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Pollution Control and Local Government (Northern Ireland) Order 1978

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Pollution Control and Local Government (Northern Ireland) Order 1978, Section 46 is up to date with all changes known to be in force on or before 16 August 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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  • Sch. 4 para. 1 2 repealed by 2011 c. 23 (N.I.) Sch. 4 Pt. 5 (Amendment could not be applied. The relevant affected text is not available on legislation.gov)

Commencement Orders yet to be applied to the Pollution Control and Local Government (Northern Ireland) Order 1978

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Reduction of noise levelsN.I.

46.—(1) If it appears to the district council—

(a)that the level of noise emanating from any premises to which a noise abatement order applies is not acceptable having regard to the purposes for which the order was made; and

(b)that a reduction in that level is practicable at reasonable cost and would afford a public benefit,

the council may serve a notice on the person responsible.

(2) The notice shall require that person—

(a)to reduce the level of noise emanating from the premises to such level as may be specified in the notice;

(b)to prevent any subsequent increase in the level of noise emanating from those premises without the consent of the district council; and

(c)to take such steps as may be specified in the notice to achieve those purposes.

(3) A notice under this Article (in this Part referred to as a “noise reduction notice”) shall specify a time, not being less than six months from the date of service of the notice, within which the noise level is to be reduced to the specified level and, where the notice specifies any steps necessary to achieve that purpose, within which those steps shall be taken.

(4) A noise reduction notice may specify particular times, or particular days, during which the noise level is to be reduced, and may require the noise level to be reduced to different levels for different times or days.

(5) A noise reduction notice shall take effect whether or not a consent under Article 45 authorises a level of noise higher than that specified in the notice.

(6) The district council shall record particulars of a noise reduction notice in the noise level register.

(7) A person who is served with a noise reduction notice may, within three months of the date of service, appeal to a court of summary jurisdiction against the notice.

(8) A person who without reasonable excuse contravenes a noise reduction notice shall be guilty of an offence against this Part.

(9) In proceedings for an offence under paragraph (8) in respect of noise caused in the course of a trade or business, it shall be a defence to prove that the best practicable means had been used for preventing, or for counteracting the effect of, the noise.

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