Air Pollution Act 1987

PART I Preliminary and General

1. Short title.

2. Commencement.

3. Non application of Act.

(i)the disposal at sea of a substance by deliberate combustion for thermal destruction, or

(ii)the use of any radioactive substance or device.

4. Air pollution.

(i)be injurious to public health, or

(ii)have a deleterious effect on flora or fauna or damage property, or

(iii)impair or interfere with amenities or with the environment.

5. Best practicable means.

(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 undersubsection (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.

6. Industrial plant and existing industrial plant.

(2)In this Act “ existing industrial plant ” means industrial plant—

(a)in respect of which a permission under Part IV of the Local Government (Planning and Development) Act, 1963, is granted prior to such day (in this subsection referred to as “ the relevant day ”) as may be prescribed by the Minister, or

(b)which is, on the day immediately prior to the relevant day, or was, at any time during the period of twelve months ending on the day immediately prior to the relevant day, used for the purposes of, or incidental to, any industrial process specified in the Third Schedule, other than industrial plant which is an unauthorised structure or the use of which constitutes an unauthorised use.

(3)The Minister may, by regulations, vary, by the addition or deletion of any industrial process, the Third Schedule.

(4)In this section “ unauthorised structure ” and “ unauthorised use ” have the meanings assigned to them by the Local Government (Planning and Development) Act, 1963.

7. Interpretation generally.

F2[“Agency”means the Environmental Protection Agency;]

“ air quality management plan ” has the meaning specified in section 46;

“ air quality standard ” means a standard prescribed for the purposes of this Act by the Minister pursuant to section 50;

“ authorised fireplace ” means a fireplace declared to be an authorised fireplace by the Minister in regulations under section 40 (2);

“ authorised fuel ” means a fuel declared to be an authorised fuel by the Minister in regulations under section 40 (3);

“ authorised person ” means F3[(other than in section 12B or 12C or Part IC)] a person who is—

(a)appointed in writing by a local authority to be an authorised person for the purposes of this Act, or

(b)appointed in writing to be an authorised person pursuant to regulations under this Act by a person specified in those regulations;

“ emission ” means, save where the context otherwise requires, an emission of a pollutant into the atmosphere;

“ emission limit value ” means a limit prescribed by the Minister under section 51;

“ fireplace ” includes any furnace, incinerator, grate or stove whether open or closed or any other place of combustion;

F2[“fuel activity”has the meaning given to it bysection 22A;]

F2[“fuel register”means the register established and maintained undersection 22A;]

“ functions ” includes powers and duties;

“ industrial process ” includes any process which is carried on in the course of trade, business or industry and which is for, or incidental to, the making or production of any article, part of an article, substance, energy or thing or the altering, repairing, ornamenting, finishing, cleaning, washing, packing or canning, or the adapting for sale, or breaking up or demolition of any article, substance or thing; including, in particular, the getting, raising, taking, carrying away and processing (including size reduction, grading and heating) of minerals, the storage of mineral wastes and the incineration, treatment or recovery of other wastes;

“ licence ”, in relation to a licence granted under section 32, includes, where the context so admits or requires, such a licence as revised pursuant to section 33;

“ local authority ” means—

(a)F4[…]

(b)F4[…]

(c)in the case of a county borough, the corporation of the county borough, and

(d)in the case of any F4[…] administrative county, the council of the county,

and references to the functional area of a local authority shall be construed accordingly;

“ the Minister ” means the Minister for the Environment;

“ monitoring ” includes the inspection, measurement, sampling or analysis, for the purposes of this Act, of any emission or of the ambient air in any locality, whether periodically or continuously;

“ occupier ”, in relation to any premises, includes a lessee, any person entitled to occupy the premises and any other person having, for the time being, control of the premises;

F5[“pollutant”means any substance specified in the First Schedule or any other substance (including a substance which gives rise to odour) or energy which, when emitted into the atmosphere either by itself or in combination with any other substance, may cause air pollution;]

“ premises ” includes any messuage, building, structure or land (whether or not there are structures on the land or whether or not the land is covered with water) or any hereditament of any tenure, together with any out-buildings and curtilage;

“ prescribed ” means prescribed by regulations made by the Minister;

“ private dwelling ” means any building or structure or any part of any building or structure (including any ancillary building or structure) which is used, or intended to be used, solely for human habitation but does not include—

(a)a curtilage or garden, or

(b)an ancillary building or structure, or part of a building or structure, having a fireplace with a maximum heating capacity exceeding 45kW which serves more than one dwelling;

“ public place ” means any street, road, seashore or other place to which the public have access, whether by right or by permission, or whether subject to, or free of charge;

“ the register ” means the register kept pursuant to section 17;

“ reserved function ” means—

(a)in relation to the council of a county F4[…], a reserved function for the purposes of the County Management Acts, 1940 to 1985,

(b)in relation to the corporation of a county borough, a reserved function for the purposes of the Acts relating to the management of the county borough;

“ smoke ” includes soot, ash, grit, and any other particle emitted in smoke;

“ special control area ” means an area in relation to which a special control area order is in operation;

“ special control area order ” has the meaning assigned to it by section 39.

(2)In this Act, a reference to a section, Schedule or Part is a reference to a section, Schedule or Part of this Act unless there is an indication that a reference to any other enactment is intended.

(3)In this Act, a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs unless there is an indication that a reference to some other provision is intended.

(4)A reference in this Act to any enactment shall be construed as a reference to that enactment as amended or adapted by any subsequent enactment.

8. Application of Act to premises belonging to State.

9. Repeals.

(2)Each Statutory Instrument mentioned in column (2) of Part II of the Second Schedule is hereby repealed to the extent specified in column (3) of that Part of that Schedule.

10. Regulations.

(a)for prescribing any matter referred to in this Act as prescribed,

(b)in relation to any matter referred to in this Act as the subject of regulations, and

(c)for the purpose of giving full effect to this Act.

(2)Regulations made under this Act may make different provisions in relation to different areas, different circumstances and different classes of cases.

(3)Where it is proposed to make regulations under section 6, a draft of the regulations shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each House.

(4)Every regulation made by the Minister under this Act (other than a regulation made under section 6) shall be laid before each House of the Oireachtas soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done under it.

11. Offences.

(2)Where an offence under this Act is committed by a body corporate or by a person acting on behalf of a body corporate and is proved to have been so committed with the consent, connivance or approval of, or to have been facilitated by any neglect on the part of, any director, manager, secretary or other official of such body, such person shall also be guilty of an offence.

(3)In this section, a reference to the contravention of a provision includes, where appropriate, a reference to a refusal, or a failure, to comply with that provision.

12. Penalties.

(a)on summary conviction, to F7[a class A fine] (together with, in the case of a continuing offence, F7[a class E fine] for every day on which the offence is continued and not exceeding in total an amount which, when added to any other fine under this paragraph in relation to the offence concerned, F7[equals €5,000]), or to imprisonment for any term not exceeding six months or, at the discretion of the court, to both such fine and such imprisonment,

(b)on conviction on indictment, to a fine not exceeding F8[€500,000] (together with, in the case of a continuing offence, a fine not exceeding F8[€5,000] for every day on which the offence is continued), or to imprisonment for any term not exceeding two years or, at the discretion of the court, to both such fine and such imprisonment.

F9[(1A) A person guilty of a relevant offence, within the meaning ofsection 12A(6), shall be liable on summary conviction to a Class A fine or imprisonment for a term not exceeding 6 months or both.]

(2) Section 13 of the Criminal Procedure Act, 1967, shall apply in relation to an offence to which subsection (1) relates as if, in lieu of the penalties provided for in subsection (3) of the said section 13, there were specified therein the penalties provided for in subsection (1) (a), and the reference in subsection (2) (a) of the said section 13 to the penalties provided for in the said subsection (3) shall be construed and have effect accordingly.

12A. F10[Fixed payment notice.

12A. —(1) Where an authorised person has reasonable grounds for believing that a person has committed a relevant offenceF11[…], the authorised person may give to the person a notice (F12[in this section]referred to as a "fixed payment notice") in writing and in the prescribed form stating that—

(a)the person is alleged to have committed that offence,

(b)the person may, during the period of 21 days beginning on the date of the notice, make to the local authority concerned at the address specified in the notice a payment of the amount specified insubsection (4)in respect of that offence, accompanied by the notice,

(c)the person is not obliged to make the payment specified in the notice, and

(d)a prosecution of the person to whom the notice is given in respect of the relevant offence concerned will not be instituted during the period of 21 days beginning on the date of the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of that offence will be instituted.

(2) Where a fixed payment notice is given—

(a)the person to whom it applies may, during the period of 21 days beginning on the date of the notice, make to the local authority concerned at the address specified in the notice the payment specified in the notice, accompanied by the notice,

(b)the local authority concerned shall receive the payment and shall, upon receipt of the payment, issue a receipt for it and any payment so received shall not be recoverable by the person who made it and the local authority shall retain the money for disposal in accordance withsubsection (5), and

(c)a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice, and if the payment so specified is made during that period, no prosecution in respect of the alleged offence shall be instituted.

(3) InF13[…]proceedings for a relevant offence it shall be a defence for the defendant to prove that he or she has made a payment in accordance with this section, pursuant to a fixed payment notice issued in respect of that offence.

F14[(4) The amount to be specified in a fixed payment notice in respect of a relevant offence is—

(a)€1,000, where the relevant offence consists of a contravention of regulation 5(1) of the Fuel Regulations,

(b)€500, where the relevant offence consists of a contravention of regulation 5(2)(a), 5(2)(b), 5(4)(b), or 7(1)(c) of the Fuel Regulations, or

(c)€250, where the relevant offence consists of a contravention of regulation 5(5) or 7(1)(d) of the Fuel Regulations.]

(5) Moneys received by a local authority pursuant to the giving of a fixed payment notice shall be lodged to the credit of the local fund maintained by the local authority concerned pursuant to, and in accordance with, section 97 (amended by the Local Government (Business Improvement Districts) Act 2006) of the Local Government Act 2001 and expended in accordance with that section.

F15[(6) In this section—

"Fuel Regulations" means the Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 ( S.I. No. 326 of 2012 );

"relevant offence" means an offence under section 11 consisting of a contravention of regulation 5(1), 5(2)(a), 5(2)(b), 5(4)(b), 5(5), 7(1)(c) or 7(1)(d) of the Fuel Regulations.]]

12B. F16[Fixed payment notice for certain offences relating to paints, varnishes and vehicle refinishing products or activities.

12B.F17[…]]

12C. F18[Fixed payment notice for offence relating to organic solvents

12C.F19[…]]

13. Prosecution of offences.

(b) Where a local authority are of opinion that an emission from any premises may cause air pollution affecting any part of their functional area, the local authority may, notwithstanding that the emission is from a premises which is situate outside the functional area of the local authority concerned, initiate summary proceedings for an offence under this Act in relation to the emission concerned.

(2)The Minister may, by regulations under this section, prescribe that such offence as may be specified in the regulations may be prosecuted summarily by such person (including the Minister) as may be so specified in addition to, or in lieu of, the relevant local authority.

(3)Notwithstanding the provisions of section 10(4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence under this Act may be commenced—

(a)at any time within twelve months from the date on which the offence was committed, or

(b)at any time within three months from the date on which evidence sufficient, in the opinion of the person by whom the proceedings are initiated, to justify the proceedings comes to such person's knowledge,

whichever is the later: provided that no such proceedings shall be initiated later than five years from the date on which the offence concerned was committed.

(4)For the purposes of this section, a certificate signed by or on behalf of the person initiating the proceedings as to the date on which evidence relating to the offence came to his knowledge shall be prima facie evidence thereof and in any legal proceedings a document purporting to be a certificate issued for the purposes of this subsection and to be so signed shall be deemed to be so signed and shall be admitted as evidence without proof of the signature of the person purporting to sign the certificate, unless the contrary is shown.

14. Powers of authorised person.

F22[(1A)An authorised person may, for any purpose connected with this Act, require a person in control of a stationary vehicle to refrain from moving it.

(1B)An authorised person may, if accompanied by—

(a)a member of the Garda Síochána in uniform, or

(b)an officer of the Revenue Commissioners in uniform authorised by them to exercise powers conferred by the Customs Acts or the statutes which relate to the duties of excise,

require the person who for the time being is in control of a vehicle to bring it to a stop for any purpose connected with this Act.

(1C)Where the purpose referred to atsubsection (1A)or(1B)comprises an inspection or search of the vehicle and the place at which the member or officer finds the vehicle is, in the reasonable opinion of the member or officer, unsuitable for such inspection or search, the member or officer may require such person forthwith to take the vehicle or cause it to be taken to a place which the member or officer considers suitable for such inspection or search and which is specified by that member or officer.]

(2)An authorised person shall not, other than with the consent of the occupier, enter into a private dwelling unless he has given to the occupier of the dwelling not less than 24 hours notice in writing of his intended entry.

(3)Every authorised person shall be furnished with a certificate of his appointment and when exercising any power conferred on him by or under this Act, the authorised person shall, if requested by any person affected, produce the certificate to that person.

(4)Whenever an authorised person enters into any premises F23[or vehicle] pursuant to this section, he may therein—

(a)make such plans and carry out such inspections F23[or searches],

(b)make such tests and take such samples,

(c)require from the owner or occupier of the premises or from any other person on the premises, F23[or from the owner of or person who for the time being is in control of the vehicle,] such information, or

(d)inspect such records or such documents,

as he, having regard to all the circumstances, considers necessary for the purposes of this Act.

(5)Any person who obstructs an authorised person in the exercise of his powers under this section or who fails to comply with a requisition of an authorised person or who wilfully withholds any information which the authorised person requires shall be guilty of an offence.

F24[(5A)Where an authorised person has reasonable grounds for apprehending any serious obstruction in the performance of his or her functions or otherwise considers it necessary, he or she may be accompanied by a member of the Garda Síochána when performing any functions conferred on him or her under this Act or any regulations made under it.]

(6)Where an authorised person in the exercise of his powers under this section is prevented from entering any premises F23[or vehicle], the authorised person or the person by whom he was appointed may apply to the District Court for a warrant F25[undersubsection (6A)] authorising such entry.

F26[(6A)Without prejudice to the powers conferred on an authorised person by or under any other provision of this section, if a judge of the District Court is satisfied by information on oath of an authorised person that there are reasonable grounds for believing that there is, or such entry is likely to disclose, evidence of a contravention of this Act, or regulations made under it, the judge may issue a warrant authorising an authorised person, accompanied by such other authorised persons or by a member or members of the Garda Síochána as may be necessary, at any time or times, within one month from the date of issue of the warrant, on production of the warrant if requested, to enterF27[the premises or vehicle], if necessary by the use of reasonable force, and perform the functions conferred on an authorised person under this Act or any regulations made under it.]

(7)The Minister may make regulations for the purposes of this section.

(8)Without prejudice to the generality of subsection (7), regulations under this section may provide for all or any of the following matters:

(a)the taking of samples and the carrying out of tests, examinations and analysis of samples;

(b)the specification of the classes of persons to be responsible for taking such samples and for the carrying out of such tests, examinations and analysis;

(c)the specification of the certificate or other evidence to be given of the result of any such test, examination or analysis and the class or classes of person by whom such certificate or evidence is to be given;

(d)that any certificate or other evidence given or to be given in respect of any test, examination or analysis of any sample shall in relation to that sample be evidence, without further proof, of the result of the test, examination or analysis until the contrary is shown.

F28[(9)In this section "vehicle" means any conveyance in or by which any person or thing, or both, is or are, as the case may be, transported which is designed for use on land, in water or in the air, or in more than one of those ways, and includes—

(a)a part of a vehicle,

(b)an article designed as a vehicle but not capable of functioning as a vehicle,

(c)any container, trailer, tank or any other thing which is or may be used for the storage of goods in the course of carriage and is designed or constructed to be placed on, in, or attached to, any vehicle.]

15. Service of notices.

(a)by addressing it to him by name and delivering it to him,

(b)by leaving it at the address at which he ordinarily resides,

(c)by sending it by post in a prepaid registered letter addressed to him at the address at which he ordinarily resides,

(d)if an address for the service of notices has been furnished by him, by leaving it at, or sending it by prepaid registered post addressed to him to, that address,

(e)where the address at which he ordinarily resides cannot be ascertained by reasonable inquiry and notice is required to be served on, or given to, him in respect of any premises, by delivering it to a person over the age of 16 years of age resident in, or employed on, the premises or by affixing it in a conspicuous position on or near the premises.

(2)Where the name of the occupier of a premises cannot be ascertained by reasonable inquiry, a notice under this Act may be addressed to “ the occupier ”.

(3)For the purposes of this section, a company registered under the Companies Acts, 1963 to 1986, shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.

16. Obligation to give information.

(a)the occupier of any premises within their functional area, within such period (being not less than fourteen days after the date of the service of the notice) as may be specified in the notice, to furnish in writing to the authority such particulars as to—

(i)any activity or process being carried out on the premises,

(ii)any fireplaces in the premises, and

(iii)the fuels or other materials being burned on the premises,

as may be so specified,

(b)the occupier of any premises (other than a private dwelling) within their functional area, within such period as may be specified in the notice, to furnish in writing whether by periodic returns or otherwise, such information concerning any emission from the premises as may be so specified, and

(c)any person engaged in the production, treatment, importation, placing on the market, distribution or sale of any fuel to furnish in writing to the authority such particulars as to the type and quantity of fuel produced, treated, imported, placed on the market, distributed or sold by such person, as the case may be, within the functional area of the authority concerned as may be specified in the notice.

(2)A notice under this section, whether or not requiring periodic returns, shall not require the provision of information—

(a)at intervals of less than three months, or

(b)in respect of a period in excess of twelve months.

(3)Any person who has been served with a notice under this section and who furnishes any information in reply to the notice which he knows to be false or misleading in a material particular shall be guilty of an offence.

(4)Information furnished to a local authority pursuant to a notice under this section shall not be given by the local authority to any person other than a person prescribed.

17. The register.

(2)The register shall be kept at the offices of the local authority and shall be made available for inspection by any person during office hours.

(3)When a request is made to a local authority for a copy of an entry in the register, the copy shall be issued to the applicant on the 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.

(4)Every document purporting to be a copy of an entry in the register and purporting to be certified by an officer of a local authority to be a true copy of the entry shall, without proof of the signature of the person purporting so to certify or that he was such officer, be received in evidence in any legal proceedings and shall, until the contrary is proved, be deemed to be a true copy of the entry and to be evidence of the terms of the entry.

(5)Evidence of an entry in the register may be given by production of a copy thereof certified pursuant to this section and it shall not be necessary to produce the register itself.

18. Research into air pollution.

(2)A local authority may support or assist, by means of a financial contribution or otherwise, any person, or body of persons, engaged, or proposing to engage, in any research, survey or investigation into the nature and extent, the cause and effect, and the prevention or limitation, of air pollution or in any educational programme relating to such matters.

(3)The making of a financial contribution pursuant to subsection (2) shall be a reserved function.

(4)The Minister, with the consent of the Minister for Finance, may make a financial contribution to any person, or body of persons, engaged, or proposing to engage, in research, surveys or investigations into the nature and extent, the cause and effect, and the prevention or limitation, of air pollution or in any educational programme relating to such matters.

19. Expenses.

20. Consultation by local authorities.

21. Transfer of functions.

(2)In particular and without prejudice to the generality of subsection (1), regulations under this section may provide for the performance of any function conferred on a local authority by this Act by a body established under the Local Government Services (Corporate Bodies) Act, 1971, for that purpose.

(3)Whenever regulations under this section are in force, a reference in this Act to a local authority shall be construed as including a reference to the person or body specified in the regulations and the function to which the regulations relate shall be a function of that person or body.

(4)Regulations under this section may contain such incidental, supplementary, consequential and transitional provisions (including provisions modifying any provision of this Act) as appear to the Minister to be necessary for the purpose of, in consequence of, or to give full effect to the regulations.

22. Power to make charges in relation to emissions.

(2)Without prejudice to the generality of subsection (1), regulations under this section may make provision for all or any of the following matters:

(a)specify the emissions in relation to which a charge under this section may be imposed;

(b)specify the manner in which such a charge is to be imposed;

(c)specify the method in which the amount of such charge is to be calculated;

(d)enable a local authority to make different charges under this section in respect of different emissions and in different circumstances;

(e)specify the manner in which representations may be made to a local authority regarding the imposition of a charge under this section and provide for the procedure to be followed in respect of such representations;

(f)provide for the amendment, revocation or review of charges imposed under this section.

(3)A local authority may recover the amount of any charges made by them under this section from the person by whom they are payable as a simple contract debt in any court of competent jurisdiction.

F29[PART IA

22A. Registration on fuels register.

22A. —(1) The Agency shall—

(a)cause to be established a register (in this section referred to as the "fuels register") of persons who produce, treat, import, place on the market, distribute, store or sell fuel of any type or description, or who carry on any combination of those activities (in this section referred to as a "fuel activity"),

(b)enter in the fuels register the name of every person specified undersection 53(1)(ca)(in this Part referred to as a "specified person") granted registration by the Agency, the address at which or the area within which the fuel activity is carried on and any other information that it considers appropriate,

(c)maintain the fuels register, and

(d)if necessary divide the fuels register into divisions for different classes of person.

(2) A specified person shall apply to the Agency to be entered on the fuels register and the application shall—

(a)be made in writing or by electronic means,

(b)specify the name of the specified person and the address at which he or she ordinarily resides, and for the purposes of this paragraph, a company within the meaning of the Companies Acts shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body of persons shall be deemed to be ordinarily resident at its principal office or place of business,

(c)specify the fuel activity to which the application relates,

(d)specify the address at which or the area within which that fuel activity is carried on,

(e)be accompanied by such other information as may be provided for undersection 53, and

(f)be accompanied by the fee provided for in regulations undersection 53.

(3) Where the Agency receives an application for registration under this section it shall, subject tosubsections (4)and(5), register the specified person on the fuels register, issue a registration number to that person and accordingly shall enter the following in that register:

(a)the name of the person,

(b)the registration number issued to that person,

(c)the fuel activity to which the registration relates,

(d)the address at which or the area within which that fuel activity is carried on, and

(e)any conditions specified undersection 53attaching to the registration.

(4) The Agency shall not register a specified person on the fuels register if—

(a)the application does not comply withsubsection (2),

(b)the person does not possess a current tax clearance certificate issued under section 1095 of the Taxes Consolidation Act 1997, or

(c)the person fails to satisfy conditions for entry on the register.

(5) The Agency may refuse to register a specified person on the fuels register if by reason of—

(a)the commission by the person of an offence under this Act, or

(b)the contravention by the person of a provision of this Act or regulations made under this Act,

the Agency considers that such refusal is necessary to ensure the prevention or limiting of air pollution.

(6) The Agency shall not make a decision to—

(a)refuse to register a specified person, or

(b)register the specified person subject to conditions,

until it has considered any representations made by the specified person undersubsection (7).

(7) Where the Agency proposes to—

(a)refuse to register a specified person, or

(b)register the specified person subject to conditions,

it shall notify the specified person 14 days before making its decision and the specified person on whom a notice is served may, not later than 14 days after receiving the notice make representations in writing to the Agency in relation to the proposal.]

22B. F30[Tax clearance certificate

22B. — (1) A person registered on the fuels register and not in possession of a current tax clearance certificate issued under section 1095 of the Taxes Consolidation Act 1997 shall, as soon as practicable, so notify the Agency in writing.

(2)If, within 28 days of a person notifying the Agency undersubsection (1), the Agency is not satisfied that the person possesses a current tax clearance certificate issued under section 1095 of the Taxes Consolidation Act 1997, the Agency shall remove that person from the fuels register.

(3)Where, in accordance with this section a person is removed from the fuels register—

(a)the Agency shall enter a statement in the fuels register that the person has been so removed and a statement of the reasons for that removal, and

(b)the person concerned shall immediately surrender their registration number to the Agency.

(4)A person who contravenessubsection (1)or(3)(b)shall be guilty of an offence.]

22C. F31[Appeals relating to fuels register

22C. — (1) The Agency, with the consent of the Minister, may appoint a person who in the opinion of the Agency has the relevant knowledge and experience in relation to fuel activities and air pollution, and procedures relating to registration and inspections, to be an appeals officer for the purposes of this section (in this section referred to as an "appeals officer"), who shall be independent in the performance of his or her functions under this section.

(2)Where the Agency, having considered any representations undersection 22A(7)decides to—

(a)refuse to register a specified person, or

(b)register the specified person subject to conditions,

the Agency shall notify the specified person in writing of the decision and the reasons therefor and shall inform the person that he or she may appeal the decision to an appeals officer not later than 14 days from the date on which the notice issued to the specified person.

(3)(a) Where the specified person appeals the decision of the Agency, notified undersubsection (2), he or she shall do so in writing within 14 days from the date on which the notice issued to the specified person, and the appeals officer shall consider all information furnished with the original application, representations undersection 22A(7), and any additional information that the appeals officer considers necessary.

(b)Following consideration underparagraph (a), the appeals officer shall decide to either—

(i)annul the decision of the Agency referred to insubsection (2)(a) and direct the Agency to register the specified person and enter the information referred to atparagraphs (a) to (d) ofsection 22A(3)on the register,

(ii)annul or amend the decision of the Agency referred to insubsection (2)(b)and direct the Agency to register the prescribed person without any conditions, or subject to conditions other than those imposed by the Agency, and enter the information referred to atparagraphs (a)to(d)ofsection 22A(3)on the register, or

(iii)confirm the decision of the Agency referred to inparagraph (a)or(b), as the case may be, ofsubsection (2).

(c)The appeals officer, as soon as may be after he or she makes a decision underparagraph (b), shall notify the specified person in writing of the decision and the reason therefor.

(4)(a) A person affected by a decision of an appeals officer undersubsection (3)may, not later than 28 days after he or she receives a copy of the decision, appeal to the Circuit Court against the decision.

(b)The jurisdiction conferred on the Circuit Court by this subsection shall be exercised by the judge for the time being assigned to the circuit where the appellant ordinarily resides, and for the purposes of this paragraph a company within the meaning of the Companies Acts shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body of persons shall be deemed to be ordinarily resident at its principal office or place of business.

(c)The appeal shall be determined by the Circuit Court—

(i)confirming the decision of the appeals officer undersubsection (3)to which the appeal relates, or

(ii)substituting its determination for that decision.

(d)A decision of the Circuit Court under this section shall be final, save that, by leave of that Court, an appeal shall lie to the High Court on a point of law.]

22D. F32[Removal from fuels register

22D. — (1) If, upon an application by the Agency under this section, the District Court considers that the removal of a person from the fuels register is necessary by reason of the commission by the person of an offence under this Act or, the contravention by the person of a provision of this Act or regulations made under this Act such that the Agency considers that such refusal is necessary to ensure the prevention or limiting of air pollution, the court shall make an order directing the Agency to remove the person from the fuels register.

(2)If, in an application by the Agency under this section, the District Court is satisfied that the person has committed an offence under this Act or contravened a condition attached to registration on the fuels register, or a condition specified in an order under this section and is of the opinion that the prevention or limiting of air pollution can be secured by means other than the making of an order undersubsection (1)it may, for the purposes of such prevention or limiting, make an order requiring the person to comply with such conditions as it considers appropriate.

(3)Where the Agency proposes to apply to the District Court under this section, the Agency shall notify the person registered on the fuel register concerned in writing thereof.

(4)Where in accordance with this section a person is removed from the fuels register—

(a)the Agency shall enter a statement in the fuels register that the person has been so removed and a statement of the reasons for that removal, and

(b)the person concerned shall immediately surrender the registration number issued to him or her undersection 22Eby the Agency.

(5)An application for an order under this section shall be made to a judge of the District Court sitting in the District Court district in which the specified person concerned ordinarily resides, and for the purposes of this paragraph a company within the meaning of the Companies Acts shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body of person shall be deemed to be ordinarily resident at its principal office or place of business.

(6)The Agency shall comply with a direction in an order under this section.

(7)A person who contravenessubsection (4)(b)or a condition specified in an order under this section shall be guilty of an offence.]

22E. F33[Further matters relating to fuels register.

22E. — (1) As soon as practicable following the registration of a specified person on the fuels register, the Agency shall issue to that person a document containing a registration number relating to the registration and the information entered in the fuels register.

(2)The specified person shall comply with any conditions provided for undersection 53relating to display or maintenance of a record of the registration number issued under this section.

(3)If a particular entered in the fuels register by the Agency is incorrect, the specified person to whom the particular relates shall, as soon as may be after becoming aware of its being incorrect, inform the Agency thereof accordingly.

(4)The Agency shall, upon becoming aware that any particular entered in the fuels register is incorrect or has ceased to be correct, make such alterations to that register as it considers necessary.]

22F. F34[Authorised person for purpose of fuels register.

22F. — (1) An authorised person shall have and may exercise all the powers conferred on an authorised person under section 13 of the Environmental Protection Agency Act 1992 for any purpose connected with the functions conferred on the Agency under sections 22A to 22E.

(2)A person who—

(a)refuses to allow an authorised person to enter any premises or to take any person or equipment with him in the exercise of his powers under this section,

(b)obstructs or impedes an authorised person in the exercise of any of the powers conferred on him or her by this section,

(c)gives, either to an authorised person or to the Agency, information which is false or misleading in a material respect, or

(d)fails or refuses to comply with any requirement of this section,

shall be guilty of an offence.

(3)Where an authorised person in the exercise of his or her powers under this section is prevented from entering any premises, or where he or she has reason to believe that evidence related to a suspected offence under this Act may be removed or destroyed, the authorised person or the person by whom he or she was appointed may apply to the District Court for a warrant authorising such entry.

(4)The Minister may make regulations for the purposes of this section.

(5)Without prejudice to the generality ofsubsection (4), regulations under this section may provide for all or any of the following matters:

(a)the taking of samples and the carrying out of tests, examinations and analyses;

(b)the specification of the classes of persons to be responsible for taking such samples and for the carrying out of such tests, examinations and analyses;

(c)the specification of the certificate or other evidence to be given of the result of any such test, examination or analysis and the class or classes of person by whom such certificate or evidence is to be given.

(6)Any certificate or other evidence given or to be given in respect of any prescribed test, examination or analysis of any sample shall in relation to that sample be evidence, without further proof, of the result of the test, examination or analysis unless the contrary is shown.

(7)In this section "authorised person" means an authorised person within the meaning of the Environmental Protection Agency Act 1992 standing appointed under that Act for the time being.]

PART II General Provisions relating to Air Pollution

23. Prohibition on certain emissions.

(a)such emissions as may be specified,

(b)the production, treatment, use, import, placing on the market, distribution or sale of any substance (other than a fuel) which may cause air pollution.

24. Obligation to prevent air pollution.

(2)The occupier of any premises shall not cause or permit an emission from such premises in such a quantity, or in such a manner, as to be a nuisance.

(3)In any prosecution for a contravention of this section, it shall be a good defence to establish that—

(a)the best practicable means have been used to prevent or limit the emission concerned, or

(b)the emission concerned was in accordance with a licence under this Act, or

(c)the emission concerned was in accordance with an emission limit value, or

(d)the emission concerned was in accordance with a special control area order in operation in relation to the area concerned, or

(e)in the case of an emission of smoke, the emission concerned was in accordance with regulations under section 25, or

(f)the emission did not cause air pollution.

25. Prohibition on emission of smoke.

(2)Without prejudice to the generality of subsection (1), regulations under this section may—

(a)specify the premises to which the regulations apply,

(b)specify the kind of smoke to which the regulations apply,

(c)prohibit, either absolutely or subject to specified exceptions, the emission of smoke from specified premises at specified times or periods,

(d)exempt, subject to or without conditions, from any of the provisions of the regulations emissions of smoke from specified premises for specified periods,

(e)prohibit or restrict, subject to such exceptions as may be specified, the burning of straw, waste or any other substance at such premises or at such times as may be specified.

(3)In any prosecution for a contravention of this section or of regulations made under this section, it shall be a good defence to establish that—

(a)the best practicable means have been used to prevent or to limit the emission concerned, or

(b)the emission concerned was in accordance with a licence under this Act, or

(c)the emission concerned was in accordance with an emission limit value, or

(d)the emission concerned was in accordance with a special control area order in operation in relation to the area concerned.

26. Power of local authority to require measures to be taken to prevent or limit air pollution.

(2)In considering whether a notice should be served under this section, a local authority shall have regard to—

(a)any air quality management plan in relation to the area in which the premises are situate,

(b)any special control area order in operation in relation to the area in which the premises are situate,

(c)any relevant emission limit value,

(d)any relevant air quality standard,

(e)the availability of the means necessary for compliance with the notice, and

(f)the expense which would be incurred in complying with the notice.

(3)A notice pursuant to this section shall—

(a)specify the measures which appear to the local authority serving the notice to be necessary in order to prevent or to limit air pollution,

(b)direct the person on whom the notice is served to take such measures as may be specified in the notice to prevent or to limit air pollution, and

(c)specify a period (being not less than fourteen days commencing on the date of the service of the notice) within which such measures are to be taken.

(4)A notice under this section—

(a)may be served whether or not there has been a prosecution for an offence under this Act in relation to the emission concerned;

(b)shall not prejudice the initiation of a prosecution under this Act for an offence relating to the emission concerned.

(5)A person on whom a notice under this section has been served may, within such period as may be specified in the notice, make such representations in writing as he thinks fit to the local authority concerning the terms of the notice, and the local authority, having considered any such representations, may amend or revoke the notice.

(6)A person on whom a notice under this section has been served shall, within the period specified, comply with the requirements of the notice, or, as the case may be, the notice as amended.

(7)If a person on whom a notice under this section has been served does not, within the period specified in the notice or in the notice as amended, as the case may be, comply with the requirements of the notice, the local authority who served the notice may take such steps as they consider reasonable and necessary to secure compliance with the notice and may recover any expense thereby incurred from the person on whom the notice was served as a simple contract debt in any court of competent jurisdiction.

27. Power of local authority to take steps to prevent or limit air pollution.

(2)Where a local authority take steps, carry out operations or give assistance under this section, the local authority may recover the costs of such steps, operations or assistance as a simple contract debt in a court of competent jurisdiction from such person as the local authority satisfy the court is the person whose act or omission necessitated such steps, operations or assistance.

28. Power of High Court in relation to air pollution.

(a)the continuance of the emission (not being an emission which is in compliance with a licence granted under this Act) would give rise to a serious risk of air pollution, or

(b)the emission is an emission from industrial plant in contravention of the terms of a licence under this Act, or

(c)the emission is an emission from industrial plant for which a licence under this Act is required and in relation to which no such licence has been granted.

(2)An order made by the High Court on an application under this section may contain such provisions as to the Court seem appropriate and may, in particular, include provisions—

(a)requiring specific measures to be taken to eliminate or reduce the risk of air pollution;

(b)requiring any person to do, or not to do, or cease from doing, as the case may be, anything which the Court considers necessary and specifies in the order to ensure that the emission concerned is terminated or restricted or, as the case may be, complies with any relevant licence under this Act;

(c)in relation to the payment of costs.

(3)An application for an order under this section shall be by motion and the High Court when considering the matter may make such interim or interlocutory order as it considers appropriate.

(4)An order of the High Court made pursuant to this section shall have effect notwithstanding the terms of any permission given under any other enactment in relation to the premises concerned.

28A. F35[Remedies for unauthorised emissions.

28A. —(1)(a) Where there is an emission from any premises, other than an emission under and in compliance with a licence granted under this Act or an emission in compliance with an emission limit value specified undersection 51of this Act or an emission which is in accordance with directions specifying best practicable means issued by the Minister undersubsection (3)ofsection 5of this Act, any person may make application to the appropriate court which may make an order requiring the occupier of the premises concerned to do one or more of the following, that is to say:

(i)to terminate the emission within such period as may be specified in the order, or

(ii)to mitigate or remedy any effects of the emission concerned in such manner and within such period as may be specified in the order, or

(iii)to pay to the applicant or such other person as may be specified in the order a specified amount to defray all or part of any costs incurred by the applicant or that other person in investigating, mitigating or remedying the effects of the emission concerned.

(b) In this subsection "appropriate court", in relation to an application underparagraph (a)means—

(i)in case the estimated cost of complying with the order to which the application relates does not exceedF36[€15,000], the District Court,

(ii)in case the estimated cost aforesaid does not exceedF37[€75,000], the Circuit Court, and

(iii)in any case, the High Court.

(c) (i) If, in relation to an application under this section to the District Court, that court becomes of opinion during the hearing of the application that the estimated cost aforesaid will exceedF36[€15,000], it may, if it so thinks fit, transfer the application to the Circuit Court or the High Court, whichever it considers appropriate having regard to the estimated cost aforesaid.

(ii)If, in relation to an application under this section to the Circuit Court, that court becomes of opinion during the hearing of the application that the estimated cost aforesaid will exceedF37[€75,000], it may, if it so thinks fit, by order transfer the application to the High Court.

(iii)This paragraph is without prejudice to the jurisdiction of a court (being either the District Court or the Circuit Court) to determine an application under this section in relation to which it was, at the time of the making of the application, the appropriate court.

(2)(a) An application for an order under this section shall be brought in a summary manner and the court when considering the matter may make such interim or interlocutory order as it considers appropriate..

(b) Where an application is transferred underparagraph (c)ofsubsection (1), the court to which it is transferred shall be deemed to have made any order made under this subsection by the court from which it is so transferred in the proceedings in relation to the application.

(3)(a) An order shall not be made by a court under this section unless the person named in the order has been given an opportunity of being heard by the court in the proceedings relating to the application for the order.

(b) The court concerned may make such order as to the costs of the parties to or persons heard by the court in proceedings relating to an application for an order under this section as it considers appropriate.

(4)(a) Where a person does not comply with an order undersubsection (1), a local authority may, in respect of their functional area, take any steps specified in the order to mitigate or remedy the effects of the emission concerned.

(b) The amount of any expenditure incurred by a local authority in relation to steps taken by them underparagraph (a)shall be a simple contract debt owed to the authority and may be recovered by them from the person as a simple contract debt in any court of competent jurisdiction.

(5)(a) An application undersubsection (1)to the District Court shall be made to the Justice of the District Court for the District Court district in which the premises concerned are situated or in which the emission concerned takes place.

(b) An application undersubsection (1)to the Circuit Court shall be made to the Judge of the Circuit Court for the circuit in which the premises concerned are situated or in which the emission concerned takes place.

(6)An application undersubsection (1)may be made whether or not there has been a prosecution for an offence under this Act in relation to the emission concerned.]

28B. F38[Civil liability for pollution.

28B. —(1) Where an emission causes injury, loss or damage to a person or to the property of a person, the person may, without prejudice to any other cause of action that he may have in respect of the injury, loss or damage, recover damages in any court of competent jurisdiction in respect of such injury, loss or damage—

(a)from the occupier of the premises from which the emission originated unless the emission was caused by an act of God or an act or omission of a third party over whose conduct such occupier had no control, being an act or omission that such occupier could not reasonably have foreseen and guarded against, or

(b)if the emission was occasioned by an act or omission of any person that, in the opinion of the court, constitutes a contravention by the person of a provision of this Act, from that person.

(2)Subsection (1)does not apply to an emission under and in compliance with a licence granted under this Act or an emission in compliance with an emission limit value specified undersection 51of this Act or an emission which is in accordance with directions specifying best practicable means issued by the Minister undersubsection (3)ofsection 5of this Act.]

29. Notification of incident causing air pollution.

(2)In this section “ incident ” includes an accidental emission.

PART III Licensing of Industrial Plant

30. Licence to operate industrial plant.

(2)The Minister may, by regulations, provide that existing industrial plant of such class as may be specified in the regulations shall not be in operation on or after such date as may be so specified F39[save under and in accordance with a licence under this Act that is in force in relation to the plant].

(3)Where regulations under subsection (2) come into operation, the operation of existing industrial plant to which the regulations relate shall, in the period before a licence in relation to the plant is granted or refused, be deemed not to have contravened the provisions of this Act: provided that, before the date specified in those regulations, an application has been made for a licence in respect of that plant and the requirements of regulations made under section 31 in relation to the application for the licence have been complied with by the applicant therefor.

31. Regulations regarding licences.

(2)Without prejudice to the generality of subsection (1), regulations under this section may make provision for all or any of the following:

(a)the form of application and of licence;

(b)the publication by applicants of such notices as may be specified;

(c)specifying the plans, documents and other information and particulars to be submitted by applicants;

(d)requiring applicants to furnish such additional information or particulars relating to their applications as the local authority may request;

(e)requiring the production of evidence to verify any information and particulars given by an applicant;

(f)requiring local authorities to furnish to the Minister and to any other specified persons any specified information in relation to any applications and the manner in which they have been dealt with, or to publish any specified notices in relation to applications for, and the granting or refusing of, licences;

(g)specifying the period within which applications shall be dealt with by local authorities;

(h)requiring an applicant to defray or contribute towards the cost of any investigation carried out by a local authority in relation to an application.

(3) (a)A person who, in relation to an application for a licence, or for a review of a licence, under this Act, or in relation to an appeal arising from such an application, makes a statement in writing which to his knowledge is false or misleading in a material respect, shall be guilty of an offence.

(b)Where a person is convicted of an offence under this subsection, any licence issued to that person consequent on the application or appeal in relation to which the information was furnished shall stand revoked from the date of the conviction.

(4)A defrayment or contribution the payment of which is required under regulations made under this section shall be payable on demand and, in default of being so paid, shall be recoverable as a simple contract debt in a court of competent jurisdiction.

32. Grant of licences.

(a)an application is made to a local authority in accordance with regulations under section 31 for a licence under this Act,

(b)the requirements of, or made pursuant to, such regulations have been complied with,

the local authority may, subject to section 35 (2), decide to grant the licence subject to, or without, conditions or to refuse the application.

(2)In considering an application for a licence under this Act, the local authority shall have regard to—

(a)any air quality management plan in force in relation to the area concerned, and

(b)any special control area order in operation in relation to that area.

F40[(3)A local authority shall not grant a licence in relation to industrial plant unless they are satisfied that—

(a)the best practicable means will be used to prevent or limit any emissions from the plant,

(b)any emissions from the plant will comply with any relevant emission limit value,

(c)any emissions from the plant will not result in the contravention of any relevant air quality standard,

(d)any emissions from the plant will not cause significant air pollution,

and, where appropriate, the local authority shall attach conditions relating to the matters specified inparagraphs (a),(b),(c)and(d)to the licence.]

(4)Without prejudice to the generality of subsections (1) and (3), conditions attached to a licence under this Act may—

(a)specify the nature, composition, temperature, volume, rate and location of an emission;

(b)specify the periods during which an emission may, or may not, be made;

(c)specify a concentration of a pollutant in the ambient air, or a deposition rate, which shall not be exceeded;

(d)specify any matters relating to the design, construction and height of the chimneys, flues, stacks or other outlets through which an emission is to be made;

(e)specify the means (including the provision, operation, maintenance and supervision of plant, equipment and other facilities and the use of specified procedures) to be used for controlling an emission;

(f)require the provision, operation and maintenance of meters, gauges and other apparatus and other means for monitoring the nature, extent and effects of emissions;

(g)require the taking and analysis of samples, the making of measurements, the keeping of records and the furnishing of information to the local authority or to any other person who may be specified;

(h)specify the measures to be taken if there is a breakdown at industrial plant which may affect emissions from the plant;

(i)specify the type of fuel to be, or not to be, used, as the case may be;

(j)require the making of payments to the local authority concerned in relation to costs which may be incurred in monitoring, or otherwise in relation to, emissions;

(k)specify the latest date for complying with any conditions which are attached.

(5)Whenever a local authority, having considered an application for a licence under this Act, decide that—

(a)the licence shall be granted, they shall forthwith notify the applicant of the decision and of any conditions which may be attached to the licence and of the reasons for the attachment of any such conditions, or

(b)the licence shall not be granted, they shall forthwith notify the applicant of the decision and of the reasons for the decision.

33. Review of licences.

(2)As soon as may be after they have completed a review under this section, a local authority may decide to grant pursuant to this Act a revised licence in substitution for the licence reviewed.

(3)Notwithstanding any other provision of this Act or any provision in a licence under this Act—

(a)such licence shall be reviewed by the local authority which granted it if—

(i)the local authority have reasonable grounds for believing that any emission from the industrial plant to which the licence relates constitutes a serious risk of air pollution, or

(ii)there has been a material change in the nature or the extent of the emission, or

(iii)there has been a material change, which could not have reasonably been foreseen when the licence was granted, in the air quality in the area in which the industrial plant to which the licence relates is situate, or

(iv)further and better evidence, which was not available when the licence was granted, has become available relating to a pollutant present in the emission concerned or the effects of such pollutant, or

(v)the licensee applies to the local authority concerned to review the licence;

(b)if—

(i)a relevant emission limit value is specified in regulations under section 51 in relation to any pollutant emitted from the industrial plant to which the licence relates, or

(ii)a relevant air quality standard is specified in regulations made under section 50 in relation to any pollutant emitted from the industrial plant to which the licence relates, or

(iii)a special control area order affecting any pollutant emitted from the industrial plant to which the licence relates comes into operation in relation to the area in which the industrial plant is situate, or

(iv)any directions are issued by the Minister specifying the best practicable means for the prevention or limitation of an emission to which the licence relates,

the local authority shall, as soon as may be after the regulations are made, the order comes into operation or the directions are given, as the case may be, review the licence,

and subsection (2) shall apply to a review under this subsection.

(4) (a)The Minister may make regulations for the purpose of this section.

(b)Without prejudice to the generality of paragraph (a), regulations under this subsection may make provision in relation to all or any of the following matters—

(i)the giving of notice by a local authority of their intention to review a licence,

(ii)requiring a statement in such a notice that representations relating to the review may be made within a specified period, and

(iii)requiring local authorities to publish any specified notices with respect to a decision to grant a revised licence.

(5)In the review of a licence under this section, a local authority shall have regard to—

(a)any change in air quality in their functional area, and

(b)the development of technical knowledge in relation to air pollution and the effect of pollutants.

34. Appeals.

(2)F41[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.

35. Fees.

(a)the payment to local authorities of prescribed fees in relation to applications for—

(i)licences under this Act, or

(ii)reviews of licences under section 33,

(b)the payment to An Bord Pleanála of prescribed fees in relation to appeals under section 34,

and the regulations may provide for different fees in relation to cases of different classes or descriptions, for exemption from the payment of fees in specified circumstances, for the waiver, remission or refund (in whole or in part) of fees in specified circumstances and for the manner in which fees are to be disposed of.

(2)Where under regulations under this section a fee is payable to a local authority by an applicant in respect of an application referred to in subsection (1), the application shall not be decided by the authority unless the authority are in receipt of the fee.

(3)Where under regulations under this section a fee is payable to An Bord Pleanála by an appellant in respect of an appeal by him to An Bord Pleanála, the appeal shall be invalid unless the prescribed fee is received by An Bord Pleanála before the expiration of the prescribed period for making the appeal.

36. Limit on duration of licence.

(a)has not commenced operations within three years after the date on which the licence was granted, or

(b)has ceased operations for a period of not less than three years,

the licence shall cease to have effect.

(2) Subsection (1) shall not have effect if a licence was granted prior to the construction, or to the commencement of the operations, of industrial plant and the local authority, having regard to the nature and extent of the construction works and any other relevant consideration, are satisfied that the licence should continue to be in force for such period as the local authority consider reasonable, having regard to all the circumstances.

37. Change of ownership of industrial plant.

(2)Where a person to whom a licence was granted under this Act ceases to hold, or transfers to another person, his interest in the industrial plant to which the licence relates, he shall forthwith give notice to the local authority by whom the licence was granted—

(a)that he no longer holds an interest in the industrial plant concerned, and

(b)of the name of the person to whom his interest in the plant has been transferred.

38. Alterations at industrial plant.

(a)in respect of which a licence is in force under this Act, or

(b)which is existing industrial plant the operation of which is not required to be licensed under regulations made under section 30,

shall give notice in writing to the local authority in whose functional area the industrial plant is situate if he proposes to—

(i)effect any alteration to, or reconstruction of, the plant, or

(ii)effect any alteration in the processes being carried out therein,

and such alteration or reconstruction would, or is likely to, materially increase emissions from the plant or cause new emissions therefrom.

(2)Whenever a local authority receive a notice under this section, the local authority, notwithstanding any other provision of this Act, may—

(a)if there is a licence in force in respect of the industrial plant concerned, either review the licence under section 33 or direct the occupier to apply for a new licence, or

(b)if there is no such licence in force, direct the occupier to apply for a licence,

and the occupier shall not effect the alteration or reconstruction until the review has been completed or the new licence or licence, as the case may be, has been granted.

(3)Where a local authority decide pursuant to subsection (2) to review a licence or to direct the occupier concerned to apply for a new licence or, as the case may be, a licence, the local authority shall, within one month of the receipt by them of the notice under this section, inform the occupier concerned accordingly and, if such occupier is not so informed, subsection (2) shall cease to have effect in relation to the alteration or reconstruction specified in the notice.

PART IV Special Control Areas

39. Special control areas.

(2)In deciding whether it is necessary or expedient to make a special control area order in relation to any area, the local authority shall have regard to—

(a)the incidence and cause of air pollution in the area, and

(b)any air quality management plan in force in relation to the area, and

(c)any relevant air quality standard, and

(d)the availability of the means necessary for compliance with the order, and

(e)the expense which would be incurred in complying with the order.

(3)A special control area order shall specify—

(a)the area to which it relates,

(b)the pollutant with which it is concerned, and

(c)the measures to be taken and the requirements which shall have effect in the area to which the order relates.

(4)The Minister may, if he considers it expedient so to do in order to prevent or limit air pollution, having regard to the provisions of paragraphs (a), (b), (c), (d) and (e) of subsection (2), direct a local authority to make a special control area order in relation to such area and such pollutant as may be specified in the direction and may, if he thinks fit, further direct the order should specify that particular measures shall be taken and that particular requirements shall have effect in such area and the local authority concerned shall comply with any direction of the Minister given under this subsection within such period as may be specified in the direction.

(5)A local authority may, with the consent of any other local authority concerned, make a special control area order in relation to an area which is within the functional area of the other authority.

(6) (a)Subject to paragraph (b), a local authority may, by order under subsection (1), revoke or amend a special control area order.

(b)A local authority may revoke or amend a special control area order which is made pursuant to a direction of the Minister under subsection (4) only with the consent of the Minister.

(7)A local authority shall, from time to time and at least once in every five years, review every special control area order made by them, and which is in operation, for the purpose of deciding whether it is necessary or desirable to revoke or amend the order.

(8)The making, revoking or amending of a special control area order and the giving of consent under subsection (5) to the making of such an order shall be a reserved function.

40. Special control area orders.

(a)prohibit, subject to such exceptions or limitations as may be specified, the emission of a specified pollutant from specified classes or descriptions of premises;

(b)prohibit, subject to such exceptions or limitations as may be specified, the burning other than in an authorised fireplace of any fuel other than an authorised fuel;

(c)prohibit, subject to such limitations and exceptions as may be specified, the burning of straw, waste or any other substance;

(d)make, having regard to all the circumstances, different provisions for different parts of the area to which the order relates and for different premises or classes of premises;

(e)exempt, with or without conditions, such premises or classes of premises as may be specified from all or any of the requirements of the order;

(f)exempt, with or without conditions, such fireplaces or such classes of fireplaces as may be specified from all or any of the requirements of the order;

(g)specify the types or qualities of fuels to be, or not to be, burnt in such fireplaces or such classes of fireplaces as may be specified;

(h)specify the conditions subject to which, or the purposes for which, specified fuels or classes of fuels may be burnt in the special control area;

(i)prohibit or limit the carrying on of such operations or processes as may be specified in the special control area or specify the conditions under which such operations or processes may be carried on;

(j)prohibit or restrict the sale or delivery in a special control area of specified fuels or classes of fuels.

(2)The Minister may, by regulations, declare that any particular class of fireplace shall, subject to such conditions as may be specified in the regulations, be an authorised fireplace for the purposes of a special control area order.

(3)The Minister may, by regulations, declare that any particular type of fuel shall be an authorised fuel for the purposes of a special control area order.

(4)Any person who contravenes any provision of a special control area order which is in operation shall be guilty of an offence.

(5)In any proceedings relating to the contravention of a special control area order and involving the emission of a pollutant, it shall be a good defence to establish that—

(a)the emission of the pollutant was not caused by the use of a fuel other than an authorised fuel;

(b)the emission of the pollutant was caused by the burning of a fuel other than an authorised fuel in an authorised fireplace in accordance with the conditions (if any) subject to which the fireplace was declared to be an authorised fireplace.

41. Confirmation of special control area order.

(a)stating that a special control area order has been made and specifying the area to which the order relates;

(b)naming a place where a copy of the order and any map or plan referred to therein may be inspected free of charge by any interested person;

(c)specifying the times and the period, being not less than one month, during which the order and the map and plan (if any) can be so inspected;

(d)specifying the period, being not less than one month, within which, and the manner in which, any person affected by the order may make objections thereto;

(e)stating that the order will not come into operation until it has been confirmed by the Minister;

(f)stating that if objections are duly made to the order and are not withdrawn, the Minister, before confirming or refusing to confirm the order, will cause an oral hearing to be held at which any person who has, within the period specified in the notice, made an objection to the order will be afforded an opportunity of being heard.

(2)As soon as may be after the period for the making of objections has expired, the local authority concerned shall transmit the special control area order to the Minister for confirmation and, when so transmitting the order, they shall also transmit to the Minister any objections which have, within the specified period, been made and have not been withdrawn.

(3)Where no objections have, within the specified period, been made to the making of the special control area order or all such objections have been withdrawn, the Minister may—

(a)by order confirm the special control area order with or without modifications, or

(b)refuse to confirm the order, or

(c)if he considers it desirable so to do, before confirming, or refusing to confirm, the order, cause an oral hearing to be held in relation to the order.

(4)Where objections have, within the specified period, been made to the making of the special control area order and such objections have not been withdrawn, the Minister shall cause an oral hearing to be held in relation to the order and shall afford each person who duly made an objection to the order the opportunity of being heard.

(5)When he has considered the report (including any recommendation contained therein) of the person who held the oral hearing, the Minister may, by order, confirm the special control area order, with or without modifications, or he may refuse to confirm it.

(6)In deciding whether or not to confirm a special control area order, the Minister shall have regard to the provisions of paragraphs (a), (b), (c), (d) and (e) of section 39 (2).

(7)Every order made by the Minister under this section confirming a special control area order shall specify a date, being not less than six months after the date of the making of the confirming order, on which the special control area order shall come into operation: provided always that the date so specified in relation to a special control area order which—

(a)revokes a previous special control area order, or