PUBLIC HEALTH (IRELAND) ACT 1878

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PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 107



107. For the purposes of this Act,

(1)Any premises in such a state as to be a nuisance or [prejudicial to
health]:

(2)Any pool, ditch, gutter, watercourse, privy, urinal, cesspool, drain, or
ashpit so foul or in such a state as to be a nuisance or [prejudicial to
health]:

(3)Any animal so kept as to be a nuisance or [prejudicial to health]:

(4)Any accumulation or deposit which is a nuisance or [prejudicial to health]:

(5)Any house or part of a house so overcrowded as to be dangerous or
[prejudicial to health] of the inmates, whether or not members of the same
family:

(6)Any factory, workshop, or workplace not kept in a cleanly state, or not
ventilated in such a manner as to render harmless as far as practicable any
gases, vapours, dust, or other impurities generated in the course of the work
carried on therein that are a nuisance or [prejudicial to health], or so
overcrowded while work is carried on as to be dangerous or [prejudicial to
health] of those employed therein:

[(7)Any trade, business, manufacture or process which is a nuisance, or which
causes any grit or dust (being solid particles of any kind, other than such
particles emitted from a chimney as an ingredient of smoke) or effluvia which
is a nuisance to, or injurious to the health of, any of the inhabitants of the
neighbourhood;

(8)...]

First. That a penalty shall not be imposed on any person in respect of any
accumulation or deposit necessary for the effectual carrying on any business
or manufacture if it be proved to the satisfaction of the court that the
accumulation or deposit has not been kept longer than is necessary for the
purposes of the business or manufacture, and that the best available means
have been taken for preventing injury thereby to the public health:

[Secondly. That in any proceedings in relation to a nuisance of the kind
referred to in paragraph (7) of this section, it shall be a defence to prove
that the best practicable means (within the meaning of the Clear Air (Northern
Ireland) Order 1981) have been used for abating the nuisance or for
preventing, or counteracting the effect of, the grit or dust or effluvia.]

Para. spent

1981 NI 4

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Northern Irish Legislation

PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 107