PART 5MISCELLANEOUS AND GENERAL
Defence to proceedings in respect of statutory nuisance50
1
Where proceedings are brought under section 82(1) (summary proceedings by person aggrieved by statutory nuisance) of the Environmental Protection Act 199067 in relation to a nuisance falling within paragraph (g) of section 79(1)68 (noise emitted from premises so as to be prejudicial to health or a nuisance) of that Act no order is to be made, and no fine imposed, under section 82(2) of that Act if the defendant shows—
a
that the nuisance relates to premises used by the Authority for the purposes of or in connection with the exercise of the powers conferred by this Order with respect to works and that the nuisance is attributable to the carrying out of works which are being carried out in accordance with a notice served under section 60 (control of noise on construction sites), or a consent given under section 6169 (prior consent for work on construction sites) of the Control of Pollution Act 197470; or
b
that the nuisance is a consequence of the operation or maintenance of the authorised tramway and that it cannot reasonably be avoided.
2
Section 61(9) (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) of the Control of Pollution Act 1974 does not apply where the consent relates to the use of premises by the Authority for the purposes of or in connection with the exercise of the powers conferred by this Order with respect to works.
3
The provisions of this article do not affect any rule of common law having similar effect.