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Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked.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.

PART I

Preliminary and General

Short title.

1

1.This Act may be cited as the Air Pollution Act, 1987.

Commencement.

2

2.This Act shall come into operation on such day or days as may be appointed by order or orders of the Minister, either generally or with reference to a particular purpose or provision, or with reference to a particular area or areas, and different days may be fixed for different purposes and different provisions of this Act and for different areas.

Annotations:

Editorial Notes:

E2

Power pursuant to section exercised (17.06.2002) by Air Pollution Act 1987 (Commencement) Order 2002 (S.I. No. 269 of 2002).

Commencement

3. Sections 20, 21, 22 and 23 of the Act shall come into operation on 17 June 2002.

E3

Power pursuant to section exercised (1.03.1990) by  Air Pollution Act 1987 (Commencement) Order 1990 (S.I. No. 29 of 1990).

2. Section 51 of the Air Pollution Act 1987, shall come into operation on the 1st day of March, 1990.

E4

Power pursuant to section exercised (1.07.1989) by Air Pollution Act 1987 (Commencement) Order 1989 (S.I. No. 167 of 1989).

3..On the 1st day of July, 1989—

(a) section 53 of, and the Third Schedule to, the Act shall come into operation,

(b) subsection (2) of section 9 of the Act shall come into operation for the purpose of repealing the European Communities (Sulphur Content of Gas Oil) Regulations 1977 (S.I. No. 361 of 1977) and the European Communities (Sulphur Content of Gas Oil) (Amendment) Regulations, 1985 (S.I. No. 326 of 1985).

E5

Power pursuant to section exercised (1.11.1988) by Air Pollution Act 1987 (Commencement) Order 1988 (S.I. No. 265 of 1988).

3. On the 1st day of November, 1988—

(a) sections 6, 17, 30 to 38, 57 and 58 of the Act shall come into operation,

(b) section 9 of the Act shall come into operation for the purpose of repealing the Alkali, etc. Works Regulation Act 1906, and the Control of Atmospheric Pollution (Licensing) Regulations 1985 (S.I. No. 178 of 1985).

E6

Power pursuant to section exercised (1.10.1987) by Air Pollution Act 1987 (Commencement) (No. 2) Order 1987 (S.I. No. 243 of 1987).

3. Sections 50 and 52 of the Act shall come into operation on the 1st day of October, 1987.

E7

Power pursuant to section exercised (1.09.1987) by Air Pollution Act 1987 (Commencement) Order 1987 (S.I. No. 201 of 1987).

3. On the 1st day of September, 1987—

(a) sections 1, 2, 3, 4, 5, 7, 8, 10,11, 12, 13, 14, 15, 16, 18, 19, 24, 26, 27, 28, 29, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 54, 55, 56 and 59 of the Act and the First Schedule to the Act shall come into operation;

(b) section 9 (1) of the Act shall come into operation for the purpose of repealing the provisions of the Public Health (Ireland) Act, 1878, referred to in column 3 of Part 1 of the Second Schedule to the Act.

Non application of Act.

3

3.This Act shall not apply in relation to an emission arising from—

(i) the disposal at sea of a substance by deliberate combustion for thermal destruction, or

(ii) the use of any radioactive substance or device.

Air pollution.

4

4.Air pollution ” in this Act means a condition of the atmosphere in which a pollutant is present in such a quantity as to be liable to—

(i) be injurious to public health, or

(ii) have a deleterious effect on flora or fauna or damage property, or

(iii) impair or interfere with amenities or with the environment.

Best practicable means.

5

5. (1) Subject to subsection (3), a reference in this Act to the use of the best practicable means to prevent or limit an emission shall be construed as meaning the provision and proper maintenance, use, operation and supervision of facilities which, having regard to all the circumstances, are the most suitable for such prevention or limitation.

(2) In considering whether facilities are the most suitable for the prevention or limitation of an emission, regard shall be had—

(a) in the case of industrial plant, other than existing industrial plant, to—

(i) the current state of technical knowledge, and

(ii) the requirements of the environment, and

(iii) the costs which would be incurred in providing, maintaining, using, operating and supervising the facilities concerned, and

(b) in any other case, in addition to the matters specified in paragraph (a) (i), (ii) and (iii), to—

(i) the nature, extent and effect of the emission concerned, and

(ii) the age of the existing industrial plant or other premises, the nature of the facilities installed therein and the period during which the plant or other premises is likely to be used or to continue in operation, and

(iii) the costs which would be incurred in renovating the plant or other premises, or of renovating or replacing the facilities therein, in relation to the economic situation of undertakings or enterprises of the class concerned.

(3) The Minister may, from time to time as occasion demands, issue directions specifying the best practicable means for preventing or limiting such emission as may be specified in the direction either generally, or from premises of a particular class or description, and regard shall be had, in the administration of this Act, to any such directions.

(4) Whenever the Minister issues a direction under subsection (3), he shall cause as soon as may be—

(a) a copy of such direction to be sent to each local authority and to An Bord Pleanála,

(b) notice of the issue of the direction to be published in Iris Oifigiúil, and

(c) a copy of the direction to be made available, on payment of such fee (if any) as may be fixed by the Minister, to every person who makes application for such a copy.

F1[(4A) Directions under subsection (3) shall not be issued in relation to an activity for the purposes of the Environmental Protection Agency Act 1992, or in relation to any process, development or operation as regards which an order has been made, and remains in force, under section 99B of the said Act.]

(5) In this section “ facilities ” means machinery, plant, equipment, appliances, apparatus, buildings and other structures.

Annotations:

Amendments:

F1

Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 60, S.I. No. 393 of 2004, art. 2.

Editorial Notes:

E8

Previous affecting provision: power pursuant to section exercised (1.12.1993) by Air Pollution Act, 1987 (Municipal Waste Incineration) Regulations 1993 (S.I. No. 347 of 1993); revoked (2.05.2013) by  European Union (Waste Incineration Plants and Waste Co-Incineration Plants) Regulations 2013 (S.I. No. 148 of 2013), reg. 25(a).

E9

Previous affecting provision: power pursuant to section exercised (1.10.1992) by Air Pollution Act 1987 (Combustion Plant) Regulations 1992 (S.I. No. 273 of 1992), in effect as per reg. 1(2); revoked (1.10.1996) by Air Pollution Act, 1987 (Emission Limit Values for Combustion Plant) Regulations 1996 (S.I. No. 264 of 1996), reg. 8, in effect as per reg. 1(2).

E10

Direction by Environmental Protection Agency may cease to have effect in certain circumstances as provided (23.04.1992) by Environmental Protection Agency Act 1992 (7/1992), s. 5(3), commenced on enactment.

E11

Previous affecting provision: subs. (4A) inserted (23.04.1992) by Environmental Protection Agency Act 1992 (7/1992), s. 5(5), commenced on enactment; substituted as per F-note above.

Industrial plant and existing industrial plant.

6

6. (1) Industrial plant ” in this Act means any plant, equipment, appliance, apparatus, machinery, works, building or other structure or any land or any part of any land which is used in the course of trade, business or industry for the purposes of, or incidental to, any industrial process specified in the Third Schedule .

(2) In this Act “ existing industrial plant ” means industrial plant—

(a) in respect of which a permission under Part IV of the Local Government (Planning and Development) Act, 1963, is granted prior to such day (in this subsection referred to as “ the relevant day ”) as may be prescribed by the Minister, or

(b) which is, on the day immediately prior to the relevant day, or was, at any time during the period of twelve months ending on the day immediately prior to the relevant day, used for the purposes of, or incidental to, any industrial process specified in the Third Schedule , other than industrial plant which is an unauthorised structure or the use of which constitutes an unauthorised use.

(3) The Minister may, by regulations, vary, by the addition or deletion of any industrial process, the Third Schedule .

(4) In this section “ unauthorised structure ” and “ unauthorised use ” have the meanings assigned to them by the Local Government (Planning and Development) Act, 1963.

Annotations:

Editorial Notes:

E12

Date prescribed for the purposes of subs. (2)(a) (1.11.1988) by Air Pollution Act 1987 (Licensing of Industrial Plant) Regulations 1988 (S.I. No. 266 of 1988), reg. 4(b), in effect as per reg. 2.

Interpretation generally.

7

7. (1) In this Act—

F2[ Agency means the Environmental Protection Agency;]

air quality management plan ” has the meaning specified in section 46 ;

air quality standard ” means a standard prescribed for the purposes of this Act by the Minister pursuant to section 50;

authorised fireplace ” means a fireplace declared to be an authorised fireplace by the Minister in regulations under section 40 (2);

authorised fuel ” means a fuel declared to be an authorised fuel by the Minister in regulations under section 40 (3);

authorised person ” means F3[(other than in section 12B or 12C or Part IC)] a person who is—

(a) appointed in writing by a local authority to be an authorised person for the purposes of this Act, or

(b) appointed in writing to be an authorised person pursuant to regulations under this Act by a person specified in those regulations;

emission ” means, save where the context otherwise requires, an emission of a pollutant into the atmosphere;

emission limit value ” means a limit prescribed by the Minister under section 51 ;

fireplace ” includes any furnace, incinerator, grate or stove whether open or closed or any other place of combustion;

F2[ fuel activity has the meaning given to it by section 22A;]

F2[ fuel register means the register established and maintained under section 22A;]

functions ” includes powers and duties;

industrial process ” includes any process which is carried on in the course of trade, business or industry and which is for, or incidental to, the making or production of any article, part of an article, substance, energy or thing or the altering, repairing, ornamenting, finishing, cleaning, washing, packing or canning, or the adapting for sale, or breaking up or demolition of any article, substance or thing; including, in particular, the getting, raising, taking, carrying away and processing (including size reduction, grading and heating) of minerals, the storage of mineral wastes and the incineration, treatment or recovery of other wastes;

licence ”, in relation to a licence granted under section 32, includes, where the context so admits or requires, such a licence as revised pursuant to section 33;

local authority ” means—

(a) F4[]

(b) F4[]

(c) in the case of a county borough, the corporation of the county borough, and

(d) in the case of any F4[] administrative county, the council of the county,

and references to the functional area of a local authority shall be construed accordingly;

the Minister ” means the Minister for the Environment;

monitoring ” includes the inspection, measurement, sampling or analysis, for the purposes of this Act, of any emission or of the ambient air in any locality, whether periodically or continuously;

occupier ”, in relation to any premises, includes a lessee, any person entitled to occupy the premises and any other person having, for the time being, control of the premises;

F5[ pollutant means any substance specified in the First Schedule or any other substance (including a substance which gives rise to odour) or energy which, when emitted into the atmosphere either by itself or in combination with any other substance, may cause air pollution;]

premises ” includes any messuage, building, structure or land (whether or not there are structures on the land or whether or not the land is covered with water) or any hereditament of any tenure, together with any out-buildings and curtilage;

prescribed ” means prescribed by regulations made by the Minister;

private dwelling ” means any building or structure or any part of any building or structure (including any ancillary building or structure) which is used, or intended to be used, solely for human habitation but does not include—

(a) a curtilage or garden, or

(b) an ancillary building or structure, or part of a building or structure, having a fireplace with a maximum heating capacity exceeding 45kW which serves more than one dwelling;

public place ” means any street, road, seashore or other place to which the public have access, whether by right or by permission, or whether subject to, or free of charge;

the register ” means the register kept pursuant to section 17;

reserved function ” means—

(a) in relation to the council of a county F4[], a reserved function for the purposes of the County Management Acts, 1940 to 1985,

(b) in relation to the corporation of a county borough, a reserved function for the purposes of the Acts relating to the management of the county borough;

smoke ” includes soot, ash, grit, and any other particle emitted in smoke;

special control area ” means an area in relation to which a special control area order is in operation;

special control area order ” has the meaning assigned to it by section 39 .

(2) In this Act, a reference to a section, Schedule or Part is a reference to a section, Schedule or Part of this Act unless there is an indication that a reference to any other enactment is intended.

(3) In this Act, a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs unless there is an indication that a reference to some other provision is intended.

(4) A reference in this Act to any enactment shall be construed as a reference to that enactment as amended or adapted by any subsequent enactment.

Annotations:

Amendments:

F2

Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 18(a), S.I. No. 358 of 2015, art. 2.

F3

Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 18(b), S.I. No. 358 of 2015, art. 2.

F4

Repealed (1.01.1994) by Local Government (Dublin) Act 1993 (31/1993), s. 4(1) and sch. 1,  S.I. No. 400 of 1993.

F5

Substituted (23.04.1992) by Environmental Protection Agency Act 1992 (7/1992), s. 18(2) and sch. 3 para. 2, commenced on enactment.

Modifications (not altering text):

C3

Reference to Minister 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)

...

C4

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)

C5

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).

Application of Act to premises belonging to State.

8

8.This Act shall apply to premises belonging to or in the occupation of the State.

Repeals.

9

9. (1) Each enactment mentioned in column (2) of Part I of the Second Schedule is hereby repealed to the extent specified in column (3) of that Part of that Schedule.

(2) Each Statutory Instrument mentioned in column (2) of Part II of the Second Schedule is hereby repealed to the extent specified in column (3) of that Part of that Schedule.

Regulations.

10

10. (1) The Minister may make regulations—

(a) for prescribing any matter referred to in this Act as prescribed,

(b) in relation to any matter referred to in this Act as the subject of regulations, and

(c) for the purpose of giving full effect to this Act.

(2) Regulations made under this Act may make different provisions in relation to different areas, different circumstances and different classes of cases.

(3) Where it is proposed to make regulations under section 6 , a draft of the regulations shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each House.

(4) Every regulation made by the Minister under this Act (other than a regulation made under section 6 ) shall be laid before each House of the Oireachtas soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done under it.

Annotations:

Modifications (not altering text):

C6

Application of section and regulations made thereunder restricted (1.05.2007) by European Communities (Access to Information on the Environment) Regulations 2007 (S.I. No. 133 of 2007), reg. 4(2)(b), in effect as per reg. 1(2).

Scope

4. (1) These Regulations apply to environmental information other than, subject to sub-article (2), information that, under any statutory provision apart from these Regulations, is required to be made available to the public, whether for inspection or otherwise

(2) Notwithstanding— ...

(b) sections 10 and 31 of the Air Pollution Act 1987 (No. 6 of 1987) and any regulations made thereunder, and

….

environmental information held by, or on behalf of, a public authority shall be made available in accordance with these Regulations.

C7

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)

C8

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).

Editorial Notes:

E13

Power pursuant to section exercised (31.10.2022) by Air Pollution Act 1987 (Solid Fuels) Regulations 2022 (S.I. No. 529 of 2022), in effect as per reg. 1(2).

E14

Power pursuant to section exercised (28.12.2016) by 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), in effect as per reg. 2.

E15

Power pursuant to section exercised (28.06.2016) by Air Pollution Act (Fixed Payment Notice) (Paints) Regulations 2016 (S.I. No. 348 of 2016), in effect as per reg. 2.

E16

Power pursuant to section exercised (28.06.2016) by Air Pollution Act (Fixed Payment Notice) (Solvents) Regulations 2016 (S.I. No. 347 of 2016), in effect as per reg. 2.

E17

Power pursuant to section exercised (23.02.2009) by Arsenic, Cadmium, Mercury, Nickel and Polycyclic Aromatic Hydrocarbons in Ambient Air Regulations 2009 (S.I. No. 58 of 2009), in effect as per reg. 2.

E18

Power pursuant to section exercised (1.01.2002) by Air Pollution Act, 1987 (Licensing of Industrial Plant) (Fees Amendment) Regulations 2001 (S.I. No. 575 of 2001), in effect as per reg. 2.

E19

Power pursuant to section exercised (1.10.1997) by Air Pollution Act 1987 (Petroleum Vapour Emissions) Regulations 1997 (S.I. No. 375 of 1997), in effect as per reg. 2.

E20

Power pursuant to section exercised (1.03.1990) by Air Pollution Act 1987 (Emission Limit Value for Use of Asbestos) Regulations 1990 (S.I. No. 28 of 1990), in effect as per reg. 1(2).

E21

Power pursuant to section exercised (10.11.1989) by Air Pollution Act, 1987 (Authorised Fireplace) (Revocation) Regulations 1989 (S.I. No. 293 of 1989).

E22

Power pursuant to section exercised (22.11.1988) by Air Pollution Act 1987 (Authorised Fuel) Regulations 1988 (S.I. No. 298 of 1988).

E23

Power pursuant to section exercised (1.11.1988) by Air Pollution Act, 1987 (Licensing of Industrial Plant) Regulations 1988 (S.I. No. 266 of 1988), in effect as per reg. 2.

E24

Previous affecting provision: power pursuant to section exercised (1.09.2020) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) (Amendment) Regulations 2020 (S.I. No. 260 of 2020), in effect as per reg. 2; revoked (31.10.2022) by Air Pollution Act 1987 (Solid Fuels) Regulations 2022 (S.I. No. 529 of 2022), reg. 14(f), in effect as per reg. 1(2).

E25

Previous affecting provision: power pursuant to section exercised (17.11.2016) by 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), in effect as per reg. 2; revoked (31.10.2022) by Air Pollution Act 1987 (Solid Fuels) Regulations 2022 (S.I. No. 529 of 2022), reg. 14(e), in effect as per reg. 1(2).

E26

Previous affecting provision: power pursuant to section exercised (8.03.2016) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) (Amendment) Regulations 2016 (S.I. No. 128 of 2016), in effect as per reg. 2; revoked (31.10.2022) by Air Pollution Act 1987 (Solid Fuels) Regulations 2022 (S.I. No. 529 of 2022), reg. 14(d), in effect as per reg. 1(2).

E27

Previous affecting provision: power pursuant to section exercised (22.12.2015) by Air Pollution (Fixed Payment Notice) Regulations 2015 (S.I. No. 633 of 2015), in effect as per reg. 2; revoked (31.10.2022) by Air Pollution Act 1987 (Solid Fuels) Regulations 2022 (S.I. No. 529 of 2022), reg. 14(c), in effect as per reg. 1(2).

E28

Previous affecting provision: power pursuant to section exercised (21.01.2015, 1.06.2015) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) (Amendment) Regulations 2015 (S.I. No. 30 of 2015), in effect as per reg. 2(1), (2); revoked (31.10.2022) by Air Pollution Act 1987 (Solid Fuels) Regulations 2022 (S.I. No. 529 of 2022), reg. 14(b), in effect as per reg. 1(2).

E29

Previous affecting provision: power pursuant to section exercised (31.08.2012, 1.05.2013) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 (S.I. No. 326 of 2012), in effect as per regs. 2, 3; revoked (31.10.2022) by Air Pollution Act 1987 (Solid Fuels) Regulations 2022 (S.I. No. 529 of 2022), reg. 14(a), in effect as per reg. 1(2).

E30

Previous affecting provision: power pursuant to section exercised (23.12.2011) by Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) (Amendment) (No. 2) Regulations 2011 (S.I. No. 714 of 2011); revoked (31.08.2012) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 (S.I. No. 326 of 2012), reg. 13(f), in effect as per reg. 2.

E31

Previous affecting provision: power pursuant to section exercised (23.12.2011) by Air Pollution (Fixed Payment Notice) Regulations 2011 (S.I. No. 713 of 2011); revoked (22.12.2015) by  Air Pollution (Fixed Payment Notice) Regulations 2015 (S.I. No. 633 of 2015), reg. 5, in effect as per reg 2.

E32

Previous affecting provision: power pursuant to section exercised (7.06.2011, 1.08.2011) by Air Pollution Act 1987 (Marketing, Sale and Distribution of Fuels) (Amendment) Regulations 2011 (S.I. No. 270 of 2011), in effect as per reg. 2(1), (2); revoked (31.08.2012) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 (S.I. No. 326 of 2012), reg. 13(e), in effect as per reg. 2.

E33

Previous affecting provision: power pursuant to section exercised (19.04.2010, 1.12.2010 and 1.06.2015) by Emissions of Volatile Organic Compounds from Organic Solvents (Amendment) Regulations 2010 (S.I. No. 165 of 2010), in effect as per reg. 2; revoked (1.01.2013) by  European Union (Installations and Activities Using Organic Solvents) Regulations 2012 (S.I. No. 565 of 2012), reg. 29(b), in effect as per reg. 2.

E34

Previous affecting provision: power pursuant to section exercised (1.05.2008) by Sulphur Content of Heavy Fuel Oil, Gas Oil, and Marine Fuels Regulations 2008 (S.I. No. 119 of 2008), in effect as per reg. 2; revoked (16.06.2014) by  European Union (Sulphur Content of Heavy Fuel Oil and Gas Oil) Regulations 2014 (S.I. No. 273 of 2014), reg. 12(a).

E35

Previous affecting provision: power pursuant to section exercised (3.05.2007) by 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); revoked (1.01.2013) by  European Union (Paints, Varnishes, Vehicle Refinishing Products and Activities) Regulations 2012 (S.I. No. 564 of 2012), reg. 26(a), in effect as per reg. 2, subject to transitional provision in reg. 17(7).

E36

Previous affecting provision: power pursuant to section exercised (15.11.2004) by Air Pollution Act 1987 (Marketing, Sale and Distribution of Fuels) (Amendment) Regulations 2004 (S.I. No. 713 of 2004), in effect as per reg. 2; revoked (31.08.2012) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 (S.I. No. 326 of 2012), reg. 13(d), in effect as per reg. 2.

E37

Previous affecting provision: power pursuant to section exercised (10.05.2004) by Air Pollution Act 1987 (Environmental Specifications for Petrol and Diesel Fuels) (Amendment) Regulations 2004 (S.I. No. 202 of 2004), in effect as per reg. 2; revoked (31.03.2011) by  European Communities Act, 1972 (Environmental Specifications for Petrol, Diesel Fuels and Gas Oils for use by non-road mobile machinery, including inland waterway vessels, agricultural and forestry tractors, and recreational craft) Regulations 2011 (S.I. No. 155 of 2011), reg. 19(c), in effect as per reg. 2.

E38

Previous affecting provision: power pursuant to section exercised (16.02.2004) by Ozone in Ambient Air Regulations 2004 (S.I. No. 53 of 2004), in effect as per reg. 2; revoked (12.04.2011) by Air Quality Standards Regulations 2011 (S.I. No. 180 of 2011), reg. 27(3), in effect as per reg. 2.

E39

Previous affecting provision: power pursuant to section exercised (27.11.2003) by Large Combustion Plant Regulations 2003 (S.I. No. 644 of 2003), in effect as per reg. 1(2); revoked (7.01.2013) by  European Union (Large Combustion Plants) Regulations 2012 (S.I. No. 566 of 2012), reg. 20(a), in effect as per reg. 2, subject to transitional provisions in regs. 8(2)(b), 11(1)(d).

E40

Previous affecting provision: power pursuant to section exercised (1.01.2004) by Air Pollution Act 1987 (Environmental Specifications for Petrol And Diesel Fuels) Regulations 2003 (S.I. No. 541 of 2003), in effect as per reg. 2; revoked (31.03.2011) by  European Communities Act, 1972 (Environmental Specifications for Petrol, Diesel Fuels and Gas Oils for use by non-road mobile machinery, including inland waterway vessels, agricultural and forestry tractors, and recreational craft) Regulations 2011 (S.I. No. 155 of 2011), reg. 19(b), in effect as per reg. 2.

E41

Previous affecting provision: power pursuant to section exercised (1.10.2003) by Air Pollution Act 1987 (Marketing, Sale and Distribution of Fuels) (Amendment) Regulations 2003 (S.I. No. 111 of 2003), in effect as per reg. 2; revoked (31.08.2012) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 (S.I. No. 326 of 2012), reg. 13(c), in effect as per reg. 2.

E42

Previous affecting provision: power pursuant to section exercised (30.11.2002) by Emissions of Volatile Organic Compounds from Organic Solvents Regulations 2002 (S.I. No. 543 of 2002), in effect as per reg. 2; revoked with saver (1.01.2013) by European Union (Installations and Activities Using Organic Solvents) Regulations 2012 (S.I. No. 565 of 2012), reg. 29(a), in effect as per reg. 2.

E43

Previous affecting provision: power pursuant to section exercised (17.06.2002) by Air Quality Standards Regulations 2002 (S.I. No. 271 of 2002), in effect as per reg. 2; revoked (12.04.2011) by Air Quality Standards Regulations 2011 (S.I. No. 180 of 2011), reg. 27(2), in effect as per reg. 2.

E44

Previous affecting provision: power pursuant to section exercised (1.06.2001) by Air Pollution Act, 1987 (Environmental Specifications for Petrol and Diesel Fuels) (Amendment) Regulations 2001 (S.I. No. 234 of 2001), in effect as per reg. 2; revoked (1.01.2004) by  Air Pollution Act 1987 (Environmental Specifications for Petrol And Diesel Fuels) Regulations 2003 (S.I. No. 541 of 2003), reg. 13(1)(b), in effect as per reg. 2.

E45

Previous affecting provision: power pursuant to section exercised (30.01.2001) by Air Pollution Act, 1987 (Sulphur Content of Heavy Fuel Oil and Gas Oil) Regulations 2001 (S.I. No. 13 of 2001), in effect as per reg. 2; revoked (1.05.2008) by Sulphur Content of Heavy Fuel Oil, Gas Oil, and Marine Fuels Regulations 2008 (S.I. No. 119 of 2008), reg. 16(1), in effect as per reg. 2.

E46

Previous affecting provision: power pursuant to section exercised (1.10.2000) by Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) (Amendment) Regulations 2000 (S.I. No. 278 of 2000), in effect as per reg. 2; revoked (31.08.2012) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 (S.I. No. 326 of 2012), reg. 13(b), in effect as per reg. 2.

E47

Previous affecting provision: power pursuant to section exercised (31.03.2000) by Air Pollution Act, 1987 (Environmental Specifications for Petrol and Diesel Fuels) Regulations 2000 (S.I. No. 72 of 2000), in effect as per reg. 2; revoked (1.01.2004) by Air Pollution Act 1987 (Environmental Specifications for Petrol And Diesel Fuels) Regulations 2003 (S.I. No. 541 of 2003), reg. 13(2)(b), in effect as per reg. 13(2).

E48

Previous affecting provision: power pursuant to section exercised (30.12.1999) by Air Pollution Act, 1987 (Environmental Specifications for Petrol and Diesel Fuels) Regulations 1999 (S.I. No. 407 of 1999), in effect as per reg. 2; revoked (31.03.2011) by European Communities Act, 1972 (Environmental Specifications for Petrol, Diesel Fuels and Gas Oils for use by non-road mobile machinery, including inland waterway vessels, agricultural and forestry tractors, and recreational craft) Regulations 2011 (S.I. No. 155 of 2011), reg. 19(a), in effect as per reg. 2.

E49

Previous affecting provision: application of section and regulations made thereunder restricted (1.05.1998) by European Communities Act, 1972 (Access to Information on the Environment) Regulations 1998 (S.I. No. 125 of 1998), reg. 5(2), in effect as per reg. 2; revoked (1.05.2007) by European Communities (Access to Information on the Environment) Regulations 2007 (S.I. No. 133 of 2007), reg. 2(2).

E50

Previous affecting provision: power pursuant to section exercised (1.10.1998) by Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) Regulations 1998 (S.I. No. 118 of 1998), in effect as per reg. 1(2); revoked (31.08.2012) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 (S.I. No. 326 of 2012), reg. 13(a), in effect as per reg. 2.

E51

Previous affecting provision: power pursuant to section exercised (1.10.1996) by Air Pollution Act, 1987 (Emission Limit Values for Combustion Plant) Regulations 1996 (S.I. No. 264 of 1996), in effect as per reg. 1(2); revoked (27.11.2003) by Large Combustion Plant Regulations 2003 (S.I. No. 644 of 2003), reg. 14, in effect as per reg. 1(2).

E52

Previous affecting provision: power pursuant to section exercised (1.10.1998) by Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) Regulations 1998 (S.I. No. 118 of 1998), in effect as per reg. 1(2); revoked (31.08.2012) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 (S.I. No. 326 of 2012), reg. 13(a), in effect as per reg. 2.

E53

Previous affecting provision: power pursuant to section exercised (1.10.1994) by Air Pollution Act, 1987 (Sulphur Content of Gas Oil) Regulations 1994 (S.I. No. 256 of 1994), in effect as per reg. 2; revoked (30.01.2001) by Air Pollution Act, 1987 (Sulphur Content of Heavy Fuel Oil and Gas Oil) Regulations 2001 (S.I. No. 13 of 2001), reg. 10, in effect as per reg. 2.

E54

Previous affecting provision: power pursuant to section exercised (1.12.1993) by Air Pollution Act, 1987 (Municipal Waste Incineration) Regulations 1993 (S.I. No. 347 of 1993); revoked (2.05.2013) by European Union (Waste Incineration Plants and Waste Co-Incineration Plants) Regulations 2013 (S.I. No. 148 of 2013), reg. 25(a).

E55

Previous affecting provision: power pursuant to section exercised (19.10.1993) by Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) (Amendment) Regulations 1993 (S.I. No. 297 of 1993); revoked (1.10.1998) by Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) Regulations 1998 (S.I. No. 118 of 1998), reg. 10, in effect as per reg. 1(2).

E56

Previous affecting provision: power pursuant to section exercised (18.10.1993) by Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) (Cork) Regulations 1993 (S.I. No. 294 of 1993), in effect as per reg. 1(2); revoked (13.02.1995) by Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) (Cork) Regulations 1994 (S.I. No. 403 of 1994), reg. 9, in effect as per reg. 1(2).

E57

Previous affecting provision: power pursuant to section exercised (1.11.1992) by Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) Regulations 1992  (S.I. No. 274 of 1992), in effect as per reg. 1(3); revoked (1.10.1998) by Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) Regulations 1998 (S.I. No. 118 of 1998), reg. 10, in effect as per reg. 1(2).

E58

Previous affecting provision: power pursuant to section exercised (1.10.1992) by Air Pollution Act 1987 (Combustion Plant) Regulations 1992  (S.I. No. 273 of 1992), in effect as per reg. 1(2); revoked (1.10.1996) by Air Pollution Act 1987 (Emission Limit Values for Combustion Plant) Regulations 1996 (S.I. No. 264 of 1996), reg. 8, in effect as per reg. 1(2).

E59

Previous affecting provision: power pursuant to section exercised (1.09.1990) by Air Pollution Act 1987 (Marketing, Sale and Distribution of Fuels) Regulations 1990 (S.I. No. 123 of 1990), in effect as per reg. 1(2); revoked (1.10.1998) by Air Pollution Act 1987 (Marketing, Sale and Distribution of Fuels) Regulations 1998 (S.I. No. 118 of 1998), reg. 10, in effect as per reg. 1(2).

E60

Previous affecting provision: power pursuant to section exercised (1.01.1990) by  Air Pollution Act 1987 (Retail Sale of Fuels) Regulations 1989 (S.I. No. 333 of 1989), in effect as per reg. 1(2); revoked (1.09.1990) by Air Pollution Act 1987 (Marketing, Sale and Distribution of Fuels) Regulations 1990 (S.I. No. 123 of 1990), reg. 9, in effect as per reg. 1(2).

E61

Previous affecting provision: power pursuant to section exercised (1.07.1989) by  Air Pollution Act 1987 (Sulphur Content of Gas Oil) Regulations 1989 (S.I. No. 168 of 1989), in effect as per reg. 1(2); revoked (1.10.1994) by Air Pollution Act, 1987 (Sulphur Content of Gas Oil) Regulations 1994 (S.I. No. 256 of 1994), reg. 6, in effect as per reg. 2.

E62

Previous affecting provision: power pursuant to section exercised (22.11.1988) by Air Pollution Act 1987 (Authorised Fireplace) Regulations 1988 (S.I. No. 297 of 1988); revoked (10.11.1989) by Air Pollution Act 1987 (Authorised Fireplace) (Revocation) Regulations 1989 (S.I. No. 293 of 1989), reg. 2.

E63

Previous affecting provision: power pursuant to section exercised (1.10.1987) by Air Pollution Act, 1987 (Air Quality Standards) Regulations 1987 (S.I. No. 244 of 1987), in effect as per reg. 1(2); revoked (31.12.2009) by Air Quality Standards Regulations 2002 (S.I. No. 271 of 2002), reg. 19, in effect as per reg. 19.

Offences.

11

11. (1) Any person who contravenes any provision of this Act or of any regulation made under this Act or of any notice served under this Act shall be guilty of an offence.

(2) Where an offence under this Act is committed by a body corporate or by a person acting on behalf of a body corporate and is proved to have been so committed with the consent, connivance or approval of, or to have been facilitated by any neglect on the part of, any director, manager, secretary or other official of such body, such person shall also be guilty of an offence.

(3) In this section, a reference to the contravention of a provision includes, where appropriate, a reference to a refusal, or a failure, to comply with that provision.

Annotations:

Modifications (not altering text):

C9

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)

C10

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).

Editorial Notes:

E64

Previous affecting provision: offences under section specified (31.08.2012) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 (S.I. No. 326 of 2012), reg. 12, in effect as per reg. 2; revoked (31.10.2022) by Air Pollution Act 1987 (Solid Fuels) Regulations 2022 (S.I. No. 529 of 2022), reg. 14(a), in effect as per reg. 1(2).

Penalties.

12

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).

F10[Fixed payment notice.

12A

12A. (1) Where an authorised person has reasonable grounds for believing that a person has committed a relevant offence F11[], the authorised person may give to the person a notice (F12[in this section] referred to as a "fixed payment notice") in writing and in the prescribed form stating that—

(a) the person is alleged to have committed that offence,

(b) the person may, during the period of 21 days beginning on the date of the notice, make to the local authority concerned at the address specified in the notice a payment of the amount specified in subsection (4) in respect of that offence, accompanied by the notice,

(c) the person is not obliged to make the payment specified in the notice, and

(d) a prosecution of the person to whom the notice is given in respect of the relevant offence concerned will not be instituted during the period of 21 days beginning on the date of the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of that offence will be instituted.

(2) Where a fixed payment notice is given—

(a) the person to whom it applies may, during the period of 21 days beginning on the date of the notice, make to the local authority concerned at the address specified in the notice the payment specified in the notice, accompanied by the notice,

(b) the local authority concerned shall receive the payment and shall, upon receipt of the payment, issue a receipt for it and any payment so received shall not be recoverable by the person who made it and the local authority shall retain the money for disposal in accordance with subsection (5), and

(c) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice, and if the payment so specified is made during that period, no prosecution in respect of the alleged offence shall be instituted.

(3) In F13[] proceedings for a relevant offence it shall be a defence for the defendant to prove that he or she has made a payment in accordance with this section, pursuant to a fixed payment notice issued in respect of that offence.

F14[(4) The amount to be specified in a fixed payment notice in respect of a relevant offence is—

(a) €1,000, where the relevant offence consists of a contravention of regulation 5(1) of the Fuel Regulations,

(b) €500, where the relevant offence consists of a contravention of regulation 5(2)(a), 5(2)(b), 5(4)(b), or 7(1)(c) of the Fuel Regulations, or

(c) €250, where the relevant offence consists of a contravention of regulation 5(5) or 7(1)(d) of the Fuel Regulations.]

(5) Moneys received by a local authority pursuant to the giving of a fixed payment notice shall be lodged to the credit of the local fund maintained by the local authority concerned pursuant to, and in accordance with, section 97 (amended by the Local Government (Business Improvement Districts) Act 2006) of the Local Government Act 2001 and expended in accordance with that section.

F15[(6) In this section—

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

"relevant offence" means an offence under section 11 consisting of a contravention of regulation 5(1), 5(2)(a), 5(2)(b), 5(4)(b), 5(5), 7(1)(c) or 7(1)(d) of the Fuel Regulations.]]

Annotations:

Amendments:

F10

Inserted (23.08.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 10, S.I. No. 433 of 2011.

F11

Deleted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 20(a)(i), S.I. No. 358 of 2015.

F12

Substituted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 20(a)(ii), S.I. No. 358 of 2015.

F13

Deleted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 20(b), S.I. No. 358 of 2015.

F14

Substituted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 20(c), S.I. No. 358 of 2015.

F15

Substituted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 20(d), S.I. No. 358 of 2015.

Editorial Notes:

E65

Power pursuant to section exercised (31.10.2022) by Air Pollution Act 1987 (Solid Fuels) Regulations 2022 (S.I. No. 529 of 2022), in effect as per reg. 1(2).

E66

Previous affecting provision: power pursuant to section exercised (22.12.2015) by Air Pollution (Fixed Payment Notice) Regulations 2015 (S.I. No. 633 of 2015), in effect as per reg. 2; revoked (31.10.2022) by Air Pollution Act 1987 (Solid Fuels) Regulations 2022 (S.I. No. 529 of 2022), reg. 14(c), in effect as per reg. 1(2).

E67

Previous affecting provision: power pursuant to section exercised (23.12.2011) by Air Pollution (Fixed Payment Notice) Regulations 2011 (S.I. No. 713 of 2011); revoked (22.12.2015) by Air Pollution (Fixed Payment Notice) Regulations 2015 (S.I. No. 633 of 2015), reg. 5, in effect as per reg. 2.

E68

The section heading is taken from the amending section in the absence of one included in the amendment.

F16[Fixed payment notice for certain offences relating to paints, varnishes and vehicle refinishing products or activities.

12B

12B. (1) Where an authorised person has reasonable grounds for believing that a person has committed a relevant offence, the authorised person may give to the person a notice (in this section referred to as a "fixed payment notice") in writing and in the prescribed form stating that

(a) the person is alleged to have committed that offence,

(b) the person may, during the period of 21 days beginning on the date of the notice, make to the local authority concerned at the address specified in the notice a payment of the amount specified in subsection (4) in respect of that offence, accompanied by the notice,

(c)  the person is not obliged to make the payment specified in the notice, and

(d)  a prosecution of the person to whom the notice is given in respect of the relevant offence concerned will not be instituted during the period of 21 days beginning on the date of the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of that offence will be instituted.

(2) Where a fixed payment notice is given—

(a) the person to whom it applies may, during the period of 21 days beginning on the date of the notice, make to the local authority concerned at the address specified in the notice the payment specified in the notice, accompanied by the notice,

(b) the local authority concerned shall receive the payment and shall, upon receipt of the payment, issue a receipt for it and any payment so received shall not be recoverable by the person who made it and the local authority shall retain the money for disposal in accordance with subsection (5), and

(c) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice, and if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence shall be instituted.

(3) In proceedings for a relevant offence it shall be a defence for the defendant to prove that he or she has made a payment in accordance with this section, pursuant to a fixed payment notice issued in respect of that offence.

(4) The amount to be specified in a fixed payment notice in respect of a relevant offence is—

(a) €1,000, where the relevant offence consists of a contravention of Regulation 9(1) or 9(2) of the Regulations of 2012, or

(b) €500, where the relevant offence consists of a contravention of Regulation 13(1) of the Regulations of 2012.

(5) Moneys received by a local authority pursuant to the giving of a fixed payment notice shall be lodged to the credit of the local fund maintained by the local authority concerned pursuant to, and in accordance with, section 97 of the Local Government Act 2001 and expended in accordance with that section.

(6)  In this section—

"authorised person" means a person standing appointed for the time being under Regulation 21 of the European Union (Paints, Varnishes, Vehicle Refinishing Products and Activities) Regulations 2012 ( S.I. No. 564 of 2012);

"relevant offence" means an offence under Regulation 25 of the European Union (Paints, Varnishes, Vehicle Refinishing Products and Activities) Regulations 2012 consisting of a contravention of regulation 9(1), 9(2) or 13(1) of those regulations.]

Annotations:

Amendments:

F16

Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 21, S.I. No. 358 of 2015.

Editorial Notes:

E69

Power pursuant to section exercised (28.06.2016) by Air Pollution Act (Fixed Payment Notice) (Paints) Regulations 2016 (S.I. No. 348 of 2016), in effect as per reg. 2.

E70

The section heading is taken from the amending section in the absence of one included in the amendment.

F17[Fixed payment notice for offence relating to organic solvents

12C

12C.(1) Where an authorised person has reasonable grounds for believing that a person has committed a relevant offence the authorised person may give to the person a notice (in this section referred to as a "fixed payment notice") in writing and in the prescribed form stating that

(a) the person is alleged to have committed that offence,

(b) the person may, during the period of 21 days beginning on the date of the notice, make to the local authority concerned at the address specified in the notice a payment of the amount specified in subsection (4) in respect of that offence, accompanied by the notice,

(c)  the person is not obliged to make the payment specified in the notice, and

(d) a prosecution of the person to whom the notice is given in respect of the relevant offence concerned will not be instituted during the period of 21 days beginning on the date of the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of that offence will be instituted.

(2) Where a fixed payment notice is given—

(a) the person to whom it applies may, during the period of 21 days beginning on the date of the notice, make to the local authority concerned at the address specified in the notice the payment specified in the notice, accompanied by the notice,

(b) the local authority concerned shall receive the payment and shall, upon receipt of the payment, issue a receipt for it and any payment so received shall not be recoverable by the person who made it and the local authority shall retain the money for disposal in accordance with subsection (5), and

(c)  a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice, and if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence shall be instituted.

(3) In proceedings for a relevant offence it shall be a defence for the defendant to prove that he or she has made a payment in accordance with this section, pursuant to a fixed payment notice issued in respect of that offence.

(4) The amount to be specified in a fixed payment notice in respect of a relevant offence is €500.

(5) Moneys received by a local authority pursuant to the giving of a fixed payment notice shall be lodged to the credit of the local fund maintained by the local authority concerned pursuant to, and in accordance with, section 97 of the Local Government Act 2001 and expended in accordance with that section.

(6) In this section—

"authorised person" means a person standing appointed for the time being under Regulation 22 of the European Union (Installations and Activities Using Organic Solvents) Regulations 2012 ( S.I. No. 565 of 2012);

"relevant offence" means an offence under Regulation 26 of the European Union (Installations and Activities Using Organic Solvents) Regulations 2012 consisting of a contravention of regulation 8(1) of those regulations.]

Annotations:

Amendments:

F17

Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 22, S.I. No. 358 of 2015.

Editorial Notes:

E71

Power pursuant to section exercised (28.06.2016) by Air Pollution Act (Fixed Payment Notice) (Solvents) Regulations 2016 (S.I. No. 347 of 2016), in effect as per reg. 2.

E72

The section heading is taken from the amending section in the absence of one included in the amendment.

Prosecution of offences.

13

13. (1) (a) An offence under this Act may be prosecuted summarily by the local authority in whose functional area the offence is committed or, in the case of an offence arising from an order made, or a notice served, by a local authority, by the local authority concerned.

(b) Where a local authority are of opinion that an emission from any premises may cause air pollution affecting any part of their functional area, the local authority may, notwithstanding that the emission is from a premises which is situate outside the functional area of the local authority concerned, initiate summary proceedings for an offence under this Act in relation to the emission concerned.

(2) The Minister may, by regulations under this section, prescribe that such offence as may be specified in the regulations may be prosecuted summarily by such person (including the Minister) as may be so specified in addition to, or in lieu of, the relevant local authority.

(3) Notwithstanding the provisions of section 10(4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence under this Act may be commenced—

(a) at any time within twelve months from the date on which the offence was committed, or

(b) at any time within three months from the date on which evidence sufficient, in the opinion of the person by whom the proceedings are initiated, to justify the proceedings comes to such person's knowledge,

whichever is the later: provided that no such proceedings shall be initiated later than five years from the date on which the offence concerned was committed.

(4) For the purposes of this section, a certificate signed by or on behalf of the person initiating the proceedings as to the date on which evidence relating to the offence came to his knowledge shall be prima facie evidence thereof and in any legal proceedings a document purporting to be a certificate issued for the purposes of this subsection and to be so signed shall be deemed to be so signed and shall be admitted as evidence without proof of the signature of the person purporting to sign the certificate, unless the contrary is shown.

Annotations:

Modifications (not altering text):

C13

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—

Section 13 (1) (b)

"(b) Where a local authority are of opinion that an emission from any premises, other than an activity in respect of which a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992, is in force, may cause air pollution affecting any part of their functional area, the local authority may, notwithstanding that the emission is from a premises which is outside the functional area of the local authority concerned, initiate summary proceedings for an offence under this Act in relation to the emission concerned,".

...

C14

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—

Section 13 (1) (b)

"( b ) Where a local authority are of opinion that an emission from any premises, other than an activity in respect of which a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992, is in force, may cause air pollution affecting any part of their functional area, the local authority may, notwithstanding that the emission is from a premises which is outside the functional area of the local authority concerned, initiate summary proceedings for an offence under this Act in relation to the emission concerned.".

...

Editorial Notes:

E73

Previous affecting provision: power pursuant to section exercised (1.05.2008) by Sulphur Content of Heavy Fuel Oil, Gas Oil, and Marine Fuels Regulations 2008 (S.I. No. 119 of 2008), in effect as per reg. 2; revoked (16.06.2014) by  European Union (Sulphur Content of Heavy Fuel Oil and Gas Oil) Regulations 2014 (S.I. No. 273 of 2014), reg. 12(a).

E74

Previous affecting provision: power pursuant to section exercised (3.05.2007) by 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); revoked (1.01.2013) by  European Union (Paints, Varnishes, Vehicle Refinishing Products and Activities) Regulations 2012 (S.I. No. 564 of 2012), reg. 26(a), in effect as per reg. 2, subject to transitional provision in reg. 17(7).

E75

Previous affecting provision: power pursuant to section exercised (10.05.2004) by Air Pollution Act 1987 (Environmental Specifications for Petrol and Diesel Fuels) (Amendment) Regulations 2004 (S.I. No. 202 of 2004), in effect as per reg. 2; revoked (31.03.2011) by  European Communities Act, 1972 (Environmental Specifications for Petrol, Diesel Fuels and Gas Oils for use by non-road mobile machinery, including inland waterway vessels, agricultural and forestry tractors, and recreational craft) Regulations 2011 (S.I. No. 155 of 2011), reg. 19(c), in effect as per reg. 2.

E76

Previous affecting provision: power pursuant to section exercised (1.01.2004) by Air Pollution Act 1987 (Environmental Specifications for Petrol And Diesel Fuels) Regulations 2003 (S.I. No. 541 of 2003), in effect as per reg. 2; revoked (31.03.2011) by European Communities Act, 1972 (Environmental Specifications for Petrol, Diesel Fuels and Gas Oils for use by non-road mobile machinery, including inland waterway vessels, agricultural and forestry tractors, and recreational craft) Regulations 2011 (S.I. No. 155 of 2011), reg. 19(b), in effect as per reg. 2.

E77

Previous affecting provision: power pursuant to section exercised (30.01.2001) by Air Pollution Act, 1987 (Sulphur Content of Heavy Fuel Oil and Gas Oil) Regulations 2001 (S.I. No. 13 of 2001), in effect as per reg. 2; revoked (1.05.2008) by  Sulphur Content of Heavy Fuel Oil, Gas Oil, and Marine Fuels Regulations 2008 (S.I. No. 119 of 2008), reg. 16(1), in effect as per reg. 2.

E78

Previous affecting provision: power pursuant to section exercised (30.12.1999) by Air Pollution Act, 1987 (Environmental Specifications for Petrol and Diesel Fuels) Regulations 1999 (S.I. No. 407 of 1999), in effect as per reg. 2; revoked (31.03.2011) by  European Communities Act, 1972 (Environmental Specifications for Petrol, Diesel Fuels and Gas Oils for use by non-road mobile machinery, including inland waterway vessels, agricultural and forestry tractors, and recreational craft) Regulations 2011 (S.I. No. 155 of 2011), reg. 19(a), in effect as per reg. 2.

E79

Previous affecting provision: power pursuant to section exercised (1.10.1994) by Air Pollution Act, 1987 (Sulphur Content of Gas Oil) Regulations 1994 (S.I. No. 256 of 1994), in effect as per reg. 2; revoked (30.01.2001) by Air Pollution Act, 1987 (Sulphur Content of Heavy Fuel Oil and Gas Oil) Regulations 2001 (S.I. No. 13 of 2001), reg. 10, in effect as per reg. 2.

E80

Previous affecting provision: power pursuant to section exercised (1.07.1989) by  Air Pollution Act 1987 (Sulphur Content of Gas Oil) Regulations 1989 (S.I. No. 168 of 1989), in effect as per reg. 1(2); revoked (1.10.1994) by Air Pollution Act, 1987 (Sulphur Content of Gas Oil) Regulations 1994 (S.I. No. 256 of 1994), reg. 6, in effect as per reg. 2.

Powers of authorised person.

14

14. (1) Subject to subsection (2), an authorised person shall, for any purpose connected with this Act, be entitled, at all reasonable times, to enter into any premises F18[or vehicle] and to bring F19[into the premises or vehicle] such other persons or equipment as he may consider necessary for the purpose.

F20[(1A) An authorised person may, for any purpose connected with this Act, require a person in control of a stationary vehicle to refrain from moving it.

(1B) An authorised person may, if accompanied by—

(a) a member of the Garda Síochána in uniform, or

(b) an officer of the Revenue Commissioners in uniform authorised by them to exercise powers conferred by the Customs Acts or the statutes which relate to the duties of excise,

require the person who for the time being is in control of a vehicle to bring it to a stop for any purpose connected with this Act.

(1C) Where the purpose referred to at subsection (1A) or (1B) comprises an inspection or search of the vehicle and the place at which the member or officer finds the vehicle is, in the reasonable opinion of the member or officer, unsuitable for such inspection or search, the member or officer may require such person forthwith to take the vehicle or cause it to be taken to a place which the member or officer considers suitable for such inspection or search and which is specified by that member or officer.]

(2) An authorised person shall not, other than with the consent of the occupier, enter into a private dwelling unless he has given to the occupier of the dwelling not less than 24 hours notice in writing of his intended entry.

(3) Every authorised person shall be furnished with a certificate of his appointment and when exercising any power conferred on him by or under this Act, the authorised person shall, if requested by any person affected, produce the certificate to that person.

(4) Whenever an authorised person enters into any premises F21[or vehicle] pursuant to this section, he may therein—

(a) make such plans and carry out such inspections F21[or searches],

(b) make such tests and take such samples,

(c) require from the owner or occupier of the premises or from any other person on the premises, F21[or from the owner of or person who for the time being is in control of the vehicle,] such information, or

(d) inspect such records or such documents,

as he, having regard to all the circumstances, considers necessary for the purposes of this Act.

(5) Any person who obstructs an authorised person in the exercise of his powers under this section or who fails to comply with a requisition of an authorised person or who wilfully withholds any information which the authorised person requires shall be guilty of an offence.

F22[(5A) Where an authorised person has reasonable grounds for apprehending any serious obstruction in the performance of his or her functions or otherwise considers it necessary, he or she may be accompanied by a member of the Garda Síochána when performing any functions conferred on him or her under this Act or any regulations made under it.]

(6) Where an authorised person in the exercise of his powers under this section is prevented from entering any premises F21[or vehicle], the authorised person or the person by whom he was appointed may apply to the District Court for a warrant F23[under subsection (6A)] authorising such entry.

F24[(6A) Without prejudice to the powers conferred on an authorised person by or under any other provision of this section, if a judge of the District Court is satisfied by information on oath of an authorised person that there are reasonable grounds for believing that there is, or such entry is likely to disclose, evidence of a contravention of this Act, or regulations made under it, the judge may issue a warrant authorising an authorised person, accompanied by such other authorised persons or by a member or members of the Garda Síochána as may be necessary, at any time or times, within one month from the date of issue of the warrant, on production of the warrant if requested, to enter F25[the premises or vehicle], if necessary by the use of reasonable force, and perform the functions conferred on an authorised person under this Act or any regulations made under it.]

(7) The Minister may make regulations for the purposes of this section.

(8) Without prejudice to the generality of subsection (7), regulations under this section may provide for all or any of the following matters:

(a) the taking of samples and the carrying out of tests, examinations and analysis of samples;

(b) the specification of the classes of persons to be responsible for taking such samples and for the carrying out of such tests, examinations and analysis;

(c) the specification of the certificate or other evidence to be given of the result of any such test, examination or analysis and the class or classes of person by whom such certificate or evidence is to be given;

(d) that any certificate or other evidence given or to be given in respect of any test, examination or analysis of any sample shall in relation to that sample be evidence, without further proof, of the result of the test, examination or analysis until the contrary is shown.

F26[(9) In this section "vehicle" means any conveyance in or by which any person or thing, or both, is or are, as the case may be, transported which is designed for use on land, in water or in the air, or in more than one of those ways, and includes—

(a) a part of a vehicle,

(b) an article designed as a vehicle but not capable of functioning as a vehicle,

(c) any container, trailer, tank or any other thing which is or may be used for the storage of goods in the course of carriage and is designed or constructed to be placed on, in, or attached to, any vehicle.]

Annotations:

Amendments:

F18

Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 23(a)(i), S.I. No. 358 of 2015.

F19

Substituted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 23(a)(ii), S.I. No. 358 of 2015.

F20

Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 23(b), S.I. No. 358 of 2015.

F21

Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 23(c)(i)-(iii), (d), S.I. No. 358 of 2015.

F22

Inserted (23.08.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 11(a), S.I. No. 433 of 2011.

F23

Inserted (23.08.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 11(b), S.I. No. 433 of 2011.

F24

Inserted (23.08.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 11(c), S.I. No. 433 of 2011.

F25

Substituted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 23(e), S.I. No. 358 of 2015.

F26

Substituted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 23(f), S.I. No. 358 of 2015.

Modifications (not altering text):

C15

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)

C16

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).

Editorial Notes:

E81

Power pursuant to subss. (7), (8) exercised (31.10.2022) by Air Pollution Act 1987 (Solid Fuels) Regulations 2022 (S.I. No. 529 of 2022), in effect as per reg. 1(2).

E82

Power pursuant to section exercised (1.10.1997) by  Air Pollution Act 1987 (Petroleum Vapour Emissions) Regulations 1997 (S.I. No. 375 of 1997), in effect as per reg. 2.

E83

Previous affecting provision: power pursuant to section exercised (1.09.2020) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) (Amendment) Regulations 2020 (S.I. No. 260 of 2020), in effect as per reg. 2; revoked (31.10.2022) by Air Pollution Act 1987 (Solid Fuels) Regulations 2022 (S.I. No. 529 of 2022), reg. 14(f), in effect as per reg. 1(2).

E84

Previous affecting provision: power pursuant to section exercised (8.03.2016) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) (Amendment) Regulations 2016 (S.I. No. 128 of 2016), in effect as per reg. 2; revoked (31.10.2022) by Air Pollution Act 1987 (Solid Fuels) Regulations 2022 (S.I. No. 529 of 2022), reg. 14(d), in effect as per reg. 1(2).

E85

Previous affecting provision: power pursuant to section exercised (21.01.2015, 1.06.2015) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) (Amendment) Regulations 2015 (S.I. No. 30 of 2015), in effect as per reg. 2(1), (2); revoked (31.10.2022) by Air Pollution Act 1987 (Solid Fuels) Regulations 2022 (S.I. No. 529 of 2022), reg. 14(b), in effect as per reg. 1(2).

E86

Previous affecting provision: power pursuant to section exercised (31.08.2012, 1.05.2013) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 (S.I. No. 326 of 2012), in effect as per regs. 2, 3; revoked (31.10.2022) by Air Pollution Act 1987 (Solid Fuels) Regulations 2022 (S.I. No. 529 of 2022), reg. 14(a), in effect as per reg. 1(2).

E87

Previous affecting provision: power pursuant to section exercised (23.12.2011) by Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) (Amendment) (No. 2) Regulations 2011 (S.I. No. 714 of 2011); revoked (31.08.2012) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 (S.I. No. 326 of 2012), reg. 13(f), in effect as per reg. 2.

E88

Previous affecting provision: power pursuant to section exercised (7.06.2011, 1.08.2011) by Air Pollution Act 1987 (Marketing, Sale and Distribution of Fuels) (Amendment) Regulations 2011 (S.I. No. 270 of 2011), in effect as per reg. 2(1), (2); revoked (31.08.2012) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 (S.I. No. 326 of 2012), reg. 13(e), in effect as per reg. 2.

E89

Previous affecting provision: power pursuant to section exercised (1.05.2008) by Sulphur Content of Heavy Fuel Oil, Gas Oil, and Marine Fuels Regulations 2008 (S.I. No. 119 of 2008), in effect as per reg. 2; revoked (16.06.2014) by European Union (Sulphur Content of Heavy Fuel Oil and Gas Oil) Regulations 2014 (S.I. No. 273 of 2014), reg. 12(a).

E90

Previous affecting provision: power pursuant to section exercised (3.05.2007) by 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); revoked (1.01.2013) by  European Union (Paints, Varnishes, Vehicle Refinishing Products and Activities) Regulations 2012 (S.I. No. 564 of 2012), reg. 26(a), in effect as per reg. 2, subject to transitional provision in reg. 17(7).

E91

Previous affecting provision: power pursuant to section exercised (15.11.2004) by Air Pollution Act 1987 (Marketing, Sale and Distribution of Fuels) (Amendment) Regulations 2004 (S.I. No. 713 of 2004), in effect as per reg. 2; revoked (31.08.2012) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 (S.I. No. 326 of 2012), reg. 13(d), in effect as per reg. 2.

E92

Previous affecting provision: power pursuant to section exercised (1.10.2003) by Air Pollution Act 1987 (Marketing, Sale and Distribution of Fuels) (Amendment) Regulations 2003 (S.I. No. 111 of 2003), in effect as per reg. 2; revoked (31.08.2012) by  Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 (S.I. No. 326 of 2012), reg. 13(c), in effect as per reg. 2.

E93

Previous affecting provision: power pursuant to section exercised (30.01.2001) by Air Pollution Act, 1987 (Sulphur Content of Heavy Fuel Oil and Gas Oil) Regulations 2001 (S.I. No. 13 of 2001), in effect as per reg. 2; revoked (1.05.2008) by Sulphur Content of Heavy Fuel Oil, Gas Oil, and Marine Fuels Regulations 2008 (S.I. No. 119 of 2008), reg. 16(1), in effect as per reg. 2.

E94

Previous affecting provision: power pursuant to section exercised (1.10.2000) by Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) (Amendment) Regulations 2000 (S.I. No. 278 of 2000), in effect as per reg. 2; revoked (31.08.2012) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 (S.I. No. 326 of 2012), reg. 13(b), in effect as per reg. 2.

E95

Previous affecting provision: power pursuant to section exercised (31.03.2000) by Air Pollution Act, 1987 (Environmental Specifications for Petrol and Diesel Fuels) Regulations 2000 (S.I. No. 72 of 2000), in effect as per reg. 2; revoked (1.01.2004) by Air Pollution Act 1987 (Environmental Specifications for Petrol And Diesel Fuels) Regulations 2003 (S.I. No. 541 of 2003), reg. 13(2)(b), in effect as per reg. 13(2).

E96

Previous affecting provision: power pursuant to section exercised (30.12.1999) by Air Pollution Act, 1987 (Environmental Specifications for Petrol and Diesel Fuels) Regulations 1999 (S.I. No. 407 of 1999), in effect as per reg. 2; revoked (31.03.2011) by European Communities Act, 1972 (Environmental Specifications for Petrol, Diesel Fuels and Gas Oils for use by non-road mobile machinery, including inland waterway vessels, agricultural and forestry tractors, and recreational craft) Regulations 2011 (S.I. No. 155 of 2011), reg. 19(a), in effect as per reg. 2.

E97

Previous affecting provision: power pursuant to section exercised (1.10.1998) by Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) Regulations 1998 (S.I. No. 118 of 1998), in effect as per reg. 1(2); revoked (31.08.2012) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 (S.I. No. 326 of 2012), reg. 13(a), in effect as per reg. 2.

E98

Previous affecting provision: power pursuant to section exercised (13.03.1995) by Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) (Cork) Regulations 1994 (S.I. No. 403 of 1994), in effect as per reg. 1(2); revoked (1.10.1998) by Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) Regulations 1998 (S.I. No. 118 of 1998), reg. 10, in effect as per reg. 1(2).

E99

Previous affecting provision: power pursuant to section exercised (1.10.1994) by Air Pollution Act, 1987 (Sulphur Content of Gas Oil) Regulations 1994 (S.I. No. 256 of 1994), in effect as per reg. 2; revoked (30.01.2001) by Air Pollution Act, 1987 (Sulphur Content of Heavy Fuel Oil and Gas Oil) Regulations 2001 (S.I. No. 13 of 2001), reg. 10, in effect as per reg. 2.

E100

Previous affecting provision: power pursuant to section exercised (19.10.1993) by Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) (Amendment) Regulations 1993 (S.I. No. 297 of 1993); revoked (1.10.1998) by Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) Regulations 1998 (S.I. No. 118 of 1998), reg. 10, in effect as per reg. 1(2).

E101

Previous affecting provision: power pursuant to section exercised (18.10.1993) by Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) (Cork) Regulations 1993 (S.I. No. 294 of 1993), in effect as per reg. 1(2); revoked (13.02.1995) by Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) (Cork) Regulations 1994 (S.I. No. 403 of 1994), reg. 9, in effect as per reg. 1(2).

E102

Previous affecting provision: power pursuant to section exercised (1.09.1990) by Air Pollution Act 1987 (Marketing, Sale and Distribution of Fuels) Regulations 1990 (S.I. No. 123 of 1990), in effect as per reg. 1(2); revoked (1.10.1998) by Air Pollution Act 1987 (Marketing, Sale and Distribution of Fuels) Regulations 1998 (S.I. No. 118 of 1998), reg. 10, in effect as per reg. 1(2).

E103

Previous affecting provision: power pursuant to section exercised (1.07.1989) by  Air Pollution Act 1987 (Sulphur Content of Gas Oil) Regulations 1989 (S.I. No. 168 of 1989), in effect as per reg. 1(2); revoked (1.10.1994) by Air Pollution Act, 1987 (Sulphur Content of Gas Oil) Regulations 1994 (S.I. No. 256 of 1994), reg. 6, in effect as per reg. 2.

Service of notices.

15

15. (1) Any notice required to be served or given by or under this Act shall be addressed to the person concerned and served or given in one of the following ways—

(a) by addressing it to him by name and delivering it to him,

(b) by leaving it at the address at which he ordinarily resides,

(c) by sending it by post in a prepaid registered letter addressed to him at the address at which he ordinarily resides,

(d) if an address for the service of notices has been furnished by him, by leaving it at, or sending it by prepaid registered post addressed to him to, that address,

(e) where the address at which he ordinarily resides cannot be ascertained by reasonable inquiry and notice is required to be served on, or given to, him in respect of any premises, by delivering it to a person over the age of 16 years of age resident in, or employed on, the premises or by affixing it in a conspicuous position on or near the premises.

(2) Where the name of the occupier of a premises cannot be ascertained by reasonable inquiry, a notice under this Act may be addressed to “ the occupier ”.

(3) For the purposes of this section, a company registered under the Companies Acts, 1963 to 1986, shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.

Annotations:

Modifications (not altering text):

C17

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)

C18

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).

Obligation to give information.

16

16. (1) A local authority may, for any purpose relating to their functions under this Act, by notice in writing, require—

(a) the occupier of any premises within their functional area, within such period (being not less than fourteen days after the date of the service of the notice) as may be specified in the notice, to furnish in writing to the authority such particulars as to—

(i) any activity or process being carried out on the premises,

(ii) any fireplaces in the premises, and

(iii) the fuels or other materials being burned on the premises,

as may be so specified,

(b) the occupier of any premises (other than a private dwelling) within their functional area, within such period as may be specified in the notice, to furnish in writing whether by periodic returns or otherwise, such information concerning any emission from the premises as may be so specified, and

(c) any person engaged in the production, treatment, importation, placing on the market, distribution or sale of any fuel to furnish in writing to the authority such particulars as to the type and quantity of fuel produced, treated, imported, placed on the market, distributed or sold by such person, as the case may be, within the functional area of the authority concerned as may be specified in the notice.

(2) A notice under this section, whether or not requiring periodic returns, shall not require the provision of information—

(a) at intervals of less than three months, or

(b) in respect of a period in excess of twelve months.

(3) Any person who has been served with a notice under this section and who furnishes any information in reply to the notice which he knows to be false or misleading in a material particular shall be guilty of an offence.

(4) Information furnished to a local authority pursuant to a notice under this section shall not be given by the local authority to any person other than a person prescribed.

Annotations:

Modifications (not altering text):

C19

Person holding record under section excluded from requirement to refuse an FOI request (14.10.2014) by Freedom of Information Act 2014 (30/2014), s. 41(1)(a) and sch. 3 part 1, commenced on enactment.

Enactments relating to non-disclosure of records.

41.—(1) A head shall refuse to grant an FOI request if—

(a) the disclosure of the record concerned is prohibited by law of the European Union or any enactment (other than a provision specified in column (3) of Part 1 or 2 of Schedule 3 of an enactment specified in that Schedule), or

...

SCHEDULE 3

Enactments Excluded from Application of Section 41

PART I

Statutes

...

No. 6 of 1987

Air Pollution Act 1987

Section 16(4).

...

...

...

C20

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)

C21

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).

The register.

17

17. (1) Every local authority shall as soon as may be after the commencement of this Act establish and maintain a register (in this Act referred to as “ the register ”) for the purposes of this Act and shall make therein all such entries and additions as may, from time to time, be prescribed.

(2) The register shall be kept at the offices of the local authority and shall be made available for inspection by any person during office hours.

(3) When a request is made to a local authority for a copy of an entry in the register, the copy shall be issued to the applicant on the payment by him to the local authority of such fee (if any) as they shall fix not exceeding the reasonable cost of making the copy.

(4) Every document purporting to be a copy of an entry in the register and purporting to be certified by an officer of a local authority to be a true copy of the entry shall, without proof of the signature of the person purporting so to certify or that he was such officer, be received in evidence in any legal proceedings and shall, until the contrary is proved, be deemed to be a true copy of the entry and to be evidence of the terms of the entry.

(5) Evidence of an entry in the register may be given by production of a copy thereof certified pursuant to this section and it shall not be necessary to produce the register itself.

Research into air pollution.

18

18. (1) A local authority may organise and conduct research, surveys or investigations into the nature and extent, the cause and effect, and the prevention or limitation, of air pollution and may establish and maintain educational programmes relating to such matters and may publish, or cause to be published, any information derived from any such research, surveys, investigations or educational programmes.

(2) A local authority may support or assist, by means of a financial contribution or otherwise, any person, or body of persons, engaged, or proposing to engage, in any research, survey or investigation into the nature and extent, the cause and effect, and the prevention or limitation, of air pollution or in any educational programme relating to such matters.

(3) The making of a financial contribution pursuant to subsection (2) shall be a reserved function.

(4) The Minister, with the consent of the Minister for Finance, may make a financial contribution to any person, or body of persons, engaged, or proposing to engage, in research, surveys or investigations into the nature and extent, the cause and effect, and the prevention or limitation, of air pollution or in any educational programme relating to such matters.

Annotations:

Modifications (not altering text):

C22

Functions to be performed by municipal district members or the local authority prescribed by Local Government Act 2001 (37/2001), ss. 131A(1), (4) and sch. 14A, as inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), ss. 21(3), (4) and sch. 3, S.I. No. 214 of 2014.

Performance of reserved functions in respect of municipal district members

131A. (1) Subject to subsection (4), in respect of the elected council of a local authority that is the council of a county (other than the council of a county to which section 22A(4) relates) or of a city and county, a reserved function which is specified in—

(a) paragraphs 1 and 3 (other than in respect of a joint body) of Schedule 14 and Part 1 of Schedule 14A shall be performed in respect of each municipal district within the administrative area of the local authority by the municipal district members concerned, and

(b) paragraphs 5, 6 or 7 of Schedule 14 and Part 2 of Schedule 14A, may be performed in respect of a municipal district within the administrative area of the local authority by—

(i) the municipal district members, or

(ii) the local authority.

...

(4) Municipal district members may by resolution decide, subject to the approval by resolution of the local authority and the approval of the Minister, that a particular function to which subsection (1) relates should be performed only by the local authority.

...

SCHEDULE 14A

Sections 131 and 131A

PART 3

Reserved Functions to be Performed by the Local Authority

Reference No.

(1)

Description of reserved function

(2)

Provision under which reserved function is conferred

(3)

...

...

...

83

The making of a financial contribution by a local authority to support or assist any person, or body of persons, engaged, or proposing to engage, in any research, survey or investigation into the nature and extent, the cause and effect, and the prevention or limitation, of air pollution or in any educational programme relating to such matters.

Section 18 of the Air Pollution Act 1987.

...

...

...

C23

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under 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 Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument 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 Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 6 of 1987

Air Pollution Act 1987

Sections 18(4) and 45(1) and (3)

...

...

...

Expenses.

19

19.The expenses incurred by the Minister in the administration of this Act shall be paid out of moneys provided by the Oireachtas to such extent as may be sanctioned by the Minister for Finance.

Consultation by local authorities.

20

20.The Minister may make regulations requiring a local authority to consult with such bodies or persons as may be specified in relation to the performance of such of their functions under this Act as may be prescribed.

Annotations:

Editorial Notes:

E104

Power pursuant to section exercised (28.12.2016) by 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), in effect as per reg. 2.

E105

Power pursuant to section exercised (23.02.2009) by Arsenic, Cadmium, Mercury, Nickel and Polycyclic Aromatic Hydrocarbons in Ambient Air Regulations 2009 (S.I. No. 58 of 2009), in effect as per reg. 2.

E106

Previous affecting provision: power pursuant to section exercised (16.02.2004) by Ozone in Ambient Air Regulations 2004 (S.I. No. 53 of 2004), in effect as per reg. 2; revoked (12.04.2011) by Air Quality Standards Regulations 2011 (S.I. No. 180 of 2011), reg. 27(3), in effect as per reg. 2.

E107

Previous affecting provision: power pursuant to section exercised (17.06.2002) by Air Quality Standards Regulations 2002 (S.I. No. 271 of 2002), in effect as per reg. 2; revoked (12.04.2011) by Air Quality Standards Regulations 2011 (S.I. No. 180 of 2011), reg. 27(2), in effect as per reg. 2.

Transfer of functions.

21

21. (1) The Minister may, by regulations, provide that any function conferred on a local authority under this Act shall, in addition to or in lieu of, being performed by a local authority, be performed by such other person (including the Minister or another local authority) or body of persons as may be specified.

(2) In particular and without prejudice to the generality of subsection (1), regulations under this section may provide for the performance of any function conferred on a local authority by this Act by a body established under the Local Government Services (Corporate Bodies) Act, 1971, for that purpose.

(3) Whenever regulations under this section are in force, a reference in this Act to a local authority shall be construed as including a reference to the person or body specified in the regulations and the function to which the regulations relate shall be a function of that person or body.

(4) Regulations under this section may contain such incidental, supplementary, consequential and transitional provisions (including provisions modifying any provision of this Act) as appear to the Minister to be necessary for the purpose of, in consequence of, or to give full effect to the regulations.

Annotations:

Editorial Notes:

E108

Power pursuant to section exercised (28.12.2016) by 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), in effect as per reg. 2.

E109

Power pursuant to section exercised (23.02.2009) by Arsenic, Cadmium, Mercury, Nickel and Polycyclic Aromatic Hydrocarbons in Ambient Air Regulations 2009 (S.I. No. 58 of 2009), in effect as per reg. 2.

E110

Previous affecting provision: power pursuant to section exercised (16.02.2004) by Ozone in Ambient Air Regulations 2004 (S.I. No. 53 of 2004), in effect as per reg. 2; revoked (12.04.2011) by Air Quality Standards Regulations 2011 (S.I. No. 180 of 2011), reg. 27(3), in effect as per reg. 2.

E111

Previous affecting provision: power pursuant to section exercised (17.06.2002) by Air Quality Standards Regulations 2002 (S.I. No. 271 of 2002), in effect as per reg. 2; revoked (12.04.2011) by Air Quality Standards Regulations 2011 (S.I. No. 180 of 2011), reg. 27(2), in effect as per reg. 2.

Power to make charges in relation to emissions.

22

22. (1) A local authority may, in accordance with regulations made by the Minister under this section, make charges in relation to such emissions as may be specified in the regulations.

(2) Without prejudice to the generality of subsection (1), regulations under this section may make provision for all or any of the following matters:

(a) specify the emissions in relation to which a charge under this section may be imposed;

(b) specify the manner in which such a charge is to be imposed;

(c) specify the method in which the amount of such charge is to be calculated;

(d) enable a local authority to make different charges under this section in respect of different emissions and in different circumstances;

(e) specify the manner in which representations may be made to a local authority regarding the imposition of a charge under this section and provide for the procedure to be followed in respect of such representations;

(f) provide for the amendment, revocation or review of charges imposed under this section.

(3) A local authority may recover the amount of any charges made by them under this section from the person by whom they are payable as a simple contract debt in any court of competent jurisdiction.

Annotations:

Editorial Notes:

E112

Power pursuant to section exercised (1.10.1997) by Air Pollution Act 1987 (Petroleum Vapour Emissions) Regulations 1997 (S.I. No. 375 of 1997), in effect as per reg. 2.

E113

Previous affecting provision: power pursuant to section exercised (19.04.2010, 1.12.2010 and 1.06.2015) by Emissions of Volatile Organic Compounds from Organic Solvents (Amendment) Regulations 2010 (S.I. No. 165 of 2010), in effect as per reg. 2; revoked (1.01.2013) by  European Union (Installations and Activities Using Organic Solvents) Regulations 2012 (S.I. No. 565 of 2012), reg. 29(b), in effect as per reg. 2.

E114

Previous affecting provision: power pursuant to section exercised (30.11.2002) by Emissions of Volatile Organic Compounds from Organic Solvents Regulations 2002 (S.I. No. 543 of 2002), in effect as per reg. 2; revoked with saver (1.01.2013) by  European Union (Installations and Activities Using Organic Solvents) Regulations 2012 (S.I. No. 565 of 2012), reg. 29(a), in effect as per reg. 2.

F27[PART IA

Fuels Register

Registration on fuels register.

22A

22A. (1) The Agency shall

(a) cause to be established a register (in this section referred to as the "fuels register") of persons who produce, treat, import, place on the market, distribute, store or sell fuel of any type or description, or who carry on any combination of those activities (in this section referred to as a "fuel activity"),

(b) enter in the fuels register the name of every person specified under section 53(1)(ca) (in this Part referred to as a "specified person") granted registration by the Agency, the address at which or the area within which the fuel activity is carried on and any other information that it considers appropriate,

(c) maintain the fuels register, and

(d) if necessary divide the fuels register into divisions for different classes of person.

(2) A specified person shall apply to the Agency to be entered on the fuels register and the application shall

(a) be made in writing or by electronic means,

(b) specify the name of the specified person and the address at which he or she ordinarily resides, and for the purposes of this paragraph, a company within the meaning of the Companies Acts shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body of persons shall be deemed to be ordinarily resident at its principal office or place of business,

(c) specify the fuel activity to which the application relates,

(d) specify the address at which or the area within which that fuel activity is carried on,

(e) be accompanied by such other information as may be provided for under section 53, and

(f) be accompanied by the fee provided for in regulations under section 53.

(3) Where the Agency receives an application for registration under this section it shall, subject to subsections (4) and (5), register the specified person on the fuels register, issue a registration number to that person and accordingly shall enter the following in that register:

(a)  the name of the person,

(b)  the registration number issued to that person,

(c)  the fuel activity to which the registration relates,

(d)  the address at which or the area within which that fuel activity is carried on, and

(e)  any conditions specified under section 53 attaching to the registration.

(4) The Agency shall not register a specified person on the fuels register if—

(a)  the application does not comply with subsection (2),

(b)  the person does not possess a current tax clearance certificate issued under section 1095 of the Taxes Consolidation Act 1997, or

(c)  the person fails to satisfy conditions for entry on the register.

(5) The Agency may refuse to register a specified person on the fuels register if by reason of—

(a) the commission by the person of an offence under this Act, or

(b) the contravention by the person of a provision of this Act or regulations made under this Act,

the Agency considers that such refusal is necessary to ensure the prevention or limiting of air pollution.

(6) The Agency shall not make a decision to—

(a) refuse to register a specified person, or

(b) register the specified person subject to conditions,

until it has considered any representations made by the specified person under subsection (7).

(7) Where the Agency proposes to—

(a) refuse to register a specified person, or

(b) register the specified person subject to conditions,

it shall notify the specified person 14 days before making its decision and the specified person on whom a notice is served may, not later than 14 days after receiving the notice make representations in writing to the Agency in relation to the proposal.]

Annotations:

Amendments:

F27

Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 24(1), S.I. No. 358 of 2015, subject to transitional provision in subs. (2).

F28[Tax clearance certificate

22B

22B. (1) A person registered on the fuels register and not in possession of a current tax clearance certificate issued under section 1095 of the Taxes Consolidation Act 1997 shall, as soon as practicable, so notify the Agency in writing.

(2) If, within 28 days of a person notifying the Agency under subsection (1), the Agency is not satisfied that the person possesses a current tax clearance certificate issued under section 1095 of the Taxes Consolidation Act 1997, the Agency shall remove that person from the fuels register.

(3) Where, in accordance with this section a person is removed from the fuels register—

(a)  the Agency shall enter a statement in the fuels register that the person has been so removed and a statement of the reasons for that removal, and

(b)  the person concerned shall immediately surrender their registration number to the Agency.

(4) A person who contravenes subsection (1) or (3)(b) shall be guilty of an offence.]

Annotations:

Amendments:

F28

Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 24(1), S.I. No. 358 of 2015, subject to transitional provision in subs. (2).

F29[Appeals relating to fuels register

22C

22C. (1) The Agency, with the consent of the Minister, may appoint a person who in the opinion of the Agency has the relevant knowledge and experience in relation to fuel activities and air pollution, and procedures relating to registration and inspections, to be an appeals officer for the purposes of this section (in this section referred to as an "appeals officer"), who shall be independent in the performance of his or her functions under this section.

(2) Where the Agency, having considered any representations under section 22A(7) decides to—

(a) refuse to register a specified person, or

(b) register the specified person subject to conditions,

the Agency shall notify the specified person in writing of the decision and the reasons therefor and shall inform the person that he or she may appeal the decision to an appeals officer not later than 14 days from the date on which the notice issued to the specified person.

(3)(a) Where the specified person appeals the decision of the Agency, notified under subsection (2), he or she shall do so in writing within 14 days from the date on which the notice issued to the specified person, and the appeals officer shall consider all information furnished with the original application, representations under section 22A(7), and any additional information that the appeals officer considers necessary.

(b) Following consideration under paragraph (a), the appeals officer shall decide to either—

(i) annul the decision of the Agency referred to in subsection (2)(a) and direct the Agency to register the specified person and enter the information referred to at paragraphs (a) to (d) of section 22A(3) on the register,

(ii) annul or amend the decision of the Agency referred to in subsection (2)(b) and direct the Agency to register the prescribed person without any conditions, or subject to conditions other than those imposed by the Agency, and enter the information referred to at paragraphs (a) to (d) of section 22A(3) on the register, or

(iii) confirm the decision of the Agency referred to in paragraph (a) or (b), as the case may be, of subsection (2).

(c) The appeals officer, as soon as may be after he or she makes a decision under paragraph (b), shall notify the specified person in writing of the decision and the reason therefor.

(4)(a) A person affected by a decision of an appeals officer under subsection (3) may, not later than 28 days after he or she receives a copy of the decision, appeal to the Circuit Court against the decision.

(b) The jurisdiction conferred on the Circuit Court by this subsection shall be exercised by the judge for the time being assigned to the circuit where the appellant ordinarily resides, and for the purposes of this paragraph a company within the meaning of the Companies Acts shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body of persons shall be deemed to be ordinarily resident at its principal office or place of business.

(c) The appeal shall be determined by the Circuit Court—

(i) confirming the decision of the appeals officer under subsection (3) to which the appeal relates, or

(ii) substituting its determination for that decision.

(d) A decision of the Circuit Court under this section shall be final, save that, by leave of that Court, an appeal shall lie to the High Court on a point of law.]

Annotations:

Amendments:

F29

Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 24(1), S.I. No. 358 of 2015, subject to transitional provision in subs. (2).

F30[Removal from fuels register

22D

22D. (1) If, upon an application by the Agency under this section, the District Court considers that the removal of a person from the fuels register is necessary by reason of the commission by the person of an offence under this Act or, the contravention by the person of a provision of this Act or regulations made under this Act such that the Agency considers that such refusal is necessary to ensure the prevention or limiting of air pollution, the court shall make an order directing the Agency to remove the person from the fuels register.

(2) If, in an application by the Agency under this section, the District Court is satisfied that the person has committed an offence under this Act or contravened a condition attached to registration on the fuels register, or a condition specified in an order under this section and is of the opinion that the prevention or limiting of air pollution can be secured by means other than the making of an order under subsection (1) it may, for the purposes of such prevention or limiting, make an order requiring the person to comply with such conditions as it considers appropriate.

(3) Where the Agency proposes to apply to the District Court under this section, the Agency shall notify the person registered on the fuel register concerned in writing thereof.

(4) Where in accordance with this section a person is removed from the fuels register—

(a) the Agency shall enter a statement in the fuels register that the person has been so removed and a statement of the reasons for that removal, and

(b) the person concerned shall immediately surrender the registration number issued to him or her under section 22E by the Agency.

(5) An application for an order under this section shall be made to a judge of the District Court sitting in the District Court district in which the specified person concerned ordinarily resides, and for the purposes of this paragraph a company within the meaning of the Companies Acts shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body of person shall be deemed to be ordinarily resident at its principal office or place of business.

(6)  The Agency shall comply with a direction in an order under this section.

(7)  A person who contravenes subsection (4)(b) or a condition specified in an order under this section shall be guilty of an offence.]

Annotations:

Amendments:

F30

Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 24(1), S.I. No. 358 of 2015, subject to transitional provision in subs. (2).

F31[Further matters relating to fuels register.

22E

22E. (1) As soon as practicable following the registration of a specified person on the fuels register, the Agency shall issue to that person a document containing a registration number relating to the registration and the information entered in the fuels register.

(2) The specified person shall comply with any conditions provided for under section 53 relating to display or maintenance of a record of the registration number issued under this section.

(3) If a particular entered in the fuels register by the Agency is incorrect, the specified person to whom the particular relates shall, as soon as may be after becoming aware of its being incorrect, inform the Agency thereof accordingly.

(4) The Agency shall, upon becoming aware that any particular entered in the fuels register is incorrect or has ceased to be correct, make such alterations to that register as it considers necessary.]

Annotations:

Amendments:

F31

Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 24(1), S.I. No. 358 of 2015, subject to transitional provision in subs. (2).

F32[Authorised person for purpose of fuels register.

22F

22F. (1) An authorised person shall have and may exercise all the powers conferred on an authorised person under section 13 of the Environmental Protection Agency Act 1992 for any purpose connected with the functions conferred on the Agency under sections 22A to 22E.

(2) A person who—

(a) refuses to allow an authorised person to enter any premises or to take any person or equipment with him in the exercise of his powers under this section,

(b) obstructs or impedes an authorised person in the exercise of any of the powers conferred on him or her by this section,

(c) gives, either to an authorised person or to the Agency, information which is false or misleading in a material respect, or

(d) fails or refuses to comply with any requirement of this section,

shall be guilty of an offence.

(3) Where an authorised person in the exercise of his or her powers under this section is prevented from entering any premises, or where he or she has reason to believe that evidence related to a suspected offence under this Act may be removed or destroyed, the authorised person or the person by whom he or she was appointed may apply to the District Court for a warrant authorising such entry.

(4) The Minister may make regulations for the purposes of this section.

(5) Without prejudice to the generality of subsection (4), regulations under this section may provide for all or any of the following matters:

(a)  the taking of samples and the carrying out of tests, examinations and analyses;

(b)  the specification of the classes of persons to be responsible for taking such samples and for the carrying out of such tests, examinations and analyses;

(c) the specification of the certificate or other evidence to be given of the result of any such test, examination or analysis and the class or classes of person by whom such certificate or evidence is to be given.

(6) Any certificate or other evidence given or to be given in respect of any prescribed test, examination or analysis of any sample shall in relation to that sample be evidence, without further proof, of the result of the test, examination or analysis unless the contrary is shown.

(7) In this section "authorised person" means an authorised person within the meaning of the Environmental Protection Agency Act 1992 standing appointed under that Act for the time being.]

Annotations:

Amendments:

F32

Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 24(1), S.I. No. 358 of 2015, subject to transitional provision in subs. (2).

Editorial Notes:

E115

Power pursuant to subss. (4), (5) exercised (31.10.2022) by Air Pollution Act 1987 (Solid Fuels) Regulations 2022 (S.I. No. 529 of 2022), in effect as per reg. 1(2).

E116

Previous affecting provision: power pursuant to section exercised (17.11.2016) by 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), in effect as per reg. 2; revoked (31.10.2022) by Air Pollution Act 1987 (Solid Fuels) Regulations 2022 (S.I. No. 529 of 2022), reg. 14(e), in effect as per reg. 1(2).

E117

Previous affecting provision: power pursuant to section exercised (8.03.2016) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) (Amendment) Regulations 2016 (S.I. No. 128 of 2016), in effect as per reg. 2; revoked (31.10.2022) by Air Pollution Act 1987 (Solid Fuels) Regulations 2022 (S.I. No. 529 of 2022), reg. 14(d), in effect as per reg. 1(2).

PART II

General Provisions relating to Air Pollution

Prohibition on certain emissions.

23

23.For the purpose of preventing or limiting air pollution, the Minister may, by regulations, prohibit either absolutely, or subject to such exceptions as may be specified in the regulations—

(a) such emissions as may be specified,

(b) the production, treatment, use, import, placing on the market, distribution or sale of any substance (other than a fuel) which may cause air pollution.

Annotations:

Editorial Notes:

E118

Previous affecting provision: power pursuant to section exercised (19.04.2010, 1.12.2010 and 1.06.2015) by Emissions of Volatile Organic Compounds from Organic Solvents (Amendment) Regulations 2010 (S.I. No. 165 of 2010), in effect as per reg. 2; revoked (1.01.2013) by  European Union (Installations and Activities Using Organic Solvents) Regulations 2012 (S.I. No. 565 of 2012), reg. 29(b), in effect as per reg. 2.

E119

Previous affecting provision: power pursuant to section exercised (3.05.2007) by 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); revoked (1.01.2013) by  European Union (Paints, Varnishes, Vehicle Refinishing Products and Activities) Regulations 2012 (S.I. No. 564 of 2012), reg. 26(a), in effect as per reg. 2, subject to transitional provision in reg. 17(7).

E120

Previous affecting provision: power pursuant to section exercised (30.11.2002) by Emissions of Volatile Organic Compounds from Organic Solvents Regulations 2002 (S.I. No. 543 of 2002), in effect as per reg. 2; revoked with saver (1.01.2013) by  European Union (Installations and Activities Using Organic Solvents) Regulations 2012 (S.I. No. 565 of 2012), reg. 29(a), in effect as per reg. 2.

Obligation to prevent air pollution.

24

24. (1) The occupier of any premises, other than a private dwelling, shall use the best practicable means to limit and, if possible, to prevent an emission from such premises.

(2) The occupier of any premises shall not cause or permit an emission from such premises in such a quantity, or in such a manner, as to be a nuisance.

(3) In any prosecution for a contravention of this section, it shall be a good defence to establish that—

(a) the best practicable means have been used to prevent or limit the emission concerned, or

(b) the emission concerned was in accordance with a licence under this Act, or

(c) the emission concerned was in accordance with an emission limit value, or

(d) the emission concerned was in accordance with a special control area order in operation in relation to the area concerned, or

(e) in the case of an emission of smoke, the emission concerned was in accordance with regulations under section 25 , or

(f) the emission did not cause air pollution.

Annotations:

Modifications (not altering text):

C24

Person holding record under section excluded from requirement to refuse an FOI request (14.10.2014) by Freedom of Information Act 2014 (30/2014), s. 41(1)(a) and sch. 3 part 1, commenced on enactment.

Enactments relating to non-disclosure of records.

41.—(1) A head shall refuse to grant an FOI request if—

(a) the disclosure of the record concerned is prohibited by law of the European Union or any enactment (other than a provision specified in column (3) of Part 1 or 2 of Schedule 3 of an enactment specified in that Schedule), or

...

SCHEDULE 3

Enactments Excluded from Application of Section 41

PART I

Statutes

...

No. 6 of 1987

Air Pollution Act 1987

Section 16(4).

...

...

...

C25

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)

C26

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).

Prohibition on emission of smoke.

25

25. (1) For the purpose of preventing or limiting air pollution, the Minister may, by regulations, prohibit or restrict the emission into the atmosphere of smoke from any premises.

(2) Without prejudice to the generality of subsection (1), regulations under this section may—

(a) specify the premises to which the regulations apply,

(b) specify the kind of smoke to which the regulations apply,

(c) prohibit, either absolutely or subject to specified exceptions, the emission of smoke from specified premises at specified times or periods,

(d) exempt, subject to or without conditions, from any of the provisions of the regulations emissions of smoke from specified premises for specified periods,

(e) prohibit or restrict, subject to such exceptions as may be specified, the burning of straw, waste or any other substance at such premises or at such times as may be specified.

(3) In any prosecution for a contravention of this section or of regulations made under this section, it shall be a good defence to establish that—

(a) the best practicable means have been used to prevent or to limit the emission concerned, or

(b) the emission concerned was in accordance with a licence under this Act, or

(c) the emission concerned was in accordance with an emission limit value, or

(d) the emission concerned was in accordance with a special control area order in operation in relation to the area concerned.

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

26

26. (1) Where it appears to a local authority that it is necessary so to do in order to prevent or to limit air pollution, the local authority may serve a notice under this section on the occupier of any premises from which there is an emission.

(2) In considering whether a notice should be served under this section, a local authority shall have regard to—

(a) any air quality management plan in relation to the area in which the premises are situate,

(b) any special control area order in operation in relation to the area in which the premises are situate,

(c) any relevant emission limit value,

(d) any relevant air quality standard,

(e) the availability of the means necessary for compliance with the notice, and

(f) the expense which would be incurred in complying with the notice.

(3) A notice pursuant to this section shall—

(a) specify the measures which appear to the local authority serving the notice to be necessary in order to prevent or to limit air pollution,

(b) direct the person on whom the notice is served to take such measures as may be specified in the notice to prevent or to limit air pollution, and

(c) specify a period (being not less than fourteen days commencing on the date of the service of the notice) within which such measures are to be taken.

(4) A notice under this section—

(a) may be served whether or not there has been a prosecution for an offence under this Act in relation to the emission concerned;

(b) shall not prejudice the initiation of a prosecution under this Act for an offence relating to the emission concerned.

(5) A person on whom a notice under this section has been served may, within such period as may be specified in the notice, make such representations in writing as he thinks fit to the local authority concerning the terms of the notice, and the local authority, having considered any such representations, may amend or revoke the notice.

(6) A person on whom a notice under this section has been served shall, within the period specified, comply with the requirements of the notice, or, as the case may be, the notice as amended.

(7) If a person on whom a notice under this section has been served does not, within the period specified in the notice or in the notice as amended, as the case may be, comply with the requirements of the notice, the local authority who served the notice may take such steps as they consider reasonable and necessary to secure compliance with the notice and may recover any expense thereby incurred from the person on whom the notice was served as a simple contract debt in any court of competent jurisdiction.

Annotations:

Modifications (not altering text):

C27

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—

Section 26 (4)

"(4) A notice under this section

( a ) may be served whether or not there has been a prosecution for an offence under Part IV of the Environmental Protection Agency Act, 1992 or this Act in the case of an emission from an activity in respect of which a licence or revised licence under that Part of that Act is in force or, in any other case, a prosecution for an offence under this Act in relation to the emission concerned:

( b ) shall not prejudice the initiation of a prosecution under Part IV of the Environmental Protection Agency Act, 1992 or this Act in the case of an activity in respect of which a licence or revised licence under that Part of that Act is in force or, in any other case, a prosecution under this Act relating to the emission concerned.".

C28

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—

Section 26 (4)

"(4) A notice under this section—

( a ) may be served whether or not there has been a prosecution for an offence under Part IV of the Environmental Protection Agency Act, 1992 or this Act in the case of an emission from an activity in respect of which a licence or revised licence under that Part of that Act is in force or, in any other case, a prosecution for an offence under this Act in relation to the emission concerned;

( b ) shall not prejudice the initiation of a prosecution under Part IV of the Environmental Protection Agency Act, 1992 or this Act in the case of an activity in respect of which a licence or revised licence under that Part of that Act is in force or, in any other case, a prosecution under this Act relating to the emission concerned.".

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

27

27. (1) Where it appears to a local authority that urgent measures are necessary to prevent or to limit air pollution affecting any part of their functional area or any adjoining area, the local authority may take such steps, carry out such operations or give such assistance as they consider necessary to prevent or to limit such pollution or to remedy the effects of any such pollution.

(2) Where a local authority take steps, carry out operations or give assistance under this section, the local authority may recover the costs of such steps, operations or assistance as a simple contract debt in a court of competent jurisdiction from such person as the local authority satisfy the court is the person whose act or omission necessitated such steps, operations or assistance.

Power of High Court in relation to air pollution.

28

28. (1) The High Court may, on the application of a local authority or any other person, by order, prohibit or restrict an emission from any premises where the Court is satisfied that—

(a) the continuance of the emission (not being an emission which is in compliance with a licence granted under this Act) would give rise to a serious risk of air pollution, or

(b) the emission is an emission from industrial plant in contravention of the terms of a licence under this Act, or

(c) the emission is an emission from industrial plant for which a licence under this Act is required and in relation to which no such licence has been granted.

(2) An order made by the High Court on an application under this section may contain such provisions as to the Court seem appropriate and may, in particular, include provisions—

(a) requiring specific measures to be taken to eliminate or reduce the risk of air pollution;

(b) requiring any person to do, or not to do, or cease from doing, as the case may be, anything which the Court considers necessary and specifies in the order to ensure that the emission concerned is terminated or restricted or, as the case may be, complies with any relevant licence under this Act;

(c) in relation to the payment of costs.

(3) An application for an order under this section shall be by motion and the High Court when considering the matter may make such interim or interlocutory order as it considers appropriate.

(4) An order of the High Court made pursuant to this section shall have effect notwithstanding the terms of any permission given under any other enactment in relation to the premises concerned.

Annotations:

Modifications (not altering text):

C29

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—

Section 28 (2) (b)

"(b) requiring any person to do, or not to do, or cease from doing, as the case may be, anything which the Court considers necessary and specifies in the order to ensure that the emission concerned is terminated or restricted or, as the case may be, complies with, 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 that licence or revised licence and, in any other case, any relevant licence under this Act;".

C30

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—

Section 28 (2) (b)

"(b) requiring any person to do, or not to do, or cease from doing, as the case may be, anything which the Court considers necessary and specified in the order to ensure that the emission concerned is terminated or restricted or, as the case may be, complies with, 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 that licence or revised licence and, in any other case, any relevant licence under this Act;".

Editorial Notes:

E121

Defence to proceedings under section provided by Environmental Protection Agency Act 1992 (7/1992), s. 84(3)(b)(iii); as substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.

E122

Defence to proceedings under section provided (1.07.1996) by Waste Management Act 1996 (10/1996), s. 40(12)(b)(iii), S.I. No. 192 of 1996.

E123

Previous affecting provision: defence to proceedings under section provided (23.04.1992) by Environmental Protection Agency Act 1992 (7/1992), s. 83(7)(b)(iii), commenced on enactment; section substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.

F33[Remedies for unauthorised emissions.

28A

28A. (1) (a) Where there is an emission from any premises, other than an emission under and in compliance with a licence granted under this Act or an emission in compliance with an emission limit value specified under section 51 of this Act or an emission which is in accordance with directions specifying best practicable means issued by the Minister under subsection (3) of section 5 of this Act, any person may make application to the appropriate court which may make an order requiring the occupier of the premises concerned to do one or more of the following, that is to say:

(i) to terminate the emission within such period as may be specified in the order, or

(ii) to mitigate or remedy any effects of the emission concerned in such manner and within such period as may be specified in the order, or

(iii) to pay to the applicant or such other person as may be specified in the order a specified amount to defray all or part of any costs incurred by the applicant or that other person in investigating, mitigating or remedying the effects of the emission concerned.

(b) In this subsection "appropriate court", in relation to an application under paragraph (a) means—

(i) in case the estimated cost of complying with the order to which the application relates does not exceed F34[€15,000], the District Court,

(ii) in case the estimated cost aforesaid does not exceed F35[€75,000], the Circuit Court, and

(iii) in any case, the High Court.

(c) (i) If, in relation to an application under this section to the District Court, that court becomes of opinion during the hearing of the application that the estimated cost aforesaid will exceed F34[€15,000], it may, if it so thinks fit, transfer the application to the Circuit Court or the High Court, whichever it considers appropriate having regard to the estimated cost aforesaid.

(ii) If, in relation to an application under this section to the Circuit Court, that court becomes of opinion during the hearing of the application that the estimated cost aforesaid will exceed F35[€75,000], it may, if it so thinks fit, by order transfer the application to the High Court.

(iii) This paragraph is without prejudice to the jurisdiction of a court (being either the District Court or the Circuit Court) to determine an application under this section in relation to which it was, at the time of the making of the application, the appropriate court.

(2) (a) An application for an order under this section shall be brought in a summary manner and the court when considering the matter may make such interim or interlocutory order as it considers appropriate..

(b) Where an application is transferred under paragraph (c) of subsection (1), the court to which it is transferred shall be deemed to have made any order made under this subsection by the court from which it is so transferred in the proceedings in relation to the application.

(3) (a) An order shall not be made by a court under this section unless the person named in the order has been given an opportunity of being heard by the court in the proceedings relating to the application for the order.

(b) The court concerned may make such order as to the costs of the parties to or persons heard by the court in proceedings relating to an application for an order under this section as it considers appropriate.

(4) (a) Where a person does not comply with an order under subsection (1), a local authority may, in respect of their functional area, take any steps specified in the order to mitigate or remedy the effects of the emission concerned.

(b) The amount of any expenditure incurred by a local authority in relation to steps taken by them under paragraph (a) shall be a simple contract debt owed to the authority and may be recovered by them from the person as a simple contract debt in any court of competent jurisdiction.

(5) (a) An application under subsection (1) to the District Court shall be made to the Justice of the District Court for the District Court district in which the premises concerned are situated or in which the emission concerned takes place.

(b) An application under subsection (1) to the Circuit Court shall be made to the Judge of the Circuit Court for the circuit in which the premises concerned are situated or in which the emission concerned takes place.

(6) An application under subsection (1) may be made whether or not there has been a prosecution for an offence under this Act in relation to the emission concerned.]

Annotations:

Amendments:

F33

Inserted (23.04.1992) by Environmental Protection Agency Act 1992 (7/1992), s. 18(2) and sch. 3 para. 4, commenced on enactment.

F34

Substituted (3.02.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 15 and sch. part 2 item 7, S.I. No. 566 of 2013.

F35

Substituted (3.02.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 14 and sch. part 1 item 4, S.I. No. 566 of 2013.

Modifications (not altering text):

C31

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—

Section 28A (6)

"(6) An application under subsection (1) may be made whether or not there has been, 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, a prosecution for an offence under that Part of that Act or under this Act, and. in any other case, a prosecution for an offence under this Act, in relation to the emission concerned.".

C32

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—

Section 28A (6)

"(6) An application under subsection (1) may be made whether or not there has been, 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, a prosecution for an offence under that Part of that Act or under this Act, and, in any other case, a prosecution for an offence under this Act, in relation to the emission concerned.".

Editorial Notes:

E124

Defence to proceedings under section provided by Environmental Protection Agency Act 1992 (7/1992), s. 84(3)(b)(iii) as substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.

E125

Defence to proceedings under section provided (1.07.1996) by Waste Management Act 1996 (10/1996), s. 40(12)(b)(iii), S.I. No. 192 of 1996.

E126

Previous affecting provision: defence to proceedings under section provided (23.04.1992) by Environmental Protection Agency Act 1992 (7/1992), s. 83(7)(b)(iii), commenced on enactment; section substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.

E127

Previous affecting provision: section amended by Courts and Court Officers Act 2002 (15/2002), ss. 13 and 14 and sch. 2, not commenced; repealed (3.02.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 2(1), S.I. No. 566 of 2013.

F36[Civil liability for pollution.

28B

28B. (1) Where an emission causes injury, loss or damage to a person or to the property of a person, the person may, without prejudice to any other cause of action that he may have in respect of the injury, loss or damage, recover damages in any court of competent jurisdiction in respect of such injury, loss or damage—

(a) from the occupier of the premises from which the emission originated unless the emission was caused by an act of God or an act or omission of a third party over whose conduct such occupier had no control, being an act or omission that such occupier could not reasonably have foreseen and guarded against, or

(b) if the emission was occasioned by an act or omission of any person that, in the opinion of the court, constitutes a contravention by the person of a provision of this Act, from that person.

(2) Subsection (1) does not apply to an emission under and in compliance with a licence granted under this Act or an emission in compliance with an emission limit value specified under section 51 of this Act or an emission which is in accordance with directions specifying best practicable means issued by the Minister under subsection (3) of section 5 of this Act.]

Annotations:

Amendments:

F36

Inserted (23.04.1992) by Environmental Protection Agency Act 1992 (5/1992), s. 18(2) and sch. 3 para. 4, commenced on enactment.

Editorial Notes:

E128

Defence to proceedings under section provided by Environmental Protection Agency Act 1992 (7/1992), s. 84(3)(b)(iii) as substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.

E129

Defence to proceedings under section provided (1.07.1996) by Waste Management Act 1996 (10/1996), s. 40(12)(b)(iii), S.I. No. 192 of 1996.

E130

Previous affecting provision: defence to proceedings under section provided (23.04.1992) by Environmental Protection Agency Act 1992 (7/1992), s. 83(7)(b)(iii), commenced on enactment; section substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.

Notification of incident causing air pollution.

29

29. (1) The occupier of any premises, other than a private dwelling, shall as soon as practicable after the occurrence of any incident which may cause air pollution notify the relevant local authority of the incident.

(2) In this section “ incident ” includes an accidental emission.

Annotations:

Modifications (not altering text):

C33

Application of section extended (27.05.1996) by Environmental Protection Agency (Extension of Powers) Order 1996 (S.I. No. 126 of 1996), art. 15, in effect as per art. 2.

13. Section 29 of the Act of 1987 shall apply to the Agency in addition to the local authority for the purposes of the prevention and 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.

14. For the purposes of article 13, anything required to be done in relation to a local authority under section 29 of the Act of 1987 shall be done in relation to the Agency in addition to the local authority.

15. For the purposes of articles 13 and 14, for the reference to "local authority" in section 29 of the Act of 1987 there shall be substituted the following—

"local authority, and in the case of an incident in connection with an activity in respect of which a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992 is in force, the Environmental Protection Agency,"

...

C34

Application of section extended (1.08.1994) by Environmental Protection Agency (Extension of Powers) Order 1994 (S.I. No. 206 of 1994), art. 15, in effect as per art. 2.

13. Section 29 of the Act of 1987 shall apply to the Agency in addition to the local authority for the purposes of the prevention and 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.

14. For the purposes of article 13, anything required to be done in relation to a local authority under section 29 of the Act of 1987 shall be done in relation to the Agency in addition to the local authority.

15. For the purposes of articles 13 and 14, for the reference to "local authority" in section 29 of the Act of 1987 there shall be substituted the following—

"local authority, and in the case of an incident in connection with an activity in respect of which a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992 is in force, the Environmental Protection Agency,"

...

PART III

Licensing of Industrial Plant

Annotations:

Modifications (not altering text):

C35

Application of Part restricted (1.07.1996) by Waste Management Act 1996 (10/1996), s. 40(5)(a), S.I. No. 192 of 1996.

Grant of waste licences.

40.— ...

(5) Where a waste licence is granted in relation to an activity, a licence under—

(a) Part III of the Act of 1987,

...

shall not be granted in relation to such an activity, and any such licence that is in force in relation to such an activity shall thereupon cease to have effect in relation thereto.

...

C36

Application of Part restricted (23.04.1992) by Environmental Protection Agency Act 1992 (7/1992), ss. 84(1)(a), (2)(a), 99B(1), 99G(1), commenced on enactment; as substituted and inserted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.

[Provisions supplemental to, and consequential on, section 83.

84.—(1) Where a licence or revised licence is required under this Part in respect of an activity, a licence under—

(a) Part III of the Air Pollution Act 1987,

...

shall not be granted in relation to such activity.

(2) Where a licence or revised licence has been granted under this Part in respect of an activity, a licence under—

(a) Part III of the Air Pollution Act 1987,

...

shall cease to have effect in relation to such activity.

]

[Special cases

99B.—(1) The Minister may, by order, as respects any process, development or operation that is not specified in the First Schedule, do both of the following, namely, provide that—

(a) any requirement under—

(i) Part III of the Air Pollution Act 1987,

...

as appropriate, that a licence under such an enactment be in force for the carrying on of the process, development or operation shall cease to apply to it,and

(b) a licence under this Part shall be required for the carrying on of it,

and where such an order is made the provisions of this Act shall apply in relation to the process, development or operation concerned as if it were an activity for so long as the order remains in force.

...]

[Transitional arrangements.

99G.—(1) Without prejudice to the requirements of the Directive, where the Agency proposes to grant a licence or revised licence in respect of an established activity for which a licence has been granted under—

(a) Part III of the Air Pollution Act 1987,

...

the Agency shall, if the licence or revised licence under this Part is being granted during the period of 3 years from the grant of a licence referred to in paragraph (a), (b) or (c), have regard to the conditions (if any) attached to such licence and the costs in relation to the activity which would be incurred if different conditions were attached to the licence or revised licence to be granted by the Agency.

...]

Editorial Notes:

E131

Previous affecting provisions: application of Part restricted (23.04.1992) by Environmental Protection Agency Act 1992 (7/1992), ss. 83(5)(a)(i), 83(6)(a)(i), 95(1)(a)(i), 99(1)(a)(i), commenced on enactment; sections substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.

Licence to operate industrial plant.

30

30. (1) A person shall not operate industrial plant, other than existing industrial plant, on or after such day as may be prescribed F37[save under and in accordance with a licence under this Act that is in force in relation to the plant].

(2) The Minister may, by regulations, provide that existing industrial plant of such class as may be specified in the regulations shall not be in operation on or after such date as may be so specified F37[save under and in accordance with a licence under this Act that is in force in relation to the plant].

(3) Where regulations under subsection (2) come into operation, the operation of existing industrial plant to which the regulations relate shall, in the period before a licence in relation to the plant is granted or refused, be deemed not to have contravened the provisions of this Act: provided that, before the date specified in those regulations, an application has been made for a licence in respect of that plant and the requirements of regulations made under section 31 in relation to the application for the licence have been complied with by the applicant therefor.

Annotations:

Amendments:

F37

Substituted (1.07.1996) by Waste Management Act 1996 (10/1996), s. 65(2), S.I. No. 192 of 1996.

Editorial Notes:

E132

Power pursuant to section exercised (1.11.1988) by Air Pollution Act, 1987 (Licensing of Industrial Plant) Regulations 1988 (S.I. No. 266 of 1988), in effect as per reg. 2.

E133

Previous affecting provision: power pursuant to section exercised (1.10.1992) by Air Pollution Act 1987 (Combustion Plant) Regulations 1992  (S.I. No. 273 of 1992), in effect as per reg. 1(2); revoked (1.10.1996) by Air Pollution Act 1987 (Emission Limit Values for Combustion Plant) Regulations 1996 (S.I. No. 264 of 1996), reg. 8, in effect as per reg. 1(2).

Regulations regarding licences.

31

31. (1) The Minister shall, by regulations, provide for the grant of licences by local authorities to persons who apply to the local authority concerned and who comply with the requirements of, or made pursuant to, the regulations in relation to such applications.

(2) Without prejudice to the generality of subsection (1), regulations under this section may make provision for all or any of the following:

(a) the form of application and of licence;

(b) the publication by applicants of such notices as may be specified;

(c) specifying the plans, documents and other information and particulars to be submitted by applicants;

(d) requiring applicants to furnish such additional information or particulars relating to their applications as the local authority may request;

(e) requiring the production of evidence to verify any information and particulars given by an applicant;

(f) requiring local authorities to furnish to the Minister and to any other specified persons any specified information in relation to any applications and the manner in which they have been dealt with, or to publish any specified notices in relation to applications for, and the granting or refusing of, licences;

(g) specifying the period within which applications shall be dealt with by local authorities;

(h) requiring an applicant to defray or contribute towards the cost of any investigation carried out by a local authority in relation to an application.

(3) (a) A person who, in relation to an application for a licence, or for a review of a licence, under this Act, or in relation to an appeal arising from such an application, makes a statement in writing which to his knowledge is false or misleading in a material respect, shall be guilty of an offence.

(b) Where a person is convicted of an offence under this subsection, any licence issued to that person consequent on the application or appeal in relation to which the information was furnished shall stand revoked from the date of the conviction.

(4) A defrayment or contribution the payment of which is required under regulations made under this section shall be payable on demand and, in default of being so paid, shall be recoverable as a simple contract debt in a court of competent jurisdiction.

Annotations:

Modifications (not altering text):

C37

Application of section and regulations made thereunder restricted (1.05.2007) by European Communities (Access to Information on the Environment) Regulations 2007 (S.I. No. 133 of 2007), reg. 4(2)(b), in effect as per reg. 1(2).

Scope

4. (1) These Regulations apply to environmental information other than, subject to sub-article (2), information that, under any statutory provision apart from these Regulations, is required to be made available to the public, whether for inspection or otherwise

(2) Notwithstanding— ...

(b) sections 10 and 31 of the Air Pollution Act 1987 (No. 6 of 1987) and any regulations made thereunder, and

….

environmental information held by, or on behalf of, a public authority shall be made available in accordance with these Regulations.

Editorial Notes:

E134

Power pursuant to section exercised (1.11.1988) by Air Pollution Act, 1987 (Licensing of Industrial Plant) Regulations 1988 (S.I. No. 266 of 1988), in effect as per reg. 2.

E135

Previous affecting provision: application of section and regulations made thereunder restricted (1.05.1998) by European Communities Act, 1972 (Access to Information on the Environment) Regulations 1998 (S.I. No. 125 of 1998), reg. 5(2), as per reg 2; revoked (1.05.2007) by S.I. No. 133 of 2007, reg. 2(2), in effect as per reg. 1(2).

E136

Previous affecting provision: power pursuant to section exercised (1.10.1992) by Air Pollution Act 1987 (Combustion Plant) Regulations 1992  (S.I. No. 273 of 1992), in effect as per reg. 1(2); revoked (1.10.1996) by Air Pollution Act 1987 (Emission Limit Values for Combustion Plant) Regulations 1996 (S.I. No. 264 of 1996), reg. 8, in effect as per reg. 1(2).

Grant of licences.

32

32. (1) Where

(a) an application is made to a local authority in accordance with regulations under section 31 for a licence under this Act,

(b) the requirements of, or made pursuant to, such regulations have been complied with,

the local authority may, subject to section 35 (2), decide to grant the licence subject to, or without, conditions or to refuse the application.

(2) In considering an application for a licence under this Act, the local authority shall have regard to—

(a) any air quality management plan in force in relation to the area concerned, and

(b) any special control area order in operation in relation to that area.

F38[(3) A local authority shall not grant a licence in relation to industrial plant unless they are satisfied that

(a) the best practicable means will be used to prevent or limit any emissions from the plant,

(b) any emissions from the plant will comply with any relevant emission limit value,

(c) any emissions from the plant will not result in the contravention of any relevant air quality standard,

(d) any emissions from the plant will not cause significant air pollution,

and, where appropriate, the local authority shall attach conditions relating to the matters specified in paragraphs (a), (b), (c) and (d) to the licence.]

(4) Without prejudice to the generality of subsections (1) and (3), conditions attached to a licence under this Act may—

(a) specify the nature, composition, temperature, volume, rate and location of an emission;

(b) specify the periods during which an emission may, or may not, be made;

(c) specify a concentration of a pollutant in the ambient air, or a deposition rate, which shall not be exceeded;

(d) specify any matters relating to the design, construction and height of the chimneys, flues, stacks or other outlets through which an emission is to be made;

(e) specify the means (including the provision, operation, maintenance and supervision of plant, equipment and other facilities and the use of specified procedures) to be used for controlling an emission;

(f) require the provision, operation and maintenance of meters, gauges and other apparatus and other means for monitoring the nature, extent and effects of emissions;

(g) require the taking and analysis of samples, the making of measurements, the keeping of records and the furnishing of information to the local authority or to any other person who may be specified;

(h) specify the measures to be taken if there is a breakdown at industrial plant which may affect emissions from the plant;

(i) specify the type of fuel to be, or not to be, used, as the case may be;

(j) require the making of payments to the local authority concerned in relation to costs which may be incurred in monitoring, or otherwise in relation to, emissions;

(k) specify the latest date for complying with any conditions which are attached.

(5) Whenever a local authority, having considered an application for a licence under this Act, decide that—

(a) the licence shall be granted, they shall forthwith notify the applicant of the decision and of any conditions which may be attached to the licence and of the reasons for the attachment of any such conditions, or

(b) the licence shall not be granted, they shall forthwith notify the applicant of the decision and of the reasons for the decision.

Annotations:

Amendments:

F38

Substituted (23.04.1992) by Environmental Protection Agency Act 1992 (5/1992), s. 18(2) and sch. 3 para. 3, commenced on enactment.

Editorial Notes:

E137

Provision for costs of certain proceedings under section to be borne by each party in certain circumstances made (23.08.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), ss. 3, 4, 5, 6, 7, S.I. No. 433 of 2011.

Review of licences.

33

33. (1) A local authority may review a licence under this Act at any time with the consent of the licensee, or at a time not less than three years from the date on which the licence was granted or, as the case may be, the date of the latest review of the licence.

(2) As soon as may be after they have completed a review under this section, a local authority may decide to grant pursuant to this Act a revised licence in substitution for the licence reviewed.

(3) Notwithstanding any other provision of this Act or any provision in a licence under this Act—

(a) such licence shall be reviewed by the local authority which granted it if—

(i) the local authority have reasonable grounds for believing that any emission from the industrial plant to which the licence relates constitutes a serious risk of air pollution, or

(ii) there has been a material change in the nature or the extent of the emission, or

(iii) there has been a material change, which could not have reasonably been foreseen when the licence was granted, in the air quality in the area in which the industrial plant to which the licence relates is situate, or

(iv) further and better evidence, which was not available when the licence was granted, has become available relating to a pollutant present in the emission concerned or the effects of such pollutant, or

(v) the licensee applies to the local authority concerned to review the licence;

(b) if—

(i) a relevant emission limit value is specified in regulations under section 51 in relation to any pollutant emitted from the industrial plant to which the licence relates, or

(ii) a relevant air quality standard is specified in regulations made under section 50 in relation to any pollutant emitted from the industrial plant to which the licence relates, or

(iii) a special control area order affecting any pollutant emitted from the industrial plant to which the licence relates comes into operation in relation to the area in which the industrial plant is situate, or

(iv) any directions are issued by the Minister specifying the best practicable means for the prevention or limitation of an emission to which the licence relates,

the local authority shall, as soon as may be after the regulations are made, the order comes into operation or the directions are given, as the case may be, review the licence,

and subsection (2) shall apply to a review under this subsection.

(4) (a) The Minister may make regulations for the purpose of this section.

(b) Without prejudice to the generality of paragraph (a), regulations under this subsection may make provision in relation to all or any of the following matters—

(i) the giving of notice by a local authority of their intention to review a licence,

(ii) requiring a statement in such a notice that representations relating to the review may be made within a specified period, and

(iii) requiring local authorities to publish any specified notices with respect to a decision to grant a revised licence.

(5) In the review of a licence under this section, a local authority shall have regard to—

(a) any change in air quality in their functional area, and

(b) the development of technical knowledge in relation to air pollution and the effect of pollutants.

Annotations:

Editorial Notes:

E138

Power pursuant to section exercised (1.11.1988) by Air Pollution Act, 1987 (Licensing of Industrial Plant) Regulations 1988 (S.I. No. 266 of 1988), in effect as per reg. 2.

E139

Previous affecting provision: power pursuant to section exercised (1.10.1992) by Air Pollution Act 1987 (Combustion Plant) Regulations 1992  (S.I. No. 273 of 1992), in effect as per reg. 1(2); revoked (1.10.1996) by Air Pollution Act 1987 (Emission Limit Values for Combustion Plant) Regulations 1996 (S.I. No. 264 of 1996), reg. 8, in effect as per reg. 1(2).

Appeals.

34

34. (1) Any person may, at any time before the expiration of the prescribed period, appeal to F39[the Agency] in relation to the granting or refusing of a licence under section 32, or to the granting of a revised licence under section 33.

(2) F39[The Agency], after consideration of an appeal under this section, shall either (as it thinks proper) refuse the appeal or give appropriate directions to the local authority concerned relating to the granting or refusing of a licence, and, where such directions are given, the local authority concerned shall, as soon as may be after the receipt of the directions, comply with them.

(3) The Minister may, by regulations, make provision for any matter of procedure in relation to an appeal under this section.

(4) Regulations under this section may contain such incidental, supplemental, consequential and transitional provisions (including modification or application of any provision of the Local Government (Planning and Development) Acts, 1963 to 1983) as appear to the Minister to be necessary.

Annotations:

Amendments:

F39

Substituted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), ss. 25(1)(a), (b), S.I. No. 358 of 2015, subject to transitional provision in subs. (2).

Editorial Notes:

E140

Transitional provision for appeal under section made by Environmental Protection Agency Act 1992 (7/1992), s. 99G(6) as inserted (12.07.2004) by Protection of the Environment Act 2003 (15/2003), s. 15, S.I. No. 393 of 2004.

E141

Power pursuant to section exercised (1.11.1988) by Air Pollution Act, 1987 (Licensing of Industrial Plant) Regulations 1988 (S.I. No. 266 of 1988), in effect as per reg. 2.

E142

Previous affecting provision: transitional arrangements provided (23.04.1992) by Environmental Protection Agency Act 1992 (7/1992), s. 99(6), commenced on enactment; section substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.

Fees.

35

35. (1) The Minister may make regulations providing for—

(a) the payment to local authorities of prescribed fees in relation to applications for—

(i) licences under this Act, or

(ii) reviews of licences under section 33 ,

(b) the payment to An Bord Pleanála of prescribed fees in relation to appeals under section 34 ,

and the regulations may provide for different fees in relation to cases of different classes or descriptions, for exemption from the payment of fees in specified circumstances, for the waiver, remission or refund (in whole or in part) of fees in specified circumstances and for the manner in which fees are to be disposed of.

(2) Where under regulations under this section a fee is payable to a local authority by an applicant in respect of an application referred to in subsection (1), the application shall not be decided by the authority unless the authority are in receipt of the fee.

(3) Where under regulations under this section a fee is payable to An Bord Pleanála by an appellant in respect of an appeal by him to An Bord Pleanála, the appeal shall be invalid unless the prescribed fee is received by An Bord Pleanála before the expiration of the prescribed period for making the appeal.

Annotations:

Editorial Notes:

E143

Power pursuant to section exercised (1.01.2002) by Air Pollution Act, 1987 (Licensing of Industrial Plant) (Fees Amendment) Regulations 2001 (S.I. No. 575 of 2001), in effect as per reg. 2.

E144

Power pursuant to section exercised (1.11.1988) by Air Pollution Act, 1987 (Licensing of Industrial Plant) Regulations 1988 (S.I. No. 266 of 1988), in effect as per reg. 2.

Limit on duration of licence.

36

36. (1) Subject to subsection (2), where industrial plant to which a licence under this Act relates—

(a) has not commenced operations within three years after the date on which the licence was granted, or

(b) has ceased operations for a period of not less than three years,

the licence shall cease to have effect.

(2) Subsection (1) shall not have effect if a licence was granted prior to the construction, or to the commencement of the operations, of industrial plant and the local authority, having regard to the nature and extent of the construction works and any other relevant consideration, are satisfied that the licence should continue to be in force for such period as the local authority consider reasonable, having regard to all the circumstances.

Change of ownership of industrial plant.

37

37. (1) Where a licence is granted under this Act, then, except as may be otherwise provided by the licence, the grant of the licence shall enure for the benefit of the industrial plant and of all persons for the time being interested therein, but without prejudice to the provisions of section 33 in relation to the review of the licence.

(2) Where a person to whom a licence was granted under this Act ceases to hold, or transfers to another person, his interest in the industrial plant to which the licence relates, he shall forthwith give notice to the local authority by whom the licence was granted—

(a) that he no longer holds an interest in the industrial plant concerned, and

(b) of the name of the person to whom his interest in the plant has been transferred.

Alterations at industrial plant.

38

38. (1) The occupier of industrial plant—

(a) in respect of which a licence is in force under this Act, or

(b) which is existing industrial plant the operation of which is not required to be licensed under regulations made under section 30 ,

shall give notice in writing to the local authority in whose functional area the industrial plant is situate if he proposes to—

(i) effect any alteration to, or reconstruction of, the plant, or

(ii) effect any alteration in the processes being carried out therein,

and such alteration or reconstruction would, or is likely to, materially increase emissions from the plant or cause new emissions therefrom.

(2) Whenever a local authority receive a notice under this section, the local authority, notwithstanding any other provision of this Act, may—

(a) if there is a licence in force in respect of the industrial plant concerned, either review the licence under section 33 or direct the occupier to apply for a new licence, or

(b) if there is no such licence in force, direct the occupier to apply for a licence,

and the occupier shall not effect the alteration or reconstruction until the review has been completed or the new licence or licence, as the case may be, has been granted.

(3) Where a local authority decide pursuant to subsection (2) to review a licence or to direct the occupier concerned to apply for a new licence or, as the case may be, a licence, the local authority shall, within one month of the receipt by them of the notice under this section, inform the occupier concerned accordingly and, if such occupier is not so informed, subsection (2) shall cease to have effect in relation to the alteration or reconstruction specified in the notice.

PART IV

Special Control Areas

Special control areas.

39

39. (1) Where it appears to a local authority that the whole or any part of their functional area should, in order to prevent or limit air pollution, be declared to be a special control area, they may make an order (in this Act referred to as a “ special control area order ”) under this section.

(2) In deciding whether it is necessary or expedient to make a special control area order in relation to any area, the local authority shall have regard to—

(a) the incidence and cause of air pollution in the area, and

(b) any air quality management plan in force in relation to the area, and

(c) any relevant air quality standard, and

(d) the availability of the means necessary for compliance with the order, and

(e) the expense which would be incurred in complying with the order.

(3) A special control area order shall specify—

(a) the area to which it relates,

(b) the pollutant with which it is concerned, and

(c) the measures to be taken and the requirements which shall have effect in the area to which the order relates.

(4) The Minister may, if he considers it expedient so to do in order to prevent or limit air pollution, having regard to the provisions of paragraphs (a), (b), (c), (d) and (e) of subsection (2), direct a local authority to make a special control area order in relation to such area and such pollutant as may be specified in the direction and may, if he thinks fit, further direct the order should specify that particular measures shall be taken and that particular requirements shall have effect in such area and the local authority concerned shall comply with any direction of the Minister given under this subsection within such period as may be specified in the direction.

(5) A local authority may, with the consent of any other local authority concerned, make a special control area order in relation to an area which is within the functional area of the other authority.

(6) (a) Subject to paragraph (b), a local authority may, by order under subsection (1), revoke or amend a special control area order.

(b) A local authority may revoke or amend a special control area order which is made pursuant to a direction of the Minister under subsection (4) only with the consent of the Minister.

(7) A local authority shall, from time to time and at least once in every five years, review every special control area order made by them, and which is in operation, for the purpose of deciding whether it is necessary or desirable to revoke or amend the order.

(8) The making, revoking or amending of a special control area order and the giving of consent under subsection (5) to the making of such an order shall be a reserved function.

Annotations:

Editorial Notes:

E145

EPA required to review licence on granting of special control area order by Environmental Protection Agency Act 1992 (7/1992), s. 90(5)(a); as substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.

E146

Previous affecting provision: EPA required to review licence on granting of special control area order (23.04.1992) by Environmental Protection Agency Act 1992 (7/1992), s. 88(4)(a), commenced on enactment; section substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.

Special control area orders.

40

40. (1) Without prejudice to the provisions of section 39 (3), a special control area order may make provision for the following:

(a) prohibit, subject to such exceptions or limitations as may be specified, the emission of a specified pollutant from specified classes or descriptions of premises;

(b) prohibit, subject to such exceptions or limitations as may be specified, the burning other than in an authorised fireplace of any fuel other than an authorised fuel;

(c) prohibit, subject to such limitations and exceptions as may be specified, the burning of straw, waste or any other substance;

(d) make, having regard to all the circumstances, different provisions for different parts of the area to which the order relates and for different premises or classes of premises;

(e) exempt, with or without conditions, such premises or classes of premises as may be specified from all or any of the requirements of the order;

(f) exempt, with or without conditions, such fireplaces or such classes of fireplaces as may be specified from all or any of the requirements of the order;

(g) specify the types or qualities of fuels to be, or not to be, burnt in such fireplaces or such classes of fireplaces as may be specified;

(h) specify the conditions subject to which, or the purposes for which, specified fuels or classes of fuels may be burnt in the special control area;

(i) prohibit or limit the carrying on of such operations or processes as may be specified in the special control area or specify the conditions under which such operations or processes may be carried on;

(j) prohibit or restrict the sale or delivery in a special control area of specified fuels or classes of fuels.

(2) The Minister may, by regulations, declare that any particular class of fireplace shall, subject to such conditions as may be specified in the regulations, be an authorised fireplace for the purposes of a special control area order.

(3) The Minister may, by regulations, declare that any particular type of fuel shall be an authorised fuel for the purposes of a special control area order.

(4) Any person who contravenes any provision of a special control area order which is in operation shall be guilty of an offence.

(5) In any proceedings relating to the contravention of a special control area order and involving the emission of a pollutant, it shall be a good defence to establish that—

(a) the emission of the pollutant was not caused by the use of a fuel other than an authorised fuel;

(b) the emission of the pollutant was caused by the burning of a fuel other than an authorised fuel in an authorised fireplace in accordance with the conditions (if any) subject to which the fireplace was declared to be an authorised fireplace.

Annotations:

Editorial Notes:

E147

Power pursuant to subs. (2) exercised (10.11.1989) by Air Pollution Act, 1987 (Authorised Fireplace) (Revocation) Regulations 1989 (S.I. No. 293 of 1989).

E148

Power pursuant to subs. (3) exercised (22.11.1988) by Air Pollution Act 1987 (Authorised Fuel) Regulations 1988 (S.I. No. 298 of 1988).

E149

Previous affecting provision: power pursuant to subs. (2) exercised (22.11.1988) by Air Pollution Act 1987 (Authorised Fireplace) Regulations 1988 (S.I. No. 297 of 1988); revoked (10.11.1989) by Air Pollution Act 1987 (Authorised Fireplace) (Revocation) Regulations 1989 (S.I. No. 293 of 1989), reg. 2.

Confirmation of special control area order.

41

41. (1) As soon as may be after they have made a special control area order, a local authority shall publish in one or more newspapers circulating in the area to which the order relates a notice—

(a) stating that a special control area order has been made and specifying the area to which the order relates;

(b) naming a place where a copy of the order and any map or plan referred to therein may be inspected free of charge by any interested person;

(c) specifying the times and the period, being not less than one month, during which the order and the map and plan (if any) can be so inspected;

(d) specifying the period, being not less than one month, within which, and the manner in which, any person affected by the order may make objections thereto;

(e) stating that the order will not come into operation until it has been confirmed by the Minister;

(f) stating that if objections are duly made to the order and are not withdrawn, the Minister, before confirming or refusing to confirm the order, will cause an oral hearing to be held at which any person who has, within the period specified in the notice, made an objection to the order will be afforded an opportunity of being heard.

(2) As soon as may be after the period for the making of objections has expired, the local authority concerned shall transmit the special control area order to the Minister for confirmation and, when so transmitting the order, they shall also transmit to the Minister any objections which have, within the specified period, been made and have not been withdrawn.

(3) Where no objections have, within the specified period, been made to the making of the special control area order or all such objections have been withdrawn, the Minister may—

(a) by order confirm the special control area order with or without modifications, or

(b) refuse to confirm the order, or

(c) if he considers it desirable so to do, before confirming, or refusing to confirm, the order, cause an oral hearing to be held in relation to the order.

(4) Where objections have, within the specified period, been made to the making of the special control area order and such objections have not been withdrawn, the Minister shall cause an oral hearing to be held in relation to the order and shall afford each person who duly made an objection to the order the opportunity of being heard.

(5) When he has considered the report (including any recommendation contained therein) of the person who held the oral hearing, the Minister may, by order, confirm the special control area order, with or without modifications, or he may refuse to confirm it.

(6) In deciding whether or not to confirm a special control area order, the Minister shall have regard to the provisions of paragraphs (a), (b), (c), (d) and (e) of section 39 (2).

(7) Every order made by the Minister under this section confirming a special control area order shall specify a date, being not less than six months after the date of the making of the confirming order, on which the special control area order shall come into operation: provided always that the date so specified in relation to a special control area order which—

(a) revokes a previous special control area order, or

(b) exempts specified areas or specified buildings or classes of buildings from all or any of the requirements of a special control area order,

may be the date of the making of the confirming order or any date subsequent to that date.

(8) Notice of the making of an order confirming a special control area order and of the date on which the special control area order shall come into operation shall be published, given or served by the local authority concerned in such manner as the Minister may direct.

Annotations:

Editorial Notes:

E150

Power pursuant to section exercised (31.08.1990) by Special Control Area (Ballyfermot Area D) Order 1989 (Confirmation) Order 1990 (S.I. No. 26 of 1990), in effect as per art. 3.

E151

Power pursuant to section exercised (31.05.1990) by Special Control Area (Ballyfermot Area C) Order 1989 (Confirmation) Order 1989 (S.I. No. 292 of 1989), in effect as per art. 3.

E152

Power pursuant to section exercised (31.05.1990) by Special Control Area (Ballyfermot Area B) Order 1988 (Confirmation) Order 1989 (S.I. No. 291 of 1989), in effect as per art. 3.

E153

Power pursuant to section exercised (31.05.1989) by Special Control Area (Ballyfermot) Order, 1988 (Confirmation) Order 1988 (S.I. No. 282 of 1988), in effect as per art. 3.

Oral hearings.

42

42. (1) An oral hearing in relation to a special control area order held pursuant to section 41 (3) or (4) shall be conducted by a person appointed for that purpose by the Minister.

(2) A person conducting an oral hearing may require any officer of a local authority concerned to give to him any information which he reasonably requires for the purpose of the hearing, and it shall be the duty of the officer concerned to comply with the requirement.

(3) (a) A person conducting an oral hearing may visit and inspect premises for any purpose he considers necessary in relation to the special control area order which is the subject of the hearing.

(b) Any person who obstructs the exercise of the power conferred by this subsection shall be guilty of an offence.

(4) A person conducting an oral hearing may take evidence on oath and for that purpose may administer oaths, and a person giving evidence shall be entitled to the same immunities and privileges as if he were a witness before the High Court.

(5) (a) Subject to paragraph (b), a person conducting an oral hearing may, by giving notice in that behalf in writing to any person, require that person to attend at such time and place as is specified in the notice to give evidence in relation to any matter in question at the hearing or to produce any books, deeds, contracts, maps, plans, or other documents in his possession, custody or control which relate to any such matter.

(b) The following provisions shall have effect for the purposes of the foregoing paragraph:

(i) it shall not be necessary for a person to attend in compliance with a notice at a place more than ten miles from his ordinary place of residence unless such sum as will cover the reasonable and necessary expenses of the attendance have been paid or tendered to him;

(ii) the local authority shall, at the request of the person conducting the oral hearing, pay or tender to any person whose attendance is required such sum as the person conducting the hearing considers will cover the reasonable and necessary expenses of the attendance;

(iii) any person who in compliance with a notice has attended at any place shall, save in so far as the reasonable and necessary expenses of the attendance have already been paid to him, be paid those expenses by the local authority, and those expenses, save as aforesaid, shall, in default of being so paid, be recoverable as a simple contract debt in any court of competent jurisdiction;

(iv) every person to whom a notice has been given who refuses or who wilfully neglects to attend in accordance with the notice or who wilfully alters, suppresses, conceals or destroys any document to which the notice relates or who, having so attended, refuses to give evidence or refuses or wilfully fails to produce any document to which the notice relates shall be guilty of an offence.

(6) Where an oral hearing is conducted on behalf of the Minister under this Act by a person appointed for the purpose by the Minister, the person so appointed shall make to the Minister a written report on the hearing and shall include in his report a recommendation relating to the matter with which the hearing was concerned.

Relaxation or suspension of special control area order.

43

43. (1) If, at any time, it appears to the Minister to be necessary so to do, he may, by order, suspend or relax the operation of a special control area order in relation to the whole or any part of a special control area for such period as may be specified in the order.

(2) Before making an order under subsection (1), the Minister shall, unless because of the urgency of the situation such consultation is not practicable, consult the local authority concerned.

(3) The Minister may by order amend or revoke an order under this section (including this subsection).

(4) A local authority concerned shall publish, in such manner as the Minister may direct, notice of the making of an order under this section.

Power of local authority to require alterations to premises.

44

44. (1) A local authority may, by notice in writing served on the person who appears to them to be the owner or occupier of a premises which—

(a) is within a special control area, or

(b) will be, when a special control area order which has been confirmed by the Minister comes into operation, within such an area,

require the owner or occupier of the premises to carry out such alterations to the premises as may be specified in the notice.

(2) A notice under subsection (1) shall—

(a) specify the works which appear to the local authority to be necessary in order to comply with the special control area order;

(b) direct the person on whom the notice is served to carry out, or to cause to be carried out, such works as are specified in the notice;

(c) specify a period (being not less than twenty-eight days beginning on the date of service of the notice and ending not sooner than the date on which the special control area order comes into operation) within which such works are to be completed;

(d) specify that representations in writing in relation to the terms of the notice may be made by the person on whom the notice is served to the local authority within the period stated in the notice.

(3) The local authority shall consider any representations duly made to them within the period specified in the notice and, having considered such representations if they consider it reasonable so to do, may amend or revoke the notice.

(4) A person on whom a notice under this section is served shall, within the period specified, comply with the requirements of the notice or, as the case may be, the notice as amended.

(5) Where a person on whom a notice has been served under this section does not, within the period specified, comply with the requirements of the notice or, as the case may be, the notice as amended, the local authority that served the notice may take such steps as they consider reasonable and necessary to secure such compliance.

(6) A local authority may recover any expenses incurred by reason of the exercise of the powers conferred on them by subsection (5) from the person on whom a notice under this section was served as a simple contract debt in any court of competent jurisdiction.

Financial assistance for certain works.

45

45. (1) The Minister may, with the consent of the Minister for Finance, make a scheme or schemes for the granting of financial assistance in relation to the whole or any part of the costs incurred by the owner or occupier of a premises situate within a special control area in order to enable the premises to comply with the requirements of a special control area order or a notice under section 44 .

(2) Without prejudice to the generality of subsection (1), the following provisions shall apply to a scheme under this section:

(a) such scheme may provide for its administration in whole or in part by a local authority or by such other person or body (including the Minister) as may be specified in the scheme;

(b) such scheme may provide for the determination by the Minister or by any other person (including an arbitrator) of any dispute which arises as to the entitlement of any person to, or the amount of, any financial assistance payable under the scheme;

(c) notice of the making of such a scheme shall be published in such a manner as to the Minister seems appropriate.

(3) The Minister may, with the consent of the Minister for Finance, amend or revoke a scheme made by him under this section.

Annotations:

Modifications (not altering text):

C38

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under 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 Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument 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 Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 6 of 1987

Air Pollution Act 1987

Sections 18(4) and 45(1) and (3)

...

...

...

PART V

Air Quality Management Plans and Standards

Air quality management plans.

46

46. (1) A local authority may, and shall if the Minister so directs, make, in relation to all or any part of their functional area, a plan (in this Act referred to as an “ air quality management plan ”) for the preservation or the improvement of the air quality in the area to which such plan relates.

(2) A local authority may, from time to time as occasion demands, and shall at least once in every five years after the date of the making of an air quality management plan, review the plan and make in it any variations (whether by way of alteration, addition or deletion) which they consider proper or replace it by a new plan.

(3) Two or more local authorities may, in relation to all or any part of their functional areas, jointly make an air quality management plan and the provisions of subsection (2) shall apply to any such plan.

(4) An air quality management plan shall contain such objectives as seem to the local authority concerned to be reasonable and necessary for the prevention or limitation of air pollution or the preservation or improvement of air quality in the area to which such plan relates but shall not contain any objective which would be inconsistent with any regulations made under sections 50 or 51 or with any special control area order in operation in relation to such area.

(5) The making, review, variation or replacement of an air quality management plan shall be a reserved function.

Annotations:

Editorial Notes:

E154

Prospective affecting provision: power granted to Minister to require the EPA to make a water quality management plan under section by Environmental Protection Agency Act 1992 (7/1992), s. 102(1), not commenced as of date of revision.

E155

Prospective affecting provision: qualified power granted to Minister to modify section by order by Environmental Protection Agency Act 1992 (7/1992), s. 102(2), not commenced as of date of revision.

E156

Power pursuant to section exercised (28.12.2016) by 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), in effect as per reg. 2.

E157

Power pursuant to section exercised (23.02.2009) by Arsenic, Cadmium, Mercury, Nickel and Polycyclic Aromatic Hydrocarbons in Ambient Air Regulations 2009 (S.I. No. 58 of 2009), in effect as per reg. 2.

E158

Previous affecting provision: power pursuant to section exercised (16.02.2004) by Ozone in Ambient Air Regulations 2004 (S.I. No. 53 of 2004), in effect as per reg. 2; revoked (12.04.2011) by Air Quality Standards Regulations 2011 (S.I. No. 180 of 2011), reg. 27(3), in effect as per reg. 2.

E159

Previous affecting provision: power pursuant to section exercised (17.06.2002) by Air Quality Standards Regulations 2002 (S.I. No. 271 of 2002), in effect as per reg. 2; revoked (12.04.2011) by Air Quality Standards Regulations 2011 (S.I. No. 180 of 2011), reg. 27(2), in effect as per reg. 2.

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

47

47.The Minister may—

(a) direct a local authority, or two or more local authorities jointly, to make an air quality management plan;

(b) require a local authority or, as the case may be, two or more local authorities, to vary (whether by alteration, addition or deletion) an air quality management plan made or jointly made by them in such manner as the Minister may specify or to replace the plan by a new plan;

(c) require that an air quality management plan made or to be made by two or more local authorities be co-ordinated in such manner and in relation to such matters as the Minister may specify;

and a local authority shall comply with every such direction or requisition of the Minister.

Annotations:

Editorial Notes:

E160

Prospective affecting provision: qualified power granted to Minister to modify section by order by Environmental Protection Agency Act 1992 (7/1992), s. 102(2), not commenced as of date of revision.

E161

Power pursuant to section exercised (28.12.2016) by 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), in effect as per reg. 2.

E162

Power pursuant to section exercised (23.02.2009) by Arsenic, Cadmium, Mercury, Nickel and Polycyclic Aromatic Hydrocarbons in Ambient Air Regulations 2009 (S.I. No. 58 of 2009), in effect as per reg. 2.

E163

Previous affecting provision: power pursuant to section exercised (16.02.2004) by Ozone in Ambient Air Regulations 2004 (S.I. No. 53 of 2004), in effect as per reg. 2; revoked (12.04.2011) by Air Quality Standards Regulations 2011 (S.I. No. 180 of 2011), reg. 27(3), in effect as per reg. 2.

E164

Previous affecting provision: power pursuant to section exercised (17.06.2002) by Air Quality Standards Regulations 2002 (S.I. No. 271 of 2002), in effect as per reg. 2; revoked (12.04.2011) by Air Quality Standards Regulations 2011 (S.I. No. 180 of 2011), reg. 27(2), in effect as per reg. 2.

Publication of notices in relation to air quality management plans.

48

48. (1) Where a local authority propose to make, vary or replace an air quality management plan, the local authority shall cause to be published in at least one newspaper circulating in their functional area a notice of the proposal, as the case may be, to make, vary or replace the plan.

(2) A notice under subsection (1) shall state that—

(a) a copy of the proposed plan or, as the case may be, of the variation to the plan may be inspected at a stated place and at stated times during a stated period;

(b) representations in relation to the proposed plan or to the proposed variation of the plan made to the local authority within the stated period will be taken into consideration before the making of the plan or, as the case may be, the variation of the plan (and any such representations shall be taken into consideration accordingly).

(3) When the local authority have considered any representations duly made to them within the period stated in the notice under subsection (2), the local authority may, as they think fit, make, vary or replace the plan with or without amendment.

(4) (a) Any person may request a local authority for a copy, or extract, of an air quality management plan and the local authority shall comply with such request.

(b) A document purporting to be a copy of an air quality management plan or to be an extract from such plan and to be certified by an officer of a local authority as a true copy shall be prima facie evidence of the plan or extract, as the case may be, and it shall not be necessary to prove the signature of such officer or that he was in fact such officer.

(c) Evidence of an air quality management plan or of an extract from such plan may be given by production of a copy thereof certified pursuant to this subsection and it shall not be necessary to produce the plan itself.

(d) Where a request is made to a local authority for a copy under this subsection, the copy shall be issued to the applicant on payment by him to the local authority of such fee (if any) as they shall fix not exceeding the reasonable cost of making the copy.

Annotations:

Editorial Notes:

E165

Prospective affecting provision: qualified power granted to Minister to modify section by order by Environmental Protection Agency Act 1992 (7/1992), s. 102(2), not commenced as of date of revision.

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

49

49.As soon as may be after a local authority have made, varied or replaced an air quality management plan, the local authority shall transmit a copy of the plan or the new plan, as the case may be, to the Minister and to such other persons as may be prescribed.

Annotations:

Editorial Notes:

E166

Power pursuant to section exercised (28.12.2016) by 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), in effect as per reg. 2.

E167

Power pursuant to section exercised (23.02.2009) by Arsenic, Cadmium, Mercury, Nickel and Polycyclic Aromatic Hydrocarbons in Ambient Air Regulations 2009 (S.I. No. 58 of 2009), in effect as per reg. 2.

E168

Previous affecting provision: power pursuant to section exercised (16.02.2004) by Ozone in Ambient Air Regulations 2004 (S.I. No. 53 of 2004), in effect as per reg. 2; revoked (12.04.2011) by Air Quality Standards Regulations 2011 (S.I. No. 180 of 2011), reg. 27(3), in effect as per reg. 2.

E169

Previous affecting provision: power pursuant to section exercised (17.06.2002) by Air Quality Standards Regulations 2002 (S.I. No. 271 of 2002), in effect as per reg. 2; revoked (12.04.2011) by Air Quality Standards Regulations 2011 (S.I. No. 180 of 2011), reg. 27(2), in effect as per reg. 2.

Air quality standards.

50

50. (1) The Minister may, for the purposes of this Act, by regulations specify standards (in this Act referred to as “ air quality standards ”) and different air quality standards may be specified for different areas or classes of areas, different circumstances or classes of circumstances or for different periods of time.

(2) Without prejudice to the provisions of subsection (1), regulations under this section may make provision for all or any of the following matters—

(a) relate an air quality standard to a particular pollutant or to a combination of pollutants;

(b) express an air quality standard as a concentration in the air, or as a mass depositing on a specified area, of the particular pollutant or combination of pollutants which is not to be exceeded for specified periods and under specified conditions;

(c) provide that the Minister may suspend, relax or modify an air quality standard for such period and in such circumstances as may be specified either generally or in relation to a particular area.

(3) Where it appears as a result of monitoring carried out under section 54 , or otherwise, that an air quality standard is being, or is likely to be, exceeded in any part of their functional area, a local authority shall—

(a) include in any air quality management plan prepared by them such objectives as the local authority consider appropriate for the improvement of the quality of the air and for the prevention or limitation of air pollution in the affected area so that within such period as the local authority consider reasonable, or such period as the Minister may direct, the air quality standard will not be exceeded, and

(b) take such other steps as may be appropriate in discharge of their functions under this Act to secure compliance with the air quality standard.

Annotations:

Editorial Notes:

E170

Prospective affecting provision: EPA empowered to make recommendations in relation to prescribing of quality standards for air under section, and required to do so when requested by Minister, as provided by Environmental Protection Agency Act 1992 (7/1992), s. 103(1)(a), not commenced as of date of revision.

E171

Power pursuant to section exercised (28.12.2016) by 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), in effect as per reg. 2.

E172

Power pursuant to section exercised (23.02.2009) by Arsenic, Cadmium, Mercury, Nickel and Polycyclic Aromatic Hydrocarbons in Ambient Air Regulations 2009 (S.I. No. 58 of 2009), in effect as per reg. 2.

E173

Previous affecting provision: power pursuant to section exercised (16.02.2004) by Ozone in Ambient Air Regulations 2004 (S.I. No. 53 of 2004), in effect as per reg. 2; revoked (12.04.2011) by Air Quality Standards Regulations 2011 (S.I. No. 180 of 2011), reg. 27(3), in effect as per reg. 2.

E174

Previous affecting provision: power pursuant to section exercised (17.06.2002) by Air Quality Standards Regulations 2002 (S.I. No. 271 of 2002), in effect as per reg. 2; revoked (12.04.2011) by Air Quality Standards Regulations 2011 (S.I. No. 180 of 2011), reg. 27(2), in effect as per reg. 2.

E175

Previous affecting provision: power pursuant to section exercised (1.10.1987) by Air Pollution Act, 1987 (Air Quality Standards) Regulations 1987 (S.I. No. 244 of 1987), in effect as per reg. 1(2); revoked (31.12.2009) by Air Quality Standards Regulations 2002 (S.I. No. 271 of 2002), reg. 19, in effect as per reg. 19.

Emission limit values.

51

51. (1) The Minister may, for the purposes of this Act, by regulations specify limits (in this Act referred to as “ emission limit values ”) for emissions and different emission limit values may be specified for different areas or classes of areas, different premises or classes of premises, different circumstances or classes of circumstances or for different periods of time.

(2) An emission limit value may relate to a particular pollutant or to a combination of pollutants.

(3) Where a relevant emission limit value is specified in regulations under this section, the occupier of any premises from which the pollutant or, as the case may be, the combination of pollutants, is emitted into the atmosphere shall take such steps as may be necessary to ensure that such emissions do not exceed the emission limit value concerned.

(4) The Minister may give directions to a local authority in relation to the sampling, analysis and measurement methods to be used in determining whether emissions of any pollutant or combination of pollutants comply with an emission limit value specified in relation to that pollutant or combination of pollutants and it shall be the duty of the local authority concerned to comply with any such directions.

(5) Regulations under this section may provide that the Minister may suspend, relax or modify an emission limit value for such period and in such circumstances as may be specified either generally or in relation to premises of a particular class or in relation to a particular area.

Annotations:

Modifications (not altering text):

E176

Prospective affecting provision: EPA empowered to make recommendations in relation to prescribing of quality standards for emission limit values under section, and required to do so when requested by Minister, as provided by Environmental Protection Agency Act 1992 (7/1992), s. 103(1)(b), not commenced as of date of revision.

Editorial Notes:

E177

Power pursuant to section exercised (1.03.1990) by Air Pollution Act 1987 (Emission Limit Value for Use of Asbestos) Regulations 1990 (S.I. No. 28 of 1990), in effect as per reg. 1(2).

E178

Previous affecting provision: power pursuant to section exercised (19.04.2010, 1.12.2010 and 1.06.2015) by Emissions of Volatile Organic Compounds from Organic Solvents (Amendment) Regulations 2010 (S.I. No. 165 of 2010), in effect as per reg. 2; revoked (1.01.2013) by  European Union (Installations and Activities Using Organic Solvents) Regulations 2012 (S.I. No. 565 of 2012), reg. 29(b), in effect as per reg. 2.

E179

Previous affecting provision: power pursuant to section exercised (27.11.2003) by Large Combustion Plant Regulations 2003 (S.I. No. 644 of 2003), in effect as per reg. 1(2); revoked (7.01.2013) by  European Union (Large Combustion Plants) Regulations 2012 (S.I. No. 566 of 2012), reg. 20(a), in effect as per reg. 2, subject to transitional provisions in regs. 8(2)(b), 11(1)(d).

E180

Previous affecting provision: power pursuant to section exercised (30.11.2002) by Emissions of Volatile Organic Compounds from Organic Solvents Regulations 2002 (S.I. No. 543 of 2002), in effect as per reg. 2; revoked with saver (1.01.2013) by European Union (Installations and Activities Using Organic Solvents) Regulations 2012 (S.I. No. 565 of 2012), reg. 29(a), in effect as per reg. 2.

E181

Previous affecting provision: power pursuant to section exercised (1.10.1996) by Air Pollution Act, 1987 (Emission Limit Values for Combustion Plant) Regulations 1996 (S.I. No. 264 of 1996), in effect as per reg. 1(2); revoked (27.11.2003) by Large Combustion Plant Regulations 2003 (S.I. No. 644 of 2003), reg. 14, in effect as per reg. 1(2).

E182

Previous affecting provision: power pursuant to section exercised (1.12.1993) by Air Pollution Act, 1987 (Municipal Waste Incineration) Regulations 1993 (S.I. No. 347 of 1993); revoked (2.05.2013) by European Union (Waste Incineration Plants and Waste Co-Incineration Plants) Regulations 2013 (S.I. No. 148 of 2013), reg. 25(a).

E183

Previous affecting provision: power pursuant to section exercised (1.10.1992) by Air Pollution Act 1987 (Combustion Plant) Regulations 1992  (S.I. No. 273 of 1992), in effect as per reg. 1(2); revoked (1.10.1996) by Air Pollution Act 1987 (Emission Limit Values for Combustion Plant) Regulations 1996 (S.I. No. 264 of 1996), reg. 8, in effect as per reg. 1(2).

Directions by Minister in relation to air pollution.

52

52. (1) The Minister shall, from time to time as occasion demands, issue such general directions as to policy in relation to the prevention and limitation of air pollution as he considers necessary.

(2) In performing their functions under this Act, a local authority and An Bord Pleanála shall have regard to any directions issued by the Minister under this section.

(3) Whenever the Minister gives a direction under this section, he shall—

(a) cause a copy of the direction to be transmitted to each local authority and to An Bord Pleanála,

(b) cause to be published in Iris Oifigiúil a notice of the issue of the direction.

(4) Whenever the Minister causes a notice to be published pursuant to subsection (3) (b), such notice shall specify where a copy of the direction to which it relates may be obtained and the fee (if any) payable in respect of such copy.

Annotations:

Editorial Notes:

E184

Power pursuant to section exercised (28.12.2016) by 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), in effect as per reg. 2.

E185

Power pursuant to section exercised (23.02.2009) by Arsenic, Cadmium, Mercury, Nickel and Polycyclic Aromatic Hydrocarbons in Ambient Air Regulations 2009 (S.I. No. 58 of 2009), in effect as per reg. 2.

E186

Previous affecting provision: power pursuant to section exercised (17.06.2002) by Air Quality Standards Regulations 2002 (S.I. No. 271 of 2002), in effect as per reg. 2; revoked (12.04.2011) by Air Quality Standards Regulations 2011 (S.I. No. 180 of 2011), reg. 27(2), in effect as per reg. 2.

Regulations in relation to fuel.

53

53. (1) The F40[Minister following such consultation with the Agency as he or she considers necessary], for the purpose of preventing or limiting air pollution, may make regulations in relation to—

(a) the standard, specification, composition and contents of any fuel of a type which is used in mechanically propelled vehicles or in mechanically propelled vehicles of a particular class or description or mechanically propelled vehicles in a particular area or a particular class of areas;

(b) the standard, specification, composition and contents of any type of fuel which is burnt in fireplaces or in fireplaces of a particular class or description or in fireplaces in a particular area or particular class of areas;

(c) the production, treatment, importation, F40[placing on the market, distribution, storage or sale] of fuel of any type or description;

F41[(ca) the requirement for a specified person or persons of a class carrying on a specified fuel activity or class of fuel activity to register on the fuels register;]

(d) the burning, or the prohibition of burning, in fireplaces, or in fireplaces of a particular class or description of a fuel, or of a fuel which does not comply with such requirements as may be specified;

(e) the use, or the prohibition of the use, in mechanically propelled vehicles, or in mechanically propelled vehicles of a particular class or description of a fuel, or of a fuel which does not comply with such requirements as may be specified.

(2) Without prejudice to the generality of subsection (1), regulations under this section may—

(a) prohibit the F42[sale, distribution, storage, use] or burning of a fuel which does not conform with such standards as may be specified either generally or in a specified area or class of areas;

(b) specify different standards in relation to different fuels;

(c) specify the tests which shall be conducted to establish whether a fuel complies with the provisions of regulations made under this section;

(d) provide for exemption in such circumstances or in such cases as may be specified from all or any of the provisions of the regulations;

(e) require that specified information in relation to fuels be displayed at such places and in such a manner as may be specified;

(f) provide for the enforcement of the regulations (or of any provision thereof) by persons specified in the regulations and provide for the powers of such persons and any person authorised by such persons;

(g) provide for the issue of certificates by such persons as may be specified;

(h) provide for the keeping of records by specified persons and for the examination of such records;

(i) provide for the examination of such premises, records and vehicles as may be specified and for the requirements that may be made of the owner or other person in charge of premises, records or vehicles so specified for the purpose of such examination;

(j) provide for the taking of samples of fuels at specified premises or from specified vehicles;

(k) provide for the colouring of different fuels to be used in different mechanically propelled vehicles or classes of mechanically propelled vehicles;

(l) provide that any certificate or other evidence given or to be given in respect of any test, examination or analysis of any sample taken or conducted pursuant to the regulations shall be evidence, without further proof, of the result of the test, examination or analysis, until the contrary is shown.

F43[(3) Without prejudice to the generality of subsection (1)(ca), regulations relating to the fuels register may

(a) prohibit the carrying on of a specified fuel activity or class of fuel activity by a specified person or person of a class unless the person is registered on the fuels register;

(b) specify conditions to be satisfied by a specified person or person falling within a class of persons carrying on a specified fuel activity before being entered on the fuels register including conditions relating to—

(i) the information to be furnished to the Agency,

(ii) the nature, scale or location of the fuel activity being carried on, and

(iii) the suitability for purpose of premises or vehicle where specified fuel activity is carried on,

(c) provide for the fee to accompany an application under section 22A(2) to be entered on the fuels register, and

(d) provide for conditions attaching to continued registration on the fuels register including conditions relating to—

(i) the period of time for which registration shall have effect,

(ii) the nature, scale or location of the fuel activity to which the registration relates,

(iii) the notification of the Agency of any change to the nature, scale or location of fuel activity being carried on or to the premises or vehicle concerned, and

(iv) the display of the registration number issued by the Agency under section 22E or other information or its production to specified persons.]

Annotations:

Amendments:

F40

Substituted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 26(a)(i), (ii), S.I. No. 358 of 2015, art. 2.

F41

Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 26(a)(iii), S.I. No. 358 of 2015, art. 2.

F42

Substituted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 26(b), S.I. No. 358 of 2015, art. 2.

F43

Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 26(c), S.I. No. 358 of 2015, art. 2.

Editorial Notes:

E187

Power pursuant to section exercised (31.10.2022) by Air Pollution Act 1987 (Solid Fuels) Regulations 2022 (S.I. No. 529 of 2022), in effect as per reg. 1(2).

E188

Power pursuant to section exercised (27.07.2009) by Waste Management (Prohibition of Waste Disposal by Burning) Regulations 2009 (S.I. No. 286 of 2009).

E189

Power pursuant to section exercised (1.10.1997) by  Air Pollution Act 1987 (Petroleum Vapour Emissions) Regulations 1997 (S.I. No. 375 of 1997), in effect as per reg. 2.

E190

Previous affecting provision: power pursuant to section exercised (1.09.2020) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) (Amendment) Regulations 2020 (S.I. No. 260 of 2020), in effect as per reg. 2; revoked (31.10.2022) by Air Pollution Act 1987 (Solid Fuels) Regulations 2022 (S.I. No. 529 of 2022), reg. 14(f), in effect as per reg. 1(2).

E191

Previous affecting provision: power pursuant to section exercised (17.11.2016) by 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), in effect as per reg. 2; revoked (31.10.2022) by Air Pollution Act 1987 (Solid Fuels) Regulations 2022 (S.I. No. 529 of 2022), reg. 14(e), in effect as per reg. 1(2).

E192

Previous affecting provision: power pursuant to section exercised (8.03.2016) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) (Amendment) Regulations 2016 (S.I. No. 128 of 2016), in effect as per reg. 2; revoked (31.10.2022) by Air Pollution Act 1987 (Solid Fuels) Regulations 2022 (S.I. No. 529 of 2022), reg. 14(d), in effect as per reg. 1(2).

E193

Previous affecting provision: power pursuant to section exercised (21.01.2015, 1.06.2015) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) (Amendment) Regulations 2015 (S.I. No. 30 of 2015), in effect as per reg. 2(1), (2); revoked (31.10.2022) by Air Pollution Act 1987 (Solid Fuels) Regulations 2022 (S.I. No. 529 of 2022), reg. 14(b), in effect as per reg. 1(2).

E194

Power pursuant to section exercised (31.08.2012, 1.05.2012) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 (S.I. No. 326 of 2012), in effect as per regs. 2, 3; revoked (31.10.2022) by Air Pollution Act 1987 (Solid Fuels) Regulations 2022 (S.I. No. 529 of 2022), reg. 14(a), in effect as per reg. 1(2).

E195

Previous affecting provision: power pursuant to section exercised (23.12.2011) by Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) (Amendment) (No. 2) Regulations 2011 (S.I. No. 714 of 2011); revoked (31.08.2012) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 (S.I. No. 326 of 2012), reg. 13(f), in effect as per reg. 2.

E196

Previous affecting provision: power pursuant to section exercised (7.06.2011, 1.08.2011) by Air Pollution Act 1987 (Marketing, Sale and Distribution of Fuels) (Amendment) Regulations 2011 (S.I. No. 270 of 2011), in effect as per reg. 2(1), (2); revoked (31.08.2012) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 (S.I. No. 326 of 2012), reg. 13(e), in effect as per reg. 2.

E197

Previous affecting provision: power pursuant to section exercised (1.05.2008) by Sulphur Content of Heavy Fuel Oil, Gas Oil, and Marine Fuels Regulations 2008 (S.I. No. 119 of 2008), in effect as per reg. 2; revoked (16.06.2014) by European Union (Sulphur Content of Heavy Fuel Oil and Gas Oil) Regulations 2014 (S.I. No. 273 of 2014), reg. 12(a).

E198

Previous affecting provision: power pursuant to section exercised (15.11.2004) by Air Pollution Act 1987 (Marketing, Sale and Distribution of Fuels) (Amendment) Regulations 2004 (S.I. No. 713 of 2004), in effect as per reg. 2; revoked (31.08.2012) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 (S.I. No. 326 of 2012), reg. 13(d), in effect as per reg. 2.

E199

Previous affecting provision: power pursuant to section exercised (10.05.2004) by Air Pollution Act 1987 (Environmental Specifications for Petrol and Diesel Fuels) (Amendment) Regulations 2004 (S.I. No. 202 of 2004), in effect as per reg. 2; revoked (31.03.2011) by  European Communities Act, 1972 (Environmental Specifications for Petrol, Diesel Fuels and Gas Oils for use by non-road mobile machinery, including inland waterway vessels, agricultural and forestry tractors, and recreational craft) Regulations 2011 (S.I. No. 155 of 2011), reg. 19(c), in effect as per reg. 2.

E200

Previous affecting provision: power pursuant to section exercised (1.01.2004) by Air Pollution Act 1987 (Environmental Specifications for Petrol And Diesel Fuels) Regulations 2003 (S.I. No. 541 of 2003), in effect as per reg. 2; revoked (31.03.2011) by European Communities Act, 1972 (Environmental Specifications for Petrol, Diesel Fuels and Gas Oils for use by non-road mobile machinery, including inland waterway vessels, agricultural and forestry tractors, and recreational craft) Regulations 2011 (S.I. No. 155 of 2011), reg. 19(b), in effect as per reg. 2.

E201

Previous affecting provision: power pursuant to section exercised (1.10.2003) by Air Pollution Act 1987 (Marketing, Sale and Distribution of Fuels) (Amendment) Regulations 2003 (S.I. No. 111 of 2003), in effect as per reg. 2; revoked (31.08.2012) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 (S.I. No. 326 of 2012), reg. 13(c), in effect as per reg. 2.

E202

Previous affecting provision: power pursuant to section exercised (1.06.2001) by Air Pollution Act, 1987 (Environmental Specifications for Petrol and Diesel Fuels) (Amendment) Regulations, 2001 (S.I. No. 234 of 2001), in effect as per reg. 2; revoked (1.01.2004) by Air Pollution Act 1987 (Environmental Specifications for Petrol And Diesel Fuels) Regulations 2003 (S.I. No. 541 of 2003), reg. 13(1)(b), in effect as per reg. 2.

E203

Previous affecting provision: power pursuant to section exercised (30.01.2001) by Air Pollution Act, 1987 (Sulphur Content of Heavy Fuel Oil and Gas Oil) Regulations 2001 (S.I. No. 13 of 2001), in effect as per reg. 2; revoked (1.05.2008) by Sulphur Content of Heavy Fuel Oil, Gas Oil, and Marine Fuels Regulations 2008 (S.I. No. 119 of 2008), reg. 16(1), in effect as per reg. 2.

E204

Previous affecting provision: power pursuant to section exercised (1.10.2000) by Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) (Amendment) Regulations 2000 (S.I. No. 278 of 2000), in effect as per reg. 2; revoked (31.08.2012) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 (S.I. No. 326 of 2012), reg. 13(b), in effect as per reg. 2.

E205

Previous affecting provision: power pursuant to section exercised (31.03.2000) by Air Pollution Act, 1987 (Environmental Specifications for Petrol and Diesel Fuels) Regulations 2000 (S.I. No. 72 of 2000), in effect as per reg. 2; revoked (1.01.2004) by Air Pollution Act 1987 (Environmental Specifications for Petrol And Diesel Fuels) Regulations 2003 (S.I. No. 541 of 2003), reg. 13(2)(b), in effect as per reg. 13(2).

E206

Previous affecting provision: power pursuant to section exercised (30.12.1999) by Air Pollution Act, 1987 (Environmental Specifications for Petrol and Diesel Fuels) Regulations 1999 (S.I. No. 407 of 1999), in effect as per reg. 2; revoked (31.03.2011) by European Communities Act, 1972 (Environmental Specifications for Petrol, Diesel Fuels and Gas Oils for use by non-road mobile machinery, including inland waterway vessels, agricultural and forestry tractors, and recreational craft) Regulations 2011 (S.I. No. 155 of 2011), reg. 19(a), in effect as per reg. 2.

E207

Previous affecting provision: power pursuant to section exercised (1.10.1998) by Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) Regulations 1998 (S.I. No. 118 of 1998), in effect as per reg. 1(2); revoked (31.08.2012) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 (S.I. No. 326 of 2012), reg. 13(a), in effect as per reg. 2.

E208

Previous affecting provision: power pursuant to section exercised (13.03.1995) by Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) (Cork) Regulations 1994 (S.I. No. 403 of 1994), in effect as per reg. 1(2); revoked (1.10.1998) by Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) Regulations 1998 (S.I. No. 118 of 1998), reg. 10, in effect as per reg. 1(2).

E209

Previous affecting provision: power pursuant to section exercised (1.10.1994) by Air Pollution Act, 1987 (Sulphur Content of Gas Oil) Regulations 1994 (S.I. No. 256 of 1994), in effect as per reg. 2; revoked (30.01.2001) by Air Pollution Act, 1987 (Sulphur Content of Heavy Fuel Oil and Gas Oil) Regulations 2001 (S.I. No. 13 of 2001), reg. 10, in effect as per reg. 2.

E210

Previous affecting provision: power pursuant to section exercised (19.10.1993) by Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) (Amendment) Regulations 1993 (S.I. No. 297 of 1993); revoked (1.10.1998) by Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) Regulations 1998 (S.I. No. 118 of 1998), reg. 10, in effect as per reg. 1(2).

E211

Previous affecting provision: power pursuant to section exercised (18.10.1993) by Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) (Cork) Regulations 1993 (S.I. No. 294 of 1993), in effect as per reg. 1(2); revoked (13.02.1995) by Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) (Cork) Regulations 1994 (S.I. No. 403 of 1994), reg. 9, in effect as per reg. 1(2).

E212

Previous affecting provision: power pursuant to section exercised (1.11.1992) by Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) Regulations 1992  (S.I. No. 274 of 1992), in effect as per reg. 1(3); revoked (1.10.1998) by Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) Regulations 1998 (S.I. No. 118 of 1998), reg. 10, in effect as per reg. 1(2).

E213

Previous affecting provision: power pursuant to section exercised (1.09.1990) by Air Pollution Act 1987 (Marketing, Sale and Distribution of Fuels) Regulations 1990 (S.I. No. 123 of 1990), in effect as per reg. 1(2); revoked (1.10.1998) by Air Pollution Act 1987 (Marketing, Sale and Distribution of Fuels) Regulations 1998 (S.I. No. 118 of 1998), reg. 10, in effect as per reg. 1(2).

E214

Previous affecting provision: power pursuant to section exercised (1.01.1990) by  Air Pollution Act 1987 (Retail Sale of Fuels) Regulations 1989 (S.I. No. 333 of 1989), in effect as per reg. 1(2); revoked (1.09.1990) by Air Pollution Act 1987 (Marketing, Sale and Distribution of Fuels) Regulations 1990 (S.I. No. 123 of 1990), reg. 9, in effect as per reg. 1(2).

E215

Previous affecting provision: power pursuant to section exercised (1.07.1989) by  Air Pollution Act 1987 (Sulphur Content of Gas Oil) Regulations 1989 (S.I. No. 168 of 1989), in effect as per reg. 1(2); revoked (1.10.1994) by Air Pollution Act, 1987 (Sulphur Content of Gas Oil) Regulations 1994 (S.I. No. 256 of 1994), reg. 6, in effect as per reg. 2.

PART VI

Miscellaneous

Monitoring of air quality and emissions.

54

54. (1) A local authority shall carry out, or cause to be carried out, such monitoring of—

(a) air quality, and

(b) the nature, extent and effects of emissions,

as the local authority may consider necessary for the performance of their functions under this Act or as they may be directed by the Minister to carry out.

(2) A local authority shall keep and maintain. or cause to be kept and maintained, such records of any monitoring carried out under subsection (1) as they consider reasonable and necessary.

(3) A local authority may require the occupier of any premises, other than a private dwelling, from which there is an emission to carry out such monitoring of the nature, extent and effect of the emission and of the air quality as the local authority consider necessary and to keep and to supply to the local authority such records of the monitoring as the local authority consider necessary.

(4) A local authority shall, if so directed by the Minister, supply to him or to any person specified by him at such intervals and in such manner as the Minister may direct records of any monitoring carried out under this section.

(5) Where an air quality standard applies to their functional area or to any part thereof, the local authority shall, in relation to the area of application of the air quality standard, make such arrangements for monitoring as may be necessary so that the local authority can determine if the air quality standard is being complied with.

(6) The Minister may give directions to a local authority in relation to—

(a) the number and location of places within an area at which monitoring is to be carried out,

(b) the manner in which sampling, measuring and analysing for the purposes of this section is to be carried out,

(c) the equipment to be used for the purposes of such sampling, measuring or analysing,

and the local authority shall comply with every such direction of the Minister.

(7) The Minister may monitor, or make such arrangements for the monitoring of, air pollution as seem to him to be necessary or desirable.

Annotations:

Modifications (not altering text):

C39

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