159. Meaning of 'nuisance'.

159.     Meaning of 'nuisance'.

The term 'nuisance' is not defined in the Environmental Protection Act 1990. The term is to be understood in its common law sense, requiring either a private nuisance or a public nuisance1. A matter may at once be both a private nuisance as well as a public nuisance2.

A public nuisance at common law is an act or omission that inflicts damage, injury or inconvenience on all the Queen's subjects or on all members of a class who come within the sphere or neighbourhood of its operation3. However, not every common law public nuisance