Air Pollution Act 1987

(b)exempts specified areas or specified buildings or classes of buildings from all or any of the requirements of a special control area order,

may be the date of the making of the confirming order or any date subsequent to that date.

(8)Notice of the making of an order confirming a special control area order and of the date on which the special control area order shall come into operation shall be published, given or served by the local authority concerned in such manner as the Minister may direct.

42. Oral hearings.

(2)A person conducting an oral hearing may require any officer of a local authority concerned to give to him any information which he reasonably requires for the purpose of the hearing, and it shall be the duty of the officer concerned to comply with the requirement.

(3) (a)A person conducting an oral hearing may visit and inspect premises for any purpose he considers necessary in relation to the special control area order which is the subject of the hearing.

(b)Any person who obstructs the exercise of the power conferred by this subsection shall be guilty of an offence.

(4)A person conducting an oral hearing may take evidence on oath and for that purpose may administer oaths, and a person giving evidence shall be entitled to the same immunities and privileges as if he were a witness before the High Court.

(5) (a)Subject to paragraph (b), a person conducting an oral hearing may, by giving notice in that behalf in writing to any person, require that person to attend at such time and place as is specified in the notice to give evidence in relation to any matter in question at the hearing or to produce any books, deeds, contracts, maps, plans, or other documents in his possession, custody or control which relate to any such matter.

(b)The following provisions shall have effect for the purposes of the foregoing paragraph:

(i)it shall not be necessary for a person to attend in compliance with a notice at a place more than ten miles from his ordinary place of residence unless such sum as will cover the reasonable and necessary expenses of the attendance have been paid or tendered to him;

(ii)the local authority shall, at the request of the person conducting the oral hearing, pay or tender to any person whose attendance is required such sum as the person conducting the hearing considers will cover the reasonable and necessary expenses of the attendance;

(iii)any person who in compliance with a notice has attended at any place shall, save in so far as the reasonable and necessary expenses of the attendance have already been paid to him, be paid those expenses by the local authority, and those expenses, save as aforesaid, shall, in default of being so paid, be recoverable as a simple contract debt in any court of competent jurisdiction;

(iv)every person to whom a notice has been given who refuses or who wilfully neglects to attend in accordance with the notice or who wilfully alters, suppresses, conceals or destroys any document to which the notice relates or who, having so attended, refuses to give evidence or refuses or wilfully fails to produce any document to which the notice relates shall be guilty of an offence.

(6)Where an oral hearing is conducted on behalf of the Minister under this Act by a person appointed for the purpose by the Minister, the person so appointed shall make to the Minister a written report on the hearing and shall include in his report a recommendation relating to the matter with which the hearing was concerned.

43. Relaxation or suspension of special control area order.

(2)Before making an order under subsection (1), the Minister shall, unless because of the urgency of the situation such consultation is not practicable, consult the local authority concerned.

(3)The Minister may by order amend or revoke an order under this section (including this subsection).

(4)A local authority concerned shall publish, in such manner as the Minister may direct, notice of the making of an order under this section.

44. Power of local authority to require alterations to premises.

(a)is within a special control area, or

(b)will be, when a special control area order which has been confirmed by the Minister comes into operation, within such an area,

require the owner or occupier of the premises to carry out such alterations to the premises as may be specified in the notice.

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

(a)specify the works which appear to the local authority to be necessary in order to comply with the special control area order;

(b)direct the person on whom the notice is served to carry out, or to cause to be carried out, such works as are specified in the notice;

(c)specify a period (being not less than twenty-eight days beginning on the date of service of the notice and ending not sooner than the date on which the special control area order comes into operation) within which such works are to be completed;

(d)specify that representations in writing in relation to the terms of the notice may be made by the person on whom the notice is served to the local authority within the period stated in the notice.

(3)The local authority shall consider any representations duly made to them within the period specified in the notice and, having considered such representations if they consider it reasonable so to do, may amend or revoke the notice.

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

(5)Where a person on whom a notice has been served under this section does not, within the period specified, comply with the requirements of the notice or, as the case may be, the notice as amended, the local authority that served the notice may take such steps as they consider reasonable and necessary to secure such compliance.

(6)A local authority may recover any expenses incurred by reason of the exercise of the powers conferred on them by subsection (5) from the person on whom a notice under this section was served as a simple contract debt in any court of competent jurisdiction.

45. Financial assistance for certain works.

(2)Without prejudice to the generality of subsection (1), the following provisions shall apply to a scheme under this section:

(a)such scheme may provide for its administration in whole or in part by a local authority or by such other person or body (including the Minister) as may be specified in the scheme;

(b)such scheme may provide for the determination by the Minister or by any other person (including an arbitrator) of any dispute which arises as to the entitlement of any person to, or the amount of, any financial assistance payable under the scheme;

(c)notice of the making of such a scheme shall be published in such a manner as to the Minister seems appropriate.

(3)The Minister may, with the consent of the Minister for Finance, amend or revoke a scheme made by him under this section.

PART V Air Quality Management Plans and Standards

46. Air quality management plans.

(2)A local authority may, from time to time as occasion demands, and shall at least once in every five years after the date of the making of an air quality management plan, review the plan and make in it any variations (whether by way of alteration, addition or deletion) which they consider proper or replace it by a new plan.

(3)Two or more local authorities may, in relation to all or any part of their functional areas, jointly make an air quality management plan and the provisions of subsection (2) shall apply to any such plan.

(4)An air quality management plan shall contain such objectives as seem to the local authority concerned to be reasonable and necessary for the prevention or limitation of air pollution or the preservation or improvement of air quality in the area to which such plan relates but shall not contain any objective which would be inconsistent with any regulations made under sections 50 or 51 or with any special control area order in operation in relation to such area.

(5)The making, review, variation or replacement of an air quality management plan shall be a reserved function.

47. Power of Minister in relation to an air quality management plan.

(a)direct a local authority, or two or more local authorities jointly, to make an air quality management plan;

(b)require a local authority or, as the case may be, two or more local authorities, to vary (whether by alteration, addition or deletion) an air quality management plan made or jointly made by them in such manner as the Minister may specify or to replace the plan by a new plan;

(c)require that an air quality management plan made or to be made by two or more local authorities be co-ordinated in such manner and in relation to such matters as the Minister may specify;

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

48. Publication of notices in relation to air quality management plans.

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

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

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

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

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

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

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

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

49. Duty of local authority on making, varying or replacing an air quality management plan.

50. Air quality standards.

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

(a)relate an air quality standard to a particular pollutant or to a combination of pollutants;

(b)express an air quality standard as a concentration in the air, or as a mass depositing on a specified area, of the particular pollutant or combination of pollutants which is not to be exceeded for specified periods and under specified conditions;

(c)provide that the Minister may suspend, relax or modify an air quality standard for such period and in such circumstances as may be specified either generally or in relation to a particular area.

(3)Where it appears as a result of monitoring carried out under section 54, or otherwise, that an air quality standard is being, or is likely to be, exceeded in any part of their functional area, a local authority shall—

(a)include in any air quality management plan prepared by them such objectives as the local authority consider appropriate for the improvement of the quality of the air and for the prevention or limitation of air pollution in the affected area so that within such period as the local authority consider reasonable, or such period as the Minister may direct, the air quality standard will not be exceeded, and

(b)take such other steps as may be appropriate in discharge of their functions under this Act to secure compliance with the air quality standard.

51. Emission limit values.

(2)An emission limit value may relate to a particular pollutant or to a combination of pollutants.

(3)Where a relevant emission limit value is specified in regulations under this section, the occupier of any premises from which the pollutant or, as the case may be, the combination of pollutants, is emitted into the atmosphere shall take such steps as may be necessary to ensure that such emissions do not exceed the emission limit value concerned.

(4)The Minister may give directions to a local authority in relation to the sampling, analysis and measurement methods to be used in determining whether emissions of any pollutant or combination of pollutants comply with an emission limit value specified in relation to that pollutant or combination of pollutants and it shall be the duty of the local authority concerned to comply with any such directions.

(5)Regulations under this section may provide that the Minister may suspend, relax or modify an emission limit value for such period and in such circumstances as may be specified either generally or in relation to premises of a particular class or in relation to a particular area.

52. Directions by Minister in relation to air pollution.

(2)In performing their functions under this Act, a local authority and An Bord Pleanála shall have regard to any directions issued by the Minister under this section.

(3)Whenever the Minister gives a direction under this section, he shall—

(a)cause a copy of the direction to be transmitted to each local authority and to An Bord Pleanála,

(b)cause to be published in Iris Oifigiúil a notice of the issue of the direction.

(4)Whenever the Minister causes a notice to be published pursuant to subsection (3) (b), such notice shall specify where a copy of the direction to which it relates may be obtained and the fee (if any) payable in respect of such copy.

53. Regulations in relation to fuel.

(a)the standard, specification, composition and contents of any fuel of a type which is used in mechanically propelled vehicles or in mechanically propelled vehicles of a particular class or description or mechanically propelled vehicles in a particular area or a particular class of areas;

(b)the standard, specification, composition and contents of any type of fuel which is burnt in fireplaces or in fireplaces of a particular class or description or in fireplaces in a particular area or particular class of areas;

(c)the production, treatment, importation, F42[placing on the market, distribution, storage or sale] of fuel of any type or description;

F43[(ca)the requirement for a specified person or persons of a class carrying on a specified fuel activity or class of fuel activity to register on the fuels register;]

(d)the burning, or the prohibition of burning, in fireplaces, or in fireplaces of a particular class or description of a fuel, or of a fuel which does not comply with such requirements as may be specified;

(e)the use, or the prohibition of the use, in mechanically propelled vehicles, or in mechanically propelled vehicles of a particular class or description of a fuel, or of a fuel which does not comply with such requirements as may be specified.

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

(a)prohibit the F44[sale, distribution, storage, use] or burning of a fuel which does not conform with such standards as may be specified either generally or in a specified area or class of areas;

(b)specify different standards in relation to different fuels;

(c)specify the tests which shall be conducted to establish whether a fuel complies with the provisions of regulations made under this section;

(d)provide for exemption in such circumstances or in such cases as may be specified from all or any of the provisions of the regulations;

(e)require that specified information in relation to fuels be displayed at such places and in such a manner as may be specified;

(f)provide for the enforcement of the regulations (or of any provision thereof) by persons specified in the regulations and provide for the powers of such persons and any person authorised by such persons;

(g)provide for the issue of certificates by such persons as may be specified;

(h)provide for the keeping of records by specified persons and for the examination of such records;

(i)provide for the examination of such premises, records and vehicles as may be specified and for the requirements that may be made of the owner or other person in charge of premises, records or vehicles so specified for the purpose of such examination;

(j)provide for the taking of samples of fuels at specified premises or from specified vehicles;

(k)provide for the colouring of different fuels to be used in different mechanically propelled vehicles or classes of mechanically propelled vehicles;

(l)provide that any certificate or other evidence given or to be given in respect of any test, examination or analysis of any sample taken or conducted pursuant to the regulations shall be evidence, without further proof, of the result of the test, examination or analysis, until the contrary is shown.

F45[(3)Without prejudice to the generality ofsubsection (1)(ca), regulations relating to the fuels register may—

(a)prohibit the carrying on of a specified fuel activity or class of fuel activity by a specified person or person of a class unless the person is registered on the fuels register;

(b)specify conditions to be satisfied by a specified person or person falling within a class of persons carrying on a specified fuel activity before being entered on the fuels register including conditions relating to—

(i)the information to be furnished to the Agency,

(ii)the nature, scale or location of the fuel activity being carried on, and

(iii)the suitability for purpose of premises or vehicle where specified fuel activity is carried on,

(c)provide for the fee to accompany an application undersection 22A(2)to be entered on the fuels register, and

(d)provide for conditions attaching to continued registration on the fuels register including conditions relating to—

(i)the period of time for which registration shall have effect,

(ii)the nature, scale or location of the fuel activity to which the registration relates,

(iii)the notification of the Agency of any change to the nature, scale or location of fuel activity being carried on or to the premises or vehicle concerned, and

(iv)the display of the registration number issued by the Agency undersection 22Eor other information or its production to specified persons.]

PART VI Miscellaneous

54. Monitoring of air quality and emissions.

(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.

55. Power of court to authorise works.

(2)If, on the hearing of an application under subsection (1), the District Court determines that the consent of the other person has been unreasonably withheld, the District Court may, in its discretion, deem the consent to have been given and direct the occupier of the premises to carry out the works.

(3)If the occupier of any premises is required to carry out, pursuant to this Act, works on the premises, and such occupier considers that the cost of such works should be borne, in whole or in part, by the owner of the premises or some other person who has an interest therein, or by the owner or occupier of an adjoining premises, he may apply to a court of competent jurisdiction for an order directing that the whole, or such part as may be specified in the order, of the cost of the works be borne by, as the case may be, the owner of the premises, the other person interested therein or the owner or occupier of the adjoining premises; and the court shall make such order on the hearing of the application as it considers just having regard to all the circumstances of the case.

56. Application of Local Government (Planning and Development) Act, 1963.

(2)The grant of a permission under Part IV of the Local Government (Planning and Development) Act, 1963, in relation to any premises shall not prejudice, affect or restrict in any way the application of any provision of this Act to such premises.

57. Transitional provisions in relation to alkali, etc. work.

(2)Notwithstanding the provisions of subsection (1), the provisions of section 9 of the Alkali, etc. Works Regulation Act, 1906, in relation to the registration of works shall not apply to a relevant work.

(3)A local authority in whose functional area a relevant work is situated shall, on and after the commencement of this section, be responsible for ensuring that it is carried on in accordance with the provisions of subsection (1).

(4)In this section “ relevant work ” means existing industrial plant which is either—

(a)an alkali work within the meaning of the Alkali, etc. Works Regulation Act, 1906, or

(b)a work listed in the First Schedule to that Act.

58. Transitional provisions in relation to certain licensable works.

59. Savers.

(2)A person shall not be entitled solely by reason of the grant of a licence under this Act to construct, alter or operate industrial plant or to carry on any other operation or activity.

(3)Save for section 28 (4), nothing in this Act shall affect the operation of the Safety in Industry Acts, 1955 and 1980, in relation to factories or to any other premises to which those Acts apply.