PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 58 Application of Division

PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 58

    (1)     This Division applies to nuisances which are, or are liable to be, dangerous to health or offensive.

    (2)     Without limiting the generality of subsection (1), this Division applies in particular to nuisances arising from or constituted by any—

        (a)     premises; or

        (b)     water; or

        (c)     animal, including a bird or insect, capable of carrying a disease transmissible to human beings; or

        (d)     refuse; or

S. 58(2)(e) amended by No. 2/2021 s. 4(1).

        (e)     noise or emission, other than a noise or emission referred to in subsection (2A); or

        (f)     state, condition or activity; or

        (g)     other matter or thing—

which is, or is liable to be, dangerous to health or offensive.

S. 58(2A) inserted by No. 2/2021 s. 4(2).

    (2A)     This Division does not apply to nuisances arising from or constituted by any noise or emission from a wind turbine at a wind energy facility.

    (3)     For the purpose of determining whether a nuisance arising from or constituted by any matter or thing referred to in subsection (2) is, or is liable to be, dangerous to health or offensive—

        (a)     regard must not be had to the number of persons affected or that may be affected; and

        (b)     regard may be had to the degree of offensiveness.

S. 58(4) substituted by No. 2/2021 s. 4(3).

    (4)     In this section—

"offensive" means noxious or injurious to personal comfort;

"wind energy facility "means land used to generate electricity by wind force, including land used for any turbine, building or other structure, anemometer or other thing used in or in connection with the generation of electricity by wind force, other than turbines principally used to supply electricity for domestic or rural use of land.