Air Pollution Act 1987

Power of local authority to require measures to be taken to prevent or limit air pollution.

26

26. — (1) Where it appears to a local authority that it is necessary so to do in order to prevent or to limit air pollution, the local authority may serve a notice under this section on the occupier of any premises from which there is an emission.

(2) In considering whether a notice should be served under this section, a local authority shall have regard to—

(a) any air quality management plan in relation to the area in which the premises are situate,

(b) any special control area order in operation in relation to the area in which the premises are situate,

(c) any relevant emission limit value,

(d) any relevant air quality standard,

(e) the availability of the means necessary for compliance with the notice, and

(f) the expense which would be incurred in complying with the notice.

(3) A notice pursuant to this section shall—

(a) specify the measures which appear to the local authority serving the notice to be necessary in order to prevent or to limit air pollution,

(b) direct the person on whom the notice is served to take such measures as may be specified in the notice to prevent or to limit air pollution, and

(c) specify a period (being not less than fourteen days commencing on the date of the service of the notice) within which such measures are to be taken.

(4) A notice under this section—

(a) may be served whether or not there has been a prosecution for an offence under this Act in relation to the emission concerned;

(b) shall not prejudice the initiation of a prosecution under this Act for an offence relating to the emission concerned.

(5) A person on whom a notice under this section has been served may, within such period as may be specified in the notice, make such representations in writing as he thinks fit to the local authority concerning the terms of the notice, and the local authority, having considered any such representations, may amend or revoke the notice.

(6) A person on whom a notice under this section has been served shall, within the period specified, comply with the requirements of the notice, or, as the case may be, the notice as amended.

(7) If a person on whom a notice under this section has been served does not, within the period specified in the notice or in the notice as amended, as the case may be, comply with the requirements of the notice, the local authority who served the notice may take such steps as they consider reasonable and necessary to secure compliance with the notice and may recover any expense thereby incurred from the person on whom the notice was served as a simple contract debt in any court of competent jurisdiction.

Annotations:

Modifications (not altering text):

C27

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 26 (4)

"(4) A notice under this section

( a ) may be served whether or not there has been a prosecution for an offence under Part IV of the Environmental Protection Agency Act, 1992 or this Act in the case of an emission from an activity in respect of which a licence or revised licence under that Part of that Act is in force or, in any other case, a prosecution for an offence under this Act in relation to the emission concerned:

( b ) shall not prejudice the initiation of a prosecution under Part IV of the Environmental Protection Agency Act, 1992 or this Act in the case of an activity in respect of which a licence or revised licence under that Part of that Act is in force or, in any other case, a prosecution under this Act relating to the emission concerned.".

…

C28

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 26 (4)

"(4) A notice under this section—

( a ) may be served whether or not there has been a prosecution for an offence under Part IV of the Environmental Protection Agency Act, 1992 or this Act in the case of an emission from an activity in respect of which a licence or revised licence under that Part of that Act is in force or, in any other case, a prosecution for an offence under this Act in relation to the emission concerned;

( b ) shall not prejudice the initiation of a prosecution under Part IV of the Environmental Protection Agency Act, 1992 or this Act in the case of an activity in respect of which a licence or revised licence under that Part of that Act is in force or, in any other case, a prosecution under this Act relating to the emission concerned.".

…