Air Pollution Act 1987

Number 6 of 1987

AIR POLLUTION ACT 1987

REVISED

Updated to 31 October 2022

This Revised Act is an administrative consolidation of the Air Pollution Act 1987. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Development (Emergency Electricity Generation) Act 2022 (35/2022), enacted 29 October 2022, and all statutory instruments up to and including the Air Pollution Act 1987 (Solid Fuels) Regulations 2022 (S.I. No. 529 of 2022), made 20 October 2022, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

Number 6 of 1987

AIR POLLUTION ACT 1987

REVISED

Updated to 31 October 2022

ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section
1.	Short title.
2.	Commencement.
3.	Non application of Act.
4.	Air pollution.
5.	Best practicable means.
6.	Industrial plant and existing industrial plant.
7.	Interpretation generally.
8.	Application of Act to premises belonging to State.
9.	Repeals.
10.	Regulations.
11.	Offences.
12.	Penalties.
12A.	Fixed payment notice.
12B.	Fixed payment notice for certain offences relating to paints, varnishes and vehicle refinishing products or activities.
12C.	Fixed payment notice for offence relating to organic solvents.
13.	Prosecution of offences.
14.	Powers of authorised person.
15.	Service of notices.
16.	Obligation to give information.
17.	The register.
18.	Research into air pollution.
19.	Expenses.
20.	Consultation by local authorities.
21.	Transfer of functions.
22.	Power to make charges in relation to emissions.

PART IA

Fuels Register

22A.	Registration on fuels register.
22B.	Tax clearance certificate.
22C.	Appeals relating to fuels register.
22D.	Removal from fuels register.
22E.	Further matters relating to fuels register.
22F.	Authorised person for purpose of fuels register.

PART II

General Provisions relating to Air Pollution

23.	Prohibition on certain emissions.
24.	Obligation to prevent air pollution.
25.	Prohibition on emission of smoke.
26.	Power of local authority to require measures to be taken to prevent or limit air pollution.
27.	Power of local authority to take steps to prevent or limit air pollution.
28.	Power of High Court in relation to air pollution.
28A.	Remedies for unauthorised emissions.
28B.	Civil liability for pollution.
29.	Notification of incident causing air pollution.

PART III

Licensing of Industrial Plant

30.	Licence to operate industrial plant.
31.	Regulations regarding licences.
32.	Grant of licences.
33.	Review of licences.
34.	Appeals.
35.	Fees.
36.	Limit on duration of licence.
37.	Change of ownership of industrial plant.
38.	Alterations at industrial plant.

PART IV

Special Control Areas

39.	Special control areas.
40.	Special control area orders.
41.	Confirmation of special control area order.
42.	Oral hearings.
43.	Relaxation or suspension of special control area order.
44.	Power of local authority to require alterations to premises.
45.	Financial assistance for certain works.

PART V

Air Quality Management Plans and Standards

46.	Air quality management plans.
47.	Power of Minister in relation to an air quality management plan.
48.	Publication of notices in relation to air quality management plans.
49.	Duty of local authority on making, varying or replacing an air quality management plan.
50.	Air quality standards.
51.	Emission limit values.
52.	Directions by Minister in relation to air pollution.
53.	Regulations in relation to fuel.

PART VI

Miscellaneous

54.	Monitoring of air quality and emissions.
55.	Power of court to authorise works.
56.	Application of Local Government (Planning and Development) Act, 1963.
57.	Transitional provisions in relation to alkali, etc. work.
58.	Transitional provisions in relation to certain licensable works.
59.	Savers.

FIRST SCHEDULE

Pollutants to which Act Applies

SECOND SCHEDULE

Part I

Enactments repealed

Part II

Statutory Instruments repealed

THIRD SCHEDULE

Industrial Processes to which Act Applies

Acts Referred to
Alkali, etc. Works Regulation Act, 1906	6 Edw. 7, c. 14
Companies Acts, 1963 to 1986
Criminal Procedure Act, 1967	1967, No. 12
County Management Acts, 1940 to 1985
Local Government (Planning and Development) Act, 1963	1963, No. 28
Local Government (Planning and Development) Acts, 1963 to 1983
Local Government (Sanitary Services) Act, 1962	1962, No. 26
Local Government Services (Corporate Bodies) Act, 1971	1971, No. 6
Petty Sessions (Ireland) Act, 1851	14 & 15 Vict. c. 93
Public Health (Ireland) Act, 1878	41 & 42 Vict. c. 52
Safety in Industry Acts, 1955 and 1980

Number 6 of 1987

AIR POLLUTION ACT 1987

REVISED

Updated to 31 October 2022

AN ACT TO PROVIDE FOR THE CONTROL OF AIR POLLUTION AND OTHER MATTERS CONNECTED WITH AIR POLLUTION. [10th June, 1987]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

Functions transferred and references construed (22.07.2016) by Climate Action and Environment (Transfer of Departmental Administration and Ministerial Functions) Order 2016 (S.I. No. 393 of 2016), arts. 2, 3 and sch., , in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Communications, Energy and Natural Resources.

(2) References to the Department of the Environment, Community and Local Government contained in any Act or any instrument made under an Act and relating to the administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Communications, Energy and Natural Resources.

3. (1) The functions conferred on the Minister for the Environment, Community and Local Government by or under any of the provisions of—

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Communications, Energy and Natural Resources.

(2) References to the Minister for the Environment, Community and Local Government contained in any Act or instrument made under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Communications, Energy and Natural Resources.

Schedule 1

Article 3(1)(a)

Enactments, functions by or under which are transferred from the Minister for the Environment, Community and Local Government to the Minister for Communications, Energy and Natural Resources.

Air Pollution Act 1987 (No. 6 of 1987)

...

Application of Act restricted (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), reg. 42(22), in effect as per reg. 1(3). The Air Pollution Act 1987 is listed in sch. 2.

Screening for Appropriate Assessment and Appropriate Assessment of implications for European Sites

42.

...

(22) Notwithstanding any provision of any statute listed in the Second Schedule that provides for the consent for a plan or project to which this Regulation applies to be obtained by default on the failure of the public authority to provide a response within a specified timescale or otherwise, that provision shall not have effect in respect of any plan or project to which this Regulation applies.

...

Editorial Notes:

Minister granted power by order to extend certain powers under Act to the Environmental Protection Agency (22.01.1996) by Environmental Protection Agency Act 1992 (7/1992), s. 101, S.I. No. 13 of 1996.

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Air Pollution Act 1987