Local Government (Sanitary Services) Act, 1964
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Application to District Court to annul notice under section 2. |
5.—(1) Any person aggrieved by a notice under section 2 of this Act may, not later than twenty-one days after the date of the giving of the notice, apply to the District Court for the annulment of the notice and— | |
(a) in case the Court is of opinion that no part of the place to which the notice relates is an excavation, quarry, pit, well, reservoir, pond, stream, dam, bank, dump, shaft or land that is or is likely to be dangerous to any person, it shall by order annul the notice, | ||
(b) in case the Court is of opinion that part only of the place is an excavation, quarry, pit, well, reservoir, pond, stream, dam, bank, dump, shaft or land that is or is likely to be dangerous to any person, it shall, by order, either annul the notice, or, with the consent of the sanitary authority by whom the notice was given, amend the notice by restricting its application to the part of the place that is, in the opinion of the Court, an excavation, quarry, pit, well, reservoir, pond, stream, dam, bank, dump, shaft or land that is or is likely to be dangerous to any person, and thereupon the notice as so amended shall be deemed, for the purposes of this Act, to be the notice under the said section 2, and | ||
(c) in any other case, the Court shall dismiss the application. | ||
(2) If an application under this section is withdrawn, the withdrawal shall be deemed to be the determination of the application and the application shall be deemed, for the purposes of this Act, to have been dismissed. | ||
(3) A decision of the District Court under this section shall be final and unappealable. |