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Control of Pollution Act 1974

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This is the original version (as it was originally enacted).

3(1)If no objection is duly made to the Secretary of State within the said period, or if every objection so made is withdrawn, the Secretary of State may, if he thinks fit, confirm the order with or without modifications.

(2)In any other case he shall, subject to the following provisions of this paragraph, before confirming the order—

(a)cause a local inquiry to be held in pursuance of section 96 of this Act; or

(b)afford to any person by whom an objection has been duly made as aforesaid and not withdrawn an opportunity of appearing before and being heard by a person appointed by him for the purpose ;

and, after considering the objection and the report of the person who held the inquiry or the person appointed as aforesaid, he may confirm the order with or without modifications.

(3)The Secretary of State may confirm the order (with or without modifications) without complying with the preceding sub-paragraph if he is satisfied that compliance is unnecessary having regard to—

(a)the nature of the premises to which the order will relate when it comes into force ; or

(b)the nature of the interests of the persons who have made objections which have not been withdrawn.

(4)Where the order varies or revokes a previous order, the Secretary of State may, in acting under sub-paragraph (2) above, disregard any objection to the order which in his opinion amounts in substance to an objection which was made to the previous order.

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