Air Pollution Act 1987

Regulations.

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

(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):

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.

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)

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.

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).

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

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.

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Air Pollution Act 1987