Defence to proceedings in respect of statutory nuisance  Protection of interests  Certification of documents, etc.  Service of notices  ( a ) 1990 c. 43. There are amendments to this sub-section which are not relevant to this Order.  ( b ) Subsection (2) was amended by section 5(2) of the Noise and Statutory Nuisance Act 1993 (c. 40); there are other  amendments to this subsection which are not relevant to this Order.  ( c )  1974 c. 40. Section 61 was amended by section 162 of, and paragraph 15 of Schedule 3 to, the Environmental Protection  Act 1990 (c. 43). There are other amendments to section 61 which are not relevant to this Order.  30 42. —(1) A notice or other document required or authorised to be served for the purposes of this  Order may be served—  (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.  (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).  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.  40.  Schedule 10 (protective provisions) has effect.  (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.  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.  (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 