Air Pollution Act 1987
Grant of licences.
32. — (1) Where
(a) an application is made to a local authority in accordance with regulations under section 31 for a licence under this Act,
(b) the requirements of, or made pursuant to, such regulations have been complied with,
the local authority may, subject to section 35 (2), decide to grant the licence subject to, or without, conditions or to refuse the application.
(2) In considering an application for a licence under this Act, the local authority shall have regard to—
(a) any air quality management plan in force in relation to the area concerned, and
(b) any special control area order in operation in relation to that area.
F38[(3) A local authority shall not grant a licence in relation to industrial plant unless they are satisfied that—
(a) the best practicable means will be used to prevent or limit any emissions from the plant,
(b) any emissions from the plant will comply with any relevant emission limit value,
(c) any emissions from the plant will not result in the contravention of any relevant air quality standard,
(d) any emissions from the plant will not cause significant air pollution,
and, where appropriate, the local authority shall attach conditions relating to the matters specified in paragraphs (a), (b), (c) and (d) to the licence.]
(4) Without prejudice to the generality of subsections (1) and (3), conditions attached to a licence under this Act may—
(a) specify the nature, composition, temperature, volume, rate and location of an emission;
(b) specify the periods during which an emission may, or may not, be made;
(c) specify a concentration of a pollutant in the ambient air, or a deposition rate, which shall not be exceeded;
(d) specify any matters relating to the design, construction and height of the chimneys, flues, stacks or other outlets through which an emission is to be made;
(e) specify the means (including the provision, operation, maintenance and supervision of plant, equipment and other facilities and the use of specified procedures) to be used for controlling an emission;
(f) require the provision, operation and maintenance of meters, gauges and other apparatus and other means for monitoring the nature, extent and effects of emissions;
(g) require the taking and analysis of samples, the making of measurements, the keeping of records and the furnishing of information to the local authority or to any other person who may be specified;
(h) specify the measures to be taken if there is a breakdown at industrial plant which may affect emissions from the plant;
(i) specify the type of fuel to be, or not to be, used, as the case may be;
(j) require the making of payments to the local authority concerned in relation to costs which may be incurred in monitoring, or otherwise in relation to, emissions;
(k) specify the latest date for complying with any conditions which are attached.
(5) Whenever a local authority, having considered an application for a licence under this Act, decide that—
(a) the licence shall be granted, they shall forthwith notify the applicant of the decision and of any conditions which may be attached to the licence and of the reasons for the attachment of any such conditions, or
(b) the licence shall not be granted, they shall forthwith notify the applicant of the decision and of the reasons for the decision.
Substituted (23.04.1992) by Environmental Protection Agency Act 1992 (5/1992), s. 18(2) and sch. 3 para. 3, commenced on enactment.
Provision for costs of certain proceedings under section to be borne by each party in certain circumstances made (23.08.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), ss. 3, 4, 5, 6, 7, S.I. No. 433 of 2011.