Air Pollution Act 1987

Monitoring of air quality and emissions.

54

54. — (1) A local authority shall carry out, or cause to be carried out, such monitoring of—

(a) air quality, and

(b) the nature, extent and effects of emissions,

as the local authority may consider necessary for the performance of their functions under this Act or as they may be directed by the Minister to carry out.

(2) A local authority shall keep and maintain. or cause to be kept and maintained, such records of any monitoring carried out under subsection (1) as they consider reasonable and necessary.

(3) A local authority may require the occupier of any premises, other than a private dwelling, from which there is an emission to carry out such monitoring of the nature, extent and effect of the emission and of the air quality as the local authority consider necessary and to keep and to supply to the local authority such records of the monitoring as the local authority consider necessary.

(4) A local authority shall, if so directed by the Minister, supply to him or to any person specified by him at such intervals and in such manner as the Minister may direct records of any monitoring carried out under this section.

(5) Where an air quality standard applies to their functional area or to any part thereof, the local authority shall, in relation to the area of application of the air quality standard, make such arrangements for monitoring as may be necessary so that the local authority can determine if the air quality standard is being complied with.

(6) The Minister may give directions to a local authority in relation to—

(a) the number and location of places within an area at which monitoring is to be carried out,

(b) the manner in which sampling, measuring and analysing for the purposes of this section is to be carried out,

(c) the equipment to be used for the purposes of such sampling, measuring or analysing,

and the local authority shall comply with every such direction of the Minister.

(7) The Minister may monitor, or make such arrangements for the monitoring of, air pollution as seem to him to be necessary or desirable.

Annotations:

Modifications (not altering text):

C39

Application of section modified (27.05.1996) by Environmental Protection Agency (Extension of Powers) Order 1996 (S.I. No. 126 of 1996), art. 10, in effect as per art. 2.

10. The provisions of the Act of 1987 which are specified in the Table hereunder as modified by this Order shall apply (subject to any qualification included in the Table) to the Agency in lieu of the local authority for the purposes of the prevention or limitation, or the remedying of the effects, as the case may be, of air pollution from an activity, other than an activity to which section 99 (2) of the Act applies, in respect of which a licence or revised licence under Part IV of the Act is in force.

Table

Air Pollution Act 1987

Section

Provision or Qualification

7

Subsection (1) for the purpose of the appointment of "authorised persons".

11

The whole section.

12

The whole section.

13

Subsections (1), (3) and (4).

14

The whole section.

15

The whole section.

16

Paragraphs (a) and (b) of subsection (1) and subsections (2), (3) and (4).

24

The whole section.

26

The whole section.

28

Subsections (4) and (6).

54

Subsections (1), (2), (3) and (4).

11. For the purposes of article 10, a function conferred on a local authority or anything required to be done in relation to a local authority under any of the provisions of the Act of 1987 specified in that article, shall, as the case may be, be exercised by, or done in relation to, the Agency in lieu of the local authority.

12. (1) For the purposes of articles 10 and 11, for references to "local authority" in any of the provisions therein referred to (other than section 13 (1) (b) of the Act of 1987) there shall be substituted the following—

"the Environmental Protection Agency, in the case of an activity in respect of which a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992, is in force, and, in any other case, a local authority",

and cognate words shall be construed accordingly.

(2) For the purposes of articles 10 and 11, the provisions of the Act of 1987 which are specified in the said articles shall apply as modified in the manner set out in the Second Schedule.

SECOND SCHEDULE

Modifications of the Air Pollution Act, 1987

The provisions of the Air Pollution Act, 1987 as modified for the purposes of article 12 (2) are set out as follows—

… (none relevant to this section)

C40

Application of section modified (1.08.1994) by Environmental Protection Agency (Extension of Powers) Order 1994 (S.I. No. 206 of 1994), art 10, in effect as per art. 2.

10. The provisions of the Act of 1987 which are specified in the Table hereunder as modified by this Order shall apply (subject to any qualification included in the Table) to the Agency in lieu of the local authority for the purposes of the prevention or limitation, or the remedying of the effects, as the case may be, of air pollution from an activity, other than an activity to which section 99 (2) of the Act applies, in respect of which a licence or revised licence under Part IV of the Act is in force.

Table

Air Pollution Act 1987

Section

Provision

7

Subsection (1) for the purpose of the appointment of "authorised persons".

11

The whole section

12

The whole section

13

Subsections (1), (3) and (4).

14

The whole section

15

The whole section

16

Paragraphs (a) and (b) of subsection (1) and subsections (2), (3) and (4).

24

The whole section

26

The whole section

28

The whole section

28A

Subsections (4) and (6).

54

Subsections (1), (2), (3) and (4).

11. For the purposes of article 10, a function conferred on a local authority or anything required to be done in relation to a local authority under any of the provisions of the Act of 1987 specified in that article, shall, as the case may be, be exercised by, or done in relation to, the Agency in lieu of the local authority.

12. (1) For the purposes of articles 10 and 11, for references to "local authority" in any of the provisions therein referred to (other than section 13 (1) (b) of the Act of 1987) there shall be substituted the following—

"the Environmental Protection Agency, in the case of an activity in respect of which a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992, is in force, and, in any other case, a local authority",

and cognate words shall be construed accordingly.

(2) For the purposes of articles 10 and 11, the provisions of the Act of 1987 which are specified in the said articles shall apply as modified in the manner set out in the Second Schedule.

SECOND SCHEDULE

Modifications of the Air Pollution Act, 1987

The provisions of the Air Pollution Act, 1987 as modified for the purposes of article 12 (2) are set out as follows—

… (none relevant to this section).

Editorial Notes:

E216

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).

E217

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).