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In section 108 for the words from “; but a district council shall not” to the end there shall be substituted
“; but a district council shall not, without the consent of the Department of the Environment, institute proceedings under this Part in respect of a nuisance to which section 107 applies by virtue of paragraph (4) or (7) of that section or Article 23 of the Clean Air (Northern Ireland) Order 1981, if proceedings in respect thereof might be instituted under—
(a)regulations under Article 4 of the Environment (Northern Ireland) Order 2002; or
(b)the Industrial Pollution Control (Northern Ireland) Order 1997”.
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