Statutory nuisance under the Environmental Protection Act 1990 A wide range of conduct, (eg emission of smoke, fumes, dust etc), which was, in the past, subject to prosecution at common law for the offence of public nuisance, is now regulated by statute. The key statute is the Environmental Protection Act 1990 (EPA 1990), in particular EPA 1990, Pt III and Sch 3 which relate to statutory nuisance. EPA 1990 provides a self-contained code, giving local authorities (eg district councils and London and other borough councils) and aggrieved individuals separate avenues of enforcement to abate and prevent statutory nuisances, as well as creating offences including for contravening or failing to comply with those enforcement measures. Local authority duties in respect of statutory nuisance The regime is operated mainly by local authorities, which are under a duty: • to inspect their areas from time to time for any statutory nuisances, and • where a complaint of a statutory nuisance is made to them by a person living in its area, to take