New Regulations for Wales amend statutory nuisance provisions of EPA1990

The Statutory Nuisance (Miscellaneous Provisions) (Wales) Regulations 2007 (SI 2007 No.117) were made on 23rd January and entered into force on 31st January 2007. They relate to two categories of nuisance: insects and artificial light. Firstly, in respect of land for which payments are made under any of the land management schemes described in the Schedule to the Regulations (e.g. land designated as an Environmentally Sensitive Area), insects emanating from such land which are prejudicial to health or a nuisance will not constitute a statutory nuisance. The amendments made by these Regulations enable reliance to be placed on best practicable means having been used to abate, or to counteract the effects of, such nuisance.

The Regulations also provide that best practicable means is a ground of appeal against an abatement notice in respect of nuisance from artificial light, where the artificial light is emitted either from industrial, trade or business premises, or by lights used for the purpose of illuminating an outdoor relevant sports facility.

The Statutory Nuisances (Miscellaneous Provisions) (Wales) Order 2007 (SI 2007 No. 120) defines “relevant sport” in relation to the statutory nuisance that may arise from artificial light which arises from lights used to illuminate an outdoor relevant sports facility.

Both pieces of legislation are available on the OPSI website.

Source: www.opsi.gov.uk (accessed 05/02/07)

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