Air Pollution Act 1987
Penalties.
12. — (1) A person guilty of an offence under this Act F6[ (other than an offence referred to in subsection (1A))]shall be liable—
(a) on summary conviction, to F7[a class A fine] (together with, in the case of a continuing offence, F7[a class E fine] for every day on which the offence is continued and not exceeding in total an amount which, when added to any other fine under this paragraph in relation to the offence concerned, F7[equals €5,000]), or to imprisonment for any term not exceeding six months or, at the discretion of the court, to both such fine and such imprisonment,
(b) on conviction on indictment, to a fine not exceeding F8[€500,000] (together with, in the case of a continuing offence, a fine not exceeding F8[€5,000] for every day on which the offence is continued), or to imprisonment for any term not exceeding two years or, at the discretion of the court, to both such fine and such imprisonment.
F9[(1A) A person guilty of a relevant offence, within the meaning of section 12A(6), shall be liable on summary conviction to a Class A fine or imprisonment for a term not exceeding 6 months or both.]
(2) Section 13 of the Criminal Procedure Act, 1967, shall apply in relation to an offence to which subsection (1) relates as if, in lieu of the penalties provided for in subsection (3) of the said section 13, there were specified therein the penalties provided for in subsection (1) (a), and the reference in subsection (2) (a) of the said section 13 to the penalties provided for in the said subsection (3) shall be construed and have effect accordingly.
Annotations:
Amendments:
F6
Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 19(a), S.I. No. 358 of 2015.
F7
Substituted (23.08.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 9(a)(i)-(iii), S.I. No. 433 of 2011. A class A fine means a fine not exceeding €5,000 and a class E fine means a fine not exceeding €500 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, (4)(1), (8)(1), S.I. No. 662 of 2010.
F8
Substituted (23.08.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 9(b)(i), (ii), S.I. No. 433 of 2011.
F9
Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 19(b), S.I. No. 358 of 2015.
Modifications (not altering text):
C11
Application of section modified (27.05.1996) by Environmental Protection Agency (Extension of Powers) Order 1996 (S.I. No. 126 of 1996), art. 10, in effect as per art. 2.
10. The provisions of the Act of 1987 which are specified in the Table hereunder as modified by this Order shall apply (subject to any qualification included in the Table) to the Agency in lieu of the local authority for the purposes of the prevention or limitation, or the remedying of the effects, as the case may be, of air pollution from an activity, other than an activity to which section 99 (2) of the Act applies, in respect of which a licence or revised licence under Part IV of the Act is in force.
Table
Air Pollution Act 1987
|
Section |
Provision or Qualification |
|
7 |
Subsection (1) for the purpose of the appointment of "authorised persons". |
|
11 |
The whole section. |
|
12 |
The whole section. |
|
13 |
Subsections (1), (3) and (4). |
|
14 |
The whole section. |
|
15 |
The whole section. |
|
16 |
Paragraphs (a) and (b) of subsection (1) and subsections (2), (3) and (4). |
|
24 |
The whole section. |
|
26 |
The whole section. |
|
28 |
Subsections (4) and (6). |
|
54 |
Subsections (1), (2), (3) and (4). |
11. For the purposes of article 10, a function conferred on a local authority or anything required to be done in relation to a local authority under any of the provisions of the Act of 1987 specified in that article, shall, as the case may be, be exercised by, or done in relation to, the Agency in lieu of the local authority.
12. (1) For the purposes of articles 10 and 11, for references to "local authority" in any of the provisions therein referred to (other than section 13 (1) (b) of the Act of 1987) there shall be substituted the following—
"the Environmental Protection Agency, in the case of an activity in respect of which a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992 , is in force, and, in any other case, a local authority",
and cognate words shall be construed accordingly.
(2) For the purposes of articles 10 and 11, the provisions of the Act of 1987 which are specified in the said articles shall apply as modified in the manner set out in the Second Schedule.
SECOND SCHEDULE
Modifications of the Air Pollution Act, 1987
The provisions of the Air Pollution Act, 1987 as modified for the purposes of article 12 (2) are set out as follows—
… (none relevant to this section)
C12
Application of section modified (1.08.1994) by Environmental Protection Agency (Extension of Powers) Order 1994 (S.I. No. 206 of 1994), art 10, in effect as per art. 2.
10. The provisions of the Act of 1987 which are specified in the Table hereunder as modified by this Order shall apply (subject to any qualification included in the Table) to the Agency in lieu of the local authority for the purposes of the prevention or limitation, or the remedying of the effects, as the case may be, of air pollution from an activity, other than an activity to which section 99 (2) of the Act applies, in respect of which a licence or revised licence under Part IV of the Act is in force.
Table
Air Pollution Act 1987
|
Section |
Provision |
|
7 |
Subsection (1) for the purpose of the appointment of "authorised persons". |
|
11 |
The whole section |
|
12 |
The whole section |
|
13 |
Subsections (1), (3) and (4). |
|
14 |
The whole section |
|
15 |
The whole section |
|
16 |
Paragraphs (a) and (b) of subsection (1) and subsections (2), (3) and (4). |
|
24 |
The whole section |
|
26 |
The whole section |
|
28 |
The whole section |
|
28A |
Subsections (4) and (6). |
|
54 |
Subsections (1), (2), (3) and (4). |
11. For the purposes of article 10, a function conferred on a local authority or anything required to be done in relation to a local authority under any of the provisions of the Act of 1987 specified in that article, shall, as the case may be, be exercised by, or done in relation to, the Agency in lieu of the local authority.
12. (1) For the purposes of articles 10 and 11, for references to "local authority" in any of the provisions therein referred to (other than section 13 (1) (b) of the Act of 1987) there shall be substituted the following—
"the Environmental Protection Agency, in the case of an activity in respect of which a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992, is in force, and, in any other case, a local authority",
and cognate words shall be construed accordingly.
(2) For the purposes of articles 10 and 11, the provisions of the Act of 1987 which are specified in the said articles shall apply as modified in the manner set out in the Second Schedule.
SECOND SCHEDULE
Modifications of the Air Pollution Act, 1987
The provisions of the Air Pollution Act, 1987 as modified for the purposes of article 12 (2) are set out as follows—
… (none relevant to this section).