significant value is penalised. The Code further provides for preparing explosion, radiation offences and causing nuclear fission processes and faulty construction of nuclear facility. Section 329 of the Code provides for protection of areas that require special protection against harmful environmental impacts such as air pollution or noise. Any damage or removes of plants of a specially species, or damage to the habitat of a species in the protected areas such as nature conservation area or a national park are prohibited and subject to imprisonment.
English
Cattle-Trespass Act, 1871 (Act No. I of 1871).
English
Cattle-Trespass Act, 1871.
Pounds shall be established and controlled by the Magistrate of the District subject to the control of the Provincial Government, who shall appoint a pound keeper (Chapter II). It shall be lawful for the proprietor or person in charge of an estate to capture trespassing cattle and to send it to the village pound (sect. 10). Cattle trespassing and damaging public roads, canals and embankments may also be impounded (sect. 11). Poundage fees shall be paid by the owner of the impounded cattle (sect. 13). Procedures for cattle not claimed within a week and for cattle whose owner refuses to pay the fines are set out in sections 14-16. Chapter V deals with complaints of illegal seizure or detention. Penalty provisions are set out in Chapter VI. For the purposes of this Act "cattle" shall mean any animal of equine, bovine, asinine, porcine, ovine, etc. breed (sect. 3).
English
Cattle Trespass Act, 1871 (Act No. 1 of 1871).
The Act provides for the establishment of pounds which shall be under the control of the Magistrate of the District who shall also be in charge of fixing rates of charge for feeding and watering impounded cattle.
The Act further provides for the following: procedures when owners claim the cattle and pay the fines and charges; procedures for cattle which is not claimed; disposal of fines; complaints of illegal seizures or detention; penalties; etc.
English
Foreshores Act, 1872 (Chapter 113) (Act No. 8 of 1872).
English
Lands Clauses Act.
English
Wills Act (Cap. 3.08).
English
Canal and Drainage Act, 1873 (Act VIII of 1873).
The Provincial Government shall be entitled to use and control, for public purposes, the water of all rivers and streams, and of all lakes, subsoil water or other natural collection of still water. Sections 14 and 15 empower Canal Officers acting under the orders of the Provincial Government to enter on any land and use the water for the purpose of any existing or projected canal or drainage-work. Such Officers may clear land, inspect and regulate water-supply, execute all works which may be necessary for the purpose of repairing or preventing accidents, and do all acts necessary for the proper prosecution of any enquiry relating to any existing or projected canal. Any person desiring to use the water of any canal may apply in writing to the Canal Officer as provided for in section 16. Section 20 provides for the supply of water from a canal through an existing water-course or change of source of water supply of any land. Sections 21-29 deal with the following matters: applications for the acquisition of land for construction works; application for the transfer of existing water courses; expenses to be paid by applicants; rules and conditions to be followed by the applicant. Part IV prescribes rules and conditions for the supply of canal water, mainly for purposes of irrigation. In the absence of a written contract, or so far as any such contract does not extend, every supply of canal-water shall be deemed to be given at the rates and subject to the conditions prescribed the rules to be made by the Provincial Government in respect thereof. Water charges and levies are provided for in Part V. Any vessel entering or navigating any canal contrary to the rules of this Act, may be removed or detained by the Divisional Canal Officer, and if any person causes the obstruction of any river, stream or drainage-channel the Government may order the removal or other modification of such obstruction (Part VI and VII). The remaining Parts contain provisions on obtaining labour for canal and drainage works and penalty provisions.
English
Fisheries Act.
Following are fishing licences which may be issued under this Act: Commercial fishing licence; fishing vessel licence; trout fishing licence; special fishing licence; aquarist trade fishing licence; licences prescribed by the Minister. Provisions of Part V deal with transfer of fish from one water to another (sect. 30), prohibition of the introduction of new species (sect. 32) and the diversion of water in which fish has been introduced (sect. 34). Regulation making powers of the Minister are specified in section 58.
English