Environmental Protection Act 1990

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Changes to legislation:

Environmental Protection Act 1990, Section 79 is up to date with all changes known to be in force on or before 14 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

• s. 33(10A) inserted by 2024 asp 13s. 20(2)(a)
• s. 33A(10)(a) words in s. 33A(10) renumbered as s. 33A(10)(a) by 2024 asp 13s. 11(2)(a)
• s. 33A(10)(a) words substituted by 2024 asp 13s. 11(2)(b)
• s. 33A(10)(b) inserted by 2024 asp 13s. 11(2)(c)
• s. 33ZB(10A) inserted by 2021 c. 30s. 69(3)(b)
• s. 34(6A) inserted by 2024 asp 13s. 20(2)(b)
• s. 34ZB(8A) inserted by 2021 c. 30s. 69(5)(b)
• s. 34ZC inserted by 2024 asp 13s. 14(3)
• s. 44ZA(2)(aa) inserted by 2024 asp 13s. 16(3)(c)
• s. 44ZZA inserted by 2024 asp 13s. 16(2)
• s. 46ZA - 46ZE inserted by 2024 asp 13s. 15(2)
• s. 47B inserted by 2024 asp 13s. 17(2)
• s. 59(1A) inserted by 2024 asp 13s. 12(1)(a)
• s. 59(10) - (13) inserted by 2024 asp 13s. 12(1)(e)
• s. 71A inserted by 2024 asp 13s. 13(2)
• s. 88C 88D inserted by 2024 asp 13s. 18(2)
• s. 106A inserted by 2023 c. 6s. 41(2)
• s. 140(10A) - (10D) inserted by 2024 asp 13s. 21(2)
• s. 161(2AA) (2AB) inserted by 2016 anaw 3s. 69(4)

79 Statutory nuisances and inspections therefor. E+W

(1) [ F2 Subject to subsections (1A) to (6A) below ] , the following matters constitute “ statutory nuisances ” for the purposes of this Part, that is to say—

(a) any premises in such a state as to be prejudicial to health or a nuisance;

(b) smoke emitted from premises so as to be prejudicial to health or a nuisance;

(c) fumes or gases emitted from premises so as to be prejudicial to health or a nuisance;

(d) any dust, steam, smell or other effluvia arising on industrial, trade or business premises and being prejudicial to health or a nuisance;

(e) any accumulation or deposit which is prejudicial to health or a nuisance;

(f) any animal kept in such a place or manner as to be prejudicial to health or a nuisance;

[ F3 (fa) any insects emanating from relevant industrial, trade or business premises and being prejudicial to health or a nuisance; ]

[ F4 (fb) artificial light emitted from premises so as to be prejudicial to health or a nuisance; ]

(g) noise emitted from premises so as to be prejudicial to health or a nuisance;

[ F5 (ga) noise that is prejudicial to health or a nuisance and is emitted from or caused by a vehicle, machinery or equipment in a street [ F6 or in Scotland, road ] ; ]

(h) any other matter declared by any enactment to be a statutory nuisance;

and it shall be the duty of every local authority to cause its area to be inspected from time to time to detect any statutory nuisances which ought to be dealt with under section 80 below [ F7 or sections 80 and 80A below ] and, where a complaint of a statutory nuisance is made to it by a person living within its area, to take such steps as are reasonably practicable to investigate the complaint.

F8 [ (1A) No matter shall constitute a statutory nuisance to the extent that it consists of, or is caused by, any land being in a contaminated state.

(1B) Land is in a “ contaminated state ” for the purposes of subsection (1A) above if, and only if, it is in such a condition, by reason of substances in, on or under the land, that—

(a) harm is being caused or there is a possibility of harm being caused; or

(b) pollution of controlled waters is being, or is likely to be, caused;

and in this subsection “ harm ”, “ pollution of controlled waters ” and “ substance ” have the same meaning as in Part IIA of this Act. ]

(2) Subsection (1)(b) [ F9 , (fb) ] and (g) above do not apply in relation to premises—

(a) occupied on behalf of the Crown for naval, military or air force purposes or for the purposes of the department of the Secretary of State having responsibility for defence, or

(b) occupied by or for the purposes of a visiting force;

and “ visiting force ” means any such body, contingent or detachment of the forces of any country as is a visiting force for the purposes of any of the provisions of the Visiting Forces Act 1952.

(3) Subsection (1)(b) above does not apply to—

(i) smoke emitted from a chimney of a private dwelling within a smoke control area [ F10 in Wales ] ,

(ii) dark smoke emitted from a chimney of a building or a chimney serving the furnace of a boiler or industrial plant attached to a building or for the time being fixed to or installed on any land,

(iii) smoke emitted from a railway locomotive steam engine, or

(iv) dark smoke emitted otherwise than as mentioned above from industrial or trade premises.

(4) Subsection (1)(c) above does not apply in relation to premises other than private dwellings.

(5) Subsection (1)(d) above does not apply to steam emitted from a railway locomotive engine.

[ F11 (5A) Subsection (1)(fa) does not apply to insects that are wild animals included in Schedule 5 to the Wildlife and Countryside Act 1981 (animals which are protected), unless they are included in respect of section 9(5) of that Act only. ]

[ F12 (5B) Subsection (1)(fb) does not apply to artificial light emitted from—

(b) harbour premises;

(c) railway premises, not being relevant separate railway premises;

(d) tramway premises;

(e) a bus station and any associated facilities;

(f) a public service vehicle operating centre;

(g) a goods vehicle operating centre;

(6) Subsection (1)(g) above does not apply to noise caused by aircraft other than model aircraft.

[ F13 (6A) Subsection (1)(ga) above does not apply to noise made—

(b) by any naval, military or air force of the Crown or by a visiting force (as defined in subsection (2) above), or

(c) by a political demonstration or a demonstration supporting or opposing a cause or campaign. ]

• [ F14 “ airport ” has the meaning given by section 95 of the Transport Act 2000; ]
• [ F15 “ appropriate person ” means—

in Greater London, a London borough council, the Common Council of the City of London and, as respects the Temples, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple respectively;

in Scotland, a district or islands council or a council constituted under section 2 of the M1 Local Government etc (Scotland) Act 1994; ]

in relation to a statutory nuisance, means the person to whose act, default or sufferance the nuisance is attributable;

in relation to a vehicle, includes the person in whose name the vehicle is for the time being registered under [ F27 the Vehicle Excise and Registration Act 1994 ] and any other person who is for the time being the driver of the vehicle;

in relation to machinery or equipment, includes any person who is for the time being the operator of the machinery or equipment; ]

and any expressions used in this section and in [ F37 the Clean Air Act 1993 ] have the same meaning in this section as in that Act and [ F37 section 3 of the Clean Air Act 1993 ] shall apply for the interpretation of the expression “dark smoke” and the operation of this Part in relation to it.

[ F38 (7A) Railway premises are relevant separate railway premises if—

(a) they are situated within—

(i) premises used as a museum or other place of cultural, scientific or historical interest, or

(ii) premises used for the purposes of a funfair or other entertainment, recreation or amusement, and

(b) they are not associated with any other railway premises.

(7B) For the purposes of subsection (7A)—

(a) a network situated as described in subsection (7A)(a) is associated with other railway premises if it is connected to another network (not being a network situated as described in subsection (7A)(a));

(b) track that is situated as described in subsection (7A)(a) but is not part of a network is associated with other railway premises if it is connected to track that forms part of a network (not being a network situated as described in subsection (7A)(a));

(c) a station or light maintenance depot situated as described in subsection (7A)(a) is associated with other railway premises if it is used in connection with the provision of railway services other than services provided wholly within the premises where it is situated.

In this subsection “ light maintenance depot ”, “ network ”, “ railway services ”, “ station ” and “ track ” have the same meaning as in Part 1 of the Railways Act 1993. ]

[ F39 (7C) In this Part “ relevant industrial, trade or business premises ” means premises that are industrial, trade or business premises as defined in subsection (7), but excluding—

(a) land used as arable, grazing, meadow or pasture land,

(b) land used as osier land, reed beds or woodland,

(c) land used for market gardens, nursery grounds or orchards,

(d) land forming part of an agricultural unit, not being land falling within any of paragraphs (a) to (c), where the land is of a description prescribed by regulations made by the appropriate person, and

(e) land included in a site of special scientific interest (as defined in section 52(1) of the Wildlife and Countryside Act 1981),

and excluding land covered by, and the waters of, any river or watercourse, that is neither a sewer nor a drain, or any lake or pond.

(7D) For the purposes of subsection (7C)—

• “ agricultural ” has the same meaning as in section 109 of the Agriculture Act 1947;
• “ agricultural unit ” means land which is occupied as a unit for agricultural purposes;
• “ drain ” has the same meaning as in the Water Resources Act 1991;
• “ lake or pond ” has the same meaning as in section 104 of that Act;
• “ sewer ” has the same meaning as in that Act. ]

(8) Where, by an order under section 2 of the M2Public Health (Control of Disease) Act 1984, a port health authority has been constituted for any port health district, [ F40 or in Scotland where by an order under section 172 of the M3 Public Health (Scotland) Act 1897 a port local authority or a joint port local authority has been constituted for the whole or part of a port, ] the port health authority [ F41 , port local authority or joint port local authority, as the case may be ] shall have by virtue of this subsection, as respects its district, the functions conferred or imposed by this Part in relation to statutory nuisances other than a nuisance falling within paragraph [ F42 (fb), ] (g) [ F43 or (ga) ] of subsection (1) above and no such order shall be made assigning those functions; and “ local authority ” and “ area ” shall be construed accordingly.

(9) In this Part “ best practicable means ” is to be interpreted by reference to the following provisions—

(a) “ practicable ” means reasonably practicable having regard among other things to local conditions and circumstances, to the current state of technical knowledge and to the financial implications;

(b) the means to be employed include the design, installation, maintenance and manner and periods of operation of plant and machinery, and the design, construction and maintenance of buildings and structures;

(c) the test is to apply only so far as compatible with any duty imposed by law;

(d) the test is to apply only so far as compatible with safety and safe working conditions, and with the exigencies of any emergency or unforeseeable circumstances;

and, in circumstances where a code of practice under section 71 of the M4Control of Pollution Act 1974 (noise minimisation) is applicable, regard shall also be had to guidance given in it.

(10) A local authority shall not without the consent of the Secretary of State institute summary proceedings under this Part in respect of a nuisance falling within paragraph (b), (d) [ F44 , (e) [ F45 , (fb) ] or (g) ] [ F46 and, in relation to Scotland, [ F44 paragraph (ga) ] , ] of subsection (1) above if proceedings in respect thereof might be instituted under Part I [ F47 of the M5 Alkali &c. Works Regulation Act 1906 or section 5 of the M6 Health and Safety at Work etc. Act 1974. ] [ F48 or under regulations under section 2 of the Pollution Prevention and Control Act 1999. ]

(11) The area of a local authority which includes part of the seashore shall also include for the purposes of this Part the territorial sea lying seawards from that part of the shore; and subject to subsection (12) [ F28 and [ F49 , in relation to England and Wales, ] section 81A(9) ] below, this Part shall have effect, in relation to any area included in the area of a local authority by virtue of this subsection—

(a) as if references to premises and the occupier of premises included respectively a vessel and the master of a vessel; and

(b) with such other modifications, if any, as are prescribed in regulations made by the Secretary of State.

(12) A vessel powered by steam reciprocating machinery is not a vessel to which this Part of this Act applies.

E1 Ss. 79-82, which previously extended to England and Wales only, extend to Scotland from 1.4.1996 (except where specified) by virtue of the repeal of s. 83 of this Act by 1995 c. 25, s. 120(3), Sch. 24; S.I. 1996/186, art. 3

E2 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only