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Difference Between Civil and Criminal Law
Classification of Powers of Appointment
Director of Public Prosecutions
Jury Qualifications and Disqualifications
Alternative Roles for Solicitors
Private Information Given to Solicitor
Becoming a Solicitor Without a Degree
The Environmental Protection Act 1990 defines the notions of pollution of the environment.
This is defined as:
Therefore in order to prove pollution of the environment under the Environmental Protection Act 1990 we need to show that harm has been caused from a process being released.
The process being released in relation to noise pollution is an unnecessary and excessive noise being released into the air. Noise pollution of varying degrees and from varying sources is a continual problem and one which is increasing amongst todays society.
Section III of the Environmental Protection Act 1990 creates various statutory nuisances in relation to but not limited to the following:
The Environmental Protection Act 1990 defines statutory nuisance in relation to noise as noise emitted from premises that is prejudicial to health or a nuisance.
The Environmental Protection Act is further qualified by the Noise and Statutory Nuisance Act 1993 by including noise that is prejudicial to health or a nuisance and is emitted from or caused by a vehicle, machinery or equipment in a street within the definition of statutory nuisance.
The Noise and Statutory Nuisance Act however makes a specific exclusion of noise made by traffic in the streets from the definition of statutory nuisance.
Under the Statutory Nuisance Act 1993 the operation of loudspeakers in the street between the hours of 9pm and 8am will be considered a statutory nuisance.
The operation of loudspeakers in the street for the purposes of advertising will be considered to be a statutory nuisance at any time of the day.
Under Section 77 of the Clean Neighbourhoods and Environment Act 2005 an officer of a local authority has the power to enter a premises without force in relation to an intruder alarm in the following circumstances:
Action in relation to claims of noise pollution is taken by the local authority and proceedings are issued by an abatement notice.
The Fireworks Act 2003 creates a curfew on the use of adult fireworks between 11pm and 7am which brings it into line with the Noise Act 1996. There is however an exception to this rule extending the ban in the evenings for various times of the year which is as follows:
The Fireworks Act also imposed a limit on the decibels of certain fireworks. For example category three fireworks have to have a decibel limit of 120.
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