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Environmental Protection Act 1990

Sanctum Consultants specialise in assisting Clients with the abatement of statutory nuisances using the procedure contained within Section 82 of the Environmental Protection Act 1990 We help countless individuals every year to resolve issues that affect their quality of life and impact on their amenity and wellbeing. In many instances, once the procedure is invoked, issues can be resolved informally avoiding the need for an application to the Magistrates' Court.

Section 82 proceedings have a number of advantages over the County Court procedure for nuisance action. First and foremost there is no requirement for a person to have any property rights, as there is for a common law or private nuisance, and:

  • It is much quicker, with 3 days Notice required for noise nuisance, and 21 days for other types of nuisance.
  • No fee on application for summons for private prosecutors .
  • Less time consuming, as a full hearing date is usually set within 2-3 months.
  • Rapid resolution through a Court Order, requiring the defendant to abate the nuisance along with an award of compensation.
  • The Court can also order the defendant to compensate the claimant for any expenses properly incurred by bringing proceedings, if it is proven that the alleged nuisance existed at the date of the making of the complaint; whether or not at the date of the hearing it still exists or is likely to recur.

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