PART 7MISCELLANEOUS AND GENERAL
Defence to proceedings in respect of statutory nuisance62
1
Where proceedings are brought under section 82(1) of the Environmental Protection Act 199065 (summary proceedings by persons aggrieved by statutory nuisances) in relation to a nuisance falling within section 79(1)(g) of that Act66 (noise emitted from premises so as to be prejudicial to health or a nuisance) no order may be made, and no fine may be imposed, under section 82(2) of that Act if the defendant shows—
a
that the nuisance relates to premises used by the Agency for the purposes of or in connection with the exercise of powers conferred by this Order with respect to the authorised works and that the nuisance is attributable to the carrying out of the authorised works which are being carried out in accordance with a notice served under section 60 of the Control of Pollution Act 197467 (control of noise on construction sites), or a consent given under section 61 of that Act68 (prior consent for work on construction sites), or
b
that the nuisance is a consequence of the operation of the authorised works and that it cannot reasonably be avoided.
2
Section 61(9) of the Control of Pollution Act 1974 (consent for work on construction site to include statement that it does not of itself constitute a defence to proceedings under section 82 of the Environmental Protection Act 1990) does not apply where the consent relates to the use of premises by the Agency for the purposes of or in connection with the exercise of powers conferred by this Order with respect to works.