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
ARRANGEMENT OF SECTIONS
Preliminary and General
Section |
|
Fixed payment notice for offence relating to organic solvents. |
|
Fuels Register
General Provisions relating to Air Pollution
Power of local authority to require measures to be taken to prevent or limit air pollution. |
|
Power of local authority to take steps to prevent or limit air pollution. |
|
Licensing of Industrial Plant
Special Control Areas
Power of local authority to require alterations to premises. |
|
Air Quality Management Plans and Standards
Miscellaneous
Application of Local Government (Planning and Development) Act, 1963. |
|
Transitional provisions in relation to certain licensable works. |
|
Pollutants to which Act Applies
Enactments repealed
Statutory Instruments repealed
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 |
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1967, No. 12 |
|
County Management Acts, 1940 to 1985 |
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1963, No. 28 |
|
Local Government (Planning and Development) Acts, 1963 to 1983 |
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1962, No. 26 |
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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.