168. Dust, steam, smell or other effluvia.

168.     Dust, steam, smell or other effluvia.

Any dust1, steam, smell or other effluvia2 arising on industrial, trade or business premises3 and that is prejudicial to health4 or a nuisance5 constitutes a statutory nuisance6. This does not, however, apply to steam emitted from a railway locomotive engine7.

Provisions relating to statutory nuisance8 do not apply in relation to dust from the combustion of refuse deposited from a mine or quarry9 from which coal or shale has been, is being or is to be got10.