Air Pollution Act 1987

Best practicable means.


5. (1) Subject to subsection (3), a reference in this Act to the use of the best practicable means to prevent or limit an emission shall be construed as meaning the provision and proper maintenance, use, operation and supervision of facilities which, having regard to all the circumstances, are the most suitable for such prevention or limitation.

(2) In considering whether facilities are the most suitable for the prevention or limitation of an emission, regard shall be had—

(a) in the case of industrial plant, other than existing industrial plant, to—

(i) the current state of technical knowledge, and

(ii) the requirements of the environment, and

(iii) the costs which would be incurred in providing, maintaining, using, operating and supervising the facilities concerned, and

(b) in any other case, in addition to the matters specified in paragraph (a) (i), (ii) and (iii), to—

(i) the nature, extent and effect of the emission concerned, and

(ii) the age of the existing industrial plant or other premises, the nature of the facilities installed therein and the period during which the plant or other premises is likely to be used or to continue in operation, and

(iii) the costs which would be incurred in renovating the plant or other premises, or of renovating or replacing the facilities therein, in relation to the economic situation of undertakings or enterprises of the class concerned.

(3) The Minister may, from time to time as occasion demands, issue directions specifying the best practicable means for preventing or limiting such emission as may be specified in the direction either generally, or from premises of a particular class or description, and regard shall be had, in the administration of this Act, to any such directions.

(4) Whenever the Minister issues a direction under subsection (3), he shall cause as soon as may be—

(a) a copy of such direction to be sent to each local authority and to An Bord Pleanála,

(b) notice of the issue of the direction to be published in Iris Oifigiúil, and

(c) a copy of the direction to be made available, on payment of such fee (if any) as may be fixed by the Minister, to every person who makes application for such a copy.

F1[(4A) Directions under subsection (3) shall not be issued in relation to an activity for the purposes of the Environmental Protection Agency Act 1992, or in relation to any process, development or operation as regards which an order has been made, and remains in force, under section 99B of the said Act.]

(5) In this section “ facilities ” means machinery, plant, equipment, appliances, apparatus, buildings and other structures.




Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 60, S.I. No. 393 of 2004, art. 2.

Editorial Notes:


Previous affecting provision: power pursuant to section exercised (1.12.1993) by Air Pollution Act, 1987 (Municipal Waste Incineration) Regulations 1993 (S.I. No. 347 of 1993); revoked (2.05.2013) by  European Union (Waste Incineration Plants and Waste Co-Incineration Plants) Regulations 2013 (S.I. No. 148 of 2013), reg. 25(a).


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).


Direction by Environmental Protection Agency may cease to have effect in certain circumstances as provided (23.04.1992) by Environmental Protection Agency Act 1992 (7/1992), s. 5(3), commenced on enactment.


Previous affecting provision: subs. (4A) inserted (23.04.1992) by Environmental Protection Agency Act 1992 (7/1992), s. 5(5), commenced on enactment; substituted as per F-note above.