Environmental guidance for your business in Northern Ireland & Scotland

Environmental legislation for nuisances

Nuisances: environmental legislation

This page provides links to the full text of key pieces of environmental legislation relating to noise, odour and other nuisances. The websites hosting the legislation may list amendments separately.

If you are setting up an environmental management system (EMS) for your business, you can use this list to start compiling your legal register. Your legal adviser or environmental consultant will be able to tell you if other environmental legislation applies to your specific business.

Environmental management systems and environmental reports

Northern Ireland

Clean Neighbourhoods and Environment Act (Northern Ireland) 2011. Contains a range of measures to improve the quality of the local environment by giving district councils additional powers to deal with litter, fly-posting and graffiti, dogs, noise, statutory nuisance, nuisance alleyways, abandoned and nuisance vehicles, and abandoned shopping trolleys.

Control of Pollution Act 1974 Part III (as amended)Sets out district council's duty to inspect and exercise powers concerning noise abatement zones, and the process for dealing with excess noise and noise from construction sites.

Pollution Control and Local Government (Northern Ireland) Order 1978 SR 1049 Regulates waste on land, abandoned vehicles, noise nuisance, noise abatement zones, sulphur content of oil fuel used in furnaces and engines, cable burning, and pollution of the atmosphere and water. Other aspects have been revoked.

Statutory Nuisances (Appeals) Regulations (Northern Ireland) 2012 SR 61 Provides grounds and procedure for appealing an abatement notice served under the Clean Neighbourhoods and Environment Act (NI) 2011.

Statutory Nuisances (Insects) Regulations (Northern Ireland) 2012 SR 36 Prescribe the land forming part of an agricultural unit in respect of which payments are made under any of the land management schemes are excluded from the provisions in relation to statutory nuisances regarding insects.

Statutory Nuisances (Artificial Lighting) (Designation of Relevant Sports) Order (Northern Ireland) 2012 SR37. Designates which sports can use the defence of best practice for artificial light nuisance, such as floodlighting, at outdoor sports facilities in Northern Ireland.

Planning (Control of Advertisement) Regulations (Northern Ireland) 2015 SR.66 Provide a self-contained set of procedures relating to display of advertisements in Northern Ireland.

Scotland

Antisocial Behaviour etc. (Scotland) Act 2004 Introduces fixed penalty notices for fly-tipping, littering and other anti-social environmental offences.

Antisocial Behaviour (Noise Control) (Scotland) Regulations SSI 2005/43 Sets out maximum noise levels allowed at specified times of the day from properties subject to noise nuisance measures under the Antisocial Behaviour etc. (Scotland) Act 2004.

Civic Government (Scotland) Act 1982 Sets out licensing arrangements for certain business activities - eg taxis, car dealers, metal dealers and street traders including wheelie bin jetting and cleaning operations.

Control of Pollution Act 1974 Part III (as amended) Sets out local authorities' duty to inspect and exercise powers concerning noise abatement zones, and the process for dealing with excess noise and noise from construction sites.

Environmental Protection Act 1990. Provides statutory duties for local authorities to deal with statutory nuisance.

Noise and Statutory Nuisance Act 1993 Sets measures for road noise, operating loudspeakers in a street, intruder alarms and covers local authority expenses for abating or preventing nuisance from recurring.

Public Health etc. (Scotland) Act 2008 Updates the nuisance provisions of the Environmental Protection Act 1990 by introducing new nuisances of light and insects.

Town and Country Planning (Control of Advertisement)(Scotland)Regulations 1984 as amended in 2014

The Town and Country Planning (Control of Advertisements) (Scotland) Amendment Regulations 2014 These Regulations amend the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984. These introduce powers to serve stop notices in respect of enforcement action taken where there is a breach of the 1984 Regulations and make it an offence to fail to comply with an enforcement notice or stop notice.

Further information

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Waste management licences

Environmental legislation on NetRegs

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