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Under the Rivers (Prevention of Pollution) Acts[14], which created a system of consents for discharges to water and a general pollution offence in similar terms to the Water Resources Act 1991 (s.85). A prosecution under the River Acts could only be brought by a water authority, or with the consent of the Attorney-General. However, this restriction was removed by the Control of Pollution Act 1974 and now there is a right of private prosecution for all basic water pollution offences. The most common use of the criminal law is in a subsidiary role to the regulators. Numerous criminal offences consist purely of ignoring the dictates of the regulatory body, and no direct act of pollution has to be committed...
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