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Section 79 in Pt 3 of the Environmental Protection Act 1990 states that a statutory nuisance includes ‘smoke, fumes or gasses emitted from premises so as to be prejudicial to health or a nuisance’.When plastic, rubber and painted materials are burnt, they create poisonous fumes and, therefore, the burning of such items is likely to constitute a statutory nuisance.

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However, in certain circumstances a bonfire can amount to a ‘nuisance’.

There are two types of nuisance: a ‘private nuisance’; and a ‘public nuisance’.

There are a number of pieces of legislation which deal with particular types of public nuisance.

Where a nuisance is created under a piece of legislation it is referred to as a ‘statutory nuisance’.

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