Section 32: Liability for spill

32. Liability for spill (1) Without prejudice to any other cause of action or remedy under any other enactment, any person affected in any way by a spill shall have a right to damages from the owner of a pollutant. (2) Subject to this section, article 1384 alinéa 1 of the Code Civil Mauricien shall apply to an action under subsection (1). (3) For the purposes of an action for damages under this section— (a) the owner of a pollutant shall be presumed to be liable for any damages caused by a spill; (b) the owner of a pollutant which is spilled shall always be deemed to be the gardien of the pollutant; (c) a pollutant shall always be deemed to be in the custody of the owner of the pollutant; (d) the burden of proving that the damage was not caused by the pollutant which was spilled, shall always rest on the owner of the pollutant. (4) Where there are several owners of a pollutant, the action may be directed against all or anyone of them. (5) Where damage is caused by a spill to the environment, or to any property, object or thing which is not the subject of private ownership, the Attorney-General may claim damages against the owner of the pollutant in accordance with this section.