AIR POLLUTION (AMENDMENT) ACT 2026

An Act to amend the Air Pollution Act 1987 to make new provision for the appointment and powers of authorised persons, for offences, penalties, fixed payment notices and compliance notices, for regulations relating to fuel, for the establishment of registers, appointment of registration bodies and registration on such registers, for the forfeiture of articles connected with an offence, and for the sharing of information, and for other purposes; and to provide for related matters.

[18th June, 2026]

Be it enacted by the Oireachtas as follows:

PART 1 Preliminary and General

1. Short title and commencement

1. (1) This Act may be cited as the Air Pollution (Amendment) Act 2026.

• (2) This Act shall come into operation on such day or days as the Minister for Climate, Energy and the Environment may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

2. Definition

2. In this Act, “Principal Act” means the Air Pollution Act 1987.

3. Repeals

3. The following are repealed:

• (a) in the Principal Act:

• (i) in section 11, subsections (1) and (3);

• (ii) section 12;

• (iii) section 14;

• (iv) Part IA;

• (v) section 53;

• (b) Part 3 of the Environment (Miscellaneous Provisions) Act 2011;

• (c) sections 19, 20, 23, 24 and 26 of the Environment (Miscellaneous Provisions) Act 2015.

PART 2 Amendment of Principal Act

4. Amendment of section 4 of Principal Act

4. The Principal Act is amended by the substitution of the following section for section 4:

“4. ‘Air pollution’ in this Act means the presence of a substance in air in such a quantity as to be liable to—

• (a) be injurious to public health,

• (b) have a deleterious effect on flora or fauna or an ecosystem,

• (c) damage property,

• (d) create a nuisance, or

• (e) impair or interfere with amenities or the environment.”.

5. Amendment of section 7 of Principal Act

5. Section 7(1) of the Principal Act is amended—

• (a) by the deletion of the following definitions:

• (i) “fuel activity”;

• (ii) “fuel register”;

• (iii) “the register”,

• (b) by the substitution of the following definition for the definition of “authorised person”:

“ ‘authorised person’ means a person appointed as an authorised person under section 14A or 14B;”,

• (c) in the definition of “emission”, by the substitution of “air” for “atmosphere”,

• (d) by the insertion of the following definition:

“ ‘functional area’, in relation to a local authority, means the administrative area of the local authority for the purposes of the Local Government Act 2001;”,

• (e) by the substitution of the following definition for the definition of “local authority”:

“ ‘local authority’ means a local authority within the meaning of the Local Government Act 2001;”,

• (f) by the substitution of the following definition for the definition of “pollutant”:

“ ‘pollutant’ means—

• (a) any substance specified in the First Schedule, or

• (b) any other substance (including a substance which gives rise to odour) which, when emitted into the air, either by itself or in combination with any other substance, may cause air pollution;”,

and

• (g) by the substitution of the following definition for the definition of “reserved function”:

“ ‘reserved function’ means a reserved function within the meaning of the Local Government Act 2001;”.

6. Continuing offences

6. The Principal Act is amended by the insertion of the following section after section 11:

“11A. (1) A person guilty of a relevant offence shall, on each day on which, after having been convicted of that offence, he or she continues the contravention that constitutes the offence, be guilty of a further offence and for each such further offence shall be liable—

• (a) on summary conviction, to a class E fine, or

• (b) on conviction on indictment, to a fine not exceeding €5,000.

• (2) In this section, ‘relevant offence’ means an offence under any provision of this Act other than—

  • (a) section 16(3) or (5),

  • (b) section 53C(2), or

  • (c) section 53W(2).”.

7. Amendment of section 12A of Principal Act

7. The Principal Act is amended by the substitution of the following section for section 12A:

“12A. (1) Where an authorised person has reasonable grounds for believing that a person has committed an offence under section 53C(2), the authorised person may serve on the person a notice (a ‘fixed payment notice’) in the prescribed form stating—

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

• (b) that the person may, during the period of 28 days beginning on the date of the fixed payment notice, make to the local authority specified in the notice a payment of €1,000 in respect of the offence, using a payment method which is specified in the notice,

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

• (d) that a prosecution of the person in respect of the offence will not be instituted during the period of 28 days beginning on the date of the notice, and

• (e) that if the payment specified in the notice is made during the period of 28 days beginning on the date of the notice, the person will not be prosecuted for the offence.

• (2) Where a fixed payment notice is served on a person under subsection (1)—

  • (a) the person to whom the notice applies may make a payment in accordance with subsection (1)(b),

  • (b) no prosecution of the person in respect of the offence to which the notice relates shall be instituted during the period of 28 days referred to in subsection (1)(b),

  • (c) if the person to whom the notice applies makes a payment in accordance with subsection (1)(b), the person shall not be prosecuted for the offence,

  • (d) the local authority specified in the notice shall receive and retain in accordance with subsection (4) any payment that the person makes in accordance with subsection (1)(b), and issue a receipt for the payment, and

  • (e) any payment received by the local authority specified in the notice shall not be recoverable by the person who made it.

• (3) In proceedings for an offence under section 53C(2), it shall be a defence for the defendant to prove that he or she made a payment in accordance with this section pursuant to a fixed payment notice served on the defendant in respect of the offence.

• (4) Moneys received by a local authority pursuant to a fixed payment notice shall be lodged to the credit of the local fund maintained by the local authority in accordance with section 97 of the Local Government Act 2001 and expended in accordance with that section.”.

8. Enforcement provisions

8. (1) The Principal Act is amended by the insertion of the following sections after section 14:

“Authorised persons appointed by Minister

14A. (1) The Minister may, for the purposes of this Act—

• (a) appoint such officers of the Minister as he or she considers appropriate to be authorised persons, and

• (b) appoint such other persons as he or she considers appropriate to be authorised persons, for such period and subject to such other terms and conditions as he or she may determine.

• (2) Without prejudice to subsection (1), an appointment under that subsection may be subject to such terms as the Minister may determine—

  • (a) as to engagement with local authorities,

  • (b) as to the areas in which or the circumstances in which the person appointed may exercise any of the powers of an authorised person, and

  • (c) otherwise in relation to the exercise of any of those powers.

• (3) A person appointed under subsection (1) shall on appointment be given a certificate of the appointment, and when exercising a power conferred by or under this Act shall, if requested by a person affected by the exercise of the power, produce the certificate to that person for inspection.

• (4) An appointment under subsection (1) ceases—

  • (a) if the Minister revokes the appointment in writing,

  • (b) if the appointment is under subsection (1)(a) and the person appointed ceases to be an officer of the Minister, or

  • (c) if the appointment is for a fixed period and the period expires.

  Authorised persons appointed by local authority

  14B. (1) A local authority may for the purposes of this Act—

  • (a) appoint such members of staff of the local authority as it considers appropriate to be authorised persons, and

  • (b) appoint such other persons as it considers appropriate to be authorised persons, for such period and subject to such other terms and conditions as it may determine.

• (2) Without prejudice to subsection (1), but subject to any regulations under subsection (3), any appointment under subsection (1) may be subject to such terms as the local authority may determine—

  • (a) as to engagement with other local authorities, and

  • (b) otherwise in relation to the exercise by the person appointed of any of the powers of an authorised person.

• (3) The Minister may by regulations make provision in relation to the areas in which or the circumstances in which a person appointed under subsection (1) may exercise any of the powers of an authorised person.

• (4) A person appointed under subsection (1) shall on appointment be given a certificate of the appointment, and when exercising a power conferred by or under this Act shall, if requested by a person affected by the exercise of the power, produce the certificate to that person for inspection.

• (5) An appointment under subsection (1) ceases—

  • (a) if the local authority revokes the appointment in writing,

  • (b) if the appointment is under subsection (1)(a) and the person appointed ceases to be a member of staff of the local authority, or

  • (c) if the appointment is for a fixed period and the period expires.

  Definitions — sections 14D to 14H

  14C. (1) In sections 14D to 14H, ‘premises’ includes a vehicle.

• (2) In this section and sections 14D and 14E, ‘vehicle’ means any conveyance in or by which a person or thing is transported, which is designed for use on land or in water or both, and includes—

  • (a) a part of a vehicle,

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

  • (c) a container, trailer, tank or other thing which is designed or constructed to be placed on, in, or attached to, a vehicle.

  Powers of authorised persons to enter premises

  14D. (1) Subject to subsection (2), an authorised person—

  • (a) may, at all reasonable times, enter any premises if he or she has reasonable grounds for believing that it is necessary for any purpose connected with this Act or regulations made under it, and

  • (b) may bring with him or her such persons (including members of An Garda Síochána and officers of the Revenue Commissioners) and such equipment as he or she considers necessary for the purpose.

• (2) An authorised person shall not enter a private dwelling other than—

  • (a) with the consent of the occupier, or

  • (b) pursuant to a warrant under section 14G.

  Powers of authorised persons to detain and halt vehicles

  14E. (1) An authorised person may at any time, if he or she has reasonable grounds for believing that it is necessary to do so for any purpose connected with this Act or regulations made under it—

  • (a) detain a stationary vehicle, or

  • (b) subject to subsection (2), halt a vehicle and detain it.

• (2) An authorised person may not halt a vehicle in a public place except in the presence of a member of An Garda Síochána or an officer of the Revenue Commissioners.

• (3) An authorised person who detains a vehicle under subsection (1) may have it taken, or, where there is a driver in charge of the vehicle, require the driver to take it, to a place designated by the authorised person, and may detain it there.

• (4) An authorised person may detain a vehicle under subsection (1) or (3) for such period as he or she considers necessary for any purpose connected with this Act or regulations made under it.

• (5) In this section, ‘public place’ has the same meaning as it has in the Road Traffic Act 1961.

Powers of authorised persons entering premises

14F. (1) Whenever an authorised person enters any premises for any purpose connected with this Act or regulations made under it, the authorised person may (to such extent as, having regard to all the circumstances, appears to the authorised person to be necessary)—

- (a) carry out inspections and searches,

- (b) make plans, take photographs, make sound and video recordings and otherwise record information by any means,

- (c) inspect and make copies of books, records and other documents (including documents stored in non-legible form),

- (d) take possession of books, records and other documents, labels or packaging, and remove them and retain them for such period as the authorised person considers necessary,

- (e) conduct on or in relation to anything on the premises any test, examination, analysis, investigation, measurement or monitoring relating to any matter,

- (f) take samples and remove them for testing, examination or analysis,

- (g) require any person at the premises, the owner or person in charge of the premises and any person employed at the premises—

    - (i) to give the authorised person any information in the person’s possession or control or which the person is able to procure,

    - (ii) to produce to the authorised person books, records or other documents in the person’s possession or control or which the person is able to procure (and in the case of documents stored in non-legible form, to produce a legible reproduction), and

    - (iii) to give the authorised person any other assistance that the person is able to give,

- (h) require any person at the premises, the owner or person in charge of the premises and any person employed at the premises to answer such questions as the authorised person may ask relative to any matter in connection with compliance with this Act or regulations made under it,

- (i) require that the premises, any part of the premises or anything on the premises is not to be disturbed, or that anything is not to be removed from the premises, without the authorised person’s consent, and

- (j) secure the premises or any part of them for later inspection, for such period as may reasonably be necessary.

• (2) The Minister may make regulations for the purposes of this section in relation to—

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

  • (b) the classes of persons responsible for the taking of such samples and for the carrying out of such tests, examinations and analyses,

  • (c) the form of the certificate or other evidence to be given of the result of any such test, examination or analysis, and

  • (d) the class or classes of person by whom a certificate or other evidence prescribed under paragraph (c) is to be given.

• (3) For the purposes of this Act and regulations made under it, a certificate or other evidence given in a form prescribed in accordance with subsection (2)(c) stating the result of a prescribed test, examination or analysis and that the test, examination or analysis was conducted pursuant to regulations under this section, shall be sufficient evidence of those matters unless the contrary is shown.

• (4) A statement or admission made by a person pursuant to a requirement under paragraph (g) or (h) of subsection (1) is not admissible as evidence in proceedings brought against that person for an offence (other than an offence under paragraph (b) or (c) of section 14H).

• (5) In this section, ‘person in charge’ in relation to premises means a person under whose direction and control any activities at the premises are conducted.

Warrant to enter premises

14G. (1) Where an authorised person in the exercise of his or her powers under this Act or regulations made under it—

- (a) is prevented from entering any premises, or

- (b) has reason to believe that evidence relating to the commission of an offence under this Act may be present on any premises,

  the authorised person or the person by whom he or she was appointed may apply to the District Court for a warrant authorising the entry by the authorised person onto the premises.

• (2) If, on application to him or her under subsection (1), a judge of the District Court is satisfied on the sworn information of the authorised person that he or she—

  • (a) has been prevented from entering any premises, or

  • (b) has reason to believe that evidence relating to the commission of an offence under this Act may be present on any premises,

  the Court may issue a warrant authorising the authorised person at any time or times within one month from the date of issue of the warrant, on production of the warrant if so requested, to enter, if necessary by use of reasonable force, the premises concerned, to take with him or her such persons (including members of An Garda Síochána and officers of the Revenue Commissioners) and such equipment as he or she may consider necessary for the purpose, and to exercise all or any of the powers conferred on an authorised person by or under this Act.

  Offences

  14H. A person who—

  • (a) obstructs or impedes an authorised person in the exercise of any of the powers conferred on him or her by section 14D, 14E or 14F,

  • (b) gives to an authorised person acting in the exercise of any of those powers information which is false or misleading in a material respect, or

  • (c) fails or refuses to comply with a requirement imposed by an authorised person under paragraph (g), (h) or (i) of section 14F(1),

  shall be guilty of an offence and liable—

  - (i) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both, or
  
  - (ii) on conviction on indictment, to a fine not exceeding €500,000, or imprisonment for a term not exceeding 24 months, or both.
  
    **Liability of authorised persons**
  
    **14I.** (1) Where the Minister is satisfied that an authorised person appointed by the Minister has performed his or her functions under this Act or regulations made under it in good faith, the Minister shall indemnify the authorised person against any actions or claims, however they arise, in relation to the performance by the authorised person of those functions.
  

• (2) Where a local authority is satisfied that an authorised person appointed by it has performed his or her functions under this Act or regulations made under it in good faith, the local authority shall indemnify the authorised person against any actions or claims, however they arise, in relation to the performance by the authorised person of those functions.

Compliance Notice

14J. (1) Where an authorised person is of the opinion that a person is not complying, or has not complied with this Act or regulations made under it, the authorised person may serve on the person a notice (a ‘compliance notice’) stating that opinion.

• (2) A compliance notice shall—

  • (a) state the grounds for the authorised person being of the opinion referred to in subsection (1),

  • (b) require the person on whom it is served to take such measures (including refraining from doing such activities) as are specified in the notice for the purpose of ensuring compliance with this Act or regulations made under it,

  • (c) specify a date as the date by which, subject to subsection (10), the measures referred to in paragraph (b) are required to be taken, and

  • (d) advise the person on whom the compliance notice is served of his or her right under section 14K to appeal against the compliance notice and to apply to suspend the operation of the compliance notice.

• (3) The date specified in a compliance notice for the purposes of subsection (2)(c) shall not be earlier than the end of the period within which an appeal may be brought under section 14K.

• (4) A compliance notice—

  • (a) may be served whether or not there has been a prosecution for an offence under this Act in relation to the matter the subject of the compliance notice, and

  • (b) shall not prejudice the initiation of a prosecution for an offence under this Act in relation to the matter the subject of the compliance notice.

• (5) An authorised person, at any time when he or she considers it appropriate or necessary having regard to his or her functions under this Act or regulations made under it, may—

  • (a) revoke a compliance notice, or

  • (b) serve a notice amending a compliance notice.

• (6) Where a compliance notice is amended under subsection (5)(b), references in this section and section 14K to a compliance notice include references to the compliance notice as amended.

• (7) A compliance notice remains in force until—

  • (a) it is discharged on appeal,

  • (b) an authorised person revokes it, or

  • (c) an authorised person gives notice to the recipient stating that the compliance notice has been complied with.

• (8) A person who fails to comply with a compliance notice by the compliance date shall be guilty of an offence and liable—

  • (a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both, or

  • (b) on conviction on indictment, to a fine not exceeding €500,000 or imprisonment for a term not exceeding 24 months, or both.

• (9) Where a person does not comply with a compliance notice by the compliance date the authorised person may take any measures he or she considers necessary for the purpose of ensuring compliance with this Act or regulations made under it, and the authorised person may recover the cost of such measures from the person to whom the compliance notice is given as a simple contract debt in a court of competent jurisdiction.

• (10) In this section and section 14L, ‘compliance date’ means—

  • (a) subject to paragraph (b), the date specified in the compliance notice in accordance with subsection (2)(c), or

  • (b) where an appeal is brought under section 14K, the latest of the following dates:

    • (i) the date specified in the compliance notice in accordance with subsection (2)(c);

    • (ii) if the appeal is withdrawn, the date on which it is withdrawn;

    • (iii) subject to paragraph (iv), if the compliance notice is confirmed on appeal, the date on which it is confirmed or, if the date specified in the compliance notice is modified in accordance with section 14K(2)(a), the date as so modified;

    • (iv) if the operation of the compliance notice is suspended for a period on an application under section 14K(3), the date on which the period expires.

    Appeal against compliance notice, and application to suspend compliance notice

    14K. (1) A person on whom a compliance notice is served may, not later than 21 days from the date the notice is served, appeal against the compliance notice—

  • (a) to a judge of the District Court for the time being assigned—

    • (i) to the District Court district where the notice is served, or

    • (ii) to the District Court district where the person ordinarily resides or carries on any profession, business or occupation,

    or

  • (b) where the person does not ordinarily reside or carry on any profession, business or occupation in the State, to a judge of the District Court for the time being assigned—

    • (i) to the District Court district where the non-compliance referred to in section 14J(1) is stated by the notice to have occurred or to be occurring, or

    • (ii) to the Dublin Metropolitan District.

• (2) In determining the appeal, the judge of the District Court by whom the appeal is heard may, if he or she is satisfied that there are reasonable grounds for doing so in the interests of justice—

  • (a) confirm the compliance notice, with or without modification, or

  • (b) discharge the compliance notice.

• (3) Where a compliance notice is confirmed under subsection (2)(a), the District Court may, on the application of the appellant, suspend the operation of the compliance notice for such period as, in the circumstances of the case in the interests of justice, the Court considers appropriate.

• (4) A person who appeals against a compliance notice, or who applies to have the operation of a compliance notice suspended, shall at the same time notify the authorised person of the appeal or application and the authorised person shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal or application.

Application to District Court to enforce compliance notice

14L. (1) Where an authorised person is of the opinion that a person on whom a compliance notice has been served has failed to comply with the notice by the compliance date, the authorised person may apply to the District Court for an order requiring the person to take such measures as may be specified in the application to comply with the notice.

• (2) An application under subsection (1) shall be made on not less than 10 days’ notice to the person on whom the compliance notice was served.

• (3) On the hearing of an application under subsection (1), the District Court may—

  • (a) make the order sought,

  • (b) make the order sought subject to such variations to the measures referred to in subsection (1) as may be specified in the order, or

  • (c) dismiss the application,

  and, where paragraph (a) or (b) applies, the District Court may make such order as to costs as it thinks fit in respect of the application.

• (4) In respect of proceedings brought or heard in the District Court under this section—

  • (a) the amount for the time being specified as the monetary limit of the jurisdiction of the District Court shall not apply, and

  • (b) the monetary limit of the jurisdiction of the District Court shall be the amount for the time being specified as the monetary limit of the jurisdiction of the Circuit Court.

• (5) The jurisdiction conferred on the District Court by this section shall be exercised—

  • (a) by a judge of the District Court for the time being assigned—

    • (i) to the District Court district where the notice is served, or

    • (ii) to the District Court district where the person ordinarily resides or carries on any profession, business or occupation,

    or

  • (b) where the person does not ordinarily reside or carry on any profession, business or occupation in the State, to a judge of the District Court for the time being assigned to the District Court district where the non-compliance referred to in section 14J(1) is stated by the notice to have occurred or to be occurring.”.

• (2) A person who immediately before the commencement of this section was an authorised person appointed by a local authority for the purposes of section 7 of the Principal Act continues to be an authorised person on and after that commencement, and the appointment shall be treated as having been made by the local authority under section 14B of the Principal Act (inserted by subsection (1)).

9. Amendment of section 15 of Principal Act

9. The Principal Act is amended by the substitution of the following section for section 15:

“15. (1) A notice served on a person under this Act shall be in writing and, subject to subsection (2), shall be addressed to the person by name.

• (2) Where a notice under this Act is to be served on the owner or occupier of premises and the name of the person cannot be ascertained by reasonable inquiry, the notice may be addressed to the person by using the words ‘the owner’ or ‘the occupier’ as appropriate.

• (3) A notice served on a person under this Act shall be served in one or more of the following ways:

  • (a) by delivering it to the person;

  • (b) by leaving it at the address at which the person carries on business or ordinarily resides or, in a case in which an address for service has been furnished, at that address;

  • (c) by sending it by post in a prepaid registered letter to the address at which the person carries on business or ordinarily resides or, in a case in which an address for service has been furnished, to that address;

  • (d) where the address at which the person carries on business or ordinarily resides cannot be ascertained by reasonable inquiry and the notice relates to premises, by delivering it to a person over 16 years of age resident in, or employed at, the premises, or by affixing it in a conspicuous position on or near the premises;

  • (e) by electronic means, in a case in which the person has given notice in writing to the person serving the notice concerned of his or her consent to the notice, or notices of a class to which the notice belongs, being served on him or her in that manner.

• (4) For the purposes of this section, a company (within the meaning of the Companies Act 2014) 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.

• (5) In this section—

‘notice’ includes any document or notification;

‘serve’ includes giving or notifying.”.

10. Amendment of section 16 of Principal Act

10. Section 16 of the Principal Act is amended—

• (a) by the substitution of the following subsection for subsection (3):

• “(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 or she knows to be false or misleading in a material way shall be guilty of an offence and liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months, or both.”,

• (b) in subsection (4), by the substitution of “under section 55A” for “a person prescribed”, and

• (c) by the insertion of the following subsection after subsection (4):

• “(5) Any person who has been served with a notice under this section and who fails to comply with the provisions of paragraph (a), (b) or (c) of subsection (1) shall be guilty of an offence and liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months, or both.”.

11. Amendment of section 17 of Principal Act

11. Section 17 of the Principal Act is amended by the substitution of the following subsections for subsections (1) and (2):

• “(1) The Minister may by regulations—

  • (a) require local authorities to establish and maintain a register for any purpose relevant to the functions of local authorities under this Act or regulations made under it,

  • (b) prescribe the form and manner in which the register is to be established and maintained,

  • (c) prescribe matters to be registered on the register, and

  • (d) make other provision relating to the establishment and maintenance of the register.

• (2) Regulations under subsection (1) shall provide for the register established and maintained under the regulations to be made available to the public in a prescribed manner.”.

12. Amendment of section 24 of Principal Act

12. Section 24 of the Principal Act is amended—

• (a) in subsection (3), by the insertion of the following paragraphs after paragraph (b):

• “(ba) the emission concerned was in accordance with a licence or revised licence under the Environmental Protection Agency Act 1992, or

• (bb) the emission concerned related to a process, development or operation as regards which an order was in force under section 99B of the Environmental Protection Agency Act 1992, or”,

and

• (b) by the insertion of the following subsection after subsection (3):

• “(4) A person who fails to comply with subsection (1) or (2) shall be guilty of an offence and liable—

  • (a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both, or

  • (b) on conviction on indictment, to a fine not exceeding €500,000 or imprisonment for a term not exceeding 24 months, or both.”.

13. Amendment of section 25 of Principal Act

13. Section 25 of the Principal Act is amended—

• (a) in subsection (1), by the substitution of “air” for “atmosphere”,

• (b) in subsection (3), by the insertion of the following paragraphs after paragraph (b):

• “(ba) the emission concerned was in accordance with a licence or revised licence under the Environmental Protection Agency Act 1992, or

• (bb) the emission concerned related to a process, development or operation as regards which an order was in force under section 99B of the Environmental Protection Agency Act 1992, or”,

and

• (c) by the insertion of the following subsection after subsection (3):

• “(4) A person who fails to comply with a provision of regulations made under subsection (1) shall be guilty of an offence and liable—

  • (a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both, or

  • (b) on conviction on indictment, to a fine not exceeding €500,000 or imprisonment for a term not exceeding 24 months, or both.”.

14. Amendment of section 26 of Principal Act

14. Section 26 of the Principal Act is amended by the insertion of the following subsection after subsection (7):

• “(8) A person who fails to comply with a notice served on the person under subsection (1) shall be guilty of an offence and liable—

  • (a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both, or

  • (b) on conviction on indictment, to a fine not exceeding €500,000 or imprisonment for a term not exceeding 24 months, or both.”.

15. Amendment of section 29 of Principal Act

15. Section 29 of the Principal Act is amended by the insertion of the following subsection after subsection (1):

• “(1A) An occupier of a premises who fails to comply with subsection (1) shall be guilty of an offence and liable—

  • (a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both, or

  • (b) on conviction on indictment, to a fine not exceeding €500,000 or imprisonment for a term not exceeding 24 months, or both.”.

16. Amendment of section 30 of Principal Act

16. Section 30 of the Principal Act is amended by the insertion of the following subsection after subsection (3):

• “(4) A person who contravenes subsection (1) or regulations under subsection (2) shall be guilty of an offence and liable—

  • (a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both, or

  • (b) on conviction on indictment, to a fine not exceeding €500,000 or imprisonment for a term not exceeding 24 months, or both.”.

17. Amendment of section 40 of Principal Act

17. Section 40 of the Principal Act is amended by the substitution of the following subsection for subsection (4):

• “(4) A person who contravenes any provision of a special control area order shall be guilty of an offence and liable—

  • (a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both, or

  • (b) on conviction on indictment, to a fine not exceeding €500,000 or imprisonment for a term not exceeding 24 months, or both.”.

18. Amendment of section 46 of Principal Act

18. Section 46 of the Principal Act is amended, in subsection (4), by the substitution of “Subject to section 47, an” for “An”.

19. Amendment of section 47 of Principal Act

19. Section 47 of the Principal Act is amended by the insertion of the following paragraph after paragraph (a):

• “(aa) give directions either generally or in relation to a particular local authority or, as the case may be, two or more local authorities, as to matters to be contained in an air quality management plan made or jointly made by them;”.

20. Amendment of section 51 of Principal Act

20. Section 51(3) of the Principal Act is amended by the substitution of “air” for “atmosphere”.

21. Fuel regulations and fuel regulations registers

21. The Principal Act is amended by the insertion of the following Part after Part V: