What is a section 82 notice?
Section 82 – Environmental Protection Act 1990 Any person affected by any form of nuisance has the right to complain directly to the Magistrates’ Court under section 82 of the Environmental Protection Act 1990. The Magistrate will need to be convinced that the problem amounts to a statutory nuisance.
What is Section 34 of the Environmental Protection Act 1990?
Anyone who produces waste has a duty of care under section 34 of the Environmental Protection Act 1990 to ensure that it is disposed of properly. Therefore a person may be guilty of an offence under section 34 if their waste has been found to be dumped, even if the dumping was carried out by someone else.
What does the Environmental Protection Act 1990 cover?
What is the purpose of this legislation? The Environmental Protection Act 1990 (EPA) brings together the system of integrated pollution prevention and control (IPPC) for raw material usage, waste avoidance (or minimisation), energy efficiency and the disposal of wastes to land, water and air.
What is Section 79 Environmental Protection Act?
Statutory nuisance is defined in section 79 of the Environmental Protection Act 1990 (EPA 1990). The Act contains a specific list of matters that amount to statutory nuisances and a more general category comprising ‘any other matter declared by any enactment to be a statutory nuisance’.
How do you prove statutory nuisance?
For the issue to count as a statutory nuisance it must do one of the following:
- unreasonably and substantially interfere with the use or enjoyment of a home or other premises.
- injure health or be likely to injure health.
Is statutory nuisance a criminal Offence?
Statutory nuisance is a criminal offence. We have a duty to take reasonable steps to investigate allegations of statutory nuisance.
What is the Environmental Protection Act 1991?
Section 34 of the EPA 90 and the associated Environmental Protection (Duty of Care) Regulations 1991, which came into force on 1st April 1992, impose a ‘Duty of Care’ on all those who import, produce, carry, keep, treat or dispose of controlled waste.
Is the Environmental Protection Act 1990 still current?
Although many of its parts have since been repealed, the regulations outlined in the EPA provide a framework for much of the later legislation. The EPA establishes legal responsibilities for pollution control for land, air and water.
What replaced the Environmental Protection Act 1990?
Environmental Protection Act 1990
|Amended by||Environment Act 1995|
|Relates to||Health and Safety at Work etc. Act 1974 EU regulation 1907/2006|
Why is the Environmental Protection Act 1990 important?
The Environmental Protection Act 1990 (EPA) is one of the most important statutes concerning legal responsibility for environmental welfare. The EPA establishes legal responsibilities for pollution control for land, air and water. The Act also covers waste disposal and statutory nuisances, such as noise or smells.
What is a section 46 notice?
Under EPA 1990, s 46 a waste collection authority can serve a notice on an occupier of premises to require him to place such household waste for collection in receptacles ‘of a kind and number specified’.