contain links to the affecting legislation. 88 Civil liability for contravention of s. 3(3). E+W+S (1) Where any damage is caused by poisonous, noxious or polluting waste which has been deposited on land, any person who deposited it or caused or knowingly permitted it to be deposited, in either case so as to commit an offence under section 3(3) or by virtue of section 18(2) of this Act, is liable for the damage except where the damage --  (a) was due wholly to the fault of the person who suffered it; or (b) was suffered by a person who voluntarily accepted the risk thereof. (2) The matters which under paragraphs (a) to (c) of subsection (4) of section 3 of this Act may be proved by way of defence to a charge of committing an offence under subsection (3) of that section may be proved also by way of defence to an action brought by virtue of the preceding subsection (the reference in the said paragraph (a) to the charge being construed as a reference to the act alleged to give rise to the liability). (3) In this section --  " damage " includes the death of, or injury to, any person (including any disease and any impairment of physical or mental condition); " fault " has the same meaning as in the M62 Law Reform (Contributory Negligence) Act 1945; and " land " includes such water as is mentioned in section 4(4) of this Act. and for the purposes