Air Pollution Act 1987

Publication of notices in relation to air quality management plans.

48

48. (1) Where a local authority propose to make, vary or replace an air quality management plan, the local authority shall cause to be published in at least one newspaper circulating in their functional area a notice of the proposal, as the case may be, to make, vary or replace the plan.

(2) A notice under subsection (1) shall state that—

(a) a copy of the proposed plan or, as the case may be, of the variation to the plan may be inspected at a stated place and at stated times during a stated period;

(b) representations in relation to the proposed plan or to the proposed variation of the plan made to the local authority within the stated period will be taken into consideration before the making of the plan or, as the case may be, the variation of the plan (and any such representations shall be taken into consideration accordingly).

(3) When the local authority have considered any representations duly made to them within the period stated in the notice under subsection (2), the local authority may, as they think fit, make, vary or replace the plan with or without amendment.

(4) (a) Any person may request a local authority for a copy, or extract, of an air quality management plan and the local authority shall comply with such request.

(b) A document purporting to be a copy of an air quality management plan or to be an extract from such plan and to be certified by an officer of a local authority as a true copy shall be prima facie evidence of the plan or extract, as the case may be, and it shall not be necessary to prove the signature of such officer or that he was in fact such officer.

(c) Evidence of an air quality management plan or of an extract from such plan may be given by production of a copy thereof certified pursuant to this subsection and it shall not be necessary to produce the plan itself.

(d) Where a request is made to a local authority for a copy under this subsection, the copy shall be issued to the applicant on payment by him to the local authority of such fee (if any) as they shall fix not exceeding the reasonable cost of making the copy.

Annotations

Editorial Notes:

E165

Prospective affecting provision: qualified power granted to Minister to modify section by order by Environmental Protection Agency Act 1992 (7/1992), s. 102(2), not commenced as of date of revision.