The Role of The Law of Nuisance as a Mechanism for Controlling Polution

Abstract

THE ROLE OF THE LAW OF NUISANCE AS A MECHANISM FOR CONTROLLING POLLUTION Hasmah bt. Abu Zarln Jabatan Pengurusan Hartabenda dan Penllaian Fakulti Ukur Unlversitl Teknologi Malaysia Nuisance law Is a branch from law of tort. It concerns with the protection of the environment Examples are: pollution by oil or noxious fumes, interference with leisure activities and offensive smells from premises used for keeping animals or noise from industrial installations So, there are three areas of nuisance that are: nuisance which have no environmental flavour; protection of private rights in the enjoyment of land; nuisance replaced with statutory powers designed to control environmental damage Nuisance can be divided into two:- a) Public nuisance, and b) Private nuisance. Public or common nuisance is a crime and it affects the reasonable comfort and convenience of life. Examples are: carrying on an offensive trade, selling food unfit for human consumption, and obstructing public highways. The government or authority will take action against the polluter such as Injunction or damages to control the pollution because it affects the community at large. This can also be called the alienability rules. Private nuisance is an unlawful interference with a person's use or enjoyment of land. It is a continuous or recurrent and the law tries to preserve a balance between two conflicting interest that is occupier In using his land and his neighbour in enjoyment of his land. This situation can be applied to property and liability rules. The occupier can use his land according to the planning law that is to determine the pattern of permissible land uses between neighbours. This is to save guard his neighbour property right because the occupier activity can be actionable nuisance. by Introduction: 1.0 Public Nuisance 2.0 Private nuisance 3.0