POLLUTION CONTROL AND LOCAL GOVERNMENT (NORTHERN IRELAND) ORDER 1978

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POLLUTION CONTROL AND LOCAL GOVERNMENT (NORTHERN IRELAND) ORDER 1978 - SECT 87



87.Para.(1), with Schedule 6, effects amendments; para.(2), with Schedule 7,
effects repeals

(3) The Department may by order repeal or amend any provision of any local or
private Act or of any statutory instrument as defined by section 1(c) of the
Interpretation Act (Northern Ireland) 1954 if it appears to the Department
that the provision is inconsistent with, or has become unnecessary or requires
alteration in consequence of, any provision of this Order or corresponds to
any provision repealed by this Order.

(4) An order under Article 1 may make such transitional provisions as appear
to the Head of the Department to be necessary or expedient in connection with
the provisions thereby brought into operation, including such adaptations of
those provisions as appear to him to be necessary or expedient in consequence
of the partial operation of this Order.

1. A district council shall after making any noise abatement order cause to be
published in the Belfast Gazette and once at least in each of two successive
weeks in one or more than one newspaper circulating in the district to which
the order relates a notice

(a)stating that the order has been made, and its general effect;

(b)specifying a place in the district of the district council where a copy of
the order and of any map or plan referred to therein may be inspected by any
person free of charge at all reasonable times during a period of not less than
six weeks from the date of the last publication of the notice; and

(c)stating that within the said period any person who will be affected by the
order may by notice to the Department object to the confirmation of the order.

2. Besides publishing the notice referred to in paragraph 1, the district
council which has made an order shall post, and keep posted throughout the
said period, copies of the notice in such number of conspicuous places within
the district to which the order relates as appear to it necessary for the
purpose of bringing the making of the order to the notice of persons who will
be affected.

3. If no objection is duly made to the Department within the said period, or
if every objection so made is withdrawn, the Department may confirm the order
(with or without modifications) or refuse to confirm the order, as the
Department thinks fit.

4. If any objection duly made to the Department is not withdrawn, the
Department

(a)may, if it thinks it necessary to do so, afford to the person who made the
objection and to the district council an opportunity of appearing before and
being heard by a person appointed by the Department for that purpose; and

(b)shall consider any objection not withdrawn and, where a hearing takes
place, the report of the person appointed for that purpose;

5. On receipt of notice that the Department has confirmed an order, the
district council shall take such steps as appear to it to be suitable for
bringing the confirmation of the order to the notice of persons affected by
the order.

6. An order when confirmed shall, subject to paragraph 7, come into operation
on such date as may be specified therein, not being a date earlier than six
months from the date of the confirmation.

7. If, before the date on which an order is to come into force, the district
council

(a)passes a resolution postponing the coming into operation thereof; and

(b)publishes a notice stating the effect of the resolution once at least in
each of two successive weeks in one or more than one newspaper circulating in
the area to which the order relates;

8. A district council shall not exercise its power under paragraph 7 to
postpone the coming into operation of a noise abatement order for a period of,
or for periods amounting in all to, more than twelve months without the
consent of the Department.

Schedule 2 rep. by 1981 NI4 art.44(3) sch.5. Schedules 36Amendments.
Schedule 7Repeals

Article 43(3).

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Northern Irish Legislation

POLLUTION CONTROL AND LOCAL GOVERNMENT (NORTHERN IRELAND) ORDER 1978 - SECT 87