Air Pollution Act 1987
Obligation to give information.
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):
C20
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). |
|
... |
... |
... |
C21
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)
C22
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).