Health safety and environmental liabilities of the 'nuclear industry'
reflect those of industry in general and may broadly be divided into t
wo areas: criminal liability for regulatory non-compliance; and civil
liability for damage caused to persons and their property (for example
, neighbours, employees etc). In addition, environmental liability may
be incurred as a result of powers of the regulatory authorities to cl
ean up contamination and to recoup the cost. These are in addition to
the regime of strict liability imposed, where relevant, by the Nuclear
Installations Act 1965. In the case of environmental liabilities, 'ow
ners', 'occupiers', 'persons responsible', 'persons in control' may al
l be held to be liable and for the most part these terms remain undefi
ned both under English law and European Community (now European Union)
law. This potentially has ramifications for current and former owners
and operators, their boards and senior managers, other employees, par
ent companies, shareholders and their lenders and investors - of parti
cular relevance in the context of privatization.