3(1)Where proceedings are brought under section 82(1) of the Environmental Protection Act 1990 (summary proceedings by person aggrieved by statutory nuisance) in relation to—U.K.
(a)a statutory nuisance falling within section 79(1)(g) of that Act (noise emitted from premises), or
(b)a statutory nuisance falling within section 79(1)(ga) of that Act (noise emitted by vehicle, machinery or equipment in a street),
no order may be made, and no fine may be imposed, under section 82(2) of that Act if the defendant shows that sub-paragraph (2) or (3) applies.
(2)This sub-paragraph applies if the nuisance—
(a)relates to premises or, as the case may be, to a vehicle, machinery or equipment, used by the nominated undertaker for the purposes of or in connection with the exercise of the powers conferred by this Act with respect to works, and
(b)is attributable to the carrying out of works which are being carried out in accordance with a notice served under section 60, or a consent given under section 61 of the Control of Pollution Act 1974.
(3)This sub-paragraph applies if the nuisance—
(a)is a consequence of—
(i)the construction, use or maintenance of the works authorised by this Act, or
(ii)the operation of Phase 2a of High Speed 2, and
(b)cannot reasonably be avoided.