## Defence to proceedings in respect of statutory nuisance 

39. —(1) Where proceedings are brought under section 82(1) (summary proceedings by person aggrieved by statutory nuisance) of the Environmental Protection Act 1990( a ) in relation to a nuisance falling within paragraph (g) of section 79(1) (noise emitted from premises so as to be prejudicial to health or a nuisance) of that Act no order is to be made, and no fine may be imposed, under section 82(2)( b ) of that Act if— 

(a) the defendant shows that the nuisance— 

(i) relates to premises used by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development and that the nuisance is attributable to the carrying out of the authorised development in accordance with a notice served under section 60 (control of noise on construction site), or a consent given under section 61 (prior consent for work on construction site) of the Control of Pollution Act 1974( c ); or 

(ii) is a consequence of the construction or maintenance of the authorised development and that it cannot reasonably be avoided; or 

(b) the defendant shows that the nuisance is a consequence of the use of the authorised development and that it cannot reasonably be avoided. 

(2) Section 61(9) (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) of the Control of Pollution Act 1974 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 or maintenance of the authorised development. 

## Protection of interests 

40.  Schedule 10 (protective provisions) has effect. 

## Certification of documents, etc. 

41. —(1) As soon as practicable after the making of this Order, the undertaker must submit copies of each of the plans and documents set out in Schedule 11 (documents to be certified) to the Secretary of State for certification that they are true copies of those plans and documents. 

(2) Where any plan or document set out in Schedule 11 requires to be amended to reflect the terms of the Secretary of State’s decision to make the Order, that plan or document in the form amended to the Secretary of State’s satisfaction is the version of the plan or document required to be certified under paragraph (1). 

(3) A plan or document so certified will be admissible in any proceedings as evidence of the contents of the document of which it is a copy. 

## Service of notices 

42. —(1) A notice or other document required or authorised to be served for the purposes of this Order may be served— 

(a) by post; 

(b) by delivering it to the person on whom it is to be served or to whom it is to be given or supplied; or 

