Air Pollution Act 1987

Regulations regarding licences.


31. (1) The Minister shall, by regulations, provide for the grant of licences by local authorities to persons who apply to the local authority concerned and who comply with the requirements of, or made pursuant to, the regulations in relation to such applications.

(2) Without prejudice to the generality of subsection (1), regulations under this section may make provision for all or any of the following:

(a) the form of application and of licence;

(b) the publication by applicants of such notices as may be specified;

(c) specifying the plans, documents and other information and particulars to be submitted by applicants;

(d) requiring applicants to furnish such additional information or particulars relating to their applications as the local authority may request;

(e) requiring the production of evidence to verify any information and particulars given by an applicant;

(f) requiring local authorities to furnish to the Minister and to any other specified persons any specified information in relation to any applications and the manner in which they have been dealt with, or to publish any specified notices in relation to applications for, and the granting or refusing of, licences;

(g) specifying the period within which applications shall be dealt with by local authorities;

(h) requiring an applicant to defray or contribute towards the cost of any investigation carried out by a local authority in relation to an application.

(3) (a) A person who, in relation to an application for a licence, or for a review of a licence, under this Act, or in relation to an appeal arising from such an application, makes a statement in writing which to his knowledge is false or misleading in a material respect, shall be guilty of an offence.

(b) Where a person is convicted of an offence under this subsection, any licence issued to that person consequent on the application or appeal in relation to which the information was furnished shall stand revoked from the date of the conviction.

(4) A defrayment or contribution the payment of which is required under regulations made under this section shall be payable on demand and, in default of being so paid, shall be recoverable as a simple contract debt in a court of competent jurisdiction.


Modifications (not altering text):


Application of section and regulations made thereunder restricted (1.05.2007) by European Communities (Access to Information on the Environment) Regulations 2007 (S.I. No. 133 of 2007), reg. 4(2)(b), in effect as per reg. 1(2).


4. (1) These Regulations apply to environmental information other than, subject to sub-article (2), information that, under any statutory provision apart from these Regulations, is required to be made available to the public, whether for inspection or otherwise

(2) Notwithstanding— ...

(b) sections 10 and 31 of the Air Pollution Act 1987 (No. 6 of 1987) and any regulations made thereunder, and


environmental information held by, or on behalf of, a public authority shall be made available in accordance with these Regulations.

Editorial Notes:


Power pursuant to section exercised (1.11.1988) by Air Pollution Act, 1987 (Licensing of Industrial Plant) Regulations 1988 (S.I. No. 266 of 1988), in effect as per reg. 2.


Previous affecting provision: application of section and regulations made thereunder restricted (1.05.1998) by European Communities Act, 1972 (Access to Information on the Environment) Regulations 1998 (S.I. No. 125 of 1998), reg. 5(2), as per reg 2; revoked (1.05.2007) by S.I. No. 133 of 2007, reg. 2(2), in effect as per reg. 1(2).


Previous affecting provision: power pursuant to section exercised (1.10.1992) by Air Pollution Act 1987 (Combustion Plant) Regulations 1992  (S.I. No. 273 of 1992), in effect as per reg. 1(2); revoked (1.10.1996) by Air Pollution Act 1987 (Emission Limit Values for Combustion Plant) Regulations 1996 (S.I. No. 264 of 1996), reg. 8, in effect as per reg. 1(2).