Air Pollution Act, 1987
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Confirmation of special control area order. |
41.—(1) As soon as may be after they have made a special control area order, a local authority shall publish in one or more newspapers circulating in the area to which the order relates a notice— | |
(a) stating that a special control area order has been made and specifying the area to which the order relates; | ||
(b) naming a place where a copy of the order and any map or plan referred to therein may be inspected free of charge by any interested person; | ||
(c) specifying the times and the period, being not less than one month, during which the order and the map and plan (if any) can be so inspected; | ||
(d) specifying the period, being not less than one month, within which, and the manner in which, any person affected by the order may make objections thereto; | ||
(e) stating that the order will not come into operation until it has been confirmed by the Minister; | ||
(f) stating that if objections are duly made to the order and are not withdrawn, the Minister, before confirming or refusing to confirm the order, will cause an oral hearing to be held at which any person who has, within the period specified in the notice, made an objection to the order will be afforded an opportunity of being heard. | ||
(2) As soon as may be after the period for the making of objections has expired, the local authority concerned shall transmit the special control area order to the Minister for confirmation and, when so transmitting the order, they shall also transmit to the Minister any objections which have, within the specified period, been made and have not been withdrawn. | ||
(3) Where no objections have, within the specified period, been made to the making of the special control area order or all such objections have been withdrawn, the Minister may— | ||
(a) by order confirm the special control area order with or without modifications, or | ||
(b) refuse to confirm the order, or | ||
(c) if he considers it desirable so to do, before confirming, or refusing to confirm, the order, cause an oral hearing to be held in relation to the order. | ||
(4) Where objections have, within the specified period, been made to the making of the special control area order and such objections have not been withdrawn, the Minister shall cause an oral hearing to be held in relation to the order and shall afford each person who duly made an objection to the order the opportunity of being heard. | ||
(5) When he has considered the report (including any recommendation contained therein) of the person who held the oral hearing, the Minister may, by order, confirm the special control area order, with or without modifications, or he may refuse to confirm it. | ||
(6) In deciding whether or not to confirm a special control area order, the Minister shall have regard to the provisions of paragraphs (a), (b), (c), (d) and (e) of section 39 (2). | ||
(7) Every order made by the Minister under this section confirming a special control area order shall specify a date, being not less than six months after the date of the making of the confirming order, on which the special control area order shall come into operation: provided always that the date so specified in relation to a special control area order which— | ||
(a) revokes a previous special control area order, or | ||
(b) exempts specified areas or specified buildings or classes of buildings from all or any of the requirements of a special control area order, | ||
may be the date of the making of the confirming order or any date subsequent to that date. | ||
(8) Notice of the making of an order confirming a special control area order and of the date on which the special control area order shall come into operation shall be published, given or served by the local authority concerned in such manner as the Minister may direct. |