Air Pollution Act 1987



34. (1) Any person may, at any time before the expiration of the prescribed period, appeal to F39[the Agency] in relation to the granting or refusing of a licence under section 32, or to the granting of a revised licence under section 33.

(2) F39[The Agency], after consideration of an appeal under this section, shall either (as it thinks proper) refuse the appeal or give appropriate directions to the local authority concerned relating to the granting or refusing of a licence, and, where such directions are given, the local authority concerned shall, as soon as may be after the receipt of the directions, comply with them.

(3) The Minister may, by regulations, make provision for any matter of procedure in relation to an appeal under this section.

(4) Regulations under this section may contain such incidental, supplemental, consequential and transitional provisions (including modification or application of any provision of the Local Government (Planning and Development) Acts, 1963 to 1983) as appear to the Minister to be necessary.




Substituted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), ss. 25(1)(a), (b), S.I. No. 358 of 2015, subject to transitional provision in subs. (2).

Editorial Notes:


Transitional provision for appeal under section made by Environmental Protection Agency Act 1992 (7/1992), s. 99G(6) as inserted (12.07.2004) by Protection of the Environment Act 2003 (15/2003), s. 15, S.I. No. 393 of 2004.


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: transitional arrangements provided (23.04.1992) by Environmental Protection Agency Act 1992 (7/1992), s. 99(6), commenced on enactment; section substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.