The Associated British Ports (Immingham Green Energy Terminal) Order 2025
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Change 1
57 Defence to proceedings in respect of statutory nuisance
(1) Where proceedings are brought under section 82(1) of the Environmental Protection Act 1990 (summary proceedings by person aggrieved by statutory nuisance) in relation to a nuisance falling within paragraphs (b), (d), (e), (fb), (g), (ga) and, so far as relevant to sections 259(1)(a) and (b) of the Public Health Act 1936, (h) of section 79(1) (statutory nuisances and inspections thereof) of the Environmental Protection Act 1990 no order is to be made, and no fine may be imposed, under section 82(2) of that Act if the defendant shows that the nuisance— (a) relates to premises used by the undertaker for the purposes of or in connection with the construction, maintenance, operation or decommissioning of the authorised project and that the nuisance is attributable to such activity or use in accordance with— (i) a notice served under section 60 of the Control of Pollution Act 1974 (control of noise on construction site); (ii) a consent given under section 61 (prior consent for work on a construction site) of that Act; or (iii) the applicable controls and measures relating to smoke, dust, accumulations, deposits, light, noise, vibration, lighting or ponds, pools, ditches, gutters or watercourses described in the relevant construction environmental management plan, construction traffic management plan, drainage strategy, lighting strategy, noise management scheme or decommissioning environmental management plan approved (as applicable) by— (aa) the relevant planning authority pursuant to the relevant provision of Schedule 2 (requirements); (bb) by the MMO pursuant to the relevant term of the deemed marine licence or of any marine licence granted or varied pursuant to the 2009 Act (including any variation of the deemed marine licence), or in the Long Strip construction environmental management plan, or in accordance with noise and lighting levels set out in an environmental permit relating to the construction, maintenance, operation or decommissioning of the relevant part of the authorised project; or (b) is a consequence of the construction, maintenance, operation or decommissioning of the authorised project and that it cannot reasonably be avoided. (2) Section 61(9) of the Control of Pollution Act 1974 (consent for work on construction site to include statement that it does not of itself constitute a defence to proceedings under section 82 of the Environmental Protection Act 1990) does not apply where the consent relates to the use of premises by the undertaker for the purposes of or in connection with the construction, maintenance or decommissioning of the authorised project. (3) In proceedings for an offence under section 80(4) of the Environmental Protection Act 1990 (offence of contravening abatement notice) in respect of a statutory nuisance falling within paragraphs (b), (d), (e), (fb), (g), (ga) and, so far as relevant to section 259 of the Public Health Act 1936, (h) of the Environmental Protection Act 1990 where the offence consists in contravening requirements imposed by virtue of section 80(1)(a) or (b) of that Act, it is a defence to show that the nuisance— (a) relates to premises used by the undertaker for the purposes of or in connection with the construction, maintenance, operation or decommissioning of the authorised project and that the nuisance is attributable to such use in accordance with— (i) a notice served under section 60 of the Control of Pollution Act 1974 (control of noise on construction site); (ii) a consent given under section 61 (prior consent for work on a construction site) of that Act; or (iii) the applicable controls and measures relating to smoke, dust, accumulations, deposits, light, noise, vibration, lighting or ponds, pools, ditches, gutters or watercourses described in the relevant construction environmental management plan, construction traffic management plan, drainage strategy, lighting strategy, noise management scheme or decommissioning environmental management plan approved by— (aa) the relevant planning authority pursuant to the relevant provision of Schedule 2 (requirements); or (bb) the MMO pursuant to the relevant term of the deemed marine licence or of any marine licence granted or varied pursuant to the 2009 Act (including any variation of the deemed marine licence), or in the Long Strip construction environmental management plan or in accordance with noise and lighting levels set out in an environmental permit relating to the construction, maintenance, operation or decommissioning of the relevant part of authorised project; or (b) is a consequence of the construction, maintenance, operation or decommissioning of the authorised project and that it cannot reasonably be avoided.
57 Defence to proceedings in respect of statutory nuisance
(1) Where proceedings are brought under section 82(1) of the Environmental Protection Act 1990 (summary proceedings by person aggrieved by statutory nuisance) in relation to a nuisance falling within paragraphs (b), (d), (e), (fb), (g), (ga) and, so far as relevant to sections 259(1)(a) and (b) of the Public Health Act 1936, (h) of section 79(1) (statutory nuisances and inspections thereof) of the Environmental Protection Act 1990 no order is to be made, and no fine may be imposed, under section 82(2) of that Act if the defendant shows that the nuisance— (a) relates to premises used by the undertaker for the purposes of or in connection with the construction, maintenance, operation or decommissioning of the authorised project and that the nuisance is attributable to such activity or use in accordance with— (i) a notice served under section 60 of the Control of Pollution Act 1974 (control of noise on construction site); (ii) a consent given under section 61 (prior consent for work on a construction site) of that Act; or (iii) the applicable controls and measures relating to smoke, dust, accumulations, deposits, light, noise, vibration, lighting or ponds, pools, ditches, gutters or watercourses described in the relevant construction environmental management plan, construction traffic management plan, drainage strategy, lighting strategy, noise management scheme or decommissioning environmental management plan approved (as applicable) by— (aa) the relevant planning authority pursuant to the relevant provision of Schedule 2 (requirements); (bb) by the MMO pursuant to the relevant term of the deemed marine licence or of any marine licence granted or varied pursuant to the 2009 Act (including any variation of the deemed marine licence), or in the Long Strip construction environmental management plan, or in accordance with noise and lighting levels set out in an environmental permit relating to the construction, maintenance, operation or decommissioning of the relevant part of the authorised project; or (b) is a consequence of the construction, maintenance, operation or decommissioning of the authorised project and that it cannot reasonably be avoided. (2) Section 61(9) of the Control of Pollution Act 1974 (consent for work on construction site to include statement that it does not of itself constitute a defence to proceedings under section 82 of the Environmental Protection Act 1990) does not apply where the consent relates to the use of premises by the undertaker for the purposes of or in connection with the construction, maintenance or decommissioning of the authorised project. (3) In proceedings for an offence under section 80(4) of the Environmental Protection Act 1990 (offence of contravening abatement notice) in respect of a statutory nuisance falling within paragraphs (b), (d), (e), (fb), (g), (ga) and, so far as relevant to section 259 of the Public Health Act 1936, (h) of the Environmental Protection Act 1990 where the offence consists in contravening requirements imposed by virtue of section 80(1)(a) or (b) of that Act, it is a defence to show that the nuisance— (a) relates to premises used by the undertaker for the purposes of or in connection with the construction, maintenance, operation or decommissioning of the authorised project and that the nuisance is attributable to such use in accordance with— (i) a notice served under section 60 of the Control of Pollution Act 1974 (control of noise on construction site); (ii) a consent given under section 61 (prior consent for work on a construction site) of that Act; or (iii) the applicable controls and measures relating to smoke, dust, accumulations, deposits, light, noise, vibration, lighting or ponds, pools, ditches, gutters or watercourses described in the relevant construction environmental management plan, construction traffic management plan, drainage strategy, lighting strategy, noise management scheme or decommissioning environmental management plan approved by— (aa) the relevant planning authority pursuant to the relevant provision of Schedule 2 (requirements); or (bb) the MMO pursuant to the relevant term of the deemed marine licence or of any marine licence granted or varied pursuant to the 2009 Act (including any variation of the deemed marine licence), or in the Long Strip construction environmental management plan or in accordance with noise and lighting levels set out in an environmental permit relating to the construction, maintenance, operation or decommissioning of the relevant part of authorised project; or (b) is a consequence of the construction, maintenance, operation or decommissioning of the authorised project and that it cannot reasonably be avoided.
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