Major Water Company Facing Private Prosecution For Polluting Iconic Chalk Stream

Southern Water, which provides water and wastewater for East Kent, parts of Sussex, Hampshire, and the Isle of Wight, is facing a private prosecution for polluting the River Test in Hampshire.

Environmental organisation and MSA member, Fish Legal, last week served summons on the water company at its head office in Worthing.  The charges relate to pollution entering the Test from an outfall operated by Southern Water at Nursling Industrial Estate near Southampton.

The world-renowned River Test is a rare chalkstream habitat, one of only around 200 such rivers in the world.  It is a Site of Special Scientific Interest supporting Atlantic salmon, otters, water voles, brook lamprey, and bullhead but less than 18% of it is in ‘favourable’ condition.  The section between Romsey and the estuary, the focus of the criminal case, is currently classified as ‘unfavourable’ due to polluting discharges.   

Pollution has been entering the Test from Nursling Industrial Estate for decades without any effective enforcement action being taken by the Environment Agency. In March this year, Fish Legal made the regulator aware that it was stepping in to take its own private prosecution against Southern Water following diesel pollution in 2021 and 2022.

George Graham, Chair of Fish Legal, said: “After years without effective action by the Environment Agency, we have been forced to take a private prosecution to protect this precious chalkstream. Both the water company and regulator are fully aware of the persistent pollution coming from this outfall. We cannot stand by any longer and wait for them to act.”

He added: “Ordinarily we use the civil law to take legal action against polluters on behalf of our angler members. However, in this case, we have taken the unusual step of going through the criminal courts.”

Penelope Gane, Head of Practice at Fish Legal, said: “Southern Water is bottom of the league for total pollution incidents in recently published Environment Agency environmental performance reports. In bringing this case, our aim is to stop Southern Water from polluting the River Test. It is that simple.”

In light of this, and the wider situation facing our UK chalkstreams, the Missing Salmon Alliance invite the public to join us for an evening in conversation with key UK conservationists at our free online event, ‘Talking Chalkstream Salmon’ on Tuesday 8th August 2023 from 6pm-7pm.

This event aims to draw attention to the challenges our chalk streams, and the biodiversity within them, are facing and ensure that further action is taken. Panellists will shed light on the work taking place in these environments from the practical work on rivers, to legal pursuits, scientific research being carried out, and the advocacy taking place for governmental, regulatory, and policy change.



As an Alliance of six organisations, we will build on the existing work of our partners and maximise our impact by taking a coordinated approach and vital action in order to halt and reverse the decline of wild Atlantic salmon.

The goal of the Missing Salmon Alliance is to build an evidence-base to influence national and international decision-makers to regulate activities that adversely impact wild Atlantic salmon.

 
 

The Missing Salmon Alliance


The MSA is comprised of the following members:

Game & Wildlife Conservation Trust, Atlantic Salmon Trust, the Angling Trust with Fish Legal, The Rivers Trust and Fisheries Management Scotland.

https://www.missingsalmonalliance.org

 


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