Environmental Protection Agency Act, 1992
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Power of local authority or Agency to require measures to be taken to prevent or limit noise. |
107.—(1) Where it appears to— | |
(a) a local authority in relation to any premises, processes or works, other than an activity for which a licence is required under Part IV , or | ||
(b) the Agency in relation to an activity for which a licence is required under Part IV but has not been issued, | ||
that it is necessary to do so for the prevention or limitation of noise, the local authority or the Agency, as the case may be, may serve a notice on the person in charge. | ||
(2) A notice pursuant to this section shall indicate requirements for the prevention or limitation of the noise and may— | ||
(a) specify the measures which appear to the local authority or the Agency, as the case may be, to be necessary in order to prevent or limit the noise, | ||
(b) direct the person on whom the notice is served to take such measures as may be specified in the notice to prevent or limit the noise, and | ||
(c) specify a period, which the local authority or the Agency, as the case may be, considers reasonable in all the circumstances of the case, within which such measures are to be taken. | ||
(3) A person on whom a notice under this section has been served may, within such period as may be specified in the notice, make such representations in writing as he thinks fit to the local authority or the Agency, as the case may be, concerning the terms of the notice, and the local authority or the Agency, as the case may be, having considered any such representations, may amend a provision of the notice (including the provision relating to subsection (2) (c)) or may confirm or revoke the notice, and shall inform the person of such amendment, confirmation or revocation. | ||
(4) A person on whom a notice under this section has been served shall, within the period specified, comply with the requirements of the notice, or, as the case may be, the notice as amended. | ||
(5) If a person on whom a notice under this section has been served by a local authority or the Agency, as the case may be, does not, within the period specified in the notice or in the notice as amended, as the case may be, comply with the requirements of the notice or the notice as amended, the local authority or the Agency, as the case may be, may take such steps as it considers reasonable and necessary to secure compliance with the notice and may recover any costs and expenses thereby incurred from the person on whom the notice was served as a simple contract debt in any court of competent jurisdiction. | ||
(6) It shall be a good defence, in a prosecution for a contravention of this section in the case of noise caused in the course of a trade or business, for the accused to prove that— | ||
(a) he took all reasonable care to prevent or limit the noise to which the charge relates by providing, maintaining, using, operating and supervising facilities, or by employing practices or methods of operation, that, having regard to all the circumstances, were suitable for the purposes of such prevention or limitation, or | ||
(b) the noise is in accordance with— | ||
(i) the terms of a licence under this Act, or | ||
(ii) regulations under section 106 . | ||
(7) A register of notices issued, amended or revoked by the local authority or the Agency shall be kept at the office of the local authority or the Agency, as the case may be, and be available for public inspection free of charge during office hours and copies of entries shall be provided on request to any person on payment by him to the local authority or the Agency, as the case may be, of such fee (if any) as the local authority or the Agency, as the case may be, shall fix not exceeding the reasonable cost of making the copy. |