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Section 82(12)

EPA 1990

Where on the hearing of proceedings for an order under subsection (2) above it is proved that the alleged nuisance existed at the date of the making of the complaint or summary application, then, whether or not at the date of the hearing it still exists or is likely to recur, the court or the sheriff shall order the defendant or defender (or defendants or defenders in such proportions as appears fair and reasonable) to pay to the person bringing the proceedings such amount as the court or the sheriff considers reasonably sufficient to compensate him for any expenses properly incurred by him in the proceedings.

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Source: legislation.gov.uk · retrieved 2026-07-30