161. Best practicable means.

Some statutory nuisances1 provide that it is a defence2 for a defendant to a prosecution for contravention of an abatement notice3 to prove that he has used the best practicable means to prevent or counteract the effects of the nuisance. 'Best practicable means' is to be interpreted by reference to the following points4:

  1.  

    (1)     '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 implications5;

  2.  

    (2)     the means to be employed include the design, installation, maintenance and manner and periods of operation of plant

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