Entry and inspection of land.
Power to permit nuisances where
necessary.
6
the order; and any such order may, so far as appears to the Governor to be necessary or expedient for the purposes thereal, provide
(a) for entitling persons using any land in pur suance of the order to do such acts in relation to that land as may be specified in the order; and
(b) for prohibiting or restricting the exercise of rights of way over that land, and of other rights relating thereto which are enjoyed by any person, whether by virtue of an interest in land or otherwise.
(2) Any person who contravenes any order made under this regulation shall be guilty of an offence against these regulations.
7. Any member of His Majesty's regular forces or local naval, military or air force, corps or reserve, or a police officer acting in the course of his duty as such, or any person authorized by a competent authority to act under this regulation on producing, if so required, some duly authenticated document showing his authority-
(a) may enter on any land for the purpose of exercising any of the powers conferred in relation to that land by any si these regulations;
(b) may enter and inspect any land for the purpose of determining whether, and, if so, in what manner, any of these powers are to be exercised in relation to the land; and
(c) may, for any purpose in the public interest pass (with or without animals or vehicles) over any land.
8. (1) If the competent authority is satisfied-
(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 nuisuance 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 interest.
(2) Where an order has been made under this regu- lation 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 ecovery of daniages 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, such authority is satisfied that any con- dition imposed by the order is not being complied with, such 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 such authority shall revoke the order:
Provided that the provisions of this sub-regulation 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.
(3) If while any order by a competent authority under this regulation is in force, an application is made to such authority by persons appearing to such authority to be interested requesting
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