Air Pollution Act 1987
Powers of authorised person.
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.