Air Pollution Act 1987


Number 6 of 1987


AIR POLLUTION ACT 1987

REVISED

Updated to 31 October 2022


This Revised Act is an administrative consolidation of the Air Pollution Act 1987. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Development (Emergency Electricity Generation) Act 2022 (35/2022), enacted 29 October 2022, and all statutory instruments up to and including the Air Pollution Act 1987 (Solid Fuels) Regulations 2022 (S.I. No. 529 of 2022), made 20 October 2022, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 6 of 1987


AIR POLLUTION ACT 1987

REVISED

Updated to 31 October 2022


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Air Pollution Acts 1987 and 2011: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 1(2)). The Acts in this group are:

Air Pollution Act 1987 (6/1987)

Environment (Miscellaneous Provisions) Act 2011 (20/2011), Part 3 (ss. 9-11)

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Environment (Miscellaneous Provisions) Act 2015 (29/2015)

Freedom of Information Act 2014 (30/2014)

Local Government Reform Act 2014 (1/2014)

Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013)

Environment (Miscellaneous Provisions) Act 2011 (20/2011)

Protection of the Environment Act 2003 (27/2003)

Courts and Court Officers Act 2002 (15/2002)

Waste Management Act 1996 (10/1996)

Local Government (Dublin) Act 1993 (31/1993)

Environmental Protection Agency Act 1992 (7/1992)

All Acts up to and including Development (Emergency Electricity Generation) Act 2022 (35/2022), enacted 29 October 2022, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Air Pollution Act 1987 (Solid Fuels) Regulations 2022 (S.I. No. 529 of 2022)

Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) (Amendment) Regulations 2020 (S.I. No. 260 of 2020)

Air Quality Standards (Amendment) and Arsenic, Cadmium, Mercury, Nickel and Polycyclic Aromatic Hydrocarbons in Ambient Air (Amendment) Regulations 2016 (S.I. No. 659 of 2016)

Air Pollution Act 1987 (Registration of Fuel Bagging Operators and Suppliers, and Marketing, Sale, Distribution and Burning of Specified Fuels) (Amendment) Regulations 2016 (S.I. No. 571 of 2016)

Air Pollution Act (Fixed Payment Notice) (Paints) Regulations 2016 (S.I. No. 348 of 2016)

Air Pollution Act (Fixed Payment Notice) (Solvents) Regulations 2016 (S.I. No. 347 of 2016)

Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) (Amendment) Regulations 2016 (S.I. No. 128 of 2016)

Air Pollution (Fixed Payment Notice) Regulations 2015 (S.I. No. 633 of 2015)

Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) (Amendment) Regulations 2015 (S.I. No. 30 of 2015)

Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 (S.I. No. 326 of 2012)

Air Pollution Act 1987 (Marketing, Sale and Distribution of Fuels) (Amendment) (No. 2) Regulations 2011 (S.I. No. 714 of 2011)

Air Pollution (Fixed Payment Notice) Regulations 2011 (S.I. No. 713 of 2011)

European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

Air Pollution Act 1987 (Marketing, Sale and Distribution of Fuels) (Amendment) Regulations 2011 (S.I. No. 270 of 2011)

Emissions of Volatile Organic Compounds from Organic Solvents (Amendment) Regulations 2010 (S.I. No. 165 of 2010)

Waste Management (Registration of Sewage Sludge Facility) Regulations 2010 (S.I. No. 32 of 2010)

Waste Management (Prohibition of Waste Disposal By Burning) Regulations 2009 (S.I. No. 286 of 2009)

Arsenic, Cadmium, Mercury, Nickel and Polycyclic Aromatic Hydrocarbons In Ambient Air Regulations 2009 (S.I. No. 58 of 2009)

Sulphur Content of Heavy Fuel Oil, Gas Oil, and Marine Fuels Regulations 2008 (S.I. No. 119 of 2008)

Limitation of Emissions of Volatile Organic Compounds Due to the Use of Organic Solvents in Certain Paints, Varnishes and Vehicle Refinishing Products Regulations 2007 (S.I. No. 199 of 2007)

European Communities (Access to Information on the Environment) Regulations 2007 (S.I. No. 133 of 2007)

Air Pollution Act 1987 (Marketing, Sale and Distribution of Fuels) (Amendment) Regulations 2004 (S.I. No. 713 of 2004)

Air Pollution Act 1987 (Environmental Specifications For Petrol and Diesel Fuels) (Amendment) Regulations 2004 (S.I. No. 202 of 2004)

Ozone in Ambient Air Regulations 2004 (S.I. No. 53 of 2004)

Large Combustion Plants Regulations 2003 (S.I. No. 644 of 2003)

Air Pollution Act 1987 (Environmental Specification For Petrol and Diesel Fuels) Regulations 2003 (S.I. No. 541 of 2003)

Air Pollution Act 1987 (Marketing, Sale and Distribution of Fuels) (Amendment) Regulations 2003 (S.I. No. 111 of 2003)

Emissions of Volatile Organic Compounds From Organic Solvents Regulations 2002 (S.I. No. 543 of 2002)

Air Quality Standards Regulations 2002 (S.I. No. 271 of 2002)

Air Pollution Act 1987 (Commencement) Order 2002 (S.I. No. 269 of 2002)

Air Pollution Act 1987 (Licensing of Industrial Plant) (Fees Amendment) Regulations 2001 (S.I. No. 575 of 2001)

Air Pollution Act 1987 (Environmental Specifications For Petrol and Diesel Fuels) (Amendment) Regulations 2001 (S.I. No. 234 of 2001)

Air Pollution Act 1987 (Sulphur Content of Heavy Fuel Oil and Gas Oil) Regulations 2001 (S.I. No. 13 of 2001)

Air Pollution Act 1987 (Marketing, Sale and Distribution of Fuels) (Amendment) Regulations 2000 (S.I. No. 278 of 2000)

Air Pollution Act 1987 (Environmental Specifications For Petrol and Diesel Fuels) Regulations 2000 (S.I. No. 72 of 2000)

Air Pollution Act 1987 (Environmental Specifications For Petrol and Diesel Fuels) Regulations 1999 (S.I. No. 407 of 1999)

European Communities Act 1972 (Access To Information on The Environment) Regulations 1998 (S.I. No. 125 of 1998)

Air Pollution Act 1987 (Marketing, Sale and Distribution of Fuels) Regulations 1998 (S.I. No. 118 of 1998)

Air Pollution Act 1987 (Petroleum Vapour Emissions) Regulations 1997 (S.I. No. 375 of 1997)

Air Pollution Act 1987 (Emission Limit Values For Combustion Plant) Regulations 1996 (S.I. No. 264 of 1996)

Environmental Protection Agency (Extension of Powers) Order 1996 (S.I. No. 126 of 1996)

Air Pollution Act 1987 (Marketing, Sale and Distribution of Fuels) (Cork) Regulations 1994 (S.I. No. 403 of 1994)

Air Pollution Act 1987 (Sulphur Content of Gas Oil) Regulations 1994 (S.I. No. 256 of 1994)

Environmental Protection Agency (Extension of Powers) Order 1994 (S.I. No. 206 of 1994)

Air Pollution Act 1987 (Municipal Waste Incineration) Regulations 1993 (S.I. No. 347 of 1993)

Air Pollution Act 1987 (Marketing, Sale and Distribution of Fuels) (Amendment) Regulations 1993 (S.I. No. 297 of 1993)

Air Pollution Act 1987 (Marketing, Sale and Distribution of Fuels) (Cork) Regulations 1993 (S.I. No. 294 of 1993)

Air Pollution Act 1987 (Marketing, Sale and Distribution of Fuels) Regulations 1992 (S.I. No. 274 of 1992)

Air Pollution Act 1987 (Combustion Plant) Regulations 1992 (S.I. No. 273 of 1992)

Air Pollution Act 1987 (Marketing, Sale and Distribution of Fuels) Regulations 1990 (S.I. No. 123 of 1990)

Air Pollution Act 1987 (Commencement) Order 1990 (S.I. No. 29 of 1990)

Air Pollution Act 1987 (Emission Limit Value For Use of Asbestos) Regulations 1990 (S.I. No. 28 of 1990)

Special Control Area (Ballyfermot Area D) Order 1989 (Confirmation) Order 1990 (S.I. No. 26 of 1990)

Air Pollution Act 1987 (Retail Sale of Fuels) Regulations 1989 (S.I. No. 333 of 1989)

Air Pollution Act 1987 (Authorised Fireplace) (Revocation) Regulations 1989 (S.I. No. 293 of 1989)

Special Control Area (Ballyfermot Area C) Order 1988 (Confirmation) Order 1989 (S.I. No. 292 of 1989)

Special Control Area (Ballyfermot Area B) Order 1989 (Confirmation) Order 1989 (S.I. No. 291 of 1989)

Air Pollution Act 1987 (Sulphur Content of Gas Oil) Regulations 1989 (S.I. No. 168 of 1989)

Air Pollution Act 1987 (Commencement) Order 1989 (S.I. No. 167 of 1989)

Air Pollution Act 1987 (Authorised Fuel) Regulations 1988 (S.I. No. 298 of 1988)

Air Pollution Act 1987 (Authorised Fireplace) Regulations 1988 (S.I. No. 297 of 1988)

Special Control Area (Ballyfermot) Order 1988 (Confirmation) Order 1988 (S.I. No. 282 of 1988)

Air Pollution Act 1987 (Licensing of Industrial Plant) Regulations 1988 (S.I. No. 266 of 1988)

Air Pollution Act 1987 (Commencement) Order 1988 (S.I. No. 265 of 1988)

Air Pollution Act 1987 (Air Quality Standards) Regulations 1987 (S.I. No. 244 of 1987)

Air Pollution Act 1987 (Commencement) (No. 2) Order 1987 (S.I. No. 243 of 1987)

Air Pollution Act 1987 (Commencement) Order 1987 (S.I. No. 201 of 1987)

All statutory instruments up to and including Air Pollution Act 1987 (Solid Fuels) Regulations 2022 (S.I. No. 529 of 2022), made 20 October 2022, were considered in the preparation of this revision.


Number 6 of 1987


AIR POLLUTION ACT 1987

REVISED

Updated to 31 October 2022


ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title.

2.

Commencement.

3.

Non application of Act.

4.

Air pollution.

5.

Best practicable means.

6.

Industrial plant and existing industrial plant.

7.

Interpretation generally.

8.

Application of Act to premises belonging to State.

9.

Repeals.

10.

Regulations.

11.

Offences.

12.

Penalties.

12A.

Fixed payment notice.

12B.

Fixed payment notice for certain offences relating to paints, varnishes and vehicle refinishing products or activities.

12C.

Fixed payment notice for offence relating to organic solvents.

13.

Prosecution of offences.

14.

Powers of authorised person.

15.

Service of notices.

16.

Obligation to give information.

17.

The register.

18.

Research into air pollution.

19.

Expenses.

20.

Consultation by local authorities.

21.

Transfer of functions.

22.

Power to make charges in relation to emissions.

PART IA

Fuels Register

22A.

Registration on fuels register.

22B.

Tax clearance certificate.

22C.

Appeals relating to fuels register.

22D.

Removal from fuels register.

22E.

Further matters relating to fuels register.

22F.

Authorised person for purpose of fuels register.

PART II

General Provisions relating to Air Pollution

23.

Prohibition on certain emissions.

24.

Obligation to prevent air pollution.

25.

Prohibition on emission of smoke.

26.

Power of local authority to require measures to be taken to prevent or limit air pollution.

27.

Power of local authority to take steps to prevent or limit air pollution.

28.

Power of High Court in relation to air pollution.

28A.

Remedies for unauthorised emissions.

28B.

Civil liability for pollution.

29.

Notification of incident causing air pollution.

PART III

Licensing of Industrial Plant

30.

Licence to operate industrial plant.

31.

Regulations regarding licences.

32.

Grant of licences.

33.

Review of licences.

34.

Appeals.

35.

Fees.

36.

Limit on duration of licence.

37.

Change of ownership of industrial plant.

38.

Alterations at industrial plant.

PART IV

Special Control Areas

39.

Special control areas.

40.

Special control area orders.

41.

Confirmation of special control area order.

42.

Oral hearings.

43.

Relaxation or suspension of special control area order.

44.

Power of local authority to require alterations to premises.

45.

Financial assistance for certain works.

PART V

Air Quality Management Plans and Standards

46.

Air quality management plans.

47.

Power of Minister in relation to an air quality management plan.

48.

Publication of notices in relation to air quality management plans.

49.

Duty of local authority on making, varying or replacing an air quality management plan.

50.

Air quality standards.

51.

Emission limit values.

52.

Directions by Minister in relation to air pollution.

53.

Regulations in relation to fuel.

PART VI

Miscellaneous

54.

Monitoring of air quality and emissions.

55.

Power of court to authorise works.

56.

Application of Local Government (Planning and Development) Act, 1963.

57.

Transitional provisions in relation to alkali, etc. work.

58.

Transitional provisions in relation to certain licensable works.

59.

Savers.

FIRST SCHEDULE

Pollutants to which Act Applies

SECOND SCHEDULE

Part I

Enactments repealed

Part II

Statutory Instruments repealed

THIRD SCHEDULE

Industrial Processes to which Act Applies


Acts Referred to

Alkali, etc. Works Regulation Act, 1906

6 Edw. 7, c. 14

Companies Acts, 1963 to 1986

Criminal Procedure Act, 1967

1967, No. 12

County Management Acts, 1940 to 1985

Local Government (Planning and Development) Act, 1963

1963, No. 28

Local Government (Planning and Development) Acts, 1963 to 1983

Local Government (Sanitary Services) Act, 1962

1962, No. 26

Local Government Services (Corporate Bodies) Act, 1971

1971, No. 6

Petty Sessions (Ireland) Act, 1851

14 & 15 Vict. c. 93

Public Health (Ireland) Act, 1878

41 & 42 Vict. c. 52

Safety in Industry Acts, 1955 and 1980


Number 6 of 1987


AIR POLLUTION ACT 1987

REVISED

Updated to 31 October 2022


AN ACT TO PROVIDE FOR THE CONTROL OF AIR POLLUTION AND OTHER MATTERS CONNECTED WITH AIR POLLUTION. [10th June, 1987]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Functions transferred and references construed (22.07.2016) by Climate Action and Environment (Transfer of Departmental Administration and Ministerial Functions) Order 2016 (S.I. No. 393 of 2016), arts. 2, 3 and sch., , in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Communications, Energy and Natural Resources.

(2) References to the Department of the Environment, Community and Local Government contained in any Act or any instrument made under an Act and relating to the administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Communications, Energy and Natural Resources.

3. (1) The functions conferred on the Minister for the Environment, Community and Local Government by or under any of the provisions of—

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Communications, Energy and Natural Resources.

(2) References to the Minister for the Environment, Community and Local Government contained in any Act or instrument made under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Communications, Energy and Natural Resources.

Schedule 1

Article 3(1)(a)

Enactments, functions by or under which are transferred from the Minister for the Environment, Community and Local Government to the Minister for Communications, Energy and Natural Resources.

Air Pollution Act 1987 (No. 6 of 1987)

...

C2

Application of Act restricted (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), reg. 42(22), in effect as per reg. 1(3). The Air Pollution Act 1987 is listed in sch. 2.

Screening for Appropriate Assessment and Appropriate Assessment of implications for European Sites

42.

...

(22) Notwithstanding any provision of any statute listed in the Second Schedule that provides for the consent for a plan or project to which this Regulation applies to be obtained by default on the failure of the public authority to provide a response within a specified timescale or otherwise, that provision shall not have effect in respect of any plan or project to which this Regulation applies.

...

Editorial Notes:

E1

Minister granted power by order to extend certain powers under Act to the Environmental Protection Agency (22.01.1996) by Environmental Protection Agency Act 1992 (7/1992), s. 101, S.I. No. 13 of 1996.