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 amounts to a statutory nuisance; only