Clean Neighbourhoods and Environment Act 2005
2005 CHAPTER 16
Commentary on Sections
Part 9: Miscellaneous
Section 101 Statutory nuisance: insects
257.This section amends section 79 of the Environmental Protection Act 1990 so as to provide that the statutory nuisances listed in that section include “insects emanating from relevant industrial, trade or business premises and being prejudicial to health or a nuisance”. This has the effect of subjecting nuisance insects from such premises to the statutory nuisance regime in Part 3 of the Environmental Protection Act 1990.
258.The effect of subsection (3) is to prevent any insect included in Schedule 5 to the Wildlife and Countryside Act 1981 (animals which are protected), other than those included in respect of Section 9(5) of that Act only, from constituting the new form of statutory nuisance.
259.Subsection (5) inserts Section 79(7C) of the Environmental Protection Act 1990 which describes what industrial, trade or business premises are relevant industrial, trade or business premises. Certain types of land (including types of farmland and land within a Site of Special Scientific Interest) and certain waters are excluded.
Section 103Sections 101 and 102: supplementary
263.Section 103 amends section 80(8) and section 82(10) of the Environmental Protection Act 1990 so that the defence of having used best practicable means to prevent, or counteract the effects of, a statutory nuisance will only be available for either of the new statutory nuisances if the nuisance arises on industrial, trade or business premises, and, in the case of nuisance lighting, if the nuisance arises because of lights used to illuminate an outdoor relevant sports facility, that is to say a facility used for a relevant sport. The Secretary of State, in relation to England, and the National Assembly for Wales, in relation to Wales, are given a power to designate by order which sports are relevant sports.
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