1967 Ed.] Emergency (Principal) Regulations.
81. (1) If the competent authority is satisfied-
[CAP. 241
(a) that it is necessary in the public interest that any particular work should be carried on in any particular premises or place; and
(b) that the carrying on of that work therein under the conditions necessitated by the requirements of the public interest is causing or may cause a nuisance,
the competent authority may by order provide for authorizing the carrying on of that work in those premises or that place notwithstanding that a nuisance may be caused thereby:
Provided that-
(i) before making any such order the competent authority shall take steps to ascertain whether arrangements cannot be made for the work to be carried on under such conditions as aforesaid, either in the premises or place in which it is being carried on or in some other premises or place, without causing a nuisance, and, if satisfied that such arrangements cannot be made, shall ascertain what means can be taken for minimizing the nuisance; and
(ii) any such order shall specify the work and the premises or place to which it relates and shall be made subject to such conditions as the competent authority thinks best calculated to minimize the nuisance as far as is practicable without prejudicing the public interests.
(2) Where an order has been made under this regulation authorizing the carrying on of any work in any premises or place, no legal proceedings for the abatement or prohibition of any nuisance caused by the carrying on, while the order is in force, of that work in those premises or that place or for the recovery of damages in respect of such a nuisance (including proceedings for the enforcement of any undertaking given, or of any injunction or other order of a court granted or made, before the coming into operation of the order) shall be entertained by any court, but if upon representations made to any person appearing to the competent authority by which the order was made to be interested, the authority is satisfied that any condition imposed by the order is not being complied with, the authority shall send to the persons engaged in the work authorized by the order a notice requiring them to comply with that condition within such time as may be specified in the notice, and, if the requirements of the notice are not complied with to the satisfaction of the competent authority the authority shall revoke the order:
Provided that the provisions of this paragraph as to the duty of the competent authority in the event of any such condition not being complied with shall be without prejudice to the power of the competent authority to vary any such condition if the competent authority is satisfied that it is necessary so to do.
P 61
[Subsidiary]
Power to permit nuisances where necessary.