Air Pollution Act 1987
F30[Removal from fuels register
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.]
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).