Statuary nuisance is a statutory instrument derived and defined in the environmental protection act 1990 act 3. Statuary nuisance falls in the category of civil law
Statutory nuisance is tort law and is when a nuisance has been defined by law.
A definition of statutory nuisance might read like this
“The un-acceptable interference with the personal comfort or amenity of neighbours or nearby community”
It basically means if an individual or company is impeding your quiet or damaging your health through activities which may be producing noise , smoke or dust etc you are able to complain to the local council or go straight to a magistrate and if they are found to be in breach of the statuary nuisance laws. They can be ordered to stop within 21 days, if they do not stop abatement order can be issued and if they still do not stop an injunction can be served on them and it will turn into a criminal case
The magistrate is guided by three issues in deciding if there are grounds for a statutory nuisance order
1. Nature and location
2. Time and duration
3. The utility of activity
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