Paragraph 6

If, in contravention of paragraph 1—

(a)

any solid matter is placed; or

(b)

the discharge, flow or fall of any matter, whether solid or liquid, is caused, allowed or suffered; or

(c)

any structure is erected, placed, altered, repaired or suffered to remain;

it shall be deemed to be a nuisance and, without prejudice to any other remedy, shall be liable to be dealt with summarily in the manner provided by the following provisions—

(i)

the Ministry may serve on that person a notice requiring him to abate the nuisance within a time to be specified in the notice, and, if he makes default in doing so, the Ministry may cause a complaint relating to the nuisance to be made before a justice of the peace, and the justice shall thereupon issue a summons requiring that person to appear before a court of summary jurisdiction;

(ii)

if the court is satisfied that, with respect to that solid matter, discharge or structure, that person has contravened paragraph 1, the court shall make an order requiring him to abate the nuisance within a time specified in the order, and may by order—

(A)

impose on him a penaltyF1 not exceeding £1,000 or such other sum as the Department may specify by order subject to affirmative resolution; and

(B)

give directions as to the payment of all costs incurred up to the time of the making of the order;

(iii)

if any person does not obey an order under this paragraph to abate a nuisance, he shall, unless he satisfies the court that he used all due diligence to carry out the order, be liable to a penalty not exceeding 5 for every day during which his default continues, and the Ministry may—

(A)

abate the nuisance; and

(B)

recover from that person the expenses incurred in doing so.

Annotations

Textual amendments

F1: 1999 NI 6