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Environmental Protection Act, Part III: Definition of Statutory Nuisance

Section 79 of the Act defines statutory nuisances as including:

  • Any premises in such a state as to be prejudicial to health or nuisance.
  • Smoke emitted from premises so as to be prejudicial to health or nuisance.
  • Any dust, steam, smell or other effluvia arising on industrial, trade or business premises and being prejudicial to health or nuisance.
  • Any animal kept in such a place or manner as to be prejudicial to health or nuisance.
  • Any other matter declared by any enactment to be a statutory nuisance.

Where a local authority Environmental Health Department is satisfied that a statutory nuisance exists, or is likely to occur or recur, it has a duty to serve an abatement notice under Part III, Section 80 of the Act requiring:

  • The abatement of the nuisance or prohibiting or restricting its occurrence or recurrence.
  • The execution of such works and the taking of such other steps as may be necessary for any of those purposes.

A person served with an abatement notice may appeal to a Magistrates' Court within 21 days of being served with the notice.

Apart from the action taken by a local authority, any person aggrieved by a statutory nuisance can take proceedings in a Magistrates' Court.

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