Section 82

Information to help you make a complaint at a Magistrates' Court under Section 82 of the Environmental Protection Act 1990.

Section 82 allows a person aggrieved by a statutory nuisance to make a complaint to a Magistrates' Court in an attempt to seek an order from the court requiring the person responsible for the nuisance to abate (stop, prevent, reduce) it.

The court will make an order

If the magistrates are satisfied that a nuisance exists, or although abated is likely to recur on the same premises, the court will make an order requiring the nuisance to be abated and any necessary works to be carried out to stop recurrence.

We have used the term 'person responsible'. However, where that person cannot be found, proceedings may be taken against the owner or occupier of the premises from which the problem arises.

Where the nuisances arise from industrial, trade or business premises they may have a defence that they have used the best practicable means to prevent or counteract the effects of the nuisance.

Expenses and compensation

At the hearing you may be able to obtain an order from the court requiring the defendant to pay any of your expenses incurred in bringing the proceedings.

You will not be able to obtain compensation for any suffering; however, you may be able to if you take a common law action.

It is an offence to contravene any requirement of an order.