192. Statutory authority.

(4)     Defences

192.     Statutory authority.

Although the Crown cannot grant to a person a right to commit a public nuisance1, an act or omission may have been specifically authorised by statute, and may, therefore, not be actionable either as a public or as a private nuisance2. For the defence of statutory authority to be successfully raised, however, it must be shown that the act was within the powers conferred by the statute3. A local highway authority or the conservators of a navigable river can therefore legalise an obstruction or encroachment to the public right of