Statutory nuisances and pollution of estuaries

The High Court has ruled that the statutory nuisance provisions in Part III of the Environmental Protection Act 1990 cannot be used in respect of pollution of coasts and estuaries. Although the legislation refers to "watercourses" the court held that the context implies a much narrower definition of the term than would normally apply. The decision also raises several important procedural issues relating to statutory nuisances which will have significance for all authorities involved in this area of environmental law.

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