What powers do councils have to deal with environmental nuisance issues?
The Local Government Act 1999, the Public and Environmental Health Act 1987 and the Development Act 1993 give councils the power to deal with a number of activities arising from domestic, retail/commercial and industrial premises that may cause environmental nuisance. Councils may also appoint authorised officers under the Environment Protection Act 1993 (the EP Act). An authorised officer has wide-ranging powers in connection with the administration and enforcement of the EP Act where they may require any person to comply with reasonable measures to protect the environment. Authorised officers appointed by a council for the purposes of the EP Act may only exercise power as an authorised officer within the area of their council; and are restricted from exercising power as an authorised officer in relation to: • activities that fall within the scope of Schedule 1 of the EP Act (licensed activities) • activities undertaken by the Crown, the council or another public authority or a prescr
