(1)Where a nuisance arising from the discharge of any noxious or offensive gas or gases is wholly or partially caused by the acts or defaults of the owners of several works to which any of the provisions of this Act applies, any person injured by such nuisance may proceed against any one or more of such owners, and may recover damages from each owner made a defendant in proportion to the extent of the contribution of that defendant to the nuisance, notwithstanding that the act or default of that defendant would not separately have caused a nuisance.
(2)This section shall not authorise the recovery of damages from any defendant who can produce a certificate from [F1the approriate Agency] that in the works of that defendant the requirements of this Act have been complied with and were complied with when the nuisance arose.
Textual Amendments
F1Words in s. 23(2) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 1(6) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3