4.2 What is a nuisance? 4.2.1 Definitions The nuisance provisions in the PHWA apply to nuisances which are, or are liable to be, dangerous to health or offensive Such nuisances are, but are not limited to, nuisances arising from or constituted by any5: (a) premises; (b) water; (c) animals, (d) refuse; (e) noise or emission; (f) state, condition or activity; or (g) other matter or thing which is, or is liable to be, dangerous to health or offensive . When determining whether a nuisance is dangerous to health or offensive: > regard must not be had to the number of persons affected or that may be affected. Therefore, although only a few people may be affected by a nuisance, the nuisance may still fall within the nuisance provisions and require investigation; and regard may be had to the degree of offensiveness. > 4.2.2 Is it dangerous to health? The term to is not defined in the PHWA. However, note that “dangerous health” something can be dangerous to both a physical health and also to their person’s mental health. 4.2.3 Is it offensive? A significant difference between the Health Act and the PHWA is that the meaning of has been given a narrower definition in the PHWA. is now “offensive” “Offensive” defined as or injurious to personal comfort” than being “noxious rather “noxious, annoying or injurious to personal comfort” [emphasis added]. The removal of the means that a nuisance must now be more than word “annoying” solely or merely that is merely annoying is a subjective notion “annoying”. Something associated with a amenity which is something that might not actually be person’s harmful to health. It is intended that matters which are merely annoying be separately dealt with through other avenues of redress such as through local laws, the Environment Protection Act 1970 (Vic) or the planning system under the Planning and Environment Act 1987 (Vic) or even privately between parties (which is a remedy available to councils in some circumstances). 5
4.2 4.2.1 What is a nuisance? Definitions The nuisance provisions in the PHWA apply to nuisances which are, or are liable to be, dangerous to health or offensive Such nuisances are, but are not limited to, nuisances arising from or constituted by any5: (a) (b) (c) (d) (e) (f) (g) premises; water; animals, refuse; noise or emission; state, condition or activity; or other matter or thing which is, or is liable to be, dangerous to health or offensive . When determining whether a nuisance is dangerous to health or offensive: > > 4.2.2 regard must not be had to the number of persons affected or that may be affected. Therefore, although only a few people may be affected by a nuisance, the nuisance may still fall within the nuisance provisions and require investigation; and regard may be had to the degree of offensiveness. Is it dangerous to health? The term “dangerous to health” is not defined in the PHWA. However, note that something can be dangerous to both a person’s physical health and also to their mental health. 4.2.3 Is it offensive? A significant difference between the Health Act and the PHWA is that the meaning of “offensive” has been given a narrower definition in the PHWA. “Offensive” is now defined as “noxious or injurious to personal comfort” rather than being “noxious, annoying or injurious to personal comfort” [emphasis added]. The removal of the word “annoying” means that a nuisance must now be more than solely or merely “annoying”. Something that is merely annoying is a subjective notion associated with a person’s amenity which is something that might not actually be harmful to health. It is intended that matters which are merely annoying be separately dealt with through other avenues of redress such as through local laws, the Environment Protection Act 1970 (Vic) or the planning system under the Planning and Environment Act 1987 (Vic) or even privately between parties (which is a remedy available to councils in some circumstances). 5
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