Environmental Protection Act 1990
The Environmental Protection Act 1990 defines the notions of pollution of the environment.
Pollution of the environment
This is defined as:
- ‘pollution of the environment due to the release (into any environmental medium) from any process of substances which are capable of causing harm to man or any other living organisms supported by the environment.’
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 today’s society.
Section III Environmental Protection Act – Statutory Nuisances
Section III of the Environmental Protection Act 1990 creates various statutory nuisances in relation to but not limited to the following:
- Premises that are prejudicial to health
- Smoke emitted from premises
- Fumes or gas emitted from premises
- Noise emitted from premises
Statutory Nuisance – Noise
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.
Statutory Nuisance Act 1993
Noise in the Street
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.
Operation of Loudspeakers in the Street
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.
For more information on:
- Intruder Alarms
- Who Investigates claims of noise pollution?
- Fireworks Act 2003
- Limit on Noise