Statutory Nuisance

Under the terms of the Environmental Protection Act 1990 a variety of circumstances are designated as a statutory nuisance.

There are two ways something may be designated as a statutory nuisance:

• a "nuisance"
  Not defined in terms of case law but is regarded as material interference with property or comfort.
• something deemed to be "prejudicial to health"
  Defined as 'injurious or likely to cause injury to health'.

Environmental Health staff will assess each situation and decide a course of action.

Categories of Statutory Nuisance include:

• Premises in such a state as to be prejudicial to health or a nuisance;
• The emission of smoke, fumes or gases from any premises, dust, steam, smell or other effluvia from trade or business premises, or any accumulation or deposit which is prejudicial to health or a nuisance.
• Any animal kept in such a place or manner as to be prejudicial to health or a nuisance, or insects emanating from certain industrial, trade or business premises and being prejudicial to health or a nuisance.
• Artificial light or noise from premises so as to be prejudicial to health or a nuisance.