Air Pollution Act 1987
Prosecution of offences.
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):
C14
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,".
...
C15
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.