this post was submitted on 30 Mar 2024
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UK Nature and Environment

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South West Water is claiming it has no legal obligation to keep rivers and seawater clean of sewage in its defence against a Devon swimmer who is taking the water company to court.

Jo Bateman, who attempts to swim every day off the coast of Exmouth, is taking legal action against South West Water, claiming its frequent sewage discharges into the sea have taken away her legal right to a public “amenity”.

However, in its defence to Ms Bateman’s claim, seen by i, the water firm states no one has a legal right to swim in the sea.

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[–] underisk@lemmy.ml 12 points 7 months ago

but the firm has a legal right to pollute the water?

[–] NESSI3@lemmy.sdf.org 12 points 7 months ago* (last edited 7 months ago) (1 children)
[–] Cataphract@lemmy.ml 1 points 7 months ago

Is it an unpopular opinion that swimming in the ocean....kinda sucks? It's great for spelunking/exploring, viewing, etc. but I would rather swim in a pool if I had the two choices in front of me.

[–] SpaceScotsman@startrek.website 8 points 7 months ago (1 children)

England really needs to get right to roam legislation like Scotland. It would make it more difficult for companies to make claims like this and make it clear that everyone has a responsibility to keep nature clean as its a shared resource

[–] martinb@lemmy.sdf.org 2 points 7 months ago

But the poors on moi laaaaaarnd!

[–] OfficerBribe@lemm.ee 3 points 7 months ago* (last edited 7 months ago) (1 children)

While it obviously seems ridiculous, waste water must go somewhere. Last part of the article:

However, a solicitor familiar with swimming rights suggests the law is not as clear as campaigners suggest.

Nathan Willmott, a partner at law firm Ashurst, said: “The statutory regime governing water companies has been held by the courts to cancel out certain common law rights that water users would otherwise have against water companies for allowing sewage discharge into the water and making it unsafe to swim in.”

But he suggested that if South West Water were to be found guilty of breaching the regulations on when sewage can been spilled into the sea, then its immunity from prosecution may not apply.

The tone of their response could have been better though.

[–] octopus_ink@lemmy.ml 6 points 7 months ago

While it obviously seems ridiculous, waste water must go somewhere. Last part of the article:

Treated wastewater is not sewage.

https://youtu.be/s8IVjQg7yno

[–] AngstyPony@feddit.uk 1 points 7 months ago

Isn't the sea a commons? (I checked and it's the high seas that are "Areas Beyond National Jurisdiction") Maybe the Govt doesn't require the water-company to keep the rivers and seas disease-free - they did reduce environmental standards, at least once. So legally they might be correct. But in reality, a shitty company doing the dirty work of a shitty government.