Air Pollution Control
Air Pollution Act
Law Reform Commission
AIR POLLUTION ACT 1987
REVISED
Updated to 31 October 2022
AN ACT TO PROVIDE FOR THE CONTROL OF AIR POLLUTION AND OTHER MATTERS CONNECTED WITH AIR POLLUTION. [10th June, 1987]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations:
Modifications (not altering text):
C1
Functions transferred and references construed (22.07.2016) by Climate Action and Environment (Transfer of Departmental Administration and Ministerial Functions) Order 2016 (S.I. No. 393 of 2016), arts. 2, 3 and sch., , in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Communications, Energy and Natural Resources.
(2) References to the Department of the Environment, Community and Local Government contained in any Act or any instrument made under an Act and relating to the administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Communications, Energy and Natural Resources.
3. (1) The functions conferred on the Minister for the Environment, Community and Local Government by or under any of the provisions of—
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Communications, Energy and Natural Resources.
(2) References to the Minister for the Environment, Community and Local Government contained in any Act or instrument made under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Communications, Energy and Natural Resources.
Schedule 1
Article 3(1)(a)
Enactments, functions by or under which are transferred from the Minister for the Environment, Community and Local Government to the Minister for Communications, Energy and Natural Resources.
Air Pollution Act 1987 (No. 6 of 1987)
…
C2
Application of Act restricted (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), reg. 42(22), in effect as per reg. 1(3). The Air Pollution Act 1987 is listed in sch. 2.
Screening for Appropriate Assessment and Appropriate Assessment of implications for European Sites
42.
…
(22) Notwithstanding any provision of any statute listed in the Second Schedule that provides for the consent for a plan or project to which this Regulation applies to be obtained by default on the failure of the public authority to provide a response within a specified timescale or otherwise, that provision shall not have effect in respect of any plan or project to which this Regulation applies.
…
Editorial Notes:
E1
Minister granted power by order to extend certain powers under Act to the Environmental Protection Agency (22.01.1996) by Environmental Protection Agency Act 1992 (7/1992), s. 101, S.I. No. 13 of 1996.
PART I
Preliminary and General
Short title.
1. — This Act may be cited as the Air Pollution Act, 1987.
Commencement.
2. — This Act shall come into operation on such day or days as may be appointed by order or orders of the Minister, either generally or with reference to a particular purpose or provision, or with reference to a particular area or areas, and different days may be fixed for different purposes and different provisions of this Act and for different areas.
Annotations:
Editorial Notes:
E2
Power pursuant to section exercised (17.06.2002) by Air Pollution Act 1987 (Commencement) Order 2002 (S.I. No. 269 of 2002).
Commencement
3. Sections 20, 21, 22 and 23 of the Act shall come into operation on 17 June 2002.
E3
Power pursuant to section exercised (1.03.1990) by Air Pollution Act 1987 (Commencement) Order 1990 (S.I. No. 29 of 1990).
2. Section 51 of the Air Pollution Act 1987, shall come into operation on the 1st day of March, 1990.
E4
Power pursuant to section exercised (1.07.1989) by Air Pollution Act 1987 (Commencement) Order 1989 (S.I. No. 167 of 1989).
3..On the 1st day of July, 1989—
(a) section 53 of, and the Third Schedule to, the Act shall come into operation,
(b) subsection (2) of section 9 of the Act shall come into operation for the purpose of repealing the European Communities (Sulphur Content of Gas Oil) Regulations 1977 (S.I. No. 361 of 1977) and the European Communities (Sulphur Content of Gas Oil) (Amendment) Regulations, 1985 (S.I. No. 326 of 1985).
E5
Power pursuant to section exercised (1.11.1988) by Air Pollution Act 1987 (Commencement) Order 1988 (S.I. No. 265 of 1988).
3. On the 1st day of November, 1988—
(a) sections 6, 17, 30 to 38, 57 and 58 of the Act shall come into operation,
(b) section 9 of the Act shall come into operation for the purpose of repealing the Alkali, etc. Works Regulation Act 1906, and the Control of Atmospheric Pollution (Licensing) Regulations 1985 (S.I. No. 178 of 1985).
E6
Power pursuant to section exercised (1.10.1987) by Air Pollution Act 1987 (Commencement) (No. 2) Order 1987 (S.I. No. 243 of 1987).
3. Sections 50 and 52 of the Act shall come into operation on the 1st day of October, 1987.
E7
Power pursuant to section exercised (1.09.1987) by Air Pollution Act 1987 (Commencement) Order 1987 (S.I. No. 201 of 1987).
3. On the 1st day of September, 1987—
(a) sections 1, 2, 3, 4, 5, 7, 8, 10,11, 12, 13, 14, 15, 16, 18, 19, 24, 26, 27, 28, 29, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 54, 55, 56 and 59 of the Act and the First Schedule to the Act shall come into operation;
(b) section 9 (1) of the Act shall come into operation for the purpose of repealing the provisions of the Public Health (Ireland) Act, 1878, referred to in column 3 of Part 1 of the Second Schedule to the Act.
Non application of Act.
3. — This Act shall not apply in relation to an emission arising from—
(i) the disposal at sea of a substance by deliberate combustion for thermal destruction, or
(ii) the use of any radioactive substance or device.
Air pollution.
4. — “ Air pollution ” in this Act means a condition of the atmosphere in which a pollutant is present in such a quantity as to be liable to—
(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.
Best practicable means.
5. — (1) Subject to subsection (3), a reference in this Act to the use of the best practicable means to prevent or limit an emission shall be construed as meaning the provision and proper maintenance, use, operation and supervision of facilities which, having regard to all the circumstances, are the most suitable for such prevention or limitation.
(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 under subsection (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.
Annotations:
Amendments:
F1
Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 60, S.I. No. 393 of 2004, art. 2.
Editorial Notes:
E8
Previous affecting provision: power pursuant to section exercised (1.12.1993) by Air Pollution Act, 1987 (Municipal Waste Incineration) Regulations 1993 (S.I. No. 347 of 1993); revoked (2.05.2013) by European Union (Waste Incineration Plants and Waste Co-Incineration Plants) Regulations 2013 (S.I. No. 148 of 2013), reg. 25(a).
E9
Previous affecting provision: power pursuant to section exercised (1.10.1992) by Air Pollution Act 1987 (Combustion Plant) Regulations 1992 (S.I. No. 273 of 1992), in effect as per reg. 1(2); revoked (1.10.1996) by Air Pollution Act, 1987 (Emission Limit Values for Combustion Plant) Regulations 1996 (S.I. No. 264 of 1996), reg. 8, in effect as per reg. 1(2).
E10
Direction by Environmental Protection Agency may cease to have effect in certain circumstances as provided (23.04.1992) by Environmental Protection Agency Act 1992 (7/1992), s. 5(3), commenced on enactment.
E11
Previous affecting provision: subs. (4A) inserted (23.04.1992) by Environmental Protection Agency Act 1992 (7/1992), s. 5(5), commenced on enactment; substituted as per F-note above.
Industrial plant and existing industrial plant.
6. — (1) “ Industrial plant ” in this Act means any plant, equipment, appliance, apparatus, machinery, works, building or other structure or any land or any part of any land which is used in the course of trade, business or industry for the purposes of, or incidental to, any industrial process specified in the Third Schedule .
(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.
Annotations:
Editorial Notes:
E12
Date prescribed for the purposes of subs. (2)(a) (1.11.1988) by Air Pollution Act 1987 (Licensing of Industrial Plant) Regulations 1988 (S.I. No. 266 of 1988), reg. 4(b), in effect as per reg. 2.
Interpretation generally.
7. — (1) In this Act—
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 by section 22A;]
F2[“ fuel register ” means the register established and maintained under section 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.
Annotations:
Amendments:
F2
Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 18(a), S.I. No. 358 of 2015, art. 2.
F3
Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 18(b), S.I. No. 358 of 2015, art. 2.
F4
Repealed (1.01.1994) by Local Government (Dublin) Act 1993 (31/1993), s. 4(1) and sch. 1, S.I. No. 400 of 1993.
F5
Substituted (23.04.1992) by Environmental Protection Agency Act 1992 (7/1992), s. 18(2) and sch. 3 para. 2, commenced on enactment.
Modifications (not altering text):
C3
Reference to Minister construed (22.07.2016) by Climate Action and Environment (Transfer of Departmental Administration and Ministerial Functions) Order 2016 (S.I. No. 393 of 2016), arts. 2, 3 and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Communications, Energy and Natural Resources.
(2) References to the Department of the Environment, Community and Local Government contained in any Act or any instrument made under an Act and relating to the administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Communications, Energy and Natural Resources.
3. (1) The functions conferred on the Minister for the Environment, Community and Local Government by or under any of the provisions of—
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Communications, Energy and Natural Resources.
(2) References to the Minister for the Environment, Community and Local Government contained in any Act or instrument made under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Communications, Energy and Natural Resources.
Schedule 1
Article 3(1)(a)
Enactments, functions by or under which are transferred from the Minister for the Environment, Community and Local Government to the Minister for Communications, Energy and Natural Resources.
Air Pollution Act 1987 (No. 6 of 1987)
…
C4
Application of section modified (27.05.1996) by Environmental Protection Agency (Extension of Powers) Order 1996 (S.I. No. 126 of 1996), art. 10, in effect as per art. 2.
10. The provisions of the Act of 1987 which are specified in the Table hereunder as modified by this Order shall apply (subject to any qualification included in the Table) to the Agency in lieu of the local authority for the purposes of the prevention or limitation, or the remedying of the effects, as the case may be, of air pollution from an activity, other than an activity to which section 99 (2) of the Act applies, in respect of which a licence or revised licence under Part IV of the Act is in force.
Table
Air Pollution Act 1987
Section
Provision or Qualification
7
Subsection (1) for the purpose of the appointment of “authorised persons”.
11
The whole section.
12
The whole section.
13
Subsections (1), (3) and (4).
14
The whole section.
15
The whole section.
16
Paragraphs (a) and (b) of subsection (1) and subsections (2), (3) and (4).
24
The whole section.
26
The whole section.
28
Subsections (4) and (6).
54
Subsections (1), (2), (3) and (4).
11. For the purposes of article 10, a function conferred on a local authority or anything required to be done in relation to a local authority under any of the provisions of the Act of 1987 specified in that article, shall, as the case may be, be exercised by, or done in relation to, the Agency in lieu of the local authority.
12. (1) For the purposes of articles 10 and 11, for references to “local authority” in any of the provisions therein referred to (other than section 13 (1) (b) of the Act of 1987) there shall be substituted the following—
“the Environmental Protection Agency, in the case of an activity in respect of which a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992, is in force, and, in any other case, a local authority”,
and cognate words shall be construed accordingly.
(2) For the purposes of articles 10 and 11, the provisions of the Act of 1987 which are specified in the said articles shall apply as modified in the manner set out in the Second Schedule.
SECOND SCHEDULE
Modifications of the Air Pollution Act, 1987
The provisions of the Air Pollution Act, 1987 as modified for the purposes of article 12 (2) are set out as follows—
… (none relevant to this section)
C5
Application of section modified (1.08.1994) by Environmental Protection Agency (Extension of Powers) Order 1994 (S.I. No. 206 of 1994), art 10, in effect as per art. 2.
10. The provisions of the Act of 1987 which are specified in the Table hereunder as modified by this Order shall apply (subject to any qualification included in the Table) to the Agency in lieu of the local authority for the purposes of the prevention or limitation, or the remedying of the effects, as the case may be, of air pollution from an activity, other than an activity to which section 99 (2) of the Act applies, in respect of which a licence or revised licence under Part IV of the Act is in force.
Table
Air Pollution Act 1987
Section
Provision
7
Subsection (1) for the purpose of the appointment of “authorised persons”.
11
The whole section
12
The whole section
13
Subsections (1), (3) and (4).
14
The whole section
15
The whole section
16
Paragraphs (a) and (b) of subsection (1) and subsections (2), (3) and (4).
24
The whole section
26
The whole section
28
The whole section
28A
Subsections (4) and (6).
54
Subsections (1), (2), (3) and (4).
11. For the purposes of article 10, a function conferred on a local authority or anything required to be done in relation to a local authority under any of the provisions of the Act of 1987 specified in that article, shall, as the case may be, be exercised by, or done in relation to, the Agency in lieu of the local authority.
12. (1) For the purposes of articles 10 and 11, for references to “local authority” in any of the provisions therein referred to (other than section 13 (1) (b) of the Act of 1987) there shall be substituted the following—
“the Environmental Protection Agency, in the case of an activity in respect of which a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992, is in force, and, in any other case, a local authority”,
and cognate words shall be construed accordingly.
(2) For the purposes of articles 10 and 11, the provisions of the Act of 1987 which are specified in the said articles shall apply as modified in the manner set out in the Second Schedule.
SECOND SCHEDULE
Modifications of the Air Pollution Act, 1987
The provisions of the Air Pollution Act, 1987 as modified for the purposes of article 12 (2) are set out as follows—
… (none relevant to this section).
Application of Act to premises belonging to State.
8. — This Act shall apply to premises belonging to or in the occupation of the State.
Repeals.
9. — (1) Each enactment mentioned in column (2) of Part I of the Second Schedule is hereby repealed to the extent specified in column (3) of that Part of that Schedule.
(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.
Regulations.
10. — (1) The Minister may make 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.
Annotations:
Modifications (not altering text):
C6
Application of section and regulations made thereunder restricted (1.05.2007) by European Communities (Access to Information on the Environment) Regulations 2007 (S.I. No. 133 of 2007), reg. 4(2)(b), in effect as per reg. 1(2).
Scope
4. (1) These Regulations apply to environmental information other than, subject to sub-article (2), information that, under any statutory provision apart from these Regulations, is required to be made available to the public, whether for inspection or otherwise
(2) Notwithstanding— …
(b) sections 10 and 31 of the Air Pollution Act 1987 (No. 6 of 1987) and any regulations made thereunder, and
….
environmental information held by, or on behalf of, a public authority shall be made available in accordance with these Regulations.
C7
Application of section modified (27.05.1996) by Environmental Protection Agency (Extension of Powers) Order 1996 (S.I. No. 126 of 1996), art. 10, in effect as per art. 2.
10. The provisions of the Act of 1987 which are specified in the Table hereunder as modified by this Order shall apply (subject to any qualification included in the Table) to the Agency in lieu of the local authority for the purposes of the prevention or limitation, or the remedying of the effects, as the case may be, of air pollution from an activity, other than an activity to which section 99 (2) of the Act applies, in respect of which a licence or revised licence under Part IV of the Act is in force.
Table
Air Pollution Act 1987
Section
Provision or Qualification
7
Subsection (1) for the purpose of the appointment of “authorised persons”.
11
The whole section.
12
The whole section.
13
Subsections (1), (3) and (4).
14
The whole section.
15
The whole section.
16
Paragraphs (a) and (b) of subsection (1) and subsections (2), (3) and (4).
24
The whole section.
26
The whole section.
28
Subsections (4) and (6).
54
Subsections (1), (2), (3) and (4).
11. For the purposes of article 10, a function conferred on a local authority or anything required to be done in relation to a local authority under any of the provisions of the Act of 1987 specified in that article, shall, as the case may be, be exercised by, or done in relation to, the Agency in lieu of the local authority.
12. (1) For the purposes of articles 10 and 11, for references to “local authority” in any of the provisions therein referred to (other than section 13 (1) (b) of the Act of 1987) there shall be substituted the following—
“the Environmental Protection Agency, in the case of an activity in respect of which a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992, is in force, and, in any other case, a local authority”,
and cognate words shall be construed accordingly.
(2) For the purposes of articles 10 and 11, the provisions of the Act of 1987 which are specified in the said articles shall apply as modified in the manner set out in the Second Schedule.
SECOND SCHEDULE
Modifications of the Air Pollution Act, 1987
The provisions of the Air Pollution Act, 1987 as modified for the purposes of article 12 (2) are set out as follows—
… (none relevant to this section)
C8
Application of section modified (1.08.1994) by Environmental Protection Agency (Extension of Powers) Order 1994 (S.I. No. 206 of 1994), art 10, in effect as per art. 2.
10. The provisions of the Act of 1987 which are specified in the Table hereunder as modified by this Order shall apply (subject to any qualification included in the Table) to the Agency in lieu of the local authority for the purposes of the prevention or limitation, or the remedying of the effects, as the case may be, of air pollution from an activity, other than an activity to which section 99 (2) of the Act applies, in respect of which a licence or revised licence under Part IV of the Act is in force.
Table
Air Pollution Act 1987
Section
Provision
7
Subsection (1) for the purpose of the appointment of “authorised persons”.
11
The whole section
12
The whole section
13
Subsections (1), (3) and (4).
14
The whole section
15
The whole section
16
Paragraphs (a) and (b) of subsection (1) and subsections (2), (3) and (4).
24
The whole section
26
The whole section
28
The whole section
28A
Subsections (4) and (6).
54
Subsections (1), (2), (3) and (4).
11. For the purposes of article 10, a function conferred on a local authority or anything required to be done in relation to a local authority under any of the provisions of the Act of 1987 specified in that article, shall, as the case may be, be exercised by, or done in relation to, the Agency in lieu of the local authority.
12. (1) For the purposes of articles 10 and 11, for references to “local authority” in any of the provisions therein referred to (other than section 13 (1) (b) of the Act of 1987) there shall be substituted the following—
“the Environmental Protection Agency, in the case of an activity in respect of which a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992, is in force, and, in any other case, a local authority”,
and cognate words shall be construed accordingly.
(2) For the purposes of articles 10 and 11, the provisions of the Act of 1987 which are specified in the said articles shall apply as modified in the manner set out in the Second Schedule.
SECOND SCHEDULE
Modifications of the Air Pollution Act, 1987
The provisions of the Air Pollution Act, 1987 as modified for the purposes of article 12 (2) are set out as follows—
… (none relevant to this section).
Editorial Notes:
E13
Power pursuant to section exercised (31.10.2022) by Air Pollution Act 1987 (Solid Fuels) Regulations 2022 (S.I. No. 529 of 2022), in effect as per reg. 1(2).
E14
Power pursuant to section exercised (28.12.2016) by Air Quality Standards (Amendment) and Arsenic, Cadmium, Mercury, Nickel and Polycyclic Aromatic Hydrocarbons in Ambient Air (Amendment) Regulations 2016 (S.I. No. 659 of 2016), in effect as per reg. 2.
E15
Power pursuant to section exercised (28.06.2016) by Air Pollution Act (Fixed Payment Notice) (Paints) Regulations 2016 (S.I. No. 348 of 2016), in effect as per reg. 2.
E16
Power pursuant to section exercised (28.06.2016) by Air Pollution Act (Fixed Payment Notice) (Solvents) Regulations 2016 (S.I. No. 347 of 2016), in effect as per reg. 2.
E17
Power pursuant to section exercised (23.02.2009) by Arsenic, Cadmium, Mercury, Nickel and Polycyclic Aromatic Hydrocarbons in Ambient Air Regulations 2009 (S.I. No. 58 of 2009), in effect as per reg. 2.
E18
Power pursuant to section exercised (1.01.2002) by Air Pollution Act, 1987 (Licensing of Industrial Plant) (Fees Amendment) Regulations 2001 (S.I. No. 575 of 2001), in effect as per reg. 2.
E19
Power pursuant to section exercised (1.10.1997) by Air Pollution Act 1987 (Petroleum Vapour Emissions) Regulations 1997 (S.I. No. 375 of 1997), in effect as per reg. 2.
E20
Power pursuant to section exercised (1.03.1990) by Air Pollution Act 1987 (Emission Limit Value for Use of Asbestos) Regulations 1990 (S.I. No. 28 of 1990), in effect as per reg. 1(2).
E21
Power pursuant to section exercised (10.11.1989) by Air Pollution Act, 1987 (Authorised Fireplace) (Revocation) Regulations 1989 (S.I. No. 293 of 1989).
E22
Power pursuant to section exercised (22.11.1988) by Air Pollution Act 1987 (Authorised Fuel) Regulations 1988 (S.I. No. 298 of 1988).
E23
Power pursuant to section exercised (1.11.1988) by Air Pollution Act, 1987 (Licensing of Industrial Plant) Regulations 1988 (S.I. No. 266 of 1988), in effect as per reg. 2.
E24
Previous affecting provision: power pursuant to section exercised (1.09.2020) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) (Amendment) Regulations 2020 (S.I. No. 260 of 2020), in effect as per reg. 2; revoked (31.10.2022) by Air Pollution Act 1987 (Solid Fuels) Regulations 2022 (S.I. No. 529 of 2022), reg. 14(f), in effect as per reg. 1(2).
E25
Previous affecting provision: power pursuant to section exercised (17.11.2016) by Air Pollution Act 1987 (Registration of Fuel Bagging Operators and Suppliers, and Marketing, Sale, Distribution and Burning of Specified Fuels) (Amendment) Regulations 2016 (S.I. No. 571 of 2016), in effect as per reg. 2; revoked (31.10.2022) by Air Pollution Act 1987 (Solid Fuels) Regulations 2022 (S.I. No. 529 of 2022), reg. 14(e), in effect as per reg. 1(2).
E26
Previous affecting provision: power pursuant to section exercised (8.03.2016) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) (Amendment) Regulations 2016 (S.I. No. 128 of 2016), in effect as per reg. 2; revoked (31.10.2022) by Air Pollution Act 1987 (Solid Fuels) Regulations 2022 (S.I. No. 529 of 2022), reg. 14(d), in effect as per reg. 1(2).
E27
Previous affecting provision: power pursuant to section exercised (22.12.2015) by Air Pollution (Fixed Payment Notice) Regulations 2015 (S.I. No. 633 of 2015), in effect as per reg. 2; revoked (31.10.2022) by Air Pollution Act 1987 (Solid Fuels) Regulations 2022 (S.I. No. 529 of 2022), reg. 14(c), in effect as per reg. 1(2).
E28
Previous affecting provision: power pursuant to section exercised (21.01.2015, 1.06.2015) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) (Amendment) Regulations 2015 (S.I. No. 30 of 2015), in effect as per reg. 2(1), (2); revoked (31.10.2022) by Air Pollution Act 1987 (Solid Fuels) Regulations 2022 (S.I. No. 529 of 2022), reg. 14(b), in effect as per reg. 1(2).
E29
Previous affecting provision: power pursuant to section exercised (31.08.2012, 1.05.2013) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 (S.I. No. 326 of 2012), in effect as per regs. 2, 3; revoked (31.10.2022) by Air Pollution Act 1987 (Solid Fuels) Regulations 2022 (S.I. No. 529 of 2022), reg. 14(a), in effect as per reg. 1(2).
E30
Previous affecting provision: power pursuant to section exercised (23.12.2011) by Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) (Amendment) (No. 2) Regulations 2011 (S.I. No. 714 of 2011); revoked (31.08.2012) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 (S.I. No. 326 of 2012), reg. 13(f), in effect as per reg. 2.
E31
Previous affecting provision: power pursuant to section exercised (23.12.2011) by Air Pollution (Fixed Payment Notice) Regulations 2011 (S.I. No. 713 of 2011); revoked (22.12.2015) by Air Pollution (Fixed Payment Notice) Regulations 2015 (S.I. No. 633 of 2015), reg. 5, in effect as per reg 2.
E32
Previous affecting provision: power pursuant to section exercised (7.06.2011, 1.08.2011) by Air Pollution Act 1987 (Marketing, Sale and Distribution of Fuels) (Amendment) Regulations 2011 (S.I. No. 270 of 2011), in effect as per reg. 2(1), (2); revoked (31.08.2012) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 (S.I. No. 326 of 2012), reg. 13(e), in effect as per reg. 2.
E33
Previous affecting provision: power pursuant to section exercised (19.04.2010, 1.12.2010 and 1.06.2015) by Emissions of Volatile Organic Compounds from Organic Solvents (Amendment) Regulations 2010 (S.I. No. 165 of 2010), in effect as per reg. 2; revoked (1.01.2013) by European Union (Installations and Activities Using Organic Solvents) Regulations 2012 (S.I. No. 565 of 2012), reg. 29(b), in effect as per reg. 2.
E34
Previous affecting provision: power pursuant to section exercised (1.05.2008) by Sulphur Content of Heavy Fuel Oil, Gas Oil, and Marine Fuels Regulations 2008 (S.I. No. 119 of 2008), in effect as per reg. 2; revoked (16.06.2014) by European Union (Sulphur Content of Heavy Fuel Oil and Gas Oil) Regulations 2014 (S.I. No. 273 of 2014), reg. 12(a).
E35
Previous affecting provision: power pursuant to section exercised (3.05.2007) by Limitation of Emissions of Volatile Organic Compounds due to the use of Organic Solvents in Certain Paints, Varnishes and Vehicle Refinishing Products Regulations 2007 (S.I. No. 199 of 2007); revoked (1.01.2013) by European Union (Paints, Varnishes, Vehicle Refinishing Products and Activities) Regulations 2012 (S.I. No. 564 of 2012), reg. 26(a), in effect as per reg. 2, subject to transitional provision in reg. 17(7).
E36
Previous affecting provision: power pursuant to section exercised (15.11.2004) by Air Pollution Act 1987 (Marketing, Sale and Distribution of Fuels) (Amendment) Regulations 2004 (S.I. No. 713 of 2004), in effect as per reg. 2; revoked (31.08.2012) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 (S.I. No. 326 of 2012), reg. 13(d), in effect as per reg. 2.
E37
Previous affecting provision: power pursuant to section exercised (10.05.2004) by Air Pollution Act 1987 (Environmental Specifications for Petrol and Diesel Fuels) (Amendment) Regulations 2004 (S.I. No. 202 of 2004), in effect as per reg. 2; revoked (31.03.2011) by European Communities Act, 1972 (Environmental Specifications for Petrol, Diesel Fuels and Gas Oils for use by non-road mobile machinery, including inland waterway vessels, agricultural and forestry tractors, and recreational craft) Regulations 2011 (S.I. No. 155 of 2011), reg. 19(c), in effect as per reg. 2.
E38
Previous affecting provision: power pursuant to section exercised (16.02.2004) by Ozone in Ambient Air Regulations 2004 (S.I. No. 53 of 2004), in effect as per reg. 2; revoked (12.04.2011) by Air Quality Standards Regulations 2011 (S.I. No. 180 of 2011), reg. 27(3), in effect as per reg. 2.
E39
Previous affecting provision: power pursuant to section exercised (27.11.2003) by Large Combustion Plant Regulations 2003 (S.I. No. 644 of 2003), in effect as per reg. 1(2); revoked (7.01.2013) by European Union (Large Combustion Plants) Regulations 2012 (S.I. No. 566 of 2012), reg. 20(a), in effect as per reg. 2, subject to transitional provisions in regs. 8(2)(b), 11(1)(d).
E40
Previous affecting provision: power pursuant to section exercised (1.01.2004) by Air Pollution Act 1987 (Environmental Specifications for Petrol And Diesel Fuels) Regulations 2003 (S.I. No. 541 of 2003), in effect as per reg. 2; revoked (31.03.2011) by European Communities Act, 1972 (Environmental Specifications for Petrol, Diesel Fuels and Gas Oils for use by non-road mobile machinery, including inland waterway vessels, agricultural and forestry tractors, and recreational craft) Regulations 2011 (S.I. No. 155 of 2011), reg. 19(b), in effect as per reg. 2.
E41
Previous affecting provision: power pursuant to section exercised (1.10.2003) by Air Pollution Act 1987 (Marketing, Sale and Distribution of Fuels) (Amendment) Regulations 2003 (S.I. No. 111 of 2003), in effect as per reg. 2; revoked (31.08.2012) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 (S.I. No. 326 of 2012), reg. 13(c), in effect as per reg. 2.
E42
Previous affecting provision: power pursuant to section exercised (30.11.2002) by Emissions of Volatile Organic Compounds from Organic Solvents Regulations 2002 (S.I. No. 543 of 2002), in effect as per reg. 2; revoked with saver (1.01.2013) by European Union (Installations and Activities Using Organic Solvents) Regulations 2012 (S.I. No. 565 of 2012), reg. 29(a), in effect as per reg. 2.
E43
Previous affecting provision: power pursuant to section exercised (17.06.2002) by Air Quality Standards Regulations 2002 (S.I. No. 271 of 2002), in effect as per reg. 2; revoked (12.04.2011) by Air Quality Standards Regulations 2011 (S.I. No. 180 of 2011), reg. 27(2), in effect as per reg. 2.
E44
Previous affecting provision: power pursuant to section exercised (1.06.2001) by Air Pollution Act, 1987 (Environmental Specifications for Petrol and Diesel Fuels) (Amendment) Regulations 2001 (S.I. No. 234 of 2001), in effect as per reg. 2; revoked (1.01.2004) by Air Pollution Act 1987 (Environmental Specifications for Petrol And Diesel Fuels) Regulations 2003 (S.I. No. 541 of 2003), reg. 13(1)(b), in effect as per reg. 2.
E45
Previous affecting provision: power pursuant to section exercised (30.01.2001) by Air Pollution Act, 1987 (Sulphur Content of Heavy Fuel Oil and Gas Oil) Regulations 2001 (S.I. No. 13 of 2001), in effect as per reg. 2; revoked (1.05.2008) by Sulphur Content of Heavy Fuel Oil, Gas Oil, and Marine Fuels Regulations 2008 (S.I. No. 119 of 2008), reg. 16(1), in effect as per reg. 2.
E46
Previous affecting provision: power pursuant to section exercised (1.10.2000) by Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) (Amendment) Regulations 2000 (S.I. No. 278 of 2000), in effect as per reg. 2; revoked (31.08.2012) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 (S.I. No. 326 of 2012), reg. 13(b), in effect as per reg. 2.
E47
Previous affecting provision: power pursuant to section exercised (31.03.2000) by Air Pollution Act, 1987 (Environmental Specifications for Petrol and Diesel Fuels) Regulations 2000 (S.I. No. 72 of 2000), in effect as per reg. 2; revoked (1.01.2004) by Air Pollution Act 1987 (Environmental Specifications for Petrol And Diesel Fuels) Regulations 2003 (S.I. No. 541 of 2003), reg. 13(2)(b), in effect as per reg. 13(2).
E48
Previous affecting provision: power pursuant to section exercised (30.12.1999) by Air Pollution Act, 1987 (Environmental Specifications for Petrol and Diesel Fuels) Regulations 1999 (S.I. No. 407 of 1999), in effect as per reg. 2; revoked (31.03.2011) by European Communities Act, 1972 (Environmental Specifications for Petrol, Diesel Fuels and Gas Oils for use by non-road mobile machinery, including inland waterway vessels, agricultural and forestry tractors, and recreational craft) Regulations 2011 (S.I. No. 155 of 2011), reg. 19(a), in effect as per reg. 2.
E49
Previous affecting provision: application of section and regulations made thereunder restricted (1.05.1998) by European Communities Act, 1972 (Access to Information on the Environment) Regulations 1998 (S.I. No. 125 of 1998), reg. 5(2), in effect as per reg. 2; revoked (1.05.2007) by European Communities (Access to Information on the Environment) Regulations 2007 (S.I. No. 133 of 2007), reg. 2(2).
E50
Previous affecting provision: power pursuant to section exercised (1.10.1998) by Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) Regulations 1998 (S.I. No. 118 of 1998), in effect as per reg. 1(2); revoked (31.08.2012) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 (S.I. No. 326 of 2012), reg. 13(a), in effect as per reg. 2.
E51
Previous affecting provision: power pursuant to section exercised (1.10.1996) by Air Pollution Act, 1987 (Emission Limit Values for Combustion Plant) Regulations 1996 (S.I. No. 264 of 1996), in effect as per reg. 1(2); revoked (27.11.2003) by Large Combustion Plant Regulations 2003 (S.I. No. 644 of 2003), reg. 14, in effect as per reg. 1(2).
E52
Previous affecting provision: power pursuant to section exercised (1.10.1998) by Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) Regulations 1998 (S.I. No. 118 of 1998), in effect as per reg. 1(2); revoked (31.08.2012) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 (S.I. No. 326 of 2012), reg. 13(a), in effect as per reg. 2.
E53
Previous affecting provision: power pursuant to section exercised (1.10.1994) by Air Pollution Act, 1987 (Sulphur Content of Gas Oil) Regulations 1994 (S.I. No. 256 of 1994), in effect as per reg. 2; revoked (30.01.2001) by Air Pollution Act, 1987 (Sulphur Content of Heavy Fuel Oil and Gas Oil) Regulations 2001 (S.I. No. 13 of 2001), reg. 10, in effect as per reg. 2.
E54
Previous affecting provision: power pursuant to section exercised (1.12.1993) by Air Pollution Act, 1987 (Municipal Waste Incineration) Regulations 1993 (S.I. No. 347 of 1993); revoked (2.05.2013) by European Union (Waste Incineration Plants and Waste Co-Incineration Plants) Regulations 2013 (S.I. No. 148 of 2013), reg. 25(a).
E55
Previous affecting provision: power pursuant to section exercised (19.10.1993) by Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) (Amendment) Regulations 1993 (S.I. No. 297 of 1993); revoked (1.10.1998) by Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) Regulations 1998 (S.I. No. 118 of 1998), reg. 10, in effect as per reg. 1(2).
E56
Previous affecting provision: power pursuant to section exercised (18.10.1993) by Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) (Cork) Regulations 1993 (S.I. No. 294 of 1993), in effect as per reg. 1(2); revoked (13.02.1995) by Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) (Cork) Regulations 1994 (S.I. No. 403 of 1994), reg. 9, in effect as per reg. 1(2).
E57
Previous affecting provision: power pursuant to section exercised (1.11.1992) by Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) Regulations 1992 (S.I. No. 274 of 1992), in effect as per reg. 1(3); revoked (1.10.1998) by Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) Regulations 1998 (S.I. No. 118 of 1998), reg. 10, in effect as per reg. 1(2).
E58
Previous affecting provision: power pursuant to section exercised (1.10.1992) by Air Pollution Act 1987 (Combustion Plant) Regulations 1992 (S.I. No. 273 of 1992), in effect as per reg. 1(2); revoked (1.10.1996) by Air Pollution Act 1987 (Emission Limit Values for Combustion Plant) Regulations 1996 (S.I. No. 264 of 1996), reg. 8, in effect as per reg. 1(2).
E59
Previous affecting provision: power pursuant to section exercised (1.09.1990) by Air Pollution Act 1987 (Marketing, Sale and Distribution of Fuels) Regulations 1990 (S.I. No. 123 of 1990), in effect as per reg. 1(2); revoked (1.10.1998) by Air Pollution Act 1987 (Marketing, Sale and Distribution of Fuels) Regulations 1998 (S.I. No. 118 of 1998), reg. 10, in effect as per reg. 1(2).
E60
Previous affecting provision: power pursuant to section exercised (1.01.1990) by Air Pollution Act 1987 (Retail Sale of Fuels) Regulations 1989 (S.I. No. 333 of 1989), in effect as per reg. 1(2); revoked (1.09.1990) by Air Pollution Act 1987 (Marketing, Sale and Distribution of Fuels) Regulations 1990 (S.I. No. 123 of 1990), reg. 9, in effect as per reg. 1(2).
E61
Previous affecting provision: power pursuant to section exercised (1.07.1989) by Air Pollution Act 1987 (Sulphur Content of Gas Oil) Regulations 1989 (S.I. No. 168 of 1989), in effect as per reg. 1(2); revoked (1.10.1994) by Air Pollution Act, 1987 (Sulphur Content of Gas Oil) Regulations 1994 (S.I. No. 256 of 1994), reg. 6, in effect as per reg. 2.
E62
Previous affecting provision: power pursuant to section exercised (22.11.1988) by Air Pollution Act 1987 (Authorised Fireplace) Regulations 1988 (S.I. No. 297 of 1988); revoked (10.11.1989) by Air Pollution Act 1987 (Authorised Fireplace) (Revocation) Regulations 1989 (S.I. No. 293 of 1989), reg. 2.
E63
Previous affecting provision: power pursuant to section exercised (1.10.1987) by Air Pollution Act, 1987 (Air Quality Standards) Regulations 1987 (S.I. No. 244 of 1987), in effect as per reg. 1(2); revoked (31.12.2009) by Air Quality Standards Regulations 2002 (S.I. No. 271 of 2002), reg. 19, in effect as per reg. 19.
Offences.
11. — (1) Any person who contravenes any provision of this Act or of any regulation made under this Act or of any notice served under this Act shall be guilty of an offence.
(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.
Annotations:
Modifications (not altering text):
C9
Application of section modified (27.05.1996) by Environmental Protection Agency (Extension of Powers) Order 1996 (S.I. No. 126 of 1996), art. 10, in effect as per art. 2.
10. The provisions of the Act of 1987 which are specified in the Table hereunder as modified by this Order shall apply (subject to any qualification included in the Table) to the Agency in lieu of the local authority for the purposes of the prevention or limitation, or the remedying of the effects, as the case may be, of air pollution from an activity, other than an activity to which section 99 (2) of the Act applies, in respect of which a licence or revised licence under Part IV of the Act is in force.
Table
Air Pollution Act 1987
Section
Provision or Qualification
7
Subsection (1) for the purpose of the appointment of “authorised persons”.
11
The whole section.
12
The whole section.
13
Subsections (1), (3) and (4).
14
The whole section.
15
The whole section.
16
Paragraphs (a) and (b) of subsection (1) and subsections (2), (3) and (4).
24
The whole section.
26
The whole section.
28
Subsections (4) and (6).
54
Subsections (1), (2), (3) and (4).
11. For the purposes of article 10, a function conferred on a local authority or anything required to be done in relation to a local authority under any of the provisions of the Act of 1987 specified in that article, shall, as the case may be, be exercised by, or done in relation to, the Agency in lieu of the local authority.
12. (1) For the purposes of articles 10 and 11, for references to “local authority” in any of the provisions therein referred to (other than section 13 (1) (b) of the Act of 1987) there shall be substituted the following—
“the Environmental Protection Agency, in the case of an activity in respect of which a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992, is in force, and, in any other case, a local authority”,
and cognate words shall be construed accordingly.
(2) For the purposes of articles 10 and 11, the provisions of the Act of 1987 which are specified in the said articles shall apply as modified in the manner set out in the Second Schedule.
SECOND SCHEDULE
Modifications of the Air Pollution Act, 1987
The provisions of the Air Pollution Act, 1987 as modified for the purposes of article 12 (2) are set out as follows—
… (none relevant to this section)
C10
Application of section modified (1.08.1994) by Environmental Protection Agency (Extension of Powers) Order 1994 (S.I. No. 206 of 1994), art 10, in effect as per art. 2.
10. The provisions of the Act of 1987 which are specified in the Table hereunder as modified by this Order shall apply (subject to any qualification included in the Table) to the Agency in lieu of the local authority for the purposes of the prevention or limitation, or the remedying of the effects, as the case may be, of air pollution from an activity, other than an activity to which section 99 (2) of the Act applies, in respect of which a licence or revised licence under Part IV of the Act is in force.
Table
Air Pollution Act 1987
Section
Provision
7
Subsection (1) for the purpose of the appointment of “authorised persons”.
11
The whole section
12
The whole section
13
Subsections (1), (3) and (4).
14
The whole section
15
The whole section
16
Paragraphs (a) and (b) of subsection (1) and subsections (2), (3) and (4).
24
The whole section
26
The whole section
28
The whole section
28A
Subsections (4) and (6).
54
Subsections (1), (2), (3) and (4).
11. For the purposes of article 10, a function conferred on a local authority or anything required to be done in relation to a local authority under any of the provisions of the Act of 1987 specified in that article, shall, as the case may be, be exercised by, or done in relation to, the Agency in lieu of the local authority.
12. (1) For the purposes of articles 10 and 11, for references to “local authority” in any of the provisions therein referred to (other than section 13 (1) (b) of the Act of 1987) there shall be substituted the following—
“the Environmental Protection Agency, in the case of an activity in respect of which a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992, is in force, and, in any other case, a local authority”,
and cognate words shall be construed accordingly.
(2) For the purposes of articles 10 and 11, the provisions of the Act of 1987 which are specified in the said articles shall apply as modified in the manner set out in the Second Schedule.
SECOND SCHEDULE
Modifications of the Air Pollution Act, 1987
The provisions of the Air Pollution Act, 1987 as modified for the purposes of article 12 (2) are set out as follows—
… (none relevant to this section).
Editorial Notes:
E64
Previous affecting provision: offences under section specified (31.08.2012) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 (S.I. No. 326 of 2012), reg. 12, in effect as per reg. 2; revoked (31.10.2022) by Air Pollution Act 1987 (Solid Fuels) Regulations 2022 (S.I. No. 529 of 2022), reg. 14(a), in effect as per reg. 1(2).
Penalties.
12. — (1) A person guilty of an offence under this Act F6[ (other than an offence referred to in subsection (1A))]shall be liable—
(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 of section 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.
Annotations:
Amendments:
F6
Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 19(a), S.I. No. 358 of 2015.
F7
Substituted (23.08.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 9(a)(i)-(iii), S.I. No. 433 of 2011. A class A fine means a fine not exceeding €5,000 and a class E fine means a fine not exceeding €500 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, (4)(1), (8)(1), S.I. No. 662 of 2010.
F8
Substituted (23.08.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 9(b)(i), (ii), S.I. No. 433 of 2011.
F9
Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 19(b), S.I. No. 358 of 2015.
Modifications (not altering text):
C11
Application of section modified (27.05.1996) by Environmental Protection Agency (Extension of Powers) Order 1996 (S.I. No. 126 of 1996), art. 10, in effect as per art. 2.
10. The provisions of the Act of 1987 which are specified in the Table hereunder as modified by this Order shall apply (subject to any qualification included in the Table) to the Agency in lieu of the local authority for the purposes of the prevention or limitation, or the remedying of the effects, as the case may be, of air pollution from an activity, other than an activity to which section 99 (2) of the Act applies, in respect of which a licence or revised licence under Part IV of the Act is in force.
Table
Air Pollution Act 1987
Section
Provision or Qualification
7
Subsection (1) for the purpose of the appointment of “authorised persons”.
11
The whole section.
12
The whole section.
13
Subsections (1), (3) and (4).
14
The whole section.
15
The whole section.
16
Paragraphs (a) and (b) of subsection (1) and subsections (2), (3) and (4).
24
The whole section.
26
The whole section.
28
Subsections (4) and (6).
54
Subsections (1), (2), (3) and (4).
11. For the purposes of article 10, a function conferred on a local authority or anything required to be done in relation to a local authority under any of the provisions of the Act of 1987 specified in that article, shall, as the case may be, be exercised by, or done in relation to, the Agency in lieu of the local authority.
12. (1) For the purposes of articles 10 and 11, for references to “local authority” in any of the provisions therein referred to (other than section 13 (1) (b) of the Act of 1987) there shall be substituted the following—
“the Environmental Protection Agency, in the case of an activity in respect of which a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992 , is in force, and, in any other case, a local authority”,
and cognate words shall be construed accordingly.
(2) For the purposes of articles 10 and 11, the provisions of the Act of 1987 which are specified in the said articles shall apply as modified in the manner set out in the Second Schedule.
SECOND SCHEDULE
Modifications of the Air Pollution Act, 1987
The provisions of the Air Pollution Act, 1987 as modified for the purposes of article 12 (2) are set out as follows—
… (none relevant to this section)
C12
Application of section modified (1.08.1994) by Environmental Protection Agency (Extension of Powers) Order 1994 (S.I. No. 206 of 1994), art 10, in effect as per art. 2.
10. The provisions of the Act of 1987 which are specified in the Table hereunder as modified by this Order shall apply (subject to any qualification included in the Table) to the Agency in lieu of the local authority for the purposes of the prevention or limitation, or the remedying of the effects, as the case may be, of air pollution from an activity, other than an activity to which section 99 (2) of the Act applies, in respect of which a licence or revised licence under Part IV of the Act is in force.
Table
Air Pollution Act 1987
Section
Provision
7
Subsection (1) for the purpose of the appointment of “authorised persons”.
11
The whole section
12
The whole section
13
Subsections (1), (3) and (4).
14
The whole section
15
The whole section
16
Paragraphs (a) and (b) of subsection (1) and subsections (2), (3) and (4).
24
The whole section
26
The whole section
28
The whole section
28A
Subsections (4) and (6).
54
Subsections (1), (2), (3) and (4).
11. For the purposes of article 10, a function conferred on a local authority or anything required to be done in relation to a local authority under any of the provisions of the Act of 1987 specified in that article, shall, as the case may be, be exercised by, or done in relation to, the Agency in lieu of the local authority.
12. (1) For the purposes of articles 10 and 11, for references to “local authority” in any of the provisions therein referred to (other than section 13 (1) (b) of the Act of 1987) there shall be substituted the following—
“the Environmental Protection Agency, in the case of an activity in respect of which a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992, is in force, and, in any other case, a local authority”,
and cognate words shall be construed accordingly.
(2) For the purposes of articles 10 and 11, the provisions of the Act of 1987 which are specified in the said articles shall apply as modified in the manner set out in the Second Schedule.
SECOND SCHEDULE
Modifications of the Air Pollution Act, 1987
The provisions of the Air Pollution Act, 1987 as modified for the purposes of article 12 (2) are set out as follows—
… (none relevant to this section).
F10[
Fixed payment notice.
12A. — (1) Where an authorised person has reasonable grounds for believing that a person has committed a relevant offence F11[…], 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 in subsection (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 with subsection (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) In F13[…] 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.]]
Annotations:
Amendments:
F10
Inserted (23.08.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 10, S.I. No. 433 of 2011.
F11
Deleted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 20(a)(i), S.I. No. 358 of 2015.
F12
Substituted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 20(a)(ii), S.I. No. 358 of 2015.
F13
Deleted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 20(b), S.I. No. 358 of 2015.
F14
Substituted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 20(c), S.I. No. 358 of 2015.
F15
Substituted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 20(d), S.I. No. 358 of 2015.
Editorial Notes:
E65
Power pursuant to section exercised (31.10.2022) by Air Pollution Act 1987 (Solid Fuels) Regulations 2022 (S.I. No. 529 of 2022), in effect as per reg. 1(2).
E66
Previous affecting provision: power pursuant to section exercised (22.12.2015) by Air Pollution (Fixed Payment Notice) Regulations 2015 (S.I. No. 633 of 2015), in effect as per reg. 2; revoked (31.10.2022) by Air Pollution Act 1987 (Solid Fuels) Regulations 2022 (S.I. No. 529 of 2022), reg. 14(c), in effect as per reg. 1(2).
E67
Previous affecting provision: power pursuant to section exercised (23.12.2011) by Air Pollution (Fixed Payment Notice) Regulations 2011 (S.I. No. 713 of 2011); revoked (22.12.2015) by Air Pollution (Fixed Payment Notice) Regulations 2015 (S.I. No. 633 of 2015), reg. 5, in effect as per reg. 2.
E68
The section heading is taken from the amending section in the absence of one included in the amendment.
F16[Fixed payment notice for certain offences relating to paints, varnishes and vehicle refinishing products or activities.
12B. (1) Where an authorised person has reasonable grounds for believing that a person has committed a relevant offence, the authorised person may give to the person a notice (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 in subsection (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 with subsection (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 specified in the notice is made during that period, no prosecution in respect of the alleged offence shall be instituted.
(3) In 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.
(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 9(1) or 9(2) of the Regulations of 2012, or
(b) €500, where the relevant offence consists of a contravention of Regulation 13(1) of the Regulations of 2012.
(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 of the Local Government Act 2001 and expended in accordance with that section.
(6) In this section—
“authorised person” means a person standing appointed for the time being under Regulation 21 of the European Union (Paints, Varnishes, Vehicle Refinishing Products and Activities) Regulations 2012 ( S.I. No. 564 of 2012);
“relevant offence” means an offence under Regulation 25 of the European Union (Paints, Varnishes, Vehicle Refinishing Products and Activities) Regulations 2012 consisting of a contravention of regulation 9(1), 9(2) or 13(1) of those regulations.]
Annotations:
Amendments:
F16
Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 21, S.I. No. 358 of 2015.
Editorial Notes:
E69
Power pursuant to section exercised (28.06.2016) by Air Pollution Act (Fixed Payment Notice) (Paints) Regulations 2016 (S.I. No. 348 of 2016), in effect as per reg. 2.
E70
The section heading is taken from the amending section in the absence of one included in the amendment.
F17[
Fixed payment notice for offence relating to organic solvents
12C.(1) Where an authorised person has reasonable grounds for believing that a person has committed a relevant offence the authorised person may give to the person a notice (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 in subsection (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 with subsection (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 specified in the notice is made during that period, no prosecution in respect of the alleged offence shall be instituted.
(3) In 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.
(4) The amount to be specified in a fixed payment notice in respect of a relevant offence is €500.
(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 of the Local Government Act 2001 and expended in accordance with that section.
(6) In this section—
“authorised person” means a person standing appointed for the time being under Regulation 22 of the European Union (Installations and Activities Using Organic Solvents) Regulations 2012 ( S.I. No. 565 of 2012);
“relevant offence” means an offence under Regulation 26 of the European Union (Installations and Activities Using Organic Solvents) Regulations 2012 consisting of a contravention of regulation 8(1) of those regulations.]
Annotations:
Amendments:
F17
Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 22, S.I. No. 358 of 2015.
Editorial Notes:
E71
Power pursuant to section exercised (28.06.2016) by Air Pollution Act (Fixed Payment Notice) (Solvents) Regulations 2016 (S.I. No. 347 of 2016), in effect as per reg. 2.
E72
The section heading is taken from the amending section in the absence of one included in the amendment.
Prosecution of offences.
13. — (1) (a) An offence under this Act may be prosecuted summarily by the local authority in whose functional area the offence is committed or, in the case of an offence arising from an order made, or a notice served, by a local authority, by the local authority concerned.
(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.
Annotations:
Modifications (not altering text):
C13
Application of section modified (27.05.1996) by Environmental Protection Agency (Extension of Powers) Order 1996 (S.I. No. 126 of 1996), art. 10, in effect as per art. 2.
10. The provisions of the Act of 1987 which are specified in the Table hereunder as modified by this Order shall apply (subject to any qualification included in the Table) to the Agency in lieu of the local authority for the purposes of the prevention or limitation, or the remedying of the effects, as the case may be, of air pollution from an activity, other than an activity to which section 99 (2) of the Act applies, in respect of which a licence or revised licence under Part IV of the Act is in force.
Table
Air Pollution Act 1987
Section
Provision or Qualification
7
Subsection (1) for the purpose of the appointment of “authorised persons”.
11
The whole section.
12
The whole section.
13
Subsections (1), (3) and (4).
14
The whole section.
15
The whole section.
16
Paragraphs (a) and (b) of subsection (1) and subsections (2), (3) and (4).
24
The whole section.
26
The whole section.
28
Subsections (4) and (6).
54
Subsections (1), (2), (3) and (4).
11. For the purposes of article 10, a function conferred on a local authority or anything required to be done in relation to a local authority under any of the provisions of the Act of 1987 specified in that article, shall, as the case may be, be exercised by, or done in relation to, the Agency in lieu of the local authority.
12. (1) For the purposes of articles 10 and 11, for references to “local authority” in any of the provisions therein referred to (other than section 13 (1) (b) of the Act of 1987) there shall be substituted the following—
“the Environmental Protection Agency, in the case of an activity in respect of which a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992, is in force, and, in any other case, a local authority”,
and cognate words shall be construed accordingly.
(2) For the purposes of articles 10 and 11, the provisions of the Act of 1987 which are specified in the said articles shall apply as modified in the manner set out in the Second Schedule.
SECOND SCHEDULE
Modifications of the Air Pollution Act, 1987
The provisions of the Air Pollution Act, 1987 as modified for the purposes of article 12 (2) are set out as follows—
Section 13 (1) (b)
“(b) Where a local authority are of opinion that an emission from any premises, other than an activity in respect of which a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992, is in force, 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 outside the functional area of the local authority concerned, initiate summary proceedings for an offence under this Act in relation to the emission concerned,”.
…
C14
Application of section modified (1.08.1994) by Environmental Protection Agency (Extension of Powers) Order 1994 (S.I. No. 206 of 1994), art. 10, in effect as per art. 2.
10. The provisions of the Act of 1987 which are specified in the Table hereunder as modified by this Order shall apply (subject to any qualification included in the Table) to the Agency in lieu of the local authority for the purposes of the prevention or limitation, or the remedying of the effects, as the case may be, of air pollution from an activity, other than an activity to which section 99 (2) of the Act applies, in respect of which a licence or revised licence under Part IV of the Act is in force.
Table
Air Pollution Act 1987
Section
Provision
7
Subsection (1) for the purpose of the appointment of “authorised persons”.
11
The whole section
12
The whole section
13
Subsections (1), (3) and (4).
14
The whole section
15
The whole section
16
Paragraphs (a) and (b) of subsection (1) and subsections (2), (3) and (4).
24
The whole section
26
The whole section
28
The whole section
28A
Subsections (4) and (6).
54
Subsections (1), (2), (3) and (4).
11. For the purposes of article 10, a function conferred on a local authority or anything required to be done in relation to a local authority under any of the provisions of the Act of 1987 specified in that article, shall, as the case may be, be exercised by, or done in relation to, the Agency in lieu of the local authority.
12. (1) For the purposes of articles 10 and 11, for references to “local authority” in any of the provisions therein referred to (other than section 13 (1) (b) of the Act of 1987) there shall be substituted the following—
“the Environmental Protection Agency, in the case of an activity in respect of which a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992, is in force, and, in any other case, a local authority”,
and cognate words shall be construed accordingly.
(2) For the purposes of articles 10 and 11, the provisions of the Act of 1987 which are specified in the said articles shall apply as modified in the manner set out in the Second Schedule.
SECOND SCHEDULE
Modifications of the Air Pollution Act, 1987
The provisions of the Air Pollution Act, 1987 as modified for the purposes of article 12 (2) are set out as follows—
Section 13 (1) (b)
“( b ) Where a local authority are of opinion that an emission from any premises, other than an activity in respect of which a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992, is in force, 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 outside the functional area of the local authority concerned, initiate summary proceedings for an offence under this Act in relation to the emission concerned.”.
…
Editorial Notes:
E73
Previous affecting provision: power pursuant to section exercised (1.05.2008) by Sulphur Content of Heavy Fuel Oil, Gas Oil, and Marine Fuels Regulations 2008 (S.I. No. 119 of 2008), in effect as per reg. 2; revoked (16.06.2014) by European Union (Sulphur Content of Heavy Fuel Oil and Gas Oil) Regulations 2014 (S.I. No. 273 of 2014), reg. 12(a).
E74
Previous affecting provision: power pursuant to section exercised (3.05.2007) by Limitation of Emissions of Volatile Organic Compounds due to the use of Organic Solvents in Certain Paints, Varnishes and Vehicle Refinishing Products Regulations 2007 (S.I. No. 199 of 2007); revoked (1.01.2013) by European Union (Paints, Varnishes, Vehicle Refinishing Products and Activities) Regulations 2012 (S.I. No. 564 of 2012), reg. 26(a), in effect as per reg. 2, subject to transitional provision in reg. 17(7).
E75
Previous affecting provision: power pursuant to section exercised (10.05.2004) by Air Pollution Act 1987 (Environmental Specifications for Petrol and Diesel Fuels) (Amendment) Regulations 2004 (S.I. No. 202 of 2004), in effect as per reg. 2; revoked (31.03.2011) by European Communities Act, 1972 (Environmental Specifications for Petrol, Diesel Fuels and Gas Oils for use by non-road mobile machinery, including inland waterway vessels, agricultural and forestry tractors, and recreational craft) Regulations 2011 (S.I. No. 155 of 2011), reg. 19(c), in effect as per reg. 2.
E76
Previous affecting provision: power pursuant to section exercised (1.01.2004) by Air Pollution Act 1987 (Environmental Specifications for Petrol And Diesel Fuels) Regulations 2003 (S.I. No. 541 of 2003), in effect as per reg. 2; revoked (31.03.2011) by European Communities Act, 1972 (Environmental Specifications for Petrol, Diesel Fuels and Gas Oils for use by non-road mobile machinery, including inland waterway vessels, agricultural and forestry tractors, and recreational craft) Regulations 2011 (S.I. No. 155 of 2011), reg. 19(b), in effect as per reg. 2.
E77
Previous affecting provision: power pursuant to section exercised (30.01.2001) by Air Pollution Act, 1987 (Sulphur Content of Heavy Fuel Oil and Gas Oil) Regulations 2001 (S.I. No. 13 of 2001), in effect as per reg. 2; revoked (1.05.2008) by Sulphur Content of Heavy Fuel Oil, Gas Oil, and Marine Fuels Regulations 2008 (S.I. No. 119 of 2008), reg. 16(1), in effect as per reg. 2.
E78
Previous affecting provision: power pursuant to section exercised (30.12.1999) by Air Pollution Act, 1987 (Environmental Specifications for Petrol and Diesel Fuels) Regulations 1999 (S.I. No. 407 of 1999), in effect as per reg. 2; revoked (31.03.2011) by European Communities Act, 1972 (Environmental Specifications for Petrol, Diesel Fuels and Gas Oils for use by non-road mobile machinery, including inland waterway vessels, agricultural and forestry tractors, and recreational craft) Regulations 2011 (S.I. No. 155 of 2011), reg. 19(a), in effect as per reg. 2.
E79
Previous affecting provision: power pursuant to section exercised (1.10.1994) by Air Pollution Act, 1987 (Sulphur Content of Gas Oil) Regulations 1994 (S.I. No. 256 of 1994), in effect as per reg. 2; revoked (30.01.2001) by Air Pollution Act, 1987 (Sulphur Content of Heavy Fuel Oil and Gas Oil) Regulations 2001 (S.I. No. 13 of 2001), reg. 10, in effect as per reg. 2.
E80
Previous affecting provision: power pursuant to section exercised (1.07.1989) by Air Pollution Act 1987 (Sulphur Content of Gas Oil) Regulations 1989 (S.I. No. 168 of 1989), in effect as per reg. 1(2); revoked (1.10.1994) by Air Pollution Act, 1987 (Sulphur Content of Gas Oil) Regulations 1994 (S.I. No. 256 of 1994), reg. 6, in effect as per reg. 2.
Powers of authorised person.
14. — (1) Subject to subsection (2), an authorised person shall, for any purpose connected with this Act, be entitled, at all reasonable times, to enter into any premises F18[or vehicle] and to bring F19[into the premises or vehicle] such other persons or equipment as he may consider necessary for the purpose.
F20[(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 at subsection (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 F21[or vehicle] pursuant to this section, he may therein—
(a) make such plans and carry out such inspections F21[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, F21[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.
F22[(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 F21[or vehicle], the authorised person or the person by whom he was appointed may apply to the District Court for a warrant F23[under subsection (6A)] authorising such entry.
F24[(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 enter F25[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.
F26[(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.]
Annotations:
Amendments:
F18
Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 23(a)(i), S.I. No. 358 of 2015.
F19
Substituted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 23(a)(ii), S.I. No. 358 of 2015.
F20
Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 23(b), S.I. No. 358 of 2015.
F21
Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 23(c)(i)-(iii), (d), S.I. No. 358 of 2015.
F22
Inserted (23.08.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 11(a), S.I. No. 433 of 2011.
F23
Inserted (23.08.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 11(b), S.I. No. 433 of 2011.
F24
Inserted (23.08.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 11(c), S.I. No. 433 of 2011.
F25
Substituted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 23(e), S.I. No. 358 of 2015.
F26
Substituted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 23(f), S.I. No. 358 of 2015.
Modifications (not altering text):
C15
Application of section modified (27.05.1996) by Environmental Protection Agency (Extension of Powers) Order 1996 (S.I. No. 126 of 1996), art. 10, in effect as per art. 2.
10. The provisions of the Act of 1987 which are specified in the Table hereunder as modified by this Order shall apply (subject to any qualification included in the Table) to the Agency in lieu of the local authority for the purposes of the prevention or limitation, or the remedying of the effects, as the case may be, of air pollution from an activity, other than an activity to which section 99 (2) of the Act applies, in respect of which a licence or revised licence under Part IV of the Act is in force.
Table
Air Pollution Act 1987
Section
Provision or Qualification
7
Subsection (1) for the purpose of the appointment of “authorised persons”.
11
The whole section.
12
The whole section.
13
Subsections (1), (3) and (4).
14
The whole section.
15
The whole section.
16
Paragraphs (a) and (b) of subsection (1) and subsections (2), (3) and (4).
24
The whole section.
26
The whole section.
28
Subsections (4) and (6).
54
Subsections (1), (2), (3) and (4).
11. For the purposes of article 10, a function conferred on a local authority or anything required to be done in relation to a local authority under any of the provisions of the Act of 1987 specified in that article, shall, as the case may be, be exercised by, or done in relation to, the Agency in lieu of the local authority.
12. (1) For the purposes of articles 10 and 11, for references to “local authority” in any of the provisions therein referred to (other than section 13 (1) (b) of the Act of 1987) there shall be substituted the following—
“the Environmental Protection Agency, in the case of an activity in respect of which a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992, is in force, and, in any other case, a local authority”,
and cognate words shall be construed accordingly.
(2) For the purposes of articles 10 and 11, the provisions of the Act of 1987 which are specified in the said articles shall apply as modified in the manner set out in the Second Schedule.
SECOND SCHEDULE
Modifications of the Air Pollution Act, 1987
The provisions of the Air Pollution Act, 1987 as modified for the purposes of article 12 (2) are set out as follows—
… (none relevant to this section)
C16
Application of section modified (1.08.1994) by Environmental Protection Agency (Extension of Powers) Order 1994 (S.I. No. 206 of 1994), art 10, in effect as per art. 2.
10. The provisions of the Act of 1987 which are specified in the Table hereunder as modified by this Order shall apply (subject to any qualification included in the Table) to the Agency in lieu of the local authority for the purposes of the prevention or limitation, or the remedying of the effects, as the case may be, of air pollution from an activity, other than an activity to which section 99 (2) of the Act applies, in respect of which a licence or revised licence under Part IV of the Act is in force.
Table
Air Pollution Act 1987
Section
Provision
7
Subsection (1) for the purpose of the appointment of “authorised persons”.
11
The whole section
12
The whole section
13
Subsections (1), (3) and (4).
14
The whole section
15
The whole section
16
Paragraphs (a) and (b) of subsection (1) and subsections (2), (3) and (4).
24
The whole section
26
The whole section
28
The whole section
28A
Subsections (4) and (6).
54
Subsections (1), (2), (3) and (4).
11. For the purposes of article 10, a function conferred on a local authority or anything required to be done in relation to a local authority under any of the provisions of the Act of 1987 specified in that article, shall, as the case may be, be exercised by, or done in relation to, the Agency in lieu of the local authority.
12. (1) For the purposes of articles 10 and 11, for references to “local authority” in any of the provisions therein referred to (other than section 13 (1) (b) of the Act of 1987) there shall be substituted the following—
“the Environmental Protection Agency, in the case of an activity in respect of which a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992, is in force, and, in any other case, a local authority”,
and cognate words shall be construed accordingly.
(2) For the purposes of articles 10 and 11, the provisions of the Act of 1987 which are specified in the said articles shall apply as modified in the manner set out in the Second Schedule.
SECOND SCHEDULE
Modifications of the Air Pollution Act, 1987
The provisions of the Air Pollution Act, 1987 as modified for the purposes of article 12 (2) are set out as follows—
… (none relevant to this section).
Editorial Notes:
E81
Power pursuant to subss. (7), (8) exercised (31.10.2022) by Air Pollution Act 1987 (Solid Fuels) Regulations 2022 (S.I. No. 529 of 2022), in effect as per reg. 1(2).
E82
Power pursuant to section exercised (1.10.1997) by Air Pollution Act 1987 (Petroleum Vapour Emissions) Regulations 1997 (S.I. No. 375 of 1997), in effect as per reg. 2.
E83
Previous affecting provision: power pursuant to section exercised (1.09.2020) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) (Amendment) Regulations 2020 (S.I. No. 260 of 2020), in effect as per reg. 2; revoked (31.10.2022) by Air Pollution Act 1987 (Solid Fuels) Regulations 2022 (S.I. No. 529 of 2022), reg. 14(f), in effect as per reg. 1(2).
E84
Previous affecting provision: power pursuant to section exercised (8.03.2016) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) (Amendment) Regulations 2016 (S.I. No. 128 of 2016), in effect as per reg. 2; revoked (31.10.2022) by Air Pollution Act 1987 (Solid Fuels) Regulations 2022 (S.I. No. 529 of 2022), reg. 14(d), in effect as per reg. 1(2).
E85
Previous affecting provision: power pursuant to section exercised (21.01.2015, 1.06.2015) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) (Amendment) Regulations 2015 (S.I. No. 30 of 2015), in effect as per reg. 2(1), (2); revoked (31.10.2022) by Air Pollution Act 1987 (Solid Fuels) Regulations 2022 (S.I. No. 529 of 2022), reg. 14(b), in effect as per reg. 1(2).
E86
Previous affecting provision: power pursuant to section exercised (31.08.2012, 1.05.2013) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 (S.I. No. 326 of 2012), in effect as per regs. 2, 3; revoked (31.10.2022) by Air Pollution Act 1987 (Solid Fuels) Regulations 2022 (S.I. No. 529 of 2022), reg. 14(a), in effect as per reg. 1(2).
E87
Previous affecting provision: power pursuant to section exercised (23.12.2011) by Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) (Amendment) (No. 2) Regulations 2011 (S.I. No. 714 of 2011); revoked (31.08.2012) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 (S.I. No. 326 of 2012), reg. 13(f), in effect as per reg. 2.
E88
Previous affecting provision: power pursuant to section exercised (7.06.2011, 1.08.2011) by Air Pollution Act 1987 (Marketing, Sale and Distribution of Fuels) (Amendment) Regulations 2011 (S.I. No. 270 of 2011), in effect as per reg. 2(1), (2); revoked (31.08.2012) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 (S.I. No. 326 of 2012), reg. 13(e), in effect as per reg. 2.
E89
Previous affecting provision: power pursuant to section exercised (1.05.2008) by Sulphur Content of Heavy Fuel Oil, Gas Oil, and Marine Fuels Regulations 2008 (S.I. No. 119 of 2008), in effect as per reg. 2; revoked (16.06.2014) by European Union (Sulphur Content of Heavy Fuel Oil and Gas Oil) Regulations 2014 (S.I. No. 273 of 2014), reg. 12(a).
E90
Previous affecting provision: power pursuant to section exercised (3.05.2007) by Limitation of Emissions of Volatile Organic Compounds due to the use of Organic Solvents in Certain Paints, Varnishes and Vehicle Refinishing Products Regulations 2007 (S.I. No. 199 of 2007); revoked (1.01.2013) by European Union (Paints, Varnishes, Vehicle Refinishing Products and Activities) Regulations 2012 (S.I. No. 564 of 2012), reg. 26(a), in effect as per reg. 2, subject to transitional provision in reg. 17(7).
E91
Previous affecting provision: power pursuant to section exercised (15.11.2004) by Air Pollution Act 1987 (Marketing, Sale and Distribution of Fuels) (Amendment) Regulations 2004 (S.I. No. 713 of 2004), in effect as per reg. 2; revoked (31.08.2012) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 (S.I. No. 326 of 2012), reg. 13(d), in effect as per reg. 2.
E92
Previous affecting provision: power pursuant to section exercised (1.10.2003) by Air Pollution Act 1987 (Marketing, Sale and Distribution of Fuels) (Amendment) Regulations 2003 (S.I. No. 111 of 2003), in effect as per reg. 2; revoked (31.08.2012) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 (S.I. No. 326 of 2012), reg. 13(c), in effect as per reg. 2.
E93
Previous affecting provision: power pursuant to section exercised (30.01.2001) by Air Pollution Act, 1987 (Sulphur Content of Heavy Fuel Oil and Gas Oil) Regulations 2001 (S.I. No. 13 of 2001), in effect as per reg. 2; revoked (1.05.2008) by Sulphur Content of Heavy Fuel Oil, Gas Oil, and Marine Fuels Regulations 2008 (S.I. No. 119 of 2008), reg. 16(1), in effect as per reg. 2.
E94
Previous affecting provision: power pursuant to section exercised (1.10.2000) by Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) (Amendment) Regulations 2000 (S.I. No. 278 of 2000), in effect as per reg. 2; revoked (31.08.2012) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 (S.I. No. 326 of 2012), reg. 13(b), in effect as per reg. 2.
E95
Previous affecting provision: power pursuant to section exercised (31.03.2000) by Air Pollution Act, 1987 (Environmental Specifications for Petrol and Diesel Fuels) Regulations 2000 (S.I. No. 72 of 2000), in effect as per reg. 2; revoked (1.01.2004) by Air Pollution Act 1987 (Environmental Specifications for Petrol And Diesel Fuels) Regulations 2003 (S.I. No. 541 of 2003), reg. 13(2)(b), in effect as per reg. 13(2).
E96
Previous affecting provision: power pursuant to section exercised (30.12.1999) by Air Pollution Act, 1987 (Environmental Specifications for Petrol and Diesel Fuels) Regulations 1999 (S.I. No. 407 of 1999), in effect as per reg. 2; revoked (31.03.2011) by European Communities Act, 1972 (Environmental Specifications for Petrol, Diesel Fuels and Gas Oils for use by non-road mobile machinery, including inland waterway vessels, agricultural and forestry tractors, and recreational craft) Regulations 2011 (S.I. No. 155 of 2011), reg. 19(a), in effect as per reg. 2.
E97
Previous affecting provision: power pursuant to section exercised (1.10.1998) by Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) Regulations 1998 (S.I. No. 118 of 1998), in effect as per reg. 1(2); revoked (31.08.2012) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 (S.I. No. 326 of 2012), reg. 13(a), in effect as per reg. 2.
E98
Previous affecting provision: power pursuant to section exercised (13.03.1995) by Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) (Cork) Regulations 1994 (S.I. No. 403 of 1994), in effect as per reg. 1(2); revoked (1.10.1998) by Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) Regulations 1998 (S.I. No. 118 of 1998), reg. 10, in effect as per reg. 1(2).
E99
Previous affecting provision: power pursuant to section exercised (1.10.1994) by Air Pollution Act, 1987 (Sulphur Content of Gas Oil) Regulations 1994 (S.I. No. 256 of 1994), in effect as per reg. 2; revoked (30.01.2001) by Air Pollution Act, 1987 (Sulphur Content of Heavy Fuel Oil and Gas Oil) Regulations 2001 (S.I. No. 13 of 2001), reg. 10, in effect as per reg. 2.
E100
Previous affecting provision: power pursuant to section exercised (19.10.1993) by Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) (Amendment) Regulations 1993 (S.I. No. 297 of 1993); revoked (1.10.1998) by Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) Regulations 1998 (S.I. No. 118 of 1998), reg. 10, in effect as per reg. 1(2).
E101
Previous affecting provision: power pursuant to section exercised (18.10.1993) by Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) (Cork) Regulations 1993 (S.I. No. 294 of 1993), in effect as per reg. 1(2); revoked (13.02.1995) by Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) (Cork) Regulations 1994 (S.I. No. 403 of 1994), reg. 9, in effect as per reg. 1(2).
E102
Previous affecting provision: power pursuant to section exercised (1.09.1990) by Air Pollution Act 1987 (Marketing, Sale and Distribution of Fuels) Regulations 1990 (S.I. No. 123 of 1990), in effect as per reg. 1(2); revoked (1.10.1998) by Air Pollution Act 1987 (Marketing, Sale and Distribution of Fuels) Regulations 1998 (S.I. No. 118 of 1998), reg. 10, in effect as per reg. 1(2).
E103
Previous affecting provision: power pursuant to section exercised (1.07.1989) by Air Pollution Act 1987 (Sulphur Content of Gas Oil) Regulations 1989 (S.I. No. 168 of 1989), in effect as per reg. 1(2); revoked (1.10.1994) by Air Pollution Act, 1987 (Sulphur Content of Gas Oil) Regulations 1994 (S.I. No. 256 of 1994), reg. 6, in effect as per reg. 2.
Service of notices.
15. — (1) Any notice required to be served or given by or under this Act shall be addressed to the person concerned and served or given in one of the following ways—
(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.
Annotations:
Modifications (not altering text):
C17
Application of section modified (27.05.1996) by Environmental Protection Agency (Extension of Powers) Order 1996 (S.I. No. 126 of 1996), art. 10, in effect as per art. 2.
10. The provisions of the Act of 1987 which are specified in the Table hereunder as modified by this Order shall apply (subject to any qualification included in the Table) to the Agency in lieu of the local authority for the purposes of the prevention or limitation, or the remedying of the effects, as the case may be, of air pollution from an activity, other than an activity to which section 99 (2) of the Act applies, in respect of which a licence or revised licence under Part IV of the Act is in force.
Table
Air Pollution Act 1987
Section
Provision or Qualification
7
Subsection (1) for the purpose of the appointment of “authorised persons”.
11
The whole section.
12
The whole section.
13
Subsections (1), (3) and (4).
14
The whole section.
15
The whole section.
16
Paragraphs (a) and (b) of subsection (1) and subsections (2), (3) and (4).
24
The whole section.
26
The whole section.
28
Subsections (4) and (6).
54
Subsections (1), (2), (3) and (4).
11. For the purposes of article 10, a function conferred on a local authority or anything required to be done in relation to a local authority under any of the provisions of the Act of 1987 specified in that article, shall, as the case may be, be exercised by, or done in relation to, the Agency in lieu of the local authority.
12. (1) For the purposes of articles 10 and 11, for references to “local authority” in any of the provisions therein referred to (other than section 13 (1) (b) of the Act of 1987) there shall be substituted the following—
“the Environmental Protection Agency, in the case of an activity in respect of which a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992, is in force, and, in any other case, a local authority”,
and cognate words shall be construed accordingly.
(2) For the purposes of articles 10 and 11, the provisions of the Act of 1987 which are specified in the said articles shall apply as modified in the manner set out in the Second Schedule.
SECOND SCHEDULE
Modifications of the Air Pollution Act, 1987
The provisions of the Air Pollution Act, 1987 as modified for the purposes of article 12 (2) are set out as follows—
… (none relevant to this section)
C18
Application of section modified (1.08.1994) by Environmental Protection Agency (Extension of Powers) Order 1994 (S.I. No. 206 of 1994), art 10, in effect as per art. 2.
10. The provisions of the Act of 1987 which are specified in the Table hereunder as modified by this Order shall apply (subject to any qualification included in the Table) to the Agency in lieu of the local authority for the purposes of the prevention or limitation, or the remedying of the effects, as the case may be, of air pollution from an activity, other than an activity to which section 99 (2) of the Act applies, in respect of which a licence or revised licence under Part IV of the Act is in force.
Table
Air Pollution Act 1987
Section
Provision
7
Subsection (1) for the purpose of the appointment of “authorised persons”.
11
The whole section
12
The whole section
13
Subsections (1), (3) and (4).
14
The whole section
15
The whole section
16
Paragraphs (a) and (b) of subsection (1) and subsections (2), (3) and (4).
24
The whole section
26
The whole section
28
The whole section
28A
Subsections (4) and (6).
54
Subsections (1), (2), (3) and (4).
11. For the purposes of article 10, a function conferred on a local authority or anything required to be done in relation to a local authority under any of the provisions of the Act of 1987 specified in that article, shall, as the case may be, be exercised by, or done in relation to, the Agency in lieu of the local authority.
12. (1) For the purposes of articles 10 and 11, for references to “local authority” in any of the provisions therein referred to (other than section 13 (1) (b) of the Act of 1987) there shall be substituted the following—
“the Environmental Protection Agency, in the case of an activity in respect of which a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992, is in force, and, in any other case, a local authority”,
and cognate words shall be construed accordingly.
(2) For the purposes of articles 10 and 11, the provisions of the Act of 1987 which are specified in the said articles shall apply as modified in the manner set out in the Second Schedule.
SECOND SCHEDULE
Modifications of the Air Pollution Act, 1987
The provisions of the Air Pollution Act, 1987 as modified for the purposes of article 12 (2) are set out as follows—
… (none relevant to this section).
Obligation to give information.
16. — (1) A local authority may, for any purpose relating to their functions under this Act, by notice in writing, require—
(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.
Annotations:
Modifications (not altering text):
C19
Person holding record under section excluded from requirement to refuse an FOI request (14.10.2014) by Freedom of Information Act 2014 (30/2014), s. 41(1)(a) and sch. 3 part 1, commenced on enactment.
Enactments relating to non-disclosure of records.
41.—(1) A head shall refuse to grant an FOI request if—
(a) the disclosure of the record concerned is prohibited by law of the European Union or any enactment (other than a provision specified in column (3) of Part 1 or 2 of Schedule 3 of an enactment specified in that Schedule), or
…
SCHEDULE 3
Enactments Excluded from Application of Section 41
PART I
Statutes
…
No. 6 of 1987
Air Pollution Act 1987
Section 16(4).
…
…
…
C20
Application of section modified (27.05.1996) by Environmental Protection Agency (Extension of Powers) Order 1996 (S.I. No. 126 of 1996), art. 10, in effect as per art. 2.
10. The provisions of the Act of 1987 which are specified in the Table hereunder as modified by this Order shall apply (subject to any qualification included in the Table) to the Agency in lieu of the local authority for the purposes of the prevention or limitation, or the remedying of the effects, as the case may be, of air pollution from an activity, other than an activity to which section 99 (2) of the Act applies, in respect of which a licence or revised licence under Part IV of the Act is in force.
Table
Air Pollution Act 1987
Section
Provision or Qualification
7
Subsection (1) for the purpose of the appointment of “authorised persons”.
11
The whole section.
12
The whole section.
13
Subsections (1), (3) and (4).
14
The whole section.
15
The whole section.
16
Paragraphs (a) and (b) of subsection (1) and subsections (2), (3) and (4).
24
The whole section.
26
The whole section.
28
Subsections (4) and (6).
54
Subsections (1), (2), (3) and (4).
11. For the purposes of article 10, a function conferred on a local authority or anything required to be done in relation to a local authority under any of the provisions of the Act of 1987 specified in that article, shall, as the case may be, be exercised by, or done in relation to, the Agency in lieu of the local authority.
12. (1) For the purposes of articles 10 and 11, for references to “local authority” in any of the provisions therein referred to (other than section 13 (1) (b) of the Act of 1987) there shall be substituted the following—
“the Environmental Protection Agency, in the case of an activity in respect of which a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992, is in force, and, in any other case, a local authority”,
and cognate words shall be construed accordingly.
(2) For the purposes of articles 10 and 11, the provisions of the Act of 1987 which are specified in the said articles shall apply as modified in the manner set out in the Second Schedule.
SECOND SCHEDULE
Modifications of the Air Pollution Act, 1987
The provisions of the Air Pollution Act, 1987 as modified for the purposes of article 12 (2) are set out as follows—
… (none relevant to this section)
C21
Application of section modified (1.08.1994) by Environmental Protection Agency (Extension of Powers) Order 1994 (S.I. No. 206 of 1994), art 10, in effect as per art. 2.
10. The provisions of the Act of 1987 which are specified in the Table hereunder as modified by this Order shall apply (subject to any qualification included in the Table) to the Agency in lieu of the local authority for the purposes of the prevention or limitation, or the remedying of the effects, as the case may be, of air pollution from an activity, other than an activity to which section 99 (2) of the Act applies, in respect of which a licence or revised licence under Part IV of the Act is in force.
Table
Air Pollution Act 1987
Section
Provision
7
Subsection (1) for the purpose of the appointment of “authorised persons”.
11
The whole section
12
The whole section
13
Subsections (1), (3) and (4).
14
The whole section
15
The whole section
16
Paragraphs (a) and (b) of subsection (1) and subsections (2), (3) and (4).
24
The whole section
26
The whole section
28
The whole section
28A
Subsections (4) and (6).
54
Subsections (1), (2), (3) and (4).
11. For the purposes of article 10, a function conferred on a local authority or anything required to be done in relation to a local authority under any of the provisions of the Act of 1987 specified in that article, shall, as the case may be, be exercised by, or done in relation to, the Agency in lieu of the local authority.
12. (1) For the purposes of articles 10 and 11, for references to “local authority” in any of the provisions therein referred to (other than section 13 (1) (b) of the Act of 1987) there shall be substituted the following—
“the Environmental Protection Agency, in the case of an activity in respect of which a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992, is in force, and, in any other case, a local authority”,
and cognate words shall be construed accordingly.
(2) For the purposes of articles 10 and 11, the provisions of the Act of 1987 which are specified in the said articles shall apply as modified in the manner set out in the Second Schedule.
SECOND SCHEDULE
Modifications of the Air Pollution Act, 1987
The provisions of the Air Pollution Act, 1987 as modified for the purposes of article 12 (2) are set out as follows—
… (none relevant to this section).
The register.
17. — (1) Every local authority shall as soon as may be after the commencement of this Act establish and maintain a register (in this Act referred to as “ the register ”) for the purposes of this Act and shall make therein all such entries and additions as may, from time to time, be prescribed.
(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.
Research into air pollution.
18. — (1) A local authority may organise and conduct research, surveys or investigations into the nature and extent, the cause and effect, and the prevention or limitation, of air pollution and may establish and maintain educational programmes relating to such matters and may publish, or cause to be published, any information derived from any such research, surveys, investigations or educational programmes.
(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.
Annotations:
Modifications (not altering text):
C22
Functions to be performed by municipal district members or the local authority prescribed by Local Government Act 2001 (37/2001), ss. 131A(1), (4) and sch. 14A, as inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), ss. 21(3), (4) and sch. 3, S.I. No. 214 of 2014.
Performance of reserved functions in respect of municipal district members
131A. (1) Subject to subsection (4), in respect of the elected council of a local authority that is the council of a county (other than the council of a county to which section 22A(4) relates) or of a city and county, a reserved function which is specified in—
(a) paragraphs 1 and 3 (other than in respect of a joint body) of Schedule 14 and Part 1 of Schedule 14A shall be performed in respect of each municipal district within the administrative area of the local authority by the municipal district members concerned, and
(b) paragraphs 5, 6 or 7 of Schedule 14 and Part 2 of Schedule 14A, may be performed in respect of a municipal district within the administrative area of the local authority by—
(i) the municipal district members, or
(ii) the local authority.
…
(4) Municipal district members may by resolution decide, subject to the approval by resolution of the local authority and the approval of the Minister, that a particular function to which subsection (1) relates should be performed only by the local authority.
…
SCHEDULE 14A
Sections 131 and 131A
PART 3
Reserved Functions to be Performed by the Local Authority
Reference No.
(1)
Description of reserved function
(2)
Provision under which reserved function is conferred
(3)
…
…
…
83
The making of a financial contribution by a local authority to support or assist 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.
Section 18 of the Air Pollution Act 1987.
…
…
…
C23
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
…
5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
…
Schedule 1
Enactments
…
Part 2
1922 to 2011 Enactments
Number and Year
Short Title
Provision
(1)
(2)
(3)
…
…
…
No. 6 of 1987
Air Pollution Act 1987
Sections 18(4) and 45(1) and (3)
…
…
…
Expenses.
19. — The expenses incurred by the Minister in the administration of this Act shall be paid out of moneys provided by the Oireachtas to such extent as may be sanctioned by the Minister for Finance.
Consultation by local authorities.
20. — The Minister may make regulations requiring a local authority to consult with such bodies or persons as may be specified in relation to the performance of such of their functions under this Act as may be prescribed.
Annotations:
Editorial Notes:
E104
Power pursuant to section exercised (28.12.2016) by Air Quality Standards (Amendment) and Arsenic, Cadmium, Mercury, Nickel and Polycyclic Aromatic Hydrocarbons in Ambient Air (Amendment) Regulations 2016(S.I. No. 659 of 2016), in effect as per reg. 2.
E105
Power pursuant to section exercised (23.02.2009) by Arsenic, Cadmium, Mercury, Nickel and Polycyclic Aromatic Hydrocarbons in Ambient Air Regulations 2009 (S.I. No. 58 of 2009), in effect as per reg. 2.
E106
Previous affecting provision: power pursuant to section exercised (16.02.2004) by Ozone in Ambient Air Regulations 2004 (S.I. No. 53 of 2004), in effect as per reg. 2; revoked (12.04.2011) by Air Quality Standards Regulations 2011 (S.I. No. 180 of 2011), reg. 27(3), in effect as per reg. 2.
E107
Previous affecting provision: power pursuant to section exercised (17.06.2002) by Air Quality Standards Regulations 2002 (S.I. No. 271 of 2002), in effect as per reg. 2; revoked (12.04.2011) by Air Quality Standards Regulations 2011 (S.I. No. 180 of 2011), reg. 27(2), in effect as per reg. 2.
Transfer of functions.
21. — (1) The Minister may, by regulations, provide that any function conferred on a local authority under this Act shall, in addition to or in lieu of, being performed by a local authority, be performed by such other person (including the Minister or another local authority) or body of persons as may be specified.
(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.
Annotations:
Editorial Notes:
E108
Power pursuant to section exercised (28.12.2016) by Air Quality Standards (Amendment) and Arsenic, Cadmium, Mercury, Nickel and Polycyclic Aromatic Hydrocarbons in Ambient Air (Amendment) Regulations 2016 (S.I. No. 659 of 2016), in effect as per reg. 2.
E109
Power pursuant to section exercised (23.02.2009) by Arsenic, Cadmium, Mercury, Nickel and Polycyclic Aromatic Hydrocarbons in Ambient Air Regulations 2009 (S.I. No. 58 of 2009), in effect as per reg. 2.
E110
Previous affecting provision: power pursuant to section exercised (16.02.2004) by Ozone in Ambient Air Regulations 2004 (S.I. No. 53 of 2004), in effect as per reg. 2; revoked (12.04.2011) by Air Quality Standards Regulations 2011 (S.I. No. 180 of 2011), reg. 27(3), in effect as per reg. 2.
E111
Previous affecting provision: power pursuant to section exercised (17.06.2002) by Air Quality Standards Regulations 2002 (S.I. No. 271 of 2002), in effect as per reg. 2; revoked (12.04.2011) by Air Quality Standards Regulations 2011 (S.I. No. 180 of 2011), reg. 27(2), in effect as per reg. 2.
Power to make charges in relation to emissions.
22. — (1) A local authority may, in accordance with regulations made by the Minister under this section, make charges in relation to such emissions as may be specified in the regulations.
(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.
Annotations:
Editorial Notes:
E112
Power pursuant to section exercised (1.10.1997) by Air Pollution Act 1987 (Petroleum Vapour Emissions) Regulations 1997 (S.I. No. 375 of 1997), in effect as per reg. 2.
E113
Previous affecting provision: power pursuant to section exercised (19.04.2010, 1.12.2010 and 1.06.2015) by Emissions of Volatile Organic Compounds from Organic Solvents (Amendment) Regulations 2010 (S.I. No. 165 of 2010), in effect as per reg. 2; revoked (1.01.2013) by European Union (Installations and Activities Using Organic Solvents) Regulations 2012 (S.I. No. 565 of 2012), reg. 29(b), in effect as per reg. 2.
E114
Previous affecting provision: power pursuant to section exercised (30.11.2002) by Emissions of Volatile Organic Compounds from Organic Solvents Regulations 2002 (S.I. No. 543 of 2002), in effect as per reg. 2; revoked with saver (1.01.2013) by European Union (Installations and Activities Using Organic Solvents) Regulations 2012 (S.I. No. 565 of 2012), reg. 29(a), in effect as per reg. 2.
F27[PART IA
Fuels Register
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 under section 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 under section 53, and
(f) be accompanied by the fee provided for in regulations under section 53.
(3) Where the Agency receives an application for registration under this section it shall, subject to subsections (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 under section 53 attaching to the registration.
(4) The Agency shall not register a specified person on the fuels register if—
(a) the application does not comply with subsection (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 under subsection (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.]
Annotations:
Amendments:
F27
Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 24(1), S.I. No. 358 of 2015, subject to transitional provision in subs. (2).
F28[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 under subsection (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 contravenes subsection (1) or (3)(b) shall be guilty of an offence.]
Annotations:
Amendments:
F28
Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 24(1), S.I. No. 358 of 2015, subject to transitional provision in subs. (2).
F29[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 under section 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 under subsection (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 under section 22A(7), and any additional information that the appeals officer considers necessary.
(b) Following consideration under paragraph (a), the appeals officer shall decide to either—
(i) annul the decision of the Agency referred to in subsection (2)(a) and direct the Agency to register the specified person and enter the information referred to at paragraphs (a) to (d) of section 22A(3) on the register,
(ii) annul or amend the decision of the Agency referred to in subsection (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 at paragraphs (a) to (d) of section 22A(3) on the register, or
(iii) confirm the decision of the Agency referred to in paragraph (a) or (b), as the case may be, of subsection (2).
(c) The appeals officer, as soon as may be after he or she makes a decision under paragraph (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 under subsection (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 under subsection (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.]
Annotations:
Amendments:
F29
Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 24(1), S.I. No. 358 of 2015, subject to transitional provision in subs. (2).
F30[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 under subsection (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 under section 22E by 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 contravenes subsection (4)(b) or a condition specified in an order under this section shall be guilty of an offence.]
Annotations:
Amendments:
F30
Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 24(1), S.I. No. 358 of 2015, subject to transitional provision in subs. (2).
F31[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 under section 53 relating 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.]
Annotations:
Amendments:
F31
Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 24(1), S.I. No. 358 of 2015, subject to transitional provision in subs. (2).
F32[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 of subsection (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.]
Annotations:
Amendments:
F32
Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 24(1), S.I. No. 358 of 2015, subject to transitional provision in subs. (2).
Editorial Notes:
E115
Power pursuant to subss. (4), (5) exercised (31.10.2022) by Air Pollution Act 1987 (Solid Fuels) Regulations 2022 (S.I. No. 529 of 2022), in effect as per reg. 1(2).
E116
Previous affecting provision: power pursuant to section exercised (17.11.2016) by Air Pollution Act 1987 (Registration of Fuel Bagging Operators and Suppliers, and Marketing, Sale, Distribution and Burning of Specified Fuels) (Amendment) Regulations 2016 (S.I. No. 571 of 2016), in effect as per reg. 2; revoked (31.10.2022) by Air Pollution Act 1987 (Solid Fuels) Regulations 2022 (S.I. No. 529 of 2022), reg. 14(e), in effect as per reg. 1(2).
E117
Previous affecting provision: power pursuant to section exercised (8.03.2016) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) (Amendment) Regulations 2016 (S.I. No. 128 of 2016), in effect as per reg. 2; revoked (31.10.2022) by Air Pollution Act 1987 (Solid Fuels) Regulations 2022 (S.I. No. 529 of 2022), reg. 14(d), in effect as per reg. 1(2).
PART II
General Provisions relating to Air Pollution
Prohibition on certain emissions.
23. — For the purpose of preventing or limiting air pollution, the Minister may, by regulations, prohibit either absolutely, or subject to such exceptions as may be specified in the regulations—
(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.
Annotations:
Editorial Notes:
E118
Previous affecting provision: power pursuant to section exercised (19.04.2010, 1.12.2010 and 1.06.2015) by Emissions of Volatile Organic Compounds from Organic Solvents (Amendment) Regulations 2010 (S.I. No. 165 of 2010), in effect as per reg. 2; revoked (1.01.2013) by European Union (Installations and Activities Using Organic Solvents) Regulations 2012 (S.I. No. 565 of 2012), reg. 29(b), in effect as per reg. 2.
E119
Previous affecting provision: power pursuant to section exercised (3.05.2007) by Limitation of Emissions of Volatile Organic Compounds due to the use of Organic Solvents in Certain Paints, Varnishes and Vehicle Refinishing Products Regulations 2007 (S.I. No. 199 of 2007); revoked (1.01.2013) by European Union (Paints, Varnishes, Vehicle Refinishing Products and Activities) Regulations 2012 (S.I. No. 564 of 2012), reg. 26(a), in effect as per reg. 2, subject to transitional provision in reg. 17(7).
E120
Previous affecting provision: power pursuant to section exercised (30.11.2002) by Emissions of Volatile Organic Compounds from Organic Solvents Regulations 2002 (S.I. No. 543 of 2002), in effect as per reg. 2; revoked with saver (1.01.2013) by European Union (Installations and Activities Using Organic Solvents) Regulations 2012 (S.I. No. 565 of 2012), reg. 29(a), in effect as per reg. 2.
Obligation to prevent air pollution.
24. — (1) The occupier of any premises, other than a private dwelling, shall use the best practicable means to limit and, if possible, to prevent an emission from such premises.
(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.
Annotations:
Modifications (not altering text):
C24
Person holding record under section excluded from requirement to refuse an FOI request (14.10.2014) by Freedom of Information Act 2014 (30/2014), s. 41(1)(a) and sch. 3 part 1, commenced on enactment.
Enactments relating to non-disclosure of records.
41.—(1) A head shall refuse to grant an FOI request if—
(a) the disclosure of the record concerned is prohibited by law of the European Union or any enactment (other than a provision specified in column (3) of Part 1 or 2 of Schedule 3 of an enactment specified in that Schedule), or
…
SCHEDULE 3
Enactments Excluded from Application of Section 41
PART I
Statutes
…
No. 6 of 1987
Air Pollution Act 1987
Section 16(4).
…
…
…
C25
Application of section modified (27.05.1996) by Environmental Protection Agency (Extension of Powers) Order 1996 (S.I. No. 126 of 1996), art. 10, in effect as per art. 2.
10. The provisions of the Act of 1987 which are specified in the Table hereunder as modified by this Order shall apply (subject to any qualification included in the Table) to the Agency in lieu of the local authority for the purposes of the prevention or limitation, or the remedying of the effects, as the case may be, of air pollution from an activity, other than an activity to which section 99 (2) of the Act applies, in respect of which a licence or revised licence under Part IV of the Act is in force.
Table
Air Pollution Act 1987
Section
Provision or Qualification
7
Subsection (1) for the purpose of the appointment of “authorised persons”.
11
The whole section.
12
The whole section.
13
Subsections (1), (3) and (4).
14
The whole section.
15
The whole section.
16
Paragraphs (a) and (b) of subsection (1) and subsections (2), (3) and (4).
24
The whole section.
26
The whole section.
28
Subsections (4) and (6).
54
Subsections (1), (2), (3) and (4).
11. For the purposes of article 10, a function conferred on a local authority or anything required to be done in relation to a local authority under any of the provisions of the Act of 1987 specified in that article, shall, as the case may be, be exercised by, or done in relation to, the Agency in lieu of the local authority.
12. (1) For the purposes of articles 10 and 11, for references to “local authority” in any of the provisions therein referred to (other than section 13 (1) (b) of the Act of 1987) there shall be substituted the following—
“the Environmental Protection Agency, in the case of an activity in respect of which a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992, is in force, and, in any other case, a local authority”,
and cognate words shall be construed accordingly.
(2) For the purposes of articles 10 and 11, the provisions of the Act of 1987 which are specified in the said articles shall apply as modified in the manner set out in the Second Schedule.
SECOND SCHEDULE
Modifications of the Air Pollution Act, 1987
The provisions of the Air Pollution Act, 1987 as modified for the purposes of article 12 (2) are set out as follows—
… (none relevant to this section)
C26
Application of section modified (1.08.1994) by Environmental Protection Agency (Extension of Powers) Order 1994 (S.I. No. 206 of 1994), art 10, in effect as per art. 2.
10. The provisions of the Act of 1987 which are specified in the Table hereunder as modified by this Order shall apply (subject to any qualification included in the Table) to the Agency in lieu of the local authority for the purposes of the prevention or limitation, or the remedying of the effects, as the case may be, of air pollution from an activity, other than an activity to which section 99 (2) of the Act applies, in respect of which a licence or revised licence under Part IV of the Act is in force.
Table
Air Pollution Act 1987
Section
Provision
7
Subsection (1) for the purpose of the appointment of “authorised persons”.
11
The whole section
12
The whole section
13
Subsections (1), (3) and (4).
14
The whole section
15
The whole section
16
Paragraphs (a) and (b) of subsection (1) and subsections (2), (3) and (4).
24
The whole section
26
The whole section
28
The whole section
28A
Subsections (4) and (6).
54
Subsections (1), (2), (3) and (4).
11. For the purposes of article 10, a function conferred on a local authority or anything required to be done in relation to a local authority under any of the provisions of the Act of 1987 specified in that article, shall, as the case may be, be exercised by, or done in relation to, the Agency in lieu of the local authority.
12. (1) For the purposes of articles 10 and 11, for references to “local authority” in any of the provisions therein referred to (other than section 13 (1) (b) of the Act of 1987) there shall be substituted the following—
“the Environmental Protection Agency, in the case of an activity in respect of which a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992, is in force, and, in any other case, a local authority”,
and cognate words shall be construed accordingly.
(2) For the purposes of articles 10 and 11, the provisions of the Act of 1987 which are specified in the said articles shall apply as modified in the manner set out in the Second Schedule.
SECOND SCHEDULE
Modifications of the Air Pollution Act, 1987
The provisions of the Air Pollution Act, 1987 as modified for the purposes of article 12 (2) are set out as follows—
… (none relevant to this section).
Prohibition on emission of smoke.
25. — (1) For the purpose of preventing or limiting air pollution, the Minister may, by regulations, prohibit or restrict the emission into the atmosphere of smoke from any premises.
(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.
Power of local authority to require measures to be taken to prevent or limit air pollution.
26. — (1) Where it appears to a local authority that it is necessary so to do in order to prevent or to limit air pollution, the local authority may serve a notice under this section on the occupier of any premises from which there is an emission.
(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.
Annotations:
Modifications (not altering text):
C27
Application of section modified (27.05.1996) by Environmental Protection Agency (Extension of Powers) Order 1996 (S.I. No. 126 of 1996), art. 10, in effect as per art. 2.
10. The provisions of the Act of 1987 which are specified in the Table hereunder as modified by this Order shall apply (subject to any qualification included in the Table) to the Agency in lieu of the local authority for the purposes of the prevention or limitation, or the remedying of the effects, as the case may be, of air pollution from an activity, other than an activity to which section 99 (2) of the Act applies, in respect of which a licence or revised licence under Part IV of the Act is in force.
Table
Air Pollution Act 1987
Section
Provision or Qualification
7
Subsection (1) for the purpose of the appointment of “authorised persons”.
11
The whole section.
12
The whole section.
13
Subsections (1), (3) and (4).
14
The whole section.
15
The whole section.
16
Paragraphs (a) and (b) of subsection (1) and subsections (2), (3) and (4).
24
The whole section.
26
The whole section.
28
Subsections (4) and (6).
54
Subsections (1), (2), (3) and (4).
11. For the purposes of article 10, a function conferred on a local authority or anything required to be done in relation to a local authority under any of the provisions of the Act of 1987 specified in that article, shall, as the case may be, be exercised by, or done in relation to, the Agency in lieu of the local authority.
12. (1) For the purposes of articles 10 and 11, for references to “local authority” in any of the provisions therein referred to (other than section 13 (1) (b) of the Act of 1987) there shall be substituted the following—
“the Environmental Protection Agency, in the case of an activity in respect of which a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992, is in force, and, in any other case, a local authority”,
and cognate words shall be construed accordingly.
(2) For the purposes of articles 10 and 11, the provisions of the Act of 1987 which are specified in the said articles shall apply as modified in the manner set out in the Second Schedule.
SECOND SCHEDULE
Modifications of the Air Pollution Act, 1987
The provisions of the Air Pollution Act, 1987 as modified for the purposes of article 12 (2) are set out as follows—
…
Section 26 (4)
“(4) A notice under this section
( a ) may be served whether or not there has been a prosecution for an offence under Part IV of the Environmental Protection Agency Act, 1992 or this Act in the case of an emission from an activity in respect of which a licence or revised licence under that Part of that Act is in force or, in any other case, a prosecution for an offence under this Act in relation to the emission concerned:
( b ) shall not prejudice the initiation of a prosecution under Part IV of the Environmental Protection Agency Act, 1992 or this Act in the case of an activity in respect of which a licence or revised licence under that Part of that Act is in force or, in any other case, a prosecution under this Act relating to the emission concerned.”.
…
C28
Application of section modified (1.08.1994) by Environmental Protection Agency (Extension of Powers) Order 1994 (S.I. No. 206 of 1994), art 10, in effect as per art. 2.
10. The provisions of the Act of 1987 which are specified in the Table hereunder as modified by this Order shall apply (subject to any qualification included in the Table) to the Agency in lieu of the local authority for the purposes of the prevention or limitation, or the remedying of the effects, as the case may be, of air pollution from an activity, other than an activity to which section 99 (2) of the Act applies, in respect of which a licence or revised licence under Part IV of the Act is in force.
Table
Air Pollution Act 1987
Section
Provision
7
Subsection (1) for the purpose of the appointment of “authorised persons”.
11
The whole section
12
The whole section
13
Subsections (1), (3) and (4).
14
The whole section
15
The whole section
16
Paragraphs (a) and (b) of subsection (1) and subsections (2), (3) and (4).
24
The whole section
26
The whole section
28
The whole section
28A
Subsections (4) and (6).
54
Subsections (1), (2), (3) and (4).
11. For the purposes of article 10, a function conferred on a local authority or anything required to be done in relation to a local authority under any of the provisions of the Act of 1987 specified in that article, shall, as the case may be, be exercised by, or done in relation to, the Agency in lieu of the local authority.
12. (1) For the purposes of articles 10 and 11, for references to “local authority” in any of the provisions therein referred to (other than section 13 (1) (b) of the Act of 1987) there shall be substituted the following—
“the Environmental Protection Agency, in the case of an activity in respect of which a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992, is in force, and, in any other case, a local authority”,
and cognate words shall be construed accordingly.
(2) For the purposes of articles 10 and 11, the provisions of the Act of 1987 which are specified in the said articles shall apply as modified in the manner set out in the Second Schedule.
SECOND SCHEDULE
Modifications of the Air Pollution Act, 1987
The provisions of the Air Pollution Act, 1987 as modified for the purposes of article 12 (2) are set out as follows—
…
Section 26 (4)
“(4) A notice under this section—
( a ) may be served whether or not there has been a prosecution for an offence under Part IV of the Environmental Protection Agency Act, 1992 or this Act in the case of an emission from an activity in respect of which a licence or revised licence under that Part of that Act is in force or, in any other case, a prosecution for an offence under this Act in relation to the emission concerned;
( b ) shall not prejudice the initiation of a prosecution under Part IV of the Environmental Protection Agency Act, 1992 or this Act in the case of an activity in respect of which a licence or revised licence under that Part of that Act is in force or, in any other case, a prosecution under this Act relating to the emission concerned.”.
…
Power of local authority to take steps to prevent or limit air pollution.
27. — (1) Where it appears to a local authority that urgent measures are necessary to prevent or to limit air pollution affecting any part of their functional area or any adjoining area, the local authority may take such steps, carry out such operations or give such assistance as they consider necessary to prevent or to limit such pollution or to remedy the effects of any such 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.
Power of High Court in relation to air pollution.
28. — (1) The High Court may, on the application of a local authority or any other person, by order, prohibit or restrict an emission from any premises where the Court is satisfied that—
(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.
Annotations:
Modifications (not altering text):
C29
Application of section modified (27.05.1996) by Environmental Protection Agency (Extension of Powers) Order 1996 (S.I. No. 126 of 1996), art. 10, in effect as per art. 2.
10. The provisions of the Act of 1987 which are specified in the Table hereunder as modified by this Order shall apply (subject to any qualification included in the Table) to the Agency in lieu of the local authority for the purposes of the prevention or limitation, or the remedying of the effects, as the case may be, of air pollution from an activity, other than an activity to which section 99 (2) of the Act applies, in respect of which a licence or revised licence under Part IV of the Act is in force.
Table
Air Pollution Act 1987
Section
Provision or Qualification
7
Subsection (1) for the purpose of the appointment of “authorised persons”.
11
The whole section.
12
The whole section.
13
Subsections (1), (3) and (4).
14
The whole section.
15
The whole section.
16
Paragraphs (a) and (b) of subsection (1) and subsections (2), (3) and (4).
24
The whole section.
26
The whole section.
28
Subsections (4) and (6).
54
Subsections (1), (2), (3) and (4).
11. For the purposes of article 10, a function conferred on a local authority or anything required to be done in relation to a local authority under any of the provisions of the Act of 1987 specified in that article, shall, as the case may be, be exercised by, or done in relation to, the Agency in lieu of the local authority.
12. (1) For the purposes of articles 10 and 11, for references to “local authority” in any of the provisions therein referred to (other than section 13 (1) (b) of the Act of 1987) there shall be substituted the following—
“the Environmental Protection Agency, in the case of an activity in respect of which a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992, is in force, and, in any other case, a local authority”,
and cognate words shall be construed accordingly.
(2) For the purposes of articles 10 and 11, the provisions of the Act of 1987 which are specified in the said articles shall apply as modified in the manner set out in the Second Schedule.
SECOND SCHEDULE
Modifications of the Air Pollution Act, 1987
The provisions of the Air Pollution Act, 1987 as modified for the purposes of article 12 (2) are set out as follows—
…
Section 28 (2) (b)
“(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, in the case of an activity in respect of which a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992, is in force that licence or revised licence and, in any other case, any relevant licence under this Act;”.
…
C30
Application of section modified (1.08.1994) by Environmental Protection Agency (Extension of Powers) Order 1994 (S.I. No. 206 of 1994), art 10, in effect as per art. 2.
10. The provisions of the Act of 1987 which are specified in the Table hereunder as modified by this Order shall apply (subject to any qualification included in the Table) to the Agency in lieu of the local authority for the purposes of the prevention or limitation, or the remedying of the effects, as the case may be, of air pollution from an activity, other than an activity to which section 99 (2) of the Act applies, in respect of which a licence or revised licence under Part IV of the Act is in force.
Table
Air Pollution Act 1987
Section
Provision
7
Subsection (1) for the purpose of the appointment of “authorised persons”.
11
The whole section
12
The whole section
13
Subsections (1), (3) and (4).
14
The whole section
15
The whole section
16
Paragraphs (a) and (b) of subsection (1) and subsections (2), (3) and (4).
24
The whole section
26
The whole section
28
The whole section
28A
Subsections (4) and (6).
54
Subsections (1), (2), (3) and (4).
11. For the purposes of article 10, a function conferred on a local authority or anything required to be done in relation to a local authority under any of the provisions of the Act of 1987 specified in that article, shall, as the case may be, be exercised by, or done in relation to, the Agency in lieu of the local authority.
12. (1) For the purposes of articles 10 and 11, for references to “local authority” in any of the provisions therein referred to (other than section 13 (1) (b) of the Act of 1987) there shall be substituted the following—
“the Environmental Protection Agency, in the case of an activity in respect of which a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992, is in force, and, in any other case, a local authority”,
and cognate words shall be construed accordingly.
(2) For the purposes of articles 10 and 11, the provisions of the Act of 1987 which are specified in the said articles shall apply as modified in the manner set out in the Second Schedule.
SECOND SCHEDULE
Modifications of the Air Pollution Act, 1987
The provisions of the Air Pollution Act, 1987 as modified for the purposes of article 12 (2) are set out as follows—
…
Section 28 (2) (b)
“(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 specified in the order to ensure that the emission concerned is terminated or restricted or, as the case may be, complies with, in the case of an activity in respect of which a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992, is in force that licence or revised licence and, in any other case, any relevant licence under this Act;”.
…
Editorial Notes:
E121
Defence to proceedings under section provided by Environmental Protection Agency Act 1992 (7/1992), s. 84(3)(b)(iii); as substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.
E122
Defence to proceedings under section provided (1.07.1996) by Waste Management Act 1996 (10/1996), s. 40(12)(b)(iii), S.I. No. 192 of 1996.
E123
Previous affecting provision: defence to proceedings under section provided (23.04.1992) by Environmental Protection Agency Act 1992 (7/1992), s. 83(7)(b)(iii), commenced on enactment; section substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.
F33[
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 under section 51 of this Act or an emission which is in accordance with directions specifying best practicable means issued by the Minister under subsection (3) of section 5 of 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 under paragraph (a) means—
(i) in case the estimated cost of complying with the order to which the application relates does not exceed F34[€15,000], the District Court,
(ii) in case the estimated cost aforesaid does not exceed F35[€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 exceed F34[€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 exceed F35[€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 under paragraph (c) of subsection (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 under subsection (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 under paragraph (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 under subsection (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 under subsection (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 under subsection (1) may be made whether or not there has been a prosecution for an offence under this Act in relation to the emission concerned.]
Annotations:
Amendments:
F33
Inserted (23.04.1992) by Environmental Protection Agency Act 1992 (7/1992), s. 18(2) and sch. 3 para. 4, commenced on enactment.
F34
Substituted (3.02.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 15 and sch. part 2 item 7, S.I. No. 566 of 2013.
F35
Substituted (3.02.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 14 and sch. part 1 item 4, S.I. No. 566 of 2013.
Modifications (not altering text):
C31
Application of section modified (27.05.1996) by Environmental Protection Agency (Extension of Powers) Order 1996 (S.I. No. 126 of 1996), art. 10, in effect as per art. 2.
10. The provisions of the Act of 1987 which are specified in the Table hereunder as modified by this Order shall apply (subject to any qualification included in the Table) to the Agency in lieu of the local authority for the purposes of the prevention or limitation, or the remedying of the effects, as the case may be, of air pollution from an activity, other than an activity to which section 99 (2) of the Act applies, in respect of which a licence or revised licence under Part IV of the Act is in force.
Table
Air Pollution Act 1987
Section
Provision or Qualification
7
Subsection (1) for the purpose of the appointment of “authorised persons”.
11
The whole section.
12
The whole section.
13
Subsections (1), (3) and (4).
14
The whole section.
15
The whole section.
16
Paragraphs (a) and (b) of subsection (1) and subsections (2), (3) and (4).
24
The whole section.
26
The whole section.
28
Subsections (4) and (6).
54
Subsections (1), (2), (3) and (4).
11. For the purposes of article 10, a function conferred on a local authority or anything required to be done in relation to a local authority under any of the provisions of the Act of 1987 specified in that article, shall, as the case may be, be exercised by, or done in relation to, the Agency in lieu of the local authority.
12. (1) For the purposes of articles 10 and 11, for references to “local authority” in any of the provisions therein referred to (other than section 13 (1) (b) of the Act of 1987) there shall be substituted the following—
“the Environmental Protection Agency, in the case of an activity in respect of which a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992, is in force, and, in any other case, a local authority”,
and cognate words shall be construed accordingly.
(2) For the purposes of articles 10 and 11, the provisions of the Act of 1987 which are specified in the said articles shall apply as modified in the manner set out in the Second Schedule.
SECOND SCHEDULE
Modifications of the Air Pollution Act, 1987
The provisions of the Air Pollution Act, 1987 as modified for the purposes of article 12 (2) are set out as follows—
…
Section 28A (6)
“(6) An application under subsection (1) may be made whether or not there has been, in the case of an activity in respect of which a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992 is in force, a prosecution for an offence under that Part of that Act or under this Act, and. in any other case, a prosecution for an offence under this Act, in relation to the emission concerned.”.
C32
Application of section modified (1.08.1994) by Environmental Protection Agency (Extension of Powers) Order 1994 (S.I. No. 206 of 1994), art 10, in effect as per art. 2.
10. The provisions of the Act of 1987 which are specified in the Table hereunder as modified by this Order shall apply (subject to any qualification included in the Table) to the Agency in lieu of the local authority for the purposes of the prevention or limitation, or the remedying of the effects, as the case may be, of air pollution from an activity, other than an activity to which section 99 (2) of the Act applies, in respect of which a licence or revised licence under Part IV of the Act is in force.
Table
Air Pollution Act 1987
Section
Provision
7
Subsection (1) for the purpose of the appointment of “authorised persons”.
11
The whole section
12
The whole section
13
Subsections (1), (3) and (4).
14
The whole section
15
The whole section
16
Paragraphs (a) and (b) of subsection (1) and subsections (2), (3) and (4).
24
The whole section
26
The whole section
28
The whole section
28A
Subsections (4) and (6).
54
Subsections (1), (2), (3) and (4).
11. For the purposes of article 10, a function conferred on a local authority or anything required to be done in relation to a local authority under any of the provisions of the Act of 1987 specified in that article, shall, as the case may be, be exercised by, or done in relation to, the Agency in lieu of the local authority.
12. (1) For the purposes of articles 10 and 11, for references to “local authority” in any of the provisions therein referred to (other than section 13 (1) (b) of the Act of 1987) there shall be substituted the following—
“the Environmental Protection Agency, in the case of an activity in respect of which a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992, is in force, and, in any other case, a local authority”,
and cognate words shall be construed accordingly.
(2) For the purposes of articles 10 and 11, the provisions of the Act of 1987 which are specified in the said articles shall apply as modified in the manner set out in the Second Schedule.
SECOND SCHEDULE
Modifications of the Air Pollution Act, 1987
The provisions of the Air Pollution Act, 1987 as modified for the purposes of article 12 (2) are set out as follows—
…
Section 28A (6)
“(6) An application under subsection (1) may be made whether or not there has been, in the case of an activity in respect of which a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992 is in force, a prosecution for an offence under that Part of that Act or under this Act, and, in any other case, a prosecution for an offence under this Act, in relation to the emission concerned.”.
Editorial Notes:
E124
Defence to proceedings under section provided by Environmental Protection Agency Act 1992 (7/1992), s. 84(3)(b)(iii) as substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.
E125
Defence to proceedings under section provided (1.07.1996) by Waste Management Act 1996 (10/1996), s. 40(12)(b)(iii), S.I. No. 192 of 1996.
E126
Previous affecting provision: defence to proceedings under section provided (23.04.1992) by Environmental Protection Agency Act 1992 (7/1992), s. 83(7)(b)(iii), commenced on enactment; section substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.
E127
Previous affecting provision: section amended by Courts and Court Officers Act 2002 (15/2002), ss. 13 and 14 and sch. 2, not commenced; repealed (3.02.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 2(1), S.I. No. 566 of 2013.
F36[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 under section 51 of this Act or an emission which is in accordance with directions specifying best practicable means issued by the Minister under subsection (3) of section 5 of this Act.]
Annotations:
Amendments:
F36
Inserted (23.04.1992) by Environmental Protection Agency Act 1992 (5/1992), s. 18(2) and sch. 3 para. 4, commenced on enactment.
Editorial Notes:
E128
Defence to proceedings under section provided by Environmental Protection Agency Act 1992 (7/1992), s. 84(3)(b)(iii) as substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.
E129
Defence to proceedings under section provided (1.07.1996) by Waste Management Act 1996 (10/1996), s. 40(12)(b)(iii), S.I. No. 192 of 1996.
E130
Previous affecting provision: defence to proceedings under section provided (23.04.1992) by Environmental Protection Agency Act 1992 (7/1992), s. 83(7)(b)(iii), commenced on enactment; section substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.
Notification of incident causing air pollution.
29. — (1) The occupier of any premises, other than a private dwelling, shall as soon as practicable after the occurrence of any incident which may cause air pollution notify the relevant local authority of the incident.
(2) In this section “ incident ” includes an accidental emission.
Annotations:
Modifications (not altering text):
C33
Application of section extended (27.05.1996) by Environmental Protection Agency (Extension of Powers) Order 1996 (S.I. No. 126 of 1996), art. 15, in effect as per art. 2.
13. Section 29 of the Act of 1987 shall apply to the Agency in addition to the local authority for the purposes of the prevention and limitation, or the remedying of the effects, as the case may be, of air pollution from an activity, other than an activity to which section 99 (2) of the Act applies, in respect of which a licence or revised licence under Part IV of the Act is in force.
14. For the purposes of article 13, anything required to be done in relation to a local authority under section 29 of the Act of 1987 shall be done in relation to the Agency in addition to the local authority.
15. For the purposes of articles 13 and 14, for the reference to “local authority” in section 29 of the Act of 1987 there shall be substituted the following—
“local authority, and in the case of an incident in connection with an activity in respect of which a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992 is in force, the Environmental Protection Agency,”
…
C34
Application of section extended (1.08.1994) by Environmental Protection Agency (Extension of Powers) Order 1994 (S.I. No. 206 of 1994), art. 15, in effect as per art. 2.
13. Section 29 of the Act of 1987 shall apply to the Agency in addition to the local authority for the purposes of the prevention and limitation, or the remedying of the effects, as the case may be, of air pollution from an activity, other than an activity to which section 99 (2) of the Act applies, in respect of which a licence or revised licence under Part IV of the Act is in force.
14. For the purposes of article 13, anything required to be done in relation to a local authority under section 29 of the Act of 1987 shall be done in relation to the Agency in addition to the local authority.
15. For the purposes of articles 13 and 14, for the reference to “local authority” in section 29 of the Act of 1987 there shall be substituted the following—
“local authority, and in the case of an incident in connection with an activity in respect of which a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992 is in force, the Environmental Protection Agency,”
…
PART III
Licensing of Industrial Plant
Annotations:
Modifications (not altering text):
C35
Application of Part restricted (1.07.1996) by Waste Management Act 1996 (10/1996), s. 40(5)(a), S.I. No. 192 of 1996.
Grant of waste licences.
40.— …
(5) Where a waste licence is granted in relation to an activity, a licence under—
(a) Part III of the Act of 1987,
…
shall not be granted in relation to such an activity, and any such licence that is in force in relation to such an activity shall thereupon cease to have effect in relation thereto.
…
C36
Application of Part restricted (23.04.1992) by Environmental Protection Agency Act 1992 (7/1992), ss. 84(1)(a), (2)(a), 99B(1), 99G(1), commenced on enactment; as substituted and inserted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.
[Provisions supplemental to, and consequential on, section 83.
84.—(1) Where a licence or revised licence is required under this Part in respect of an activity, a licence under—
(a) Part III of the Air Pollution Act 1987,
…
shall not be granted in relation to such activity.
(2) Where a licence or revised licence has been granted under this Part in respect of an activity, a licence under—
(a) Part III of the Air Pollution Act 1987,
…
shall cease to have effect in relation to such activity.
…]
[Special cases
99B.—(1) The Minister may, by order, as respects any process, development or operation that is not specified in the First Schedule, do both of the following, namely, provide that—
(a) any requirement under—
(i) Part III of the Air Pollution Act 1987,
…
as appropriate, that a licence under such an enactment be in force for the carrying on of the process, development or operation shall cease to apply to it,and
(b) a licence under this Part shall be required for the carrying on of it,
and where such an order is made the provisions of this Act shall apply in relation to the process, development or operation concerned as if it were an activity for so long as the order remains in force.
…]
[Transitional arrangements.
99G.—(1) Without prejudice to the requirements of the Directive, where the Agency proposes to grant a licence or revised licence in respect of an established activity for which a licence has been granted under—
(a) Part III of the Air Pollution Act 1987,
…
the Agency shall, if the licence or revised licence under this Part is being granted during the period of 3 years from the grant of a licence referred to in paragraph (a), (b) or (c), have regard to the conditions (if any) attached to such licence and the costs in relation to the activity which would be incurred if different conditions were attached to the licence or revised licence to be granted by the Agency.
…]
Editorial Notes:
E131
Previous affecting provisions: application of Part restricted (23.04.1992) by Environmental Protection Agency Act 1992 (7/1992), ss. 83(5)(a)(i), 83(6)(a)(i), 95(1)(a)(i), 99(1)(a)(i), commenced on enactment; sections substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.
Licence to operate industrial plant.
30. — (1) A person shall not operate industrial plant, other than existing industrial plant, on or after such day as may be prescribed F37[save under and in accordance with a licence under this Act that is in force in relation to the 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 F37[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.
Annotations:
Amendments:
F37
Substituted (1.07.1996) by Waste Management Act 1996 (10/1996), s. 65(2), S.I. No. 192 of 1996.
Editorial Notes:
E132
Power pursuant to section exercised (1.11.1988) by Air Pollution Act, 1987 (Licensing of Industrial Plant) Regulations 1988 (S.I. No. 266 of 1988), in effect as per reg. 2.
E133
Previous affecting provision: power pursuant to section exercised (1.10.1992) by Air Pollution Act 1987 (Combustion Plant) Regulations 1992 (S.I. No. 273 of 1992), in effect as per reg. 1(2); revoked (1.10.1996) by Air Pollution Act 1987 (Emission Limit Values for Combustion Plant) Regulations 1996 (S.I. No. 264 of 1996), reg. 8, in effect as per reg. 1(2).
Regulations regarding licences.
31. — (1) The Minister shall, by regulations, provide for the grant of licences by local authorities to persons who apply to the local authority concerned and who comply with the requirements of, or made pursuant to, the regulations in relation to such applications.
(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.
Annotations:
Modifications (not altering text):
C37
Application of section and regulations made thereunder restricted (1.05.2007) by European Communities (Access to Information on the Environment) Regulations 2007 (S.I. No. 133 of 2007), reg. 4(2)(b), in effect as per reg. 1(2).
Scope
4. (1) These Regulations apply to environmental information other than, subject to sub-article (2), information that, under any statutory provision apart from these Regulations, is required to be made available to the public, whether for inspection or otherwise
(2) Notwithstanding— …
(b) sections 10 and 31 of the Air Pollution Act 1987 (No. 6 of 1987) and any regulations made thereunder, and
….
environmental information held by, or on behalf of, a public authority shall be made available in accordance with these Regulations.
Editorial Notes:
E134
Power pursuant to section exercised (1.11.1988) by Air Pollution Act, 1987 (Licensing of Industrial Plant) Regulations 1988 (S.I. No. 266 of 1988), in effect as per reg. 2.
E135
Previous affecting provision: application of section and regulations made thereunder restricted (1.05.1998) by European Communities Act, 1972 (Access to Information on the Environment) Regulations 1998 (S.I. No. 125 of 1998), reg. 5(2), as per reg 2; revoked (1.05.2007) by S.I. No. 133 of 2007, reg. 2(2), in effect as per reg. 1(2).
E136
Previous affecting provision: power pursuant to section exercised (1.10.1992) by Air Pollution Act 1987 (Combustion Plant) Regulations 1992 (S.I. No. 273 of 1992), in effect as per reg. 1(2); revoked (1.10.1996) by Air Pollution Act 1987 (Emission Limit Values for Combustion Plant) Regulations 1996 (S.I. No. 264 of 1996), reg. 8, in effect as per reg. 1(2).
Grant of licences.
32. — (1) Where
(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.
F38[(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 in paragraphs (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.
Annotations:
Amendments:
F38
Substituted (23.04.1992) by Environmental Protection Agency Act 1992 (5/1992), s. 18(2) and sch. 3 para. 3, commenced on enactment.
Editorial Notes:
E137
Provision for costs of certain proceedings under section to be borne by each party in certain circumstances made (23.08.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), ss. 3, 4, 5, 6, 7, S.I. No. 433 of 2011.
Review of licences.
33. — (1) A local authority may review a licence under this Act at any time with the consent of the licensee, or at a time not less than three years from the date on which the licence was granted or, as the case may be, the date of the latest review of the licence.
(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.
Annotations:
Editorial Notes:
E138
Power pursuant to section exercised (1.11.1988) by Air Pollution Act, 1987 (Licensing of Industrial Plant) Regulations 1988 (S.I. No. 266 of 1988), in effect as per reg. 2.
E139
Previous affecting provision: power pursuant to section exercised (1.10.1992) by Air Pollution Act 1987 (Combustion Plant) Regulations 1992 (S.I. No. 273 of 1992), in effect as per reg. 1(2); revoked (1.10.1996) by Air Pollution Act 1987 (Emission Limit Values for Combustion Plant) Regulations 1996 (S.I. No. 264 of 1996), reg. 8, in effect as per reg. 1(2).
Appeals.
34. — (1) Any person may, at any time before the expiration of the prescribed period, appeal to F39[the Agency] in relation to the granting or refusing of a licence under section 32, or to the granting of a revised licence under section 33.
(2) F39[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.
Annotations:
Amendments:
F39
Substituted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), ss. 25(1)(a), (b), S.I. No. 358 of 2015, subject to transitional provision in subs. (2).
Editorial Notes:
E140
Transitional provision for appeal under section made by Environmental Protection Agency Act 1992 (7/1992), s. 99G(6) as inserted (12.07.2004) by Protection of the Environment Act 2003 (15/2003), s. 15, S.I. No. 393 of 2004.
E141
Power pursuant to section exercised (1.11.1988) by Air Pollution Act, 1987 (Licensing of Industrial Plant) Regulations 1988 (S.I. No. 266 of 1988), in effect as per reg. 2.
E142
Previous affecting provision: transitional arrangements provided (23.04.1992) by Environmental Protection Agency Act 1992 (7/1992), s. 99(6), commenced on enactment; section substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.
Fees.
35. — (1) The Minister may make regulations providing for—
(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.
Annotations:
Editorial Notes:
E143
Power pursuant to section exercised (1.01.2002) by Air Pollution Act, 1987 (Licensing of Industrial Plant) (Fees Amendment) Regulations 2001 (S.I. No. 575 of 2001), in effect as per reg. 2.
E144
Power pursuant to section exercised (1.11.1988) by Air Pollution Act, 1987 (Licensing of Industrial Plant) Regulations 1988 (S.I. No. 266 of 1988), in effect as per reg. 2.
Limit on duration of licence.
36. — (1) Subject to subsection (2), where industrial plant to which a licence under this Act relates—
(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.
Change of ownership of industrial plant.
37. — (1) Where a licence is granted under this Act, then, except as may be otherwise provided by the licence, the grant of the licence shall enure for the benefit of the industrial plant and of all persons for the time being interested therein, but without prejudice to the provisions of section 33 in relation to the review of the licence.
(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.
Alterations at industrial plant.
38. — (1) The occupier of 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
Special control areas.
39. — (1) Where it appears to a local authority that the whole or any part of their functional area should, in order to prevent or limit air pollution, be declared to be a special control area, they may make an order (in this Act referred to as a “ special control area order ”) under this section.
(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.
Annotations:
Editorial Notes:
E145
EPA required to review licence on granting of special control area order by Environmental Protection Agency Act 1992 (7/1992), s. 90(5)(a); as substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.
E146
Previous affecting provision: EPA required to review licence on granting of special control area order (23.04.1992) by Environmental Protection Agency Act 1992 (7/1992), s. 88(4)(a), commenced on enactment; section substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.
Special control area orders.
40. — (1) Without prejudice to the provisions of section 39 (3), a special control area order may make provision for the following:
(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.
Annotations:
Editorial Notes:
E147
Power pursuant to subs. (2) exercised (10.11.1989) by Air Pollution Act, 1987 (Authorised Fireplace) (Revocation) Regulations 1989 (S.I. No. 293 of 1989).
E148
Power pursuant to subs. (3) exercised (22.11.1988) by Air Pollution Act 1987 (Authorised Fuel) Regulations 1988 (S.I. No. 298 of 1988).
E149
Previous affecting provision: power pursuant to subs. (2) exercised (22.11.1988) by Air Pollution Act 1987 (Authorised Fireplace) Regulations 1988 (S.I. No. 297 of 1988); revoked (10.11.1989) by Air Pollution Act 1987 (Authorised Fireplace) (Revocation) Regulations 1989 (S.I. No. 293 of 1989), reg. 2.
Confirmation of special control area order.
41. — (1) As soon as may be after they have made a special control area order, a local authority shall publish in one or more newspapers circulating in the area to which the order relates a notice—
(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
(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.
Annotations:
Editorial Notes:
E150
Power pursuant to section exercised (31.08.1990) by Special Control Area (Ballyfermot Area D) Order 1989 (Confirmation) Order 1990 (S.I. No. 26 of 1990), in effect as per art. 3.
E151
Power pursuant to section exercised (31.05.1990) by Special Control Area (Ballyfermot Area C) Order 1989 (Confirmation) Order 1989 (S.I. No. 292 of 1989), in effect as per art. 3.
E152
Power pursuant to section exercised (31.05.1990) by Special Control Area (Ballyfermot Area B) Order 1988 (Confirmation) Order 1989 (S.I. No. 291 of 1989), in effect as per art. 3.
E153
Power pursuant to section exercised (31.05.1989) by Special Control Area (Ballyfermot) Order, 1988 (Confirmation) Order 1988 (S.I. No. 282 of 1988), in effect as per art. 3.
Oral hearings.
42. — (1) An oral hearing in relation to a special control area order held pursuant to section 41 (3) or (4) shall be conducted by a person appointed for that purpose by the Minister.
(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.
Relaxation or suspension of special control area order.
43. — (1) If, at any time, it appears to the Minister to be necessary so to do, he may, by order, suspend or relax the operation of a special control area order in relation to the whole or any part of a special control area for such period as may be specified in the 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.
Power of local authority to require alterations to premises.
44. — (1) A local authority may, by notice in writing served on the person who appears to them to be the owner or occupier of a premises which—
(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.
Financial assistance for certain works.
45. — (1) The Minister may, with the consent of the Minister for Finance, make a scheme or schemes for the granting of financial assistance in relation to the whole or any part of the costs incurred by the owner or occupier of a premises situate within a special control area in order to enable the premises to comply with the requirements of a special control area order or a notice under section 44 .
(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.
Annotations:
Modifications (not altering text):
C38
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
…
5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
…
Schedule 1
Enactments
…
Part 2
1922 to 2011 Enactments
Number and Year
Short Title
Provision
(1)
(2)
(3)
…
…
…
No. 6 of 1987
Air Pollution Act 1987
Sections 18(4) and 45(1) and (3)
…
…
…
PART V
Air Quality Management Plans and Standards
Air quality management plans.
46. — (1) A local authority may, and shall if the Minister so directs, make, in relation to all or any part of their functional area, a plan (in this Act referred to as an “ air quality management plan ”) for the preservation or the improvement of the air quality in the area to which such plan relates.
(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.
Annotations:
Editorial Notes:
E154
Prospective affecting provision: power granted to Minister to require the EPA to make a water quality management plan under section by Environmental Protection Agency Act 1992 (7/1992), s. 102(1), not commenced as of date of revision.
E155
Prospective affecting provision: qualified power granted to Minister to modify section by order by Environmental Protection Agency Act 1992 (7/1992), s. 102(2), not commenced as of date of revision.
E156
Power pursuant to section exercised (28.12.2016) by Air Quality Standards (Amendment) and Arsenic, Cadmium, Mercury, Nickel and Polycyclic Aromatic Hydrocarbons in Ambient Air (Amendment) Regulations 2016 (S.I. No. 659 of 2016), in effect as per reg. 2.
E157
Power pursuant to section exercised (23.02.2009) by Arsenic, Cadmium, Mercury, Nickel and Polycyclic Aromatic Hydrocarbons in Ambient Air Regulations 2009 (S.I. No. 58 of 2009), in effect as per reg. 2.
E158
Previous affecting provision: power pursuant to section exercised (16.02.2004) by Ozone in Ambient Air Regulations 2004 (S.I. No. 53 of 2004), in effect as per reg. 2; revoked (12.04.2011) by Air Quality Standards Regulations 2011 (S.I. No. 180 of 2011), reg. 27(3), in effect as per reg. 2.
E159
Previous affecting provision: power pursuant to section exercised (17.06.2002) by Air Quality Standards Regulations 2002 (S.I. No. 271 of 2002), in effect as per reg. 2; revoked (12.04.2011) by Air Quality Standards Regulations 2011 (S.I. No. 180 of 2011), reg. 27(2), in effect as per reg. 2.
Power of Minister in relation to an air quality management plan.
47. — The Minister may—
(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.
Annotations:
Editorial Notes:
E160
Prospective affecting provision: qualified power granted to Minister to modify section by order by Environmental Protection Agency Act 1992 (7/1992), s. 102(2), not commenced as of date of revision.
E161
Power pursuant to section exercised (28.12.2016) by Air Quality Standards (Amendment) and Arsenic, Cadmium, Mercury, Nickel and Polycyclic Aromatic Hydrocarbons in Ambient Air (Amendment) Regulations 2016 (S.I. No. 659 of 2016), in effect as per reg. 2.
E162
Power pursuant to section exercised (23.02.2009) by Arsenic, Cadmium, Mercury, Nickel and Polycyclic Aromatic Hydrocarbons in Ambient Air Regulations 2009 (S.I. No. 58 of 2009), in effect as per reg. 2.
E163
Previous affecting provision: power pursuant to section exercised (16.02.2004) by Ozone in Ambient Air Regulations 2004 (S.I. No. 53 of 2004), in effect as per reg. 2; revoked (12.04.2011) by Air Quality Standards Regulations 2011 (S.I. No. 180 of 2011), reg. 27(3), in effect as per reg. 2.
E164
Previous affecting provision: power pursuant to section exercised (17.06.2002) by Air Quality Standards Regulations 2002 (S.I. No. 271 of 2002), in effect as per reg. 2; revoked (12.04.2011) by Air Quality Standards Regulations 2011 (S.I. No. 180 of 2011), reg. 27(2), in effect as per reg. 2.
Publication of notices in relation to air quality management plans.
48. — (1) Where a local authority propose to make, vary or replace an air quality management plan, the local authority shall cause to be published in at least one newspaper circulating in their functional area a notice of the proposal, as the case may be, to make, vary or replace the plan.
(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.
Annotations:
Editorial Notes:
E165
Prospective affecting provision: qualified power granted to Minister to modify section by order by Environmental Protection Agency Act 1992 (7/1992), s. 102(2), not commenced as of date of revision.
Duty of local authority on making, varying or replacing an air quality management plan.
49. — As soon as may be after a local authority have made, varied or replaced an air quality management plan, the local authority shall transmit a copy of the plan or the new plan, as the case may be, to the Minister and to such other persons as may be prescribed.
Annotations:
Editorial Notes:
E166
Power pursuant to section exercised (28.12.2016) by Air Quality Standards (Amendment) and Arsenic, Cadmium, Mercury, Nickel and Polycyclic Aromatic Hydrocarbons in Ambient Air (Amendment) Regulations 2016 (S.I. No. 659 of 2016), in effect as per reg. 2.
E167
Power pursuant to section exercised (23.02.2009) by Arsenic, Cadmium, Mercury, Nickel and Polycyclic Aromatic Hydrocarbons in Ambient Air Regulations 2009 (S.I. No. 58 of 2009), in effect as per reg. 2.
E168
Previous affecting provision: power pursuant to section exercised (16.02.2004) by Ozone in Ambient Air Regulations 2004 (S.I. No. 53 of 2004), in effect as per reg. 2; revoked (12.04.2011) by Air Quality Standards Regulations 2011 (S.I. No. 180 of 2011), reg. 27(3), in effect as per reg. 2.
E169
Previous affecting provision: power pursuant to section exercised (17.06.2002) by Air Quality Standards Regulations 2002 (S.I. No. 271 of 2002), in effect as per reg. 2; revoked (12.04.2011) by Air Quality Standards Regulations 2011 (S.I. No. 180 of 2011), reg. 27(2), in effect as per reg. 2.
Air quality standards.
50. — (1) The Minister may, for the purposes of this Act, by regulations specify standards (in this Act referred to as “ air quality standards ”) and different air quality standards may be specified for different areas or classes of areas, different circumstances or classes of circumstances or for different periods of time.
(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.
Annotations:
Editorial Notes:
E170
Prospective affecting provision: EPA empowered to make recommendations in relation to prescribing of quality standards for air under section, and required to do so when requested by Minister, as provided by Environmental Protection Agency Act 1992 (7/1992), s. 103(1)(a), not commenced as of date of revision.
E171
Power pursuant to section exercised (28.12.2016) by Air Quality Standards (Amendment) and Arsenic, Cadmium, Mercury, Nickel and Polycyclic Aromatic Hydrocarbons in Ambient Air (Amendment) Regulations 2016 (S.I. No. 659 of 2016), in effect as per reg. 2.
E172
Power pursuant to section exercised (23.02.2009) by Arsenic, Cadmium, Mercury, Nickel and Polycyclic Aromatic Hydrocarbons in Ambient Air Regulations 2009 (S.I. No. 58 of 2009), in effect as per reg. 2.
E173
Previous affecting provision: power pursuant to section exercised (16.02.2004) by Ozone in Ambient Air Regulations 2004 (S.I. No. 53 of 2004), in effect as per reg. 2; revoked (12.04.2011) by Air Quality Standards Regulations 2011 (S.I. No. 180 of 2011), reg. 27(3), in effect as per reg. 2.
E174
Previous affecting provision: power pursuant to section exercised (17.06.2002) by Air Quality Standards Regulations 2002 (S.I. No. 271 of 2002), in effect as per reg. 2; revoked (12.04.2011) by Air Quality Standards Regulations 2011 (S.I. No. 180 of 2011), reg. 27(2), in effect as per reg. 2.
E175
Previous affecting provision: power pursuant to section exercised (1.10.1987) by Air Pollution Act, 1987 (Air Quality Standards) Regulations 1987 (S.I. No. 244 of 1987), in effect as per reg. 1(2); revoked (31.12.2009) by Air Quality Standards Regulations 2002 (S.I. No. 271 of 2002), reg. 19, in effect as per reg. 19.
Emission limit values.
51. — (1) The Minister may, for the purposes of this Act, by regulations specify limits (in this Act referred to as “ emission limit values ”) for emissions and different emission limit values may be specified for different areas or classes of areas, different premises or classes of premises, different circumstances or classes of circumstances or for different periods of time.
(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.
Annotations:
Modifications (not altering text):
E176
Prospective affecting provision: EPA empowered to make recommendations in relation to prescribing of quality standards for emission limit values under section, and required to do so when requested by Minister, as provided by Environmental Protection Agency Act 1992 (7/1992), s. 103(1)(b), not commenced as of date of revision.
Editorial Notes:
E177
Power pursuant to section exercised (1.03.1990) by Air Pollution Act 1987 (Emission Limit Value for Use of Asbestos) Regulations 1990 (S.I. No. 28 of 1990), in effect as per reg. 1(2).
E178
Previous affecting provision: power pursuant to section exercised (19.04.2010, 1.12.2010 and 1.06.2015) by Emissions of Volatile Organic Compounds from Organic Solvents (Amendment) Regulations 2010 (S.I. No. 165 of 2010), in effect as per reg. 2; revoked (1.01.2013) by European Union (Installations and Activities Using Organic Solvents) Regulations 2012 (S.I. No. 565 of 2012), reg. 29(b), in effect as per reg. 2.
E179
Previous affecting provision: power pursuant to section exercised (27.11.2003) by Large Combustion Plant Regulations 2003 (S.I. No. 644 of 2003), in effect as per reg. 1(2); revoked (7.01.2013) by European Union (Large Combustion Plants) Regulations 2012 (S.I. No. 566 of 2012), reg. 20(a), in effect as per reg. 2, subject to transitional provisions in regs. 8(2)(b), 11(1)(d).
E180
Previous affecting provision: power pursuant to section exercised (30.11.2002) by Emissions of Volatile Organic Compounds from Organic Solvents Regulations 2002 (S.I. No. 543 of 2002), in effect as per reg. 2; revoked with saver (1.01.2013) by European Union (Installations and Activities Using Organic Solvents) Regulations 2012 (S.I. No. 565 of 2012), reg. 29(a), in effect as per reg. 2.
E181
Previous affecting provision: power pursuant to section exercised (1.10.1996) by Air Pollution Act, 1987 (Emission Limit Values for Combustion Plant) Regulations 1996 (S.I. No. 264 of 1996), in effect as per reg. 1(2); revoked (27.11.2003) by Large Combustion Plant Regulations 2003 (S.I. No. 644 of 2003), reg. 14, in effect as per reg. 1(2).
E182
Previous affecting provision: power pursuant to section exercised (1.12.1993) by Air Pollution Act, 1987 (Municipal Waste Incineration) Regulations 1993 (S.I. No. 347 of 1993); revoked (2.05.2013) by European Union (Waste Incineration Plants and Waste Co-Incineration Plants) Regulations 2013 (S.I. No. 148 of 2013), reg. 25(a).
E183
Previous affecting provision: power pursuant to section exercised (1.10.1992) by Air Pollution Act 1987 (Combustion Plant) Regulations 1992 (S.I. No. 273 of 1992), in effect as per reg. 1(2); revoked (1.10.1996) by Air Pollution Act 1987 (Emission Limit Values for Combustion Plant) Regulations 1996 (S.I. No. 264 of 1996), reg. 8, in effect as per reg. 1(2).
Directions by Minister in relation to air pollution.
52. — (1) The Minister shall, from time to time as occasion demands, issue such general directions as to policy in relation to the prevention and limitation of air pollution as he considers necessary.
(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.
Annotations:
Editorial Notes:
E184
Power pursuant to section exercised (28.12.2016) by Air Quality Standards (Amendment) and Arsenic, Cadmium, Mercury, Nickel and Polycyclic Aromatic Hydrocarbons in Ambient Air (Amendment) Regulations 2016 (S.I. No. 659 of 2016), in effect as per reg. 2.
E185
Power pursuant to section exercised (23.02.2009) by Arsenic, Cadmium, Mercury, Nickel and Polycyclic Aromatic Hydrocarbons in Ambient Air Regulations 2009 (S.I. No. 58 of 2009), in effect as per reg. 2.
E186
Previous affecting provision: power pursuant to section exercised (17.06.2002) by Air Quality Standards Regulations 2002 (S.I. No. 271 of 2002), in effect as per reg. 2; revoked (12.04.2011) by Air Quality Standards Regulations 2011 (S.I. No. 180 of 2011), reg. 27(2), in effect as per reg. 2.
Regulations in relation to fuel.
53. — (1) The F40[Minister following such consultation with the Agency as he or she considers necessary], for the purpose of preventing or limiting air pollution, may make regulations in relation to—
(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, F40[placing on the market, distribution, storage or sale] of fuel of any type or description;
F41[(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 F42[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.
F43[(3) Without prejudice to the generality of subsection (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 under section 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 under section 22E or other information or its production to specified persons.]
Annotations:
Amendments:
F40
Substituted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 26(a)(i), (ii), S.I. No. 358 of 2015, art. 2.
F41
Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 26(a)(iii), S.I. No. 358 of 2015, art. 2.
F42
Substituted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 26(b), S.I. No. 358 of 2015, art. 2.
F43
Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 26(c), S.I. No. 358 of 2015, art. 2.
Editorial Notes:
E187
Power pursuant to section exercised (31.10.2022) by Air Pollution Act 1987 (Solid Fuels) Regulations 2022 (S.I. No. 529 of 2022), in effect as per reg. 1(2).
E188
Power pursuant to section exercised (27.07.2009) by Waste Management (Prohibition of Waste Disposal by Burning) Regulations 2009 (S.I. No. 286 of 2009).
E189
Power pursuant to section exercised (1.10.1997) by Air Pollution Act 1987 (Petroleum Vapour Emissions) Regulations 1997 (S.I. No. 375 of 1997), in effect as per reg. 2.
E190
Previous affecting provision: power pursuant to section exercised (1.09.2020) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) (Amendment) Regulations 2020 (S.I. No. 260 of 2020), in effect as per reg. 2; revoked (31.10.2022) by Air Pollution Act 1987 (Solid Fuels) Regulations 2022 (S.I. No. 529 of 2022), reg. 14(f), in effect as per reg. 1(2).
E191
Previous affecting provision: power pursuant to section exercised (17.11.2016) by Air Pollution Act 1987 (Registration of Fuel Bagging Operators and Suppliers, and Marketing, Sale, Distribution and Burning of Specified Fuels) (Amendment) Regulations 2016 (S.I. No. 571 of 2016), in effect as per reg. 2; revoked (31.10.2022) by Air Pollution Act 1987 (Solid Fuels) Regulations 2022 (S.I. No. 529 of 2022), reg. 14(e), in effect as per reg. 1(2).
E192
Previous affecting provision: power pursuant to section exercised (8.03.2016) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) (Amendment) Regulations 2016 (S.I. No. 128 of 2016), in effect as per reg. 2; revoked (31.10.2022) by Air Pollution Act 1987 (Solid Fuels) Regulations 2022 (S.I. No. 529 of 2022), reg. 14(d), in effect as per reg. 1(2).
E193
Previous affecting provision: power pursuant to section exercised (21.01.2015, 1.06.2015) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) (Amendment) Regulations 2015 (S.I. No. 30 of 2015), in effect as per reg. 2(1), (2); revoked (31.10.2022) by Air Pollution Act 1987 (Solid Fuels) Regulations 2022 (S.I. No. 529 of 2022), reg. 14(b), in effect as per reg. 1(2).
E194
Power pursuant to section exercised (31.08.2012, 1.05.2012) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 (S.I. No. 326 of 2012), in effect as per regs. 2, 3; revoked (31.10.2022) by Air Pollution Act 1987 (Solid Fuels) Regulations 2022 (S.I. No. 529 of 2022), reg. 14(a), in effect as per reg. 1(2).
E195
Previous affecting provision: power pursuant to section exercised (23.12.2011) by Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) (Amendment) (No. 2) Regulations 2011 (S.I. No. 714 of 2011); revoked (31.08.2012) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 (S.I. No. 326 of 2012), reg. 13(f), in effect as per reg. 2.
E196
Previous affecting provision: power pursuant to section exercised (7.06.2011, 1.08.2011) by Air Pollution Act 1987 (Marketing, Sale and Distribution of Fuels) (Amendment) Regulations 2011 (S.I. No. 270 of 2011), in effect as per reg. 2(1), (2); revoked (31.08.2012) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 (S.I. No. 326 of 2012), reg. 13(e), in effect as per reg. 2.
E197
Previous affecting provision: power pursuant to section exercised (1.05.2008) by Sulphur Content of Heavy Fuel Oil, Gas Oil, and Marine Fuels Regulations 2008 (S.I. No. 119 of 2008), in effect as per reg. 2; revoked (16.06.2014) by European Union (Sulphur Content of Heavy Fuel Oil and Gas Oil) Regulations 2014 (S.I. No. 273 of 2014), reg. 12(a).
E198
Previous affecting provision: power pursuant to section exercised (15.11.2004) by Air Pollution Act 1987 (Marketing, Sale and Distribution of Fuels) (Amendment) Regulations 2004 (S.I. No. 713 of 2004), in effect as per reg. 2; revoked (31.08.2012) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 (S.I. No. 326 of 2012), reg. 13(d), in effect as per reg. 2.
E199
Previous affecting provision: power pursuant to section exercised (10.05.2004) by Air Pollution Act 1987 (Environmental Specifications for Petrol and Diesel Fuels) (Amendment) Regulations 2004 (S.I. No. 202 of 2004), in effect as per reg. 2; revoked (31.03.2011) by European Communities Act, 1972 (Environmental Specifications for Petrol, Diesel Fuels and Gas Oils for use by non-road mobile machinery, including inland waterway vessels, agricultural and forestry tractors, and recreational craft) Regulations 2011 (S.I. No. 155 of 2011), reg. 19(c), in effect as per reg. 2.
E200
Previous affecting provision: power pursuant to section exercised (1.01.2004) by Air Pollution Act 1987 (Environmental Specifications for Petrol And Diesel Fuels) Regulations 2003 (S.I. No. 541 of 2003), in effect as per reg. 2; revoked (31.03.2011) by European Communities Act, 1972 (Environmental Specifications for Petrol, Diesel Fuels and Gas Oils for use by non-road mobile machinery, including inland waterway vessels, agricultural and forestry tractors, and recreational craft) Regulations 2011 (S.I. No. 155 of 2011), reg. 19(b), in effect as per reg. 2.
E201
Previous affecting provision: power pursuant to section exercised (1.10.2003) by Air Pollution Act 1987 (Marketing, Sale and Distribution of Fuels) (Amendment) Regulations 2003 (S.I. No. 111 of 2003), in effect as per reg. 2; revoked (31.08.2012) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 (S.I. No. 326 of 2012), reg. 13(c), in effect as per reg. 2.
E202
Previous affecting provision: power pursuant to section exercised (1.06.2001) by Air Pollution Act, 1987 (Environmental Specifications for Petrol and Diesel Fuels) (Amendment) Regulations, 2001 (S.I. No. 234 of 2001), in effect as per reg. 2; revoked (1.01.2004) by Air Pollution Act 1987 (Environmental Specifications for Petrol And Diesel Fuels) Regulations 2003 (S.I. No. 541 of 2003), reg. 13(1)(b), in effect as per reg. 2.
E203
Previous affecting provision: power pursuant to section exercised (30.01.2001) by Air Pollution Act, 1987 (Sulphur Content of Heavy Fuel Oil and Gas Oil) Regulations 2001 (S.I. No. 13 of 2001), in effect as per reg. 2; revoked (1.05.2008) by Sulphur Content of Heavy Fuel Oil, Gas Oil, and Marine Fuels Regulations 2008 (S.I. No. 119 of 2008), reg. 16(1), in effect as per reg. 2.
E204
Previous affecting provision: power pursuant to section exercised (1.10.2000) by Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) (Amendment) Regulations 2000 (S.I. No. 278 of 2000), in effect as per reg. 2; revoked (31.08.2012) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 (S.I. No. 326 of 2012), reg. 13(b), in effect as per reg. 2.
E205
Previous affecting provision: power pursuant to section exercised (31.03.2000) by Air Pollution Act, 1987 (Environmental Specifications for Petrol and Diesel Fuels) Regulations 2000 (S.I. No. 72 of 2000), in effect as per reg. 2; revoked (1.01.2004) by Air Pollution Act 1987 (Environmental Specifications for Petrol And Diesel Fuels) Regulations 2003 (S.I. No. 541 of 2003), reg. 13(2)(b), in effect as per reg. 13(2).
E206
Previous affecting provision: power pursuant to section exercised (30.12.1999) by Air Pollution Act, 1987 (Environmental Specifications for Petrol and Diesel Fuels) Regulations 1999 (S.I. No. 407 of 1999), in effect as per reg. 2; revoked (31.03.2011) by European Communities Act, 1972 (Environmental Specifications for Petrol, Diesel Fuels and Gas Oils for use by non-road mobile machinery, including inland waterway vessels, agricultural and forestry tractors, and recreational craft) Regulations 2011 (S.I. No. 155 of 2011), reg. 19(a), in effect as per reg. 2.
E207
Previous affecting provision: power pursuant to section exercised (1.10.1998) by Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) Regulations 1998 (S.I. No. 118 of 1998), in effect as per reg. 1(2); revoked (31.08.2012) by Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 (S.I. No. 326 of 2012), reg. 13(a), in effect as per reg. 2.
E208
Previous affecting provision: power pursuant to section exercised (13.03.1995) by Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) (Cork) Regulations 1994 (S.I. No. 403 of 1994), in effect as per reg. 1(2); revoked (1.10.1998) by Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) Regulations 1998 (S.I. No. 118 of 1998), reg. 10, in effect as per reg. 1(2).
E209
Previous affecting provision: power pursuant to section exercised (1.10.1994) by Air Pollution Act, 1987 (Sulphur Content of Gas Oil) Regulations 1994 (S.I. No. 256 of 1994), in effect as per reg. 2; revoked (30.01.2001) by Air Pollution Act, 1987 (Sulphur Content of Heavy Fuel Oil and Gas Oil) Regulations 2001 (S.I. No. 13 of 2001), reg. 10, in effect as per reg. 2.
E210
Previous affecting provision: power pursuant to section exercised (19.10.1993) by Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) (Amendment) Regulations 1993 (S.I. No. 297 of 1993); revoked (1.10.1998) by Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) Regulations 1998 (S.I. No. 118 of 1998), reg. 10, in effect as per reg. 1(2).
E211
Previous affecting provision: power pursuant to section exercised (18.10.1993) by Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) (Cork) Regulations 1993 (S.I. No. 294 of 1993), in effect as per reg. 1(2); revoked (13.02.1995) by Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) (Cork) Regulations 1994 (S.I. No. 403 of 1994), reg. 9, in effect as per reg. 1(2).
E212
Previous affecting provision: power pursuant to section exercised (1.11.1992) by Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) Regulations 1992 (S.I. No. 274 of 1992), in effect as per reg. 1(3); revoked (1.10.1998) by Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) Regulations 1998 (S.I. No. 118 of 1998), reg. 10, in effect as per reg. 1(2).
E213
Previous affecting provision: power pursuant to section exercised (1.09.1990) by Air Pollution Act 1987 (Marketing, Sale and Distribution of Fuels) Regulations 1990 (S.I. No. 123 of 1990), in effect as per reg. 1(2); revoked (1.10.1998) by Air Pollution Act 1987 (Marketing, Sale and Distribution of Fuels) Regulations 1998 (S.I. No. 118 of 1998), reg. 10, in effect as per reg. 1(2).
E214
Previous affecting provision: power pursuant to section exercised (1.01.1990) by Air Pollution Act 1987 (Retail Sale of Fuels) Regulations 1989 (S.I. No. 333 of 1989), in effect as per reg. 1(2); revoked (1.09.1990) by Air Pollution Act 1987 (Marketing, Sale and Distribution of Fuels) Regulations 1990 (S.I. No. 123 of 1990), reg. 9, in effect as per reg. 1(2).
E215
Previous affecting provision: power pursuant to section exercised (1.07.1989) by Air Pollution Act 1987 (Sulphur Content of Gas Oil) Regulations 1989 (S.I. No. 168 of 1989), in effect as per reg. 1(2); revoked (1.10.1994) by Air Pollution Act, 1987 (Sulphur Content of Gas Oil) Regulations 1994 (S.I. No. 256 of 1994), reg. 6, in effect as per reg. 2.
PART VI
Miscellaneous
Monitoring of air quality and emissions.
54. — (1) A local authority shall carry out, or cause to be carried out, such monitoring of—
(a) air quality, and
(b) the nature, extent and effects of emissions,
as the local authority may consider necessary for the performance of their functions under this Act or as they may be directed by the Minister to carry out.
(2) A local authority shall keep and maintain. or cause to be kept and maintained, such records of any monitoring carried out under subsection (1) as they consider reasonable and necessary.
(3) A local authority may require the occupier of any premises, other than a private dwelling, from which there is an emission to carry out such monitoring of the nature, extent and effect of the emission and of the air quality as the local authority consider necessary and to keep and to supply to the local authority such records of the monitoring as the local authority consider necessary.
(4) A local authority shall, if so directed by the Minister, supply to him or to any person specified by him at such intervals and in such manner as the Minister may direct records of any monitoring carried out under this section.
(5) Where an air quality standard applies to their functional area or to any part thereof, the local authority shall, in relation to the area of application of the air quality standard, make such arrangements for monitoring as may be necessary so that the local authority can determine if the air quality standard is being complied with.
(6) The Minister may give directions to a local authority in relation to—
(a) the number and location of places within an area at which monitoring is to be carried out,
(b) the manner in which sampling, measuring and analysing for the purposes of this section is to be carried out,
(c) the equipment to be used for the purposes of such sampling, measuring or analysing,
and the local authority shall comply with every such direction of the Minister.
(7) The Minister may monitor, or make such arrangements for the monitoring of, air pollution as seem to him to be necessary or desirable.
Annotations:
Modifications (not altering text):
C39
Application of section modified (27.05.1996) by Environmental Protection Agency (Extension of Powers) Order 1996 (S.I. No. 126 of 1996), art. 10, in effect as per art. 2.
10. The provisions of the Act of 1987 which are specified in the Table hereunder as modified by this Order shall apply (subject to any qualification included in the Table) to the Agency in lieu of the local authority for the purposes of the prevention or limitation, or the remedying of the effects, as the case may be, of air pollution from an activity, other than an activity to which section 99 (2) of the Act applies, in respect of which a licence or revised licence under Part IV of the Act is in force.
Table
Air Pollution Act 1987
Section
Provision or Qualification
7
Subsection (1) for the purpose of the appointment of “authorised persons”.
11
The whole section.
12
The whole section.
13
Subsections (1), (3) and (4).
14
The whole section.
15
The whole section.
16
Paragraphs (a) and (b) of subsection (1) and subsections (2), (3) and (4).
24
The whole section.
26
The whole section.
28
Subsections (4) and (6).
54
Subsections (1), (2), (3) and (4).
11. For the purposes of article 10, a function conferred on a local authority or anything required to be done in relation to a local authority under any of the provisions of the Act of 1987 specified in that article, shall, as the case may be, be exercised by, or done in relation to, the Agency in lieu of the local authority.
12. (1) For the purposes of articles 10 and 11, for references to “local authority” in any of the provisions therein referred to (other than section 13 (1) (b) of the Act of 1987) there shall be substituted the following—
“the Environmental Protection Agency, in the case of an activity in respect of which a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992, is in force, and, in any other case, a local authority”,
and cognate words shall be construed accordingly.
(2) For the purposes of articles 10 and 11, the provisions of the Act of 1987 which are specified in the said articles shall apply as modified in the manner set out in the Second Schedule.
SECOND SCHEDULE
Modifications of the Air Pollution Act, 1987
The provisions of the Air Pollution Act, 1987 as modified for the purposes of article 12 (2) are set out as follows—
… (none relevant to this section)
C40
Application of section modified (1.08.1994) by Environmental Protection Agency (Extension of Powers) Order 1994 (S.I. No. 206 of 1994), art 10, in effect as per art. 2.
10. The provisions of the Act of 1987 which are specified in the Table hereunder as modified by this Order shall apply (subject to any qualification included in the Table) to the Agency in lieu of the local authority for the purposes of the prevention or limitation, or the remedying of the effects, as the case may be, of air pollution from an activity, other than an activity to which section 99 (2) of the Act applies, in respect of which a licence or revised licence under Part IV of the Act is in force.
Table
Air Pollution Act 1987
Section
Provision
7
Subsection (1) for the purpose of the appointment of “authorised persons”.
11
The whole section
12
The whole section
13
Subsections (1), (3) and (4).
14
The whole section
15
The whole section
16
Paragraphs (a) and (b) of subsection (1) and subsections (2), (3) and (4).
24
The whole section
26
The whole section
28
The whole section
28A
Subsections (4) and (6).
54
Subsections (1), (2), (3) and (4).
11. For the purposes of article 10, a function conferred on a local authority or anything required to be done in relation to a local authority under any of the provisions of the Act of 1987 specified in that article, shall, as the case may be, be exercised by, or done in relation to, the Agency in lieu of the local authority.
12. (1) For the purposes of articles 10 and 11, for references to “local authority” in any of the provisions therein referred to (other than section 13 (1) (b) of the Act of 1987) there shall be substituted the following—
“the Environmental Protection Agency, in the case of an activity in respect of which a licence or revised licence under Part IV of the Environmental Protection Agency Act, 1992, is in force, and, in any other case, a local authority”,
and cognate words shall be construed accordingly.
(2) For the purposes of articles 10 and 11, the provisions of the Act of 1987 which are specified in the said articles shall apply as modified in the manner set out in the Second Schedule.
SECOND SCHEDULE
Modifications of the Air Pollution Act, 1987
The provisions of the Air Pollution Act, 1987 as modified for the purposes of article 12 (2) are set out as follows—
… (none relevant to this section).
Editorial Notes:
E216
Previous affecting provision: power pursuant to section exercised (1.12.1993) by Air Pollution Act, 1987 (Municipal Waste Incineration) Regulations 1993 (S.I. No. 347 of 1993); revoked (2.05.2013) by European Union (Waste Incineration Plants and Waste Co-Incineration Plants) Regulations 2013 (S.I. No. 148 of 2013), reg. 25(a).
E217
Previous affecting provision: power pursuant to section exercised (1.10.1992) by Air Pollution Act 1987 (Combustion Plant) Regulations 1992 (S.I. No. 273 of 1992), in effect as per reg. 1(2); revoked (1.10.1996) by Air Pollution Act 1987 (Emission Limit Values for Combustion Plant) Regulations 1996 (S.I. No. 264 of 1996), reg. 8, in effect as per reg. 1(2).
Power of court to authorise works.
55. — (1) If the occupier of any premises is unable, without the consent of some other person, to carry out works which he is required to carry out in order to comply with the provisions of this Act, and such other person withholds his consent to the carrying out of the works, the occupier may apply to the District Court for an order under this section.
(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.
Application of Local Government (Planning and Development) Act, 1963.
56. — (1) Where a licence under this Act is granted in relation to industrial plant and a permission under Part IV of the Local Government (Planning and Development) Act, 1963, has been granted in respect of the same plant, any conditions attached to that permission shall, in so far as they relate in any way to air pollution, cease to have effect.
(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.
Transitional provisions in relation to alkali, etc. work.
57. — (1) The provisions of the Alkali, etc. Works Regulation Act, 1906, in relation to emissions shall, notwithstanding the repeal of that Act by this Act, apply to every relevant work until a licence under this Act is granted in respect of the 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.
Transitional provisions in relation to certain licensable works.
58. — The provisions of section 10 of the Local Government (Sanitary Services) Act, 1962, and of the Control of Atmospheric Pollution, (Licensing) Regulations, 1985, shall, notwithstanding the repeal by this Act of that Act and those regulations, apply to existing industrial plant which is used for the purpose of any trade, works or process within the meaning of those regulations until a licence under this Act is granted in respect of the plant concerned.
Savers.
59. — (1) Nothing in this Act shall legalise any act or default that would, but for this Act, be deemed to be a nuisance, or otherwise be contrary to law, or deprive any person of any remedy to which he would have been entitled if this Act had not been passed.
(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.
FIRST SCHEDULE
Pollutants to which Act Applies
Section 7 .
1. All smoke, gas, aerosols and dust.
2. Without prejudice to the generality of paragraph (1), this Act shall apply in particular to smoke, gas, aerosols and dust consisting of—
(a) sulphur dioxide and other sulphur compounds, or
(b) oxides of nitrogen and other nitrogen compounds, or
(c) carbon monoxide, or
(d) organic compounds, or
(e) heavy metals and their compounds, or
(f) asbestos fibres, glass fibres or mineral fibres, or
(g) chlorine and its compounds, or
(h) fluorine and its compounds.
SECOND SCHEDULE
Section 9.
Part I
Enactments Repealed
Session and Chapter, Number and Year
Short Title
Extent of Repeal
(1)
(2)
(3)
41 & 42 Vict. c. 52
Public Health (Ireland) Act, 1878.
Paragraph 7 of section 107; the words “Any chimney (not being the chimney of a private dwelling house) sending forth black smoke in such quantity as to be a nuisance” in section 107; the second proviso to section 107; the words “also to enforce the provisions of any Act in force within their district requiring fireplaces and furnaces to consume their own smoke” in section 108.
6 Edw. 7. c. 14
Alkali, etc. Works Regulation Act. 1906.
The whole Act.
No. 26 of 1962
Local Government (Sanitary Services) Act, 1962.
Section 10.
No. 28 of 1963
Local Government (Planning and Development) Act, 1963.
Section 56 (1) (c) (iva) (inserted by the Local Government (Planning and Development) Act, 1976), and section 61 (1) (as amended by the Local Government (Planning and Development) Act, 1976), to the extent that those provisions relate to air pollution.
Part II
Statutory Instruments Repealed
S.I. Number and Year
Short Title
Extent of Repeal
(1)
(2)
(3)
S.I. No. 156 of 1970
Control of Atmospheric Pollution Regulations, 1970.
The whole Regulations.
S.I. No. 361 of 1977
The European Communities (Sulphur Content of Gas Oil) Regulations, 1977.
The whole Regulations.
S.I. No. 178 of 1985
Control of Atmospheric Pollution (Licensing) Regulations, 1985.
The whole Regulations.
S.I. No. 326 of 1985
The European Communities (Sulphur Content of Gas Oil) (Amendment) Regulations, 1985.
The whole Regulations.
S.I. No. 378 of 1985
The European Communities (Lead Content of Petrol) Regulations, 1985.
The whole Regulations.
THIRD SCHEDULE
Industrial Processes to which Act Applies
Section 6.
No.
Process
1.
The refining of oil other than operations solely manufacturing lubricants from crude oil.
2.
The generation of electricity in plants with a nominal heat output exceeding 50 MW, other than hydro and nuclear plants.
3.
The raising of steam in plants with a nominal heat output exceeding 50 MW.
4.
The roasting and sintering of metal ores in plants with a capacity of more than 1,000 tonnes per year.
5.
The production of pig iron and crude steel in integrated plants.
6.
The production of ferrous metals in foundries having melting installations with a capacity greater than 5 tonnes.
7.
The production and melting of non-ferrous metals in installations having a capacity greater than 1 tonne for heavy metals or 0.5 tonnes for light metals.
8.
The production of cement.
9.
The production of a compound or alloy of magnesium.
10.
The production of lime in a kiln.
11.
The production of a compound or alloy of manganese.
12.
The production and processing of asbestos.
13.
The manufacture of asbestos-based products.
14.
The manufacture of glass fibre or mineral fibre.
15.
The production of glass (ordinary and special) in plants with a capacity of more than 5,000 tonnes per year.
16.
The manufacture of coarse ceramics including refractory bricks, stoneware pipes, facing and floor bricks and roof tiles.
17.
The manufacture of olefins, derivatives of olefins, monomers and polymers.
18.
The manufacture of organic intermediate products other than those specified at No. 17.
19.
The manufacture of basic inorganic chemicals.
20.
Any chemical process in which any of the following basic inorganic chemicals are used or evolved, that is to say, ammonia, bromine, carbon disulphide, chlorine, fluorine, hydrofluoric acid, hydrogen chloride, hydrogen cyanide, or hydrogen sulphide.
21.
Any chemical process in which mercaptans are used or evolved.
22.
The incineration of solid or liquid wastes.
23.
The manufacture of paper pulp by chemical methods in plants with a capacity greater than 25,000 tonnes per year.
24.
The manufacture of artificial fertilizers.
25.
The extraction of aluminium oxide from an ore and the reaction of aluminium or its alloys with chlorine or its compounds.
26.
The production of tar and bitumen and the manufacture of products containing them.
27.
The extraction or recovery, by burning or by the application of heat, of aluminium, zinc, copper or lead, from any scrap metal or alloy, waste material or residue including scrap or waste cable.
28.
The getting, raising, taking, carrying away and processing (including size reduction, grading and heating) of minerals and the storage of mineral wastes.
29.
The manufacture of pesticides, pharmaceutical products and their intermediates.
30.
The rendering of animal by-products.
Environmental Protection Agency Act
Industrial Emissions Directive.
3C. (1) The amendments of this Act effected by the European Union (Industrial Emissions) Regulations 2013 are made for the purpose of giving effect to the Industrial Emissions Directive.
(2) The Agency shall be the competent authority for the purposes of the Industrial Emissions Directive.
(3) As competent authority for the purposes of the Industrial Emissions Directive, the Agency shall, amongst other things—
(a) keep itself informed of developments in best available techniques and of the publication of any new or updated BAT conclusions and shall make that information publicly available,
(b) maintain such data and information, provide for the supply of data to the Commission of the European Union and undertake such reporting as may be necessary for the proper implementation of relevant Union acts (including compliance with the requirements of Article 72(1) of the Industrial Emissions Directive), and
(c) when requested to do so by the Minister, participate in the Committee to assist the Commission of the European Union on the basis provided for in Article 75 of the Industrial Emissions Directive.]
Annotations
Amendments:
F19
Inserted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 6.
PART V
General Pollution Control
Extension to Agency of certain powers under Local Government (Water Pollution) Act, 1977.
100.—(1) The Minister may, by order, provide that any provision of the Local Government (Water Pollution) Act, 1977, specified in the order shall, to such extent as may be so specified, apply in relation to the Agency.
(2) An order under subsection (1) in relation to a particular provision may provide that—
(a) a function conferred on a local authority or sanitary authority by the provision may, in addition to or in lieu of that authority, be exercised by the Agency,
(b) anything required by the provision to be done in relation to a local authority or a sanitary authority may, in addition to or in lieu of that authority, be done in relation to the Agency,
(c) a reference in the provision to a local authority or to a sanitary authority may include or be substituted by a reference to the Agency.
(3) An order under this section may contain such incidental and consequential provisions as the Minister considers appropriate, including provision for the modification of any provision of the Local Government (Water Pollution) Act, 1977, as it applies in relation to the Agency.
Annotations
Modifications (not altering text):
C47
Term “sanitary authority” construed in relation to water services (31.12.2007) by Water Services Act 2007 (30/2007), s. 39, S.I. No. 846 of 2007, and (1.01.2014) by Water Services (No. 2) Act 2013 (50/2013), s. 7(3), (4), S.I. No. 757 of 2013.
Transfer of functions from sanitary authorities.
39.— All functions assigned to sanitary authorities under any other enactment shall, in so far as they relate to the carrying out by a water services authority of functions in relation to the provision of water services, be deemed to be functions of a water services authority, and all references to a sanitary authority in those acts and related enactments are to be construed accordingly.
…
Transfer of functions from water service authorities to Irish Water
7. ….
(3) All functions of sanitary authorities deemed to be functions of a water services authority under section 39 of the Act of 2007 shall, on the transfer day, be transferred to Irish Water.
(4) References to a sanitary authority in any enactment or instrument under any enactment shall, on and after the transfer day, in so far as they relate to any function transferred by subsection (3), be construed as references to Irish Water.
Editorial Notes:
E331
Power pursuant to section exercised (27.05.1996) by Environmental Protection Agency (Extension of Powers) Order 1996 (S.I. No. 126 of 1996), in effect as per art. 2.
E332
Power pursuant to section exercised (1.08.1994) by Environmental Protection Agency (Extension of Powers) Order 1994 (S.I. No. 206 of 1994), in effect as per art. 2.
Extension to Agency of certain powers under Air Pollution Act, 1987.
101.—(1) The Minister may, by order, provide that any provision of the Air Pollution Act, 1987, specified in the order shall, to such extent as may be so specified, apply in relation to the Agency.
(2) An order under subsection (1) in relation to a particular provision may provide that—
(a) a function conferred on a local authority by the provision may, in addition to or in lieu of that authority, be exercised by the Agency,
(b) anything required by the provision to be done in relation to a local authority may, in addition to or in lieu of that authority, be done in relation to the Agency,
(c) a reference in the provision to a local authority may include or be substituted by a reference to the Agency.
(3) An order under this section may contain such incidental and consequential provisions as the Minister considers appropriate,including provision for the modification of any provision of the Air Pollution Act, 1987, as it applies in relation to the Agency.
Annotations
Editorial Notes:
E333
Power pursuant to section exercised (27.05.1996) by Environmental Protection Agency (Extension of Powers) Order 1996 (S.I. No. 126 of 1996), in effect as per art. 2.
E334
Power pursuant to section exercised (1.08.1994) by Environmental Protection Agency (Extension of Powers) Order 1994 (S.I. No. 206 of 1994), in effect as per art 2.
Management plans.
102.—(1) Without prejudice to the generality of sections 100 and 101, the Minister may, by order, provide that the Agency may make an air quality management plan under section 46 of the Air Pollution Act, 1987 F214[or a waste management plan under section 22 of the Waste Management Act, 1996], or a water quality management plan under section 15 of the Local Government (Water Pollution) Act, 1977.
(2) An order under this section may contain such incidental and consequential provisions as the Minister considers appropriate, including provision for the modification of sections 46, 47 and 48 of the Air Pollution Act, 1987, or section 15 of the Local Government (Water Pollution) Act, 1977 F215[or sections 22, 23 and 25 of the Waste Management Act, 1996,], as they apply in relation to the Agency and in particular—
(i) the procedures to be followed by the Agency in making the plan,
(ii) consultation by the Agency with any local authority concerned in regard to the making of a plan,
(iii) provisions relating to the consent of a local authority before a plan is made,
(iv) provisions for the determination of matters where the Agency considers that the consent of a local authority is unreasonably withheld,
(v) provisions relating to the recovery of the costs of making a plan from the local authorities concerned.
Annotations
Amendments:
F214
Inserted (1.07.1996) by Waste Management Act 1996 (10/1996), s. 68(5)(a), S.I. No. 192 of 1996.
F215
Inserted (1.07.1996) by Waste Management Act 1996 (10/1996), s. 68(5)(b), S.I. No. 192 of 1996.
Emission limit values and quality standards.
103.—(1) The Agency may, at any time, and shall when requested by the Minister to do so, make recommendations to the Minister in relation to—
(a) the specifying of air quality standards under section 50 of the Air Pollution Act, 1987,
(b) the specifying of emission limit values under section 51 of the Air Pollution Act, 1987,
(c) the prescribing of quality standards for waters, trade effluents and sewage effluents and standards in relation to methods of treatment of such effluents, under section 26 of the Local Government (Water Pollution) Act, 1977.
(2) Before making regulations for any of the purposes referred to in subsection (1) the Minister shall have regard to any recommendations made by the Agency pursuant to that subsection.
(3) Recommendations under subsection (1), other than recommendations made at the request of the Minister, shall be published by the Agency.
Special reports and investigations.
104.—(1) The Agency may, and shall when requested by the Minister to do so, investigate the causes and circumstances surrounding any incident of environmental pollution and make a special report on such matter.
(2) (a) The Agency may cause a special report, or part thereof, to be published in such manner as it thinks fit.
(b) Before publication of a special report or part of such report prepared at the request of the Minister, the Agency shall submit such report to the Minister.
(3) The Minister may make regulations on any matter of procedure in relation to the operation of this section.
Inquiries.
105.—(1) (a) The Agency may, where after consultation with the Minister it considers it necessary to do so, arrange for an inquiry to be held into any incident of environmental pollution or any other matter related to environmental protection.
(b) The Minister may direct the Agency to arrange for an inquiry to be held into any specified incident of environmental pollution or any other matter related to environmental protection and the Agency shall comply with any such direction.
(2) The inquiry shall be conducted by a person appointed in that behalf by the Agency in such manner as the person thinks appropriate.
(3) The person conducting the inquiry may, for the purposes of the inquiry—
(a) investigate the circumstances in which the incident of environmental pollution or any other matter related to environmental protection occurred,
(b) enter (on production of the confirmation of his appointment if so demanded by the occupier or person in charge of the premises) at any reasonable time any premises, entry to which appears requisite for the said purposes,
(c) carry out such inspection and examination and do such things and make such enquiries as appear to him to be reasonably necessary for the said purposes and, in particular—
(i) require, by summons, any person to attend as a witness to give evidence,
(ii) require any person to produce such books, papers, other documents and any articles (being in that person’s custody or under his control) which the person conducting the inquiry may consider relevant and retain such books, papers, documents and articles for such time as he may reasonably require them,
(iii) administer or cause to be administered an oath and take evidence under oath.
(4) If a person—
(a) on being duly summoned as a witness before an inquiry without just cause or excuse disobeys the summons,
(b) being in attendance as a witness refuses to take an oath or to make an affirmation when legally required by the person conducting the inquiry to do so, or to produce any documents or articles in his custody or control legally required by the person conducting the inquiry to be produced by him, or to answer any question to which the person conducting the inquiry may legally require an answer,
(c) wilfully gives evidence which is material to the inquiry and which he knows to be false or does not believe to be true,
(d) by act or omission, obstructs or hinders the person conducting the inquiry in the performance of his functions,
(e) fails, neglects or refuses to comply with any requirement provided for under subsection (3) (c) (ii), or
(f) does or omits to do any other thing and if such doing or omission would, if the inquiry had been the High Court, have been contempt of that Court,
the person shall be guilty of an offence.
(5) A statement or admission made by a person before a person conducting an inquiry under this section shall not be admissible in evidence against that person in any criminal proceedings other than proceedings in relation to an offence under subsection (4).
(6) Persons attending as witnesses at the inquiry shall be allowed such expenses to be paid out of moneys available to the Agency as would be allowed to witnesses attending before a court of record and, in case of dispute as to the amount to be allowed, the dispute shall be referred by the person conducting the inquiry to a taxing master of the High Court, who, on request signed by the person conducting the inquiry, shall ascertain and certify the proper amount of the expenses.
(7) The person conducting the inquiry shall make a report to the Agency stating the causes and circumstances of the subject of the inquiry and may add any observations which he thinks right to make.
(8) The Agency may cause the report of a person who conducted an inquiry under this section to be made public at such time and in such manner as it thinks fit.
(9) The Agency may require that all or part of the expenses incurred by the Agency in relation to an inquiry under this section shall be paid in whole or in part by any person who appears to the Agency to be, by reason of any act or default on the part of such person or on the part of any servant or agent of his, responsible in any degree for the subject of the inquiry.
(10) The Agency shall give notice of an inquiry under this section by a notice published in Iris Oifigiúil and in at least one daily newspaper circulating in the State setting out the terms of reference of the inquiry.
(11) The Minister may make regulations for the purposes of this section.
S.I. No. 298/1988 –
Air Pollution Act, 1987 (Authorised Fuel) Regulations, 1988.
AIR POLLUTION ACT, 1987 (AUTHORISED FUEL) REGULATIONS, 1988.
The Minister for the Environment, in exercise of the powers conferred on him by section 10 and section 40 (3) of the Air Pollution Act, 1987 (No. 6 of 1987) hereby makes the following regulations:—
1. These Regulations may be cited as the Air Pollution Act. 1987 (Authorised Fuel) Regulations, 1988.
2. It is hereby declared that the fuel known as Bord na Mona peat briquettes shall be an authorised fuel for the purposes of the Special Control Area (Ballyfermot) Order, 1988 made by the Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin as confirmed with modification by the Special Control Area (Ballyfermot) Order, 1988 (Confirmation) Order, 1988 ( S.I. No. 282 of 1988 ).
GIVEN under the Official Seal of the Minister for the Environment
this 22nd day of November, 1988.
P�?DRAIG FLYNN.
Minister for the Environment.
EXPLANATORY NOTE.
These Regulations declare Bord na Mána peat briquettes to he an authorised fuel for use in the special control area designated in the Special Control Area (Ballyfermot) Order, 1988.
S.I. No. 28/1990 –
Air Pollution Act, 1987 (Emission Limit Value For Use of Asbestos) Regulations, 1990.
AIR POLLUTION ACT, 1987 (EMISSION LIMIT VALUE FOR USE OF ASBESTOS) REGULATIONS, 1990.
In exercise of the powers conferred on the Minister for the Environment by sections 10 and 51 of the Air Pollution Act, 1987 (No. 6 of 1987), which said powers are delegated to me by the Environment (Delegation of Ministerial Functions) Order, 1989 ( S.I. No. 270 of 1989 ), I, MARY HARNEY, Minister of State at the Department of the Environment, hereby make the following Regulations:—
1. (1) These Regulations may be cited as the Air Pollution Act, 1987 , (Emission Limit Value for Use of Asbestos) Regulations, 1990.
(2) These Regulations shall come into operation on the 1st day of March, 1990.
2. In these Regulations:—
“asbestos” means the following fibrous silicates:
—crocidolite (blue asbestos),
—actinolite,
—anthophyllite,
—chrysotile (white asbestos),
—amosite (brown asbestos),
—tremolite;
“raw asbestos” means the product resulting from the primary crushing of asbestos ore;
“use of asbestos” means activities which involve the handling of a quantity of more than 100 kilograms of raw asbestos per year in industrial plant in which the industrial process of
( a ) the production and processing of asbestos, or
( b ) the manufacture of asbestos-based products, is carried on.
3. (1) Subject to sub-articles (2) and (3) of this article, the emission limit value for the concentration of asbestos emitted through discharge ducts into the air during use of asbestos shall be 0.1 milligrams of asbestos per cubic metre of air discharged.
(2) The sampling and analysis methods to be used in determining whether emissions comply with the emission limit value shall be in accordance with the specifications set out in Part B of the Annex to the Council Directive of 19th March, 1987 (No. 87/217/EEC)*, on the prevention and reduction of environmental pollution by asbestos.
*O.J. No. L85/40 of 28th March, 1987.
(3) The emission limit value shall apply with effect from the 30th day of June, 1991 in the case of existing industrial plant and with effect from the 1st day of March, 1990 in any other case.
DATED this 8th day of February, 1990.
MARY HARNEY,
Minister of State at the Department of the
Environment.
EXPLANATORY NOTE.
These Regulations specify an emission limit value for asbestos in the case of industrial plant concerned with the production and processing of asbestos and the manufacture of asbestos-based products.
The Regulations come into force on 1 March, 1990.
S.I. No. 28/1990 –
Air Pollution Act, 1987 (Emission Limit Value For Use of Asbestos) Regulations, 1990.
AIR POLLUTION ACT, 1987 (EMISSION LIMIT VALUE FOR USE OF ASBESTOS) REGULATIONS, 1990.
In exercise of the powers conferred on the Minister for the Environment by sections 10 and 51 of the Air Pollution Act, 1987 (No. 6 of 1987), which said powers are delegated to me by the Environment (Delegation of Ministerial Functions) Order, 1989 ( S.I. No. 270 of 1989 ), I, MARY HARNEY, Minister of State at the Department of the Environment, hereby make the following Regulations:—
1. (1) These Regulations may be cited as the Air Pollution Act, 1987 , (Emission Limit Value for Use of Asbestos) Regulations, 1990.
(2) These Regulations shall come into operation on the 1st day of March, 1990.
2. In these Regulations:—
“asbestos” means the following fibrous silicates:
—crocidolite (blue asbestos),
—actinolite,
—anthophyllite,
—chrysotile (white asbestos),
—amosite (brown asbestos),
—tremolite;
“raw asbestos” means the product resulting from the primary crushing of asbestos ore;
“use of asbestos” means activities which involve the handling of a quantity of more than 100 kilograms of raw asbestos per year in industrial plant in which the industrial process of
( a ) the production and processing of asbestos, or
( b ) the manufacture of asbestos-based products, is carried on.
3. (1) Subject to sub-articles (2) and (3) of this article, the emission limit value for the concentration of asbestos emitted through discharge ducts into the air during use of asbestos shall be 0.1 milligrams of asbestos per cubic metre of air discharged.
(2) The sampling and analysis methods to be used in determining whether emissions comply with the emission limit value shall be in accordance with the specifications set out in Part B of the Annex to the Council Directive of 19th March, 1987 (No. 87/217/EEC)*, on the prevention and reduction of environmental pollution by asbestos.
*O.J. No. L85/40 of 28th March, 1987.
(3) The emission limit value shall apply with effect from the 30th day of June, 1991 in the case of existing industrial plant and with effect from the 1st day of March, 1990 in any other case.
DATED this 8th day of February, 1990.
MARY HARNEY,
Minister of State at the Department of the
Environment.
EXPLANATORY NOTE.
These Regulations specify an emission limit value for asbestos in the case of industrial plant concerned with the production and processing of asbestos and the manufacture of asbestos-based products.
The Regulations come into force on 1 March, 1990.
S.I. No. 58/2009 –
Arsenic, Cadmium, Mercury, Nickel and Polycyclic Aromatic Hydrocarbons In Ambient Air Regulations 2009
ARSENIC, CADMIUM, MERCURY, NICKEL AND POLYCYCLIC AROMATIC HYDROCARBONS IN AMBIENT AIR REGULATIONS 2009
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 20th February, 2009.
The Minister for the Environment, Heritage and Local Government in exercise of the powers conferred on him by sections 10, 20, 21, 46, 47, 49, 50 and 52 of the Air Pollution Act 1987 (No. 6 of 1987) and by sections 6, 53, 54, 56 and 80 of the Environmental Protection Agency Act 1992 (No. 7 of 1992) and for the purpose of giving effect to Council Directive 2004/107/EC relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambientair (1) hereby makes the following Regulations—
Citation
1. These Regulations may be cited as the Arsenic, Cadmium, Mercury, Nickel and Polycyclic Aromatic Hydrocarbons in Ambient Air Regulations 2009.
Entry into Force
2. These Regulations shall come into operation on the 23rd day of February 2009.
Definitions
3. (1) In these Regulations, unless the context otherwise requires—
“the Agency” means the Environmental Protection Agency established under section 19 of the Environmental Protection Agency Act 1992 (No. 7 of 1992);
“CEN” means the European Committee for Standardisation;
“the Commission” means the Commission of the European Communities;
“the Directive” means Council Directive 2004/107/EC relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air (1) ;
“EMEP” means the Co-operative Programme for Monitoring and Evaluation of the Long-range Transmission of Air Pollutants in Europe under the UNECE Convention on Long-range Transboundary Air Pollution;
“Framework Directive 96/62/EC” means Council Directive 96/62/EC (2) on ambient air quality assessment and management;
“the Minister” means the Minister for the Environment, Heritage and Local Government;
“ISO” means the International Organisation for Standardisation;
“zones and agglomerations” mean the zones and agglomerations specified in Schedule VI.
(2) In these Regulations—
(a) any reference to an article or sub-article which is not otherwise identified is a reference to an article or sub-article of these Regulations;
(b) a reference to a schedule or table which is not otherwise identified is a reference to a schedule or table of these Regulations; and
(c) a letter, word, phrase or symbol which has been assigned a meaning by the Directive has that meaning, where the context requires except where otherwise indicated.
Objective
4. The objectives of these Regulations are to—
(a) establish a target value for the concentration of arsenic, cadmium, nickel and benzo(a)pyrene in ambient air in order to avoid, prevent or reduce harmful effects of arsenic, cadmium, nickel and polycyclic aromatic hydrocarbons on human health and the environment as a whole;
(b) ensure, with respect to arsenic, cadmium, nickel and polycyclic aromatic hydrocarbons, that ambient air quality is maintained where it is good and that it is improved in other cases;
(c) determine common methods and criteria for the assessment of concentrations of arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air and of the deposition of arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons; and
(d) ensure that adequate information on concentrations of arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air and on the deposition of arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons is obtained and that it is made available to the public.
Target Values and Assessment Thresholds
5. The target values for concentrations of arsenic, cadmium, nickel and benzo(a)pyrene in ambient air shall be as specified in Schedule I with effect from 31 December 2012.
6. The upper and lower assessment thresholds for arsenic, cadmium, nickel and benzo(a)pyrene in ambient air shall be as specified in Section 1 of Schedule II.
Reference Methods and Data Quality
7. (1) The reference methods for the sampling and analysis of arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air shall be those specified in Sections 1, 2, and 3 of Schedule V.
(2) The reference techniques for measuring the total deposition of arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons shall be those specified in Section 4 of Schedule V.
(3) The reference techniques for air quality modelling shall be those, if any, adopted pursuant to Article 6 of the Directive.
(4) The data quality objectives specified at Section 1 of Schedule IV are provided as a guide to quality assurance.
(5) The requirements specified at Section 2 of Schedule IV shall apply where an air quality model is used for assessment.
(6) The requirement specified at Section 3 of Schedule IV shall apply where objective estimation techniques are used.
(7) The provisions of Section 4 of Schedule IV shall apply where substances are to be analysed in the PM 10 fraction.
Assessment and Review of Air Quality
8. (1) The Agency shall assess ambient air quality with regard to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons throughout the territory of the State under these Regulations.
(2) Following the assessment at sub-article (1) the Agency shall list—
(a) the zones and agglomerations in which the levels of arsenic, cadmium, nickel and benzo(a)pyrene are below the respective target values specified in Schedule I; and
(b) the zones and agglomerations, if any, in which the levels of arsenic, cadmium, nickel and benzo(a)pyrene exceed the respective target values specified in Schedule I.
(3) (a) The Agency shall review, in accordance with the procedure specified in Section 2 of Schedule II, the classification of the zones and agglomerations from time to time and at least every 5 years, or earlier in the event of significant change in activities relevant to concentrations of arsenic, cadmium, nickel and benzo(a)pyrene in ambient air.
(b) Following a review under paragraph (a) the Agency may amend the classifications of zones or agglomerations in accordance with sub-article (2).
Measurement of Ambient Air Concentrations and Deposition Rates
9. (1) The Agency shall at fixed sites located in accordance with the relevant criteria specified in this article and articles 10 to 13, undertake, or cause to be undertaken, such number of measurements of arsenic, cadmium, nickel and benzo(a)pyrene in ambient air, through continuous measurement or by random sampling, as shall be sufficient to enable the levels to be determined in—
(a) zones and agglomerations in which the levels are between the upper and the lower assessment threshold; and
(b) zones and agglomerations in which the levels exceed the upper assessment threshold.
(2) The Agency may supplement the measurements provided for at sub-article (1) by modelling techniques to provide an adequate level of information on ambient air quality.
10. (1) The Agency may use—
(a) a combination of measurements, including indicative measurements, as referred to in Section 1 of Schedule IV, and modelling techniques, to assess ambient air quality in zones and agglomerations where the levels over a representative period, as defined by the Agency, are between the upper and lower assessment thresholds, determined in accordance with Section 2 of Schedule II;
(b) solely modelling or objective estimation techniques to assess ambient air quality in zones and agglomerations where the levels are below the lower assessment threshold, determined in accordance with Section 2 of Schedule II; and
(c) bio-indicators where regional patterns of the impact on ecosystems are to be assessed.
(2) The Agency shall ensure that, for zones and agglomerations within which information from fixed measurement stations is supplemented by information from other sources, such as emission inventories, indicative measurement methods and air quality modelling, the number of fixed measuring stations to be installed and the spatial resolution of other techniques shall be sufficient for the concentrations of air pollutants to be established in accordance with Section 1 of Schedule III and Section 1 of Schedule IV.
11. The Agency shall—
(a) locate sampling points for the measurement of arsenic, cadmium, nickel and benzo(a)pyrene in ambient air in order to assess compliance with the target values in accordance with the criteria set out in Sections 1, 2, 3 and 4 of Schedule III; and
(b) install sampling points in each zone or agglomeration within which measurement is required if fixed measurement is the sole source of data on concentrations within the zone or agglomeration.
12. The Agency shall assess the contribution of benzo(a)pyrene to the overall concentration of polycyclic aromatic hydrocarbons in ambient air, and for this purpose the Agency shall—
(a) at a limited number of sites monitor other relevant polycyclic aromatic hydrocarbons such as, at a minimum, benzo(a)anthracene, benzo(b)fluoranthene, benzo(j)fluoranthene, benzo(k)fluoranthene, indeno(1, 2, 3-cd)pyrene, and dibenz(a,h)anthracene;
(b) select the sites in order to best identify geographical variation and long-term trends in accordance with Sections 1, 2, and 3 of Schedule III; and
(c) co-locate these sites at those for monitoring benzo(a)pyrene under article 11.
13. (1) The Agency shall install, or arrange for the installation of, at least one background sampling point in the State for the indicative measurement in ambient air of arsenic, cadmium, nickel, total gaseous mercury, benzo(a)pyrene and the other polycyclic aromatic hydrocarbons referred to in article 12 and of the total deposition of arsenic, cadmium, mercury, nickel, benzo(a)pyrene and the other polycyclic aromatic hydrocarbons referred to in article 12.
(2) The Agency may measure particulate and gaseous divalent mercury.
(3) The Agency—
(a) may in accordance with any guidelines established under Article 6 of the Directive, by agreement with the relevant authorities in Northern Ireland, install one or more common background sampling points covering neighbouring zones;
(b) shall select the site of each such sampling point in such a manner as to best identify geographical variation and long-term trends and in accordance with Sections 1, 2, and 3 of Schedule III; and
(c) where appropriate, shall coordinate the monitoring with the EMEP monitoring strategy and measurement programme.
Measures to Ensure Compliance with Target Values or to Maintain Good Air Quality
14. (1) The Agency shall—
(a) identify those areas, consisting of zones or agglomerations in whole or in part, drawn up in accordance with article 8(2)(b) where the levels of arsenic, cadmium, nickel and benzo(a)pyrene in ambient air exceed the target values specified in Schedule I;
(b) identify the sources contributing to the exceedance;
(c) notify the exceedances and the sources contributing to the exceedances to the relevant local authority in whose functional area each zone or agglomeration or part of a zone or agglomeration or specified source of the emissions exists or any other statutory body or agency, the discharge of whose functions will be or may be affected by the measures specified under paragraph (d);
(d) specify, in consultation with the local authority, statutory body or agency concerned—
(i) all the measures directed in particular at the dominant sources of emissions to ensure that, as from 31 December 2012, the levels of arsenic, cadmium, nickel and benzo(a)pyrene do not exceed the target values specified in Schedule I; and
(ii) the dates by which such measures shall be taken.
(2) The Agency, the local authority and other statutory body or agency concerned shall implement the measures specified under sub-article (1)(d).
15. (1) The Agency shall—
(a) identify those areas, consisting of zones or agglomerations in whole or in part, drawn up in accordance with article 8(2)(a) where the levels of arsenic, cadmium, nickel and benzo(a)pyrene in ambient air are below the respective target values specified in Schedule I;
(b) identify the sources contributing to the levels;
(c) notify the levels and the sources of the emissions contributing to the levels to the relevant local authority in whose functional area each zone or agglomeration or part of a zone or agglomeration or the specified source of the emissions exists or any other statutory body or agency, the discharge of whose functions will be or may be affected by the measures specified under paragraph (d);
(d) specify, in consultation with the local authority, statutory body or agency concerned—
(i) the measures necessary to ensure that the levels of arsenic, cadmium, nickel and benzo(a)pyrene are maintained below the respective target values specified in Schedule I; and
(ii) the dates by which such measures shall be taken.
(2) The Agency, the local authority and other statutory body or agency concerned shall implement the measures specified under sub-article (1)(d) and shall endeavour to preserve the best ambient air quality compatible with sustainable development.
16. For the purposes of articles 14 and 15 “measures”—
(a) shall not entail disproportionate costs or shall, in the case of industrial installations covered by Directive 96/61/EC (3) , mean the application of BAT as defined by Article 2(11) of that Directive;
(b) may include the powers, functions and duties of—
(i) the Environmental Protection Agency under the Environmental Protection Agency Act 1992 as amended;
(ii) a local authority under the Air Pollution Act 1987 as amended;
(iii) a local authority under the Waste Management Act 1996 as amended;
(iv) a planning authority under the Planning Act 2000 as amended;
(v) a local authority under the Water Pollution Acts 1977 and 1990 as amended;
(vi) the Environmental Protection Agency, local authority or planning authority under regulations made under the above Acts or under any regulations made to give effect to EU Regulations, Directives or Decisions; and
(vii) any other appropriate statutory body or agency under relevant legislation;
(c) shall be coordinated and integrated as appropriate and in so far as possible with plans, programmes and other actions in respect of pollutants which are assessed and managed under regulations, including the Air Quality Standards Regulations 2002 and the Ozone in Ambient Air Regulations 2004, which give effect to the Framework Directive 96/62/EC and related Directives.
Reporting
17. The Agency shall notify to the Minister and the Commission for each calendar year by no later than 30 September of the following year and for the first time for the 2008 calendar year—
(a) in the event of any of the target values in Schedule I being exceeded in any zone or agglomeration—
(i) a list of the zones and agglomerations concerned;
(ii) the areas of exceedance;
(iii) the concentration values assessed;
(iv) the reasons for the exceedance, and in particular, any sources contributing to it; and
(v) the population exposed to such exceedance;
(b) any measures taken pursuant to articles 14 and 15;
(c) all data assessed under articles 8, 9, 10, 11, 12 and 13, unless already reported under Council Decision 97/101/EC (4) of 27 January 1997 establishing a reciprocal exchange of information and data from networks and individual stations measuring ambient air pollution within the Member States.
Public Information
18. (1) The Agency shall take appropriate steps, including the use of the internet, press and other easily accessible media, to ensure that clear and comprehensible information on the ambient air concentrations and deposition rates of arsenic, cadmium, mercury, nickel and benzo(a)pyrene and the other polycyclic aromatic hydrocarbons referred to in article 12 is accessible and is routinely made available to the public and to any appropriate organisations, including environmental organisations, consumer organisations, organisations representing the interests of sensitive populations and other health care organisations considered relevant by the Agency or to any organisation which so requests.
(2) The information referred to in sub-article (1) shall include—
(a) any annual exceedance of the target values for arsenic, cadmium, nickel and benzo(a)pyrene specified in Schedule I;
(b) the reasons for the exceedance and the area to which it applies;
(c) a short assessment in relation to the target value exceeded;
(d) appropriate information regarding effects on health and impact on the environment; and
(e) any measures taken pursuant to articles 14 and 15.
Amendment of Regulations
19. The Air Quality Standards Regulations, 2002 ( S.I. No. 271 of 2002 ) are hereby amended by the substitution of the provisions of ‘Zone C’ of Schedule VI for the provisions of ‘Zone C’ in Schedule 10 of the Air Quality Standards Regulations 2002 and any reference to ‘Schedule 10’ in the Air Quality Standards Regulations, 2002 or to ‘Schedule 10’ of the Air Quality Standards Regulations, 2002 in any other Regulations shall mean ‘Schedule 10 as amended by these Regulations’.
SCHEDULE I TARGET VALUES FOR ARSENIC, CADMIUM, NICKEL AND BENZO(a)PYRENE
Pollutant
Target Value(1)
Arsenic
6 ng/m 3
Cadmium
5 ng/m 3
Nickel
20 ng/m 3
Benzo(a)pyrene
1 ng/m 3
SCHEDULE II
DETERMINATION OF REQUIREMENTS FOR ASSESSMENT OF CONCENTRATIONS OF ARSENIC, CADMIUM, NICKEL AND BENZO(a)PYRENE (B(a)P) IN AMBIENT AIR WITHIN A ZONE OR AGGLOMERATION
1. Upper and lower assessment thresholds
The following upper and lower assessment thresholds will apply:
Arsenic
Cadmium
Nickel
B(a)P
Upper assessment threshold inpercent of the target value
60 %(3.6ng/m 3 )
60 %(3ng/m 3 )
70 %(14ng/m 3 )
60 %(0.6ng/m 3 )
Lower assessment threshold inpercent of the target value
40 %(2.4ng/m 3 )
40 %(2ng/m 3 )
50 %(10ng/m 3 )
40 %(0.4ng/m 3 )
2. Determination of exceedances of upper and lower assessment thresholds
Exceedances of upper and lower assessment thresholds shall be determined on the basis of concentrations during the previous five years where sufficient data are available. An assessment threshold shall be deemed to have been exceeded if it has been exceeded during at least three calendar years out of those previous five years.
Where fewer than five years’ data are available, measurement campaigns of short duration during the period of the year and at locations likely to be typical of the highest pollution levels may be combined with results obtained from information from emission inventories and modelling to determine exceedances of the upper and lower assessment thresholds.
SCHEDULE III LOCATION AND MINIMUM NUMBER OF SAMPLING POINTS FOR THE MEASUREMENT OF CONCENTRATIONS IN AMBIENT AIR AND DEPOSITION RATES
1. Macroscale siting
The sites of sampling points should be selected in such a way as to—
— provide data on the areas within zones and agglomerations where the population is likely to be directly or indirectly exposed to the highest concentrations averaged over a calendar year;
— provide data on levels in other areas within zones and agglomerations which are representative of the exposure of the general population;
— provide data on deposition rates representing the indirect exposure of the population through the food chain.
Sampling points should in general be sited so as to avoid measuring very small micro-environments in their immediate vicinity. As a guideline, a sampling point should be representative of air quality in surrounding areas of no less than 200m 2 at traffic-orientated sites, at least 250m 250m at industrial sites, where feasible, and several square kilometres at urban-background sites.
Where the objective is to assess background levels the sampling site should not be influenced by agglomerations or industrial sites in its vicinity, i.e. sites closer than a few kilometres.
Where contributions from industrial sources are to be assessed, at least one sampling point shall be installed downwind of the source in the nearest residential area. Where the background concentration is not known, an additional sampling point shall be situated within the main wind direction. In particular where article 8(2)b of these Regulations apply, the sampling points should be sited such that the application of BAT can be monitored.
Sampling points should also, where possible, be representative of similar locations not in their immediate vicinity. Where appropriate they should be co-located with sampling points for PM 10 .
2. Microscale siting
The following guidelines should be met as far as practicable—
— the flow around the inlet sampling probe should be unrestricted, without any obstructions affecting the airflow in the vicinity of the sampler (normally some metres away from buildings, balconies, trees and other obstacles and at least 0.5m from the nearest building in the case of sampling points representing air quality at the building line);
— in general, the inlet sampling point should be between 1.5m (the breathing zone) and 4m above the ground; higher positions (up to 8m) may be necessary in some circumstances; higher siting may also be appropriate if the station is representative of a large area;
— the inlet probe should not be positioned in the immediate vicinity of sources in order to avoid direct intake of emissions unmixed with ambient air;
— the sampler’s exhaust outlet should be positioned so that recirculation of exhaust air to the sample inlet is avoided;
— traffic-orientated sampling points should be at least 25 metres from the edge of major junctions and at least 4m from the centre of the nearest traffic lane; inlets should be sited so as to be representative of air quality near the building line;
— for the deposition measurements in rural background areas, the EMEP guidelines and criteria should be applied as far as practicable and where not provided for in the Schedules.
The following factors may also be taken into account—
— interfering sources
— security
— access
— availability of electrical power and telephone communications
— visibility of the site in relation to its surroundings
— safety of the public and operators
— the desirability of co-locating sampling points for different pollutants
— planning requirements.
3. Documentation and review of site selection
The site selection procedures should be fully documented at the classification stage by such means as compass-point photographs of the surrounding area and a detailed map. Sites should be reviewed at regular intervals with repeated documentation to ensure that selection criteria remain valid over time.
4. Criteria for determining numbers of sampling points for fixed measurement of concentrations of arsenic, cadmium, nickel and benzo(a)pyrene in ambient air
The minimum number of sampling points for fixed measurement to assess compliance with target values for the protection of human health in zones and agglomerations where fixed measurement is the sole source of information are specified as follows—
(a) Diffuse sources
Population of agglomeration or zone (thousands)
If maximum concentrations exceed the upper assessment threshold ( 1 )
If maximum concentrations are between the upper and lower assessment thresholds
As, Cd, Ni
B(a)P
As, Cd, Ni
B(a)P
0–749
1
1
1
1
750–1,999
2
2
1
1
2,000–3,749
2
3
1
1
3,750–4,749
3
4
2
2
4,750–5,999
4
5
2
2
6,000
5
5
2
2
( 1 ) To include at least one urban-background station and for benzo(a)pyrene also one traffic-oriented station provided this does not increase the number of sampling points.
(b) Point sources
For the assessment of pollution in the vicinity of point sources, the number of sampling points for fixed measurement should be determined taking into account emission densities, the likely distribution patterns of ambient air pollution and potential exposure of the population.
The sampling points should be sited such that the application of BAT as defined by Article 2(11) of Directive 96/61/EC can be monitored.
SCHEDULE IV DATA QUALITY OBJECTIVES AND REQUIREMENTS FOR AIR QUALITY MODEL
1. Data quality objectives
Benzo(a)pyrene
Arsenic, cadmiumand nickel
Polycyclic aromatic hydro-carbons other than benzo(a) pyrene, total gaseous mercury
Total deposition
Uncertainty:
Fixed and indicative measurements
50%
40%
50%
70%
Modelling
60%
60%
60%
60%
Minimum data capture
90%
90%
90%
90%
Minimum time coverage:
Fixed measurements
33%
50%
Indicative measurements*
14%
14%
14%
33%
(*) Indicative measurement being measurements which are performed at reduced regularity but fulfill the other data quality objectives.
The uncertainty (expressed at a 95% confidence level) of the methods used for the assessment of ambient air concentrations will be evaluated in accordance with the principles of the CEN Guide to the Expression of Uncertainty in Measurement (ENV 13005-1999), the methodology of ISO 5725:1994, and the guidance provided in the CEN Report, ‘Air quality — Approach to uncertainty estimation for ambient air reference measurement methods’ (CR 14377:2002E). The percentages for uncertainty are given for individual measurements, which are averaged over typical sampling times, for a 95% confidence interval. The uncertainty of the measurements should be interpreted as being applicable in the region of the appropriate target value. Fixed and indicative measurements must be evenly distributed over the year in order to avoid skewing of results.
The requirements for minimum data capture and time coverage do not include losses of data due to regular calibration or normal maintenance of the instrumentation. Twenty-four hour sampling is required for the measurement of benzo(a)pyrene and other polycyclic aromatic hydrocarbons. With care, individual samples taken over a period of up to one month can be combined and analysed as a composite sample, provided the method ensures that the samples are stable for that period. The three congeners benzo(b)fluoranthene, benzo(j)fluoranthene, benzo(k)fluoranthene can be difficult to resolve analytically. In such cases they can be reported as sum. Twenty-four hour sampling is also advisable for the measurement of arsenic, cadmium and nickel concentrations. Sampling must be spread evenly over the weekdays and the year. For the measurement of deposition rates, monthly or weekly samples throughout the year are recommended.
The Agency may use wet only instead of bulk sampling if it can demonstrate that the difference between them is within 10%. Deposition rates should generally be given as g/m 2 per day.
The Agency may apply a minimum time coverage lower than indicated in the above data quality objectives table, but not lower than 14% for fixed measurements and 6% for indicative measurements provided that it can demonstrate that the 95% expanded uncertainty for the annual mean, calculated from the data quality objectives in the table according to ISO 11222:2002 — ‘Determination of the uncertainty of the time average of air quality measurements’ will be met.
2. Requirements for air quality models
Where an air quality model is used for assessment, the Agency shall compile references to descriptions of the model and information on the uncertainty. The uncertainty for modelling is defined as the maximum deviation of the measured and calculated concentration levels, over a full year, without taking into account the timing of the events.
3. Requirements for objective estimation techniques
Where objective estimation techniques are used, the uncertainty shall not exceed 100%.
4. Standardisation
For substances to be analysed in the PM 10 fraction, the sampling volume refers to ambient conditions.
SCHEDULE V REFERENCE METHODS FOR ASSESSMENT OF CONCENTRATIONS IN AMBIENT AIR AND DEPOSITION RATES
1. Reference method for the sampling and analysis of arsenic, cadmium and nickel in ambient air
The reference method for the measurement of arsenic, cadmium and nickel concentrations in ambient air shall be as set out in CEN standard EN 14902:2005.
The Agency may also use any other methods which it can demonstrate give results equivalent to the above method.
2. Reference method for the sampling and analysis of polycyclic aromatic hydrocarbons in ambient air
The reference method for the measurement of benzo(a)pyrene concentrations in ambient air shall be as set out in CEN standard EN 15549:2008.
The Agency may use national standard methods or ISO standard methods such as ISO standard 12884 in the absence of a CEN standardised method for the other polycyclic aromatic hydrocarbons referred to in article 12(a).
The Agency may also use any other methods which it can demonstrate give results equivalent to the above methods.
3. Reference method for the sampling and analysis of mercury in ambient air
The reference method for the measurement of total gaseous mercury concentrations in ambient air shall be an automated method based on Atomic Absorption Spectrometry or Atomic Fluorescence Spectrometry.
The Agency may use national standard methods or ISO standard methods in the absence of a CEN standardised method.
The Agency may also use any other methods which it can demonstrate give results equivalent to the above methods.
4. Reference method for the sampling and analysis of the deposition of arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons
The reference method for the sampling of deposited arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons shall be based on the exposition of cylindrical deposit gauges with standardised dimensions.
The Agency may use national standard methods or ISO standard methods in the absence of a CEN standardised method.
SCHEDULE VI ZONES AND AGGLOMERATIONS
Agglomeration A — Dublin Conurbation
The Restricted Area of Dublin, as specified in the First Schedule to the Air Pollution Act 1987 (Marketing, Sale and Distribution of Fuels) Regulations 1998 to 2003.
Zone B — Cork Conurbation
The Restricted Area of Cork, as specified in the First Schedule to the Air Pollution Act 1987 (Marketing, Sale and Distribution of Fuels) Regulations 1998 to 2003.
Zone C — Other Cities and Large Towns
Limerick City and environs comprising the following Electoral Divisions
Abbey A, B, C and D
Ballinacurra A and B
Ballynanty
Castle A, B, C and D
Coolraine
Custom House
Dock A, B, C and D
Farranshone
Galvone A and B
Glentworth A, B and C
John’s A, B and C
Killeely A and B
Market
Prospect A and B
Rathbane
St. Laurence
Shannon A and B
Singland A and B
Ballycummin
Ballysimon
Ballyvarra
Limerick North Rural
Limerick South Rural
Roxborough
Galway City and environs comprising the following Electoral Divisions
Ballybaan
Baile an Bhriotaigh
Bearna
An Caisleán Gearr
Claddagh
Dangan
Eyre Square
An Cnocán Carrach
Lough Atalia
Mionlach
Mervue
Murroogh
Newcastle
Nuns Island
Rahoon
Renmore
Rockbarton
Pariste San Nicoláis
Salthill
Shantalla
Taylors Hill
Wellpark
Waterford City and environs comprising the following Electoral Divisions
Ballybeg North and South
Ballybricken West
Ballymaclode
Ballynakill
Ballynaneashagh
Ballytruckle
Bilberry
Centre A and B
Cleaboy
Custom House A and B
Farranshoneen
Ferrybank
Gracedieu
Grange North and South
Grange Upper
Kilbarry
Kingsmeadow
Larchville
Lisduggan
Military Road
Morrisson’s Avenue East
Morrisson’s Avenue West
Morrisson’s Road
Mount Sion
Newport’s Square
Newtown
Park
Poleberry
Roanmore
Shortcourse
Slievekeale
The Glen
Ticor North and South
Kilculliheen
Aglish
Drogheda and environs comprising the following Electoral Divisions:
Fair Gate; St. Laurence Gate; West Gate; St. Peter’s; and St. Mary’s.
Dundalk and environs comprising the following Electoral Divisions:
Dundalk Urban Nos. 1, 2, 3 and 4; Castletown; Dundalk Rural; and Haggardstown.
Bray and environs comprising the following Electoral Divisions:
Bray Nos. 1, 2, and 3; Rathmichael (Bray); and Kilmacanoge.
Navan and environs comprising the following Electoral Divisions:
Navan Urban and Navan Rural.
Ennis and environs comprising the following Electoral Divisions:
Ennis Nos. 1, 2, 3 and 4 Urban; Clareabbey; Doora; Ennis Rural; and Spancelhill.
Tralee and environs comprising the following Electoral Divisions:
Tralee Urban; Blennerville; and Tralee Rural.
Kilkenny and environs comprising the following Electoral Divisions:
Kilkenny Nos. 1 and 2 Urban; and Kilkenny Rural.
Carlow and environs comprising the following Electoral Divisions:
Carlow Urban; Graigue Urban; Ballinacarrig; Carlow Rural; and Graigue Rural.
Naas comprising the following Electoral Divisions:
Naas Urban.
Sligo and environs comprising the following Electoral Divisions:
Sligo East, North and West; and Knockaree.
Newbridge and environs comprising the following Electoral Divisions:
Droichead Nua (Newbridge) Urban; Droichead Nua (Newbridge) Rural; and Morristownbiller.
Mullingar and environs comprising the following Electoral Divisions:
Mullingar North and South Urban; Mullingar Rural; and Castle.
Wexford and environs comprising the following Electoral Divisions:
Wexford Nos. 1, 2 and 3 Urban; and Wexford Rural.
Letterkenny and environs comprising the following Electoral Divisions:
Letterkenny Urban; Ballymacool; Castlewray; Corravaddy; Edenacarnan; Letterkenny Rural; and Magheraboy.
Athlone and environs comprising the following Electoral Divisions:
Athlone East and West Urban; Athlone East Rural; and Moydrum.
Celbridge and environs comprising the following Electoral Divisions:
Celbridge; and Donaghcumper.
Clonmel and environs comprising the following Electoral Divisions:
Clonmel East and West Urban; Clonmel Rural; and Inishlounaght.
Balbriggan and environs comprising the following Electoral Divisions:
Balbriggan Rural; and Balbriggan Urban.
Zone D — Rural Ireland
Remainder of the State excluding Agglomeration A, and Zones B and C.
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GIVEN under the Official Seal of the Minister for the Environment, Heritage and Local Government,
12 February 2009
JOHN GORMLEY.
Minister for the Environment, Heritage and Local Government.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation)
These Regulations transpose Directive 2004/107/EC relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air into Irish law.
The Regulations specify target values to be attained, from 31 December 2012, for concentrations of arsenic, cadmium, nickel and benzo(a)pyrene (a measurable indicator of the level of polycyclic aromatic hydrocarbons) and also specify monitoring requirements for mercury and other polycyclic aromatic hydrocarbons. There is a requirement on the Environmental Protection Agency to assess the concentrations in the ambient air and deposition rates of the pollutants concerned and to undertake the monitoring necessary for this purpose.
Provision is made for measures considered necessary by the Environmental Protection Agency in consultation with local authorities and other bodies concerned to address exceedances of the target values. However such measures should not involve disproportionate costs. There is also a requirement to ensure that other areas are maintained below the target values and to endeavour to preserve the best ambient air quality compatible with sustainable development.
The Agency is required to send an annual report to the Minister for the Environment, Heritage and Local Government and to the European Commission.
The Regulations also provide for the dissemination of public information, including information on any exceedances of the target values, the reasons for the exceedances, the area(s) in which they occurred and appropriate information regarding effects on health and impact on the environment.
Offences and Penalties
Any person who contravenes a provision of these regulations is guilty of an offence ( section 8 of the Environmental Protection Agency Act 1992 as amended and section 11 of the Air Pollution Act 1987 ). Penalties for such offences range up to €3,000 and 12 months on summary conviction and up to €15 million and 10 years imprisonment on conviction on indictment and are provided for at section 11 of the Air Pollution Act 1987 and section 9 of the EPA Act 1992. Daily fines are also provided for.
Offences and penalties will also arise in relation to contraventions by third parties of any measure identified as being necessary to avoid exceedances of target values and which are statutory requirements under other enactments, some of which are listed at article 16 of these regulations.
The Regulations also rationalise Zones C and D for the purposes of the Air Quality Standards Regulations, 2002 and the Ozone in Ambient Air Regulations, 2004.
(1) O.J. No. L 23/3 of 26 January 2005.
(2) O.J. No. L 296/55 of 21 November 1996 as amended by Regulation No. 1882/2003/EC of the European Parliament and of the Council, O.J. No. L284/1 of 31 October 2003.
(3) O.J. No. L257/26 of 10 October 1996 Directive as last amended by Regulation No. 1882/2003/EC of the European Parliament and of the Council, O.J. No. L284/1 of 31 October 2003.
(4) O.J. No. L35/14 of 5 February 1997 Decision as amended by Commission Decision 2001/752/EC O.J. No. L282/69 of 26 October 2001.
1(1) For the total content in the PM 10 fraction averaged over a calendar year.
S.I. No. 326/2012 –
Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012.
I, PHIL HOGAN, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by sections 10 , 14 and 53 of the Air Pollution Act, 1987 (No. 6 of 1987), hereby make the following Regulations:
Citation
1. These Regulations may be cited as the Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012.
Commencement
2. These Regulations (other than Schedule 2) come into operation on 31st August 2012.
3. Schedule 2 comes into operation on 1 May 2013.
Definitions
4. In these regulations-
a reference to an International Standard or a British Standard is a reference to a standard published by the International Organisation for Standardisation or the British Standards Institution and should be construed as the most current such standard in effect;
“Agency” means the Environmental Protection Agency established under section 19 of the Environmental Protection Agency Act 1992 ;
“Authorised Person” means a person authorised by a local authority under Regulation 10(3);
“Bag” means a receptacle containing a quantity of coal, which is sealable;
“Bagging Operator” means any person or body who or which carries out the business of bagging coal for residential supply within the State;
“Bituminous Coal” means coal falling within CN Code 2701 12 placed on the market for residential heating;
“Owner of a Vehicle” means the person in possession of or, for the time being, in charge of a vehicle, howsoever propelled or drawn and, with respect to a mechanically propelled vehicle, includes the registered owner of the purposes of the Road Vehicles (Registration and Licensing) Regulations 1992-2008;
“Solid Fuel” means any solid substance that is burnt to produce heat and shall include specified fuels;
“Solid Fuel Supplier” means any person or body which, within the State,-
(a) wholesales or distributes bituminous coal, or
(b) retails 50% or more of their total annual sales proceeds from bituminous coal;
“Specified Area” means an area listed under Schedule 1 or Schedule 2 to these Regulations that has been designated by the Minister under section 53 of the Air Pollution Act 1987 for the purpose of prohibiting the marketing, sale, distribution and burning of specified fuels;
“Specified Fuel” means-
(a) any bituminous coal,
(b) any admixture of solid fuel containing bituminous coal,
(c) any manufactured fuel containing bituminous coal where such manufactured fuel contains more than 14% volatile matter by weight on a dry ash-free basis save where such fuel has a smoke emission rate of not more than 10 grams per hour, or
(d) any solid fuel having a sulphur content greater than 2% by weight on a dry ash-free basis.
Prohibition on the Marketing, Sale and Distribution of Specified Fuel within Specified Areas
5. (1) A person or body shall not place on the market, sell or distribute any specified fuel within a specified area.
(2) A person or body shall not place on the market, sell or distribute, within a specified area, any solid fuel in a bag unless—
(a) it is sealed,
(b) there is printed on such bag a notice in the form set out in Schedule 3 to these regulations,
(c) such a person or body holds a record showing that the bagged product is not a specified fuel.
(3) A person or body may store specified fuel at a premises located within a specified area for the purpose of placing on the market or sale at an address outside the specified area provided that a register is maintained in the form set out in Schedule 4 to these Regulations.
(4) A person or body may transport specified fuel within a specified area provided—
(a) that such fuels are so transported on or in a vehicle in a total quantity of not less than 3 metric tonnes in weight at any one time in the case of the specified area of Dublin and not less than 1 metric tone in weight at any one time in the case of any other specified area, and
(b) that such vehicle is not being used at the same time within that specified area for the sale or distribution of any other fuels.
(5) The owner of any vehicle which is used for the transport of specified fuel within a specified area shall retain on the vehicle—
(a) a record of the quantity of each type of specified fuel on the vehicle and the name and address of the person or body who supplied the fuel, and
(b) a record of the destination or destinations of the specified fuel and the name and address of the person or persons purchasing the fuel.
Prohibition on the Burning of Specified Fuel within Specified Areas
6. The occupier of any private dwelling located within a specified area shall not burn at such private dwelling any specified fuel.
Restrictions on the Sale of Bituminous Coal outside Specified Areas
7. (1) A person or body shall not place on the market, sell or distribute bituminous coal in a bag or any other unit of sale outside specified areas unless—
(a) its sulphur content is not greater than 0.7% by weight,
(b) the product was bagged by a bagging operator registered with the Agency,
(c) where the unit of sale is a bag, it is sealed, and
(d) such a person or body holds a current record setting out, inter alia, the registration number issued by the Agency to the bagging operator who supplied the product verifying that the product is compliant with Regulation 5(a) and (b).
Registration
8. (1) All bagging operators supplying bituminous coal for residential use within the State shall:
(a) register with the Agency on an annual basis by 1 September each year in such form as the Agency may specify,
(b) furnish such information as the Agency may reasonably require for the purpose of fulfilling its functions under the Environmental Protection Agency Act, 1992 (Registration of Coal Bagging Operators and Fuel Suppliers) Regulations 2011 ( S.I. No. 271 of 2011 ), and
(c) in cases where a bagging operator ceases to supply bituminous coal for residential use within the State they must inform the Agency within 30 days of cessation of activities.
(2).All fuel suppliers supplying bituminous coal for residential use within the State shall:
(a) register with the Agency and thereafter register every 2 years in such form as the Agency may specify,
(b) if entering the market for the first time after these regulations have come into effect, register with the Agency within 14 days of commencing operations and thereafter register every 2 years in such form as the Agency may specify,
(c) furnish such information as the Agency may reasonably require for the purpose of fulfilling its functions under the Environmental Protection Agency Act, 1992 (Registration of Coal Bagging Operators and Fuel Suppliers) Regulations 2011 ( S.I. No. 271 of 2011 ), and
(d) in cases where a fuel supplier ceases to supply bituminous coal for residential use within the State they must inform the Agency within 30 days of cessation of activities.
Assessment
9. (1) The requirements of Regulation 7(1)(a) shall be satisfied by compliance with:
(a) a relevant standard or code of practice of a national standards body or equivalent body in another EU Member State, an EFTA State or Turkey,
(b) any relevant international standard recognised for use in another EU Member State, an EFTA State or Turkey, or
(c) any relevant technical regulation with mandatory or de facto mandatory application for marketing or use in, another EU Member State, an EFTA State or Turkey
insofar as the standard, code of practice, technical regulation or process in question enables the sulphur content of coal to be certified in an equivalent manner.
(2) The sulphur content of a solid fuel shall be determined by the method for the time being specified in International Standard reference ISO 351.
(3) The gross calorific value shall be determined by the method for the time being specified in International Standard reference ISO 1928 and the moisture level for the purposes of expressing gross calorific value on a moist ash-free basis shall be the level corresponding to moisture holding capacity as determined by the method for the time being specified in International Standard reference ISO 1018.
(4) The volatile matter content shall be determined by the method for the time being specified in International Standard reference ISO 562.
(5) The smoke emission rate of a manufactured fuel shall be determined by the method for the time being specified in British Standard 3841.
(6) The ash content of a solid fuel shall be determined by the method for the time being specified in International Standard reference ISO 1171.
(7) The method to be used for calculating analyses of fuels to different bases shall be the method for the time being specified in International Standard reference ISO 1170.
(8) A laboratory or test facility may carry out any test, examination or analysis of any sample of fuel taken pursuant to these Regulations in accordance with the methods specified in this Regulation.
Enforcement
10. (1) These Regulations shall be enforced by a local authority within its functional area.
(2) Each local authority shall submit annual returns to the Agency, in such form as the Agency may specify, detailing activities relating to the implementation and enforcement of these regulations in their functional areas.
(3) The local authority may authorise in writing any person, hereinafter referred to as an “authorised person”, for the purposes of the enforcement of these Regulations.
(4) An authorised person may be authorised by more than one local authority for the purpose of the enforcement of these Regulations in a Specified Area than spans more than one functional area.
(5) Every authorised person shall be furnished with a certificate of his or her authorisation and when exercising any power provided by or under these Regulations, the authorised person shall, if requested by any person affected, produce the certificate to that person.
(6) An authorised person may, in respect of any vehicle or any premises which, in his or her opinion, is being used in connection with the placing on the market, sale or distribution of solid fuel—
(a) inspect and take samples of any solid fuel on the vehicle or at the premises,
(b) inspect such records or such documents as the authorised person, having regard to all the circumstances, considers necessary for the purposes of these Regulations, or
(c) require from the owner or occupier of the premises or from any other person on the premises, or require from the owner of a vehicle, such information as the authorised person, having regard to all the circumstances, considers necessary for the purposes of these Regulations.
(d) in the cases where the solid fuel is bituminous coal, require from the owner or occupier of the premises or from any other person on the premises, or require from the owner of a vehicle, the registration number issued by the Agency to the bagging operator or fuel supplier that supplied the product.
(7) An authorised person may stop any vehicle which the authorised person reasonably suspects is being used in connection with the placing on the market, sale or distribution of solid fuel for the purpose of inspecting records or inspecting and taking samples of solid fuel.
(8) A person shall not obstruct an authorised person in the exercise of his or her powers under these Regulations or wilfully withhold any information which the authorised person requires.
Evidence
11. (1) Where an authorised person takes a sample of any solid fuel from any vehicle or premises pursuant to these Regulations, the authorised person shall—
(a) forthwith notify an appropriate person that a sample has been so taken and give a receipt in respect of the sample to the appropriate person, and
(b) at the time of taking the sample, attach to the samples container or packaging, as appropriate, a label specifying the date on which the sample was taken and an appropriate identification number for that sample.
(2) In this Regulation “appropriate person” means the owner or occupier of, or any other person who appears for the time being to be in charge of, the premises at which the sample is taken, or the owner of a vehicle from which the sample is taken.
(3) Any evidence given or to be given in respect of any test, examination or analysis of any sample of solid fuel taken pursuant to these Regulations shall identify such sample by reference to its identification number and 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.
Offences
12. A person who contravenes a provision of these Regulations shall be guilty of an offence under section 11 of the Air Pollution Act, 1987 (No. 6 of 1987).
Revocation
13. The following are revoked
(a) The Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) Regulations 1998 ( S.I. No. 118 of 1998 );
(b) The Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) (Amendment) Regulations 2000 ( S.I. No. 278 of 2000 ),
(c) The Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) (Amendment) Regulations 2003 ( S.I. No.111 of 2003 ),
(d) The Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) (Amendment) Regulations 2004 ( S.I. No. 713 of 2004 ),
(e) The Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) (Amendment) Regulations 2011 ( S.I. No. 270 of 2011 ), and
(f) The Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) (Amendment) (No.2) Regulations 2011 ( S.I. No. 714 of 2011 ).
SCHEDULE 1
SPECIFIED AREAS WHERE THE BAN ON THE SALE, MARKETING, DISTRIBUTION AND BURNING OF SPECIFIED FUEL APPLIES
SPECIFIED AREA OF DUBLIN
The city of Dublin.
The county of Dún Laoghaire-Rathdown.
The county of Fingal.
The county of South Dublin.
SPECIFIED AREA OF CORK
The city of Cork together with the included areas in the county of Cork.
The included areas in the county of Cork are:—
The Electoral Divisions of:—
Ballincollig
Bishopstown
Blarney
Caherlag
Carrigaline (Cork Rural)
Carrigrohane Beg
Douglas
Inishkenny
Lehenagh
Monkstown Rural
Monkstown Urban
Ovens
Rathcooney
St. Mary’s
In the Electoral Division of Ballygorman, the townlands of:-
Grange
Killumney
In the Electoral Division of Carrigtohill, the townlands of:-
Ballycurreen
Killacloyne
Killahora
Johnstown
In the Electoral Division of Carrigaline (Kinsale Rural), the townlands of:-
Commeen
Kilnaglery
In the Electoral Division of Kilpatrick, the townland of Knocknalurgan.
In the Electoral Division of Liscleary, the townlands of:-
Ballea
Kilmoney
In the Electoral Division of Matehy, the townlands of:-
Cloghphilip
Cloghroe
Coolflugh
Dromin
Killeen
Loughane East
In the Electoral Division of Riverstown, the townlands of:-
Hermitage
Killacloyne
Killydonoghoe
Riverstown
Sarsfieldscourt
Templeusque
In the Electoral Division of Whitechurch, the townlands of:-
Carhoo
Coolowen
Kilcronan
Monard
Rathpeacon
SPECIFIED AREA OF LIMERICK
The city of Limerick together with the included areas in the county of Limerick and the included areas in the county of Clare.
The included areas in the county of Limerick are:-
The Electoral Divisions of:-
Ballycummin
Limerick South Rural
In the Electoral Division of Ballysimon, the townlands of:-
Ballybrennan
Ballysimon
Ballysimon (Dickson)
Ballysimon (Staunton)
Ballysimon Commons
Coolyhenan
Drombanny
Dromroe
Garryglass
Kilbane
Killonan
Knockananty
Milltown
Newcastle
Newtown
Peafield
Sreelane
Towlerton
In the Electoral Division of Ballyvarra, the townlands of:-
Ballyclogh
Casteltroy
Garraun
Garraunykee
Rivers
Woodstown
In the Electoral Division of Roxborough, the townlands of:-
Bohereen
Ballyclogh
Ballysheedy West
Derrybeg
Derryknockane
Rathurd
Rootiagh
Routagh
Roxborough
The included areas in the county of Clare are:-
The Electoral Division of Ballyglass.
In the Electoral Division of Cappavilla, the townlands of:-
Clooncarhy
Derryfada
Garraun
Gilloge
Strawickeen
SPECIFIED AREA OF GALWAY
The city of Galway together with the included areas in the county of Galway.
The included areas in the county of Galway are:-
The Electoral Divisions of:-
Ballintemple
Barna
Carrowbrowne
Galway Rural
SPECIFIED AREA OF WATERFORD
The city of Waterford together with the included areas in the county of Waterford and the included areas in the county of Kilkenny.
The included areas in the county of Waterford are:-
The Electoral Divisions of:-
Ballynakill
Killoteran
Kilbarry
In the Electoral Division of Faithlegg, the townland of Ballygunnertemple.
In the Electoral Division of Tramore, the townland of Knockeen.
The included areas in the county of Kilkenny are:-
The Electoral Division of Kilculliheen.
In the Electoral Division of Aglish, the townlands of:-
Ballygriffin
Granny
In the Electoral Division of Dunkitt, the townlands of:-
Ballynamona
Blossomhill
Cloone
Dunkitt
Killaspy
Mullinabro
Strangsmill
In the Electoral Division of Rathpatrick, the townlands of:-
Kilmurry
Luffany
Rathpatrick
SPECIFIED AREA OF ARKLOW
The town of Arklow and its environs in the county of Wicklow, comprising the following areas:-
The Electoral Divisions of:-
Arklow No.1 Urban
Arklow No.2 Urban
In the Electoral Division of Kilbride, the townlands of:-
Coolboy
Kilbride
Killiniskyduff
Seabank
In the Electoral Division of Arklow Rural, the townlands of:-
Ballyraine Lower
Ballyraine Middle
Ballyraine Upper
Money Little
SPECIFIED AREA OF ATHLONE
The town of Athlone and its environs in the county of Westmeath and the county of Roscommon, comprising the following areas:-
In the county of Westmeath:-
The Electoral Divisions of:-
Athlone East Urban
Athlone West Urban
Athlone East Rural
Moydrum
In the county of Roscommon:-
The Electoral Division of Athlone West Rural.
SPECIFIED AREA OF BRAY
The town of Bray and its environs in the county of Wicklow, comprising the following areas:-
The Electoral Divisions of-
Bray No.1
Bray No. 2
Bray No. 3
Rathmichael
In the Electoral Division of Kilmacanoge, the townlands of:-
Ballymorris
Ballynamuddagh
Ballywaltrin
Bray Commons
Fassaroe
Giltspur
Hollybrook
Irishtown
Kilbride
Kilcroney
Killarney
Kilruddery Demesne East
Kilruddery Demesne West
Oldcourt
Springfield
Wingfield
SPECIFIED AREA OF CARLOW
The town of Carlow and its environs in the county of Carlow and the county of Laois, comprising the following areas:-
In the county of Carlow:-
The Electoral Divisions of:-
Carlow Urban
Carlow Rural
Graigue Urban
Ballinacarrig
The included area of the administrative county of Laois is:-
The Electoral Division of Graigue Rural.
SPECIFIED AREA OF CELBRIDGE AND LEIXLIP
The towns of Celbridge and Leixlip and their environs in the county of Kildare, comprising the following areas:-
The Electoral Division of Celbridge.
The Electoral Division of Leixlip.
In the Electoral Division of Donaghcumper, the townlands of:-
Backweston Park
Ballymadeer
Ballyoulster
Balscott
Celbridge Abbey
Commons Lower
Commons
Commons Upper
Coneyburrow
Coolfitch
Dangan
Donaghcumper
Elmhall
Loughlinstown
Newtown
Simmonstown
St Wolstans
Stacumny
Stacumny Cottage
Straleek
SPECIFIED AREA OF CLONMEL
The borough of Clonmel and its environs in the county of South Tipperary and the county of Waterford, comprising the following areas:-
In the county of South Tipperary:-
The Electoral Divisions of:-
Clonmel East Urban
Clonmel West Urban
Clonmel Rural
Inishlounaght
In the county of Waterford:-
In the Electoral Division of Kilmacomma, the townlands of-
Kilmacomma
Greenan
In the Electoral Division of St. Marys, the townlands of-
Croan Lower
Croan Upper
Glennagad
Kilgainy Lower
Kilgainy Upper
Knocklucas
Knocknagriffin
Lyranearla
Monacallee
Poulboy
Poulnagunoge
Scrothea East
Scrothea West
Spa
In the Electoral Division of Gurteen, the townlands of-
Tikincor Lower
Tikincor Upper
SPECIFIED AREA OF DROGHEDA
The borough of Drogheda and its environs in the county of Louth and the county of Meath, comprising the following areas:-
In the county of Louth:-
The Electoral Divisions of-
Fair Gate
St. Laurence Gate
St. Mary’s
St. Peter’s
West Gate
In the county of Meath:-
The Electoral Division of St. Mary’s.
In the Electoral Division of Julianstown, the following townlands:-
Betaghstown
Ministown
Ninch
Pilltown
Sevitsland
SPECIFIED AREA OF DUNDALK
The town of Dundalk and its environs in the county of Louth, comprising the following areas:-
The Electoral Divisions of-
Dundalk Urban No.1
Dundalk Urban No.2
Dundalk Urban No.3
Dundalk Urban No.4
Dundalk Rural
Haggardstown
In the electoral Division of Castletown, the townlands of:-
Acarreagh
Balregan
Castletown
Donaghmore
Farrandreg
Newtownbalregan
Stranacarry
Tankardsrock
Tateetra
Thomastown
SPECIFIED AREA OF ENNIS
The town and environs of Ennis in the county of Clare, comprising the following areas:-
The Electoral Divisions of-
Ennis No.1 Urban
Ennis No.2 Urban
Ennis No.3 Urban
Ennis No.4 Urban
Clareabbey
Doora
Ennis Rural
Spancelhill
In the Electoral Division of Templemaley, the townlands of:-
Ballyallia
Ballymulqueeny
Cloonteen
SPECIFIED AREA OF KILKENNY
The borough of Kilkenny and its environs in the county of Kilkenny, comprising the following areas:-
The Electoral Divisions of:-
Kilkenny No.1 Urban
Kilkenny No.2 Urban
Kilkenny Rural
In the Electoral Division of Dunmore, the townlands of:-
Baun
Loughmerans
SPECIFIED AREA OF NAAS AND SALLINS
The towns of Naas and Sallins and their environs in the county of Kildare, comprising the following areas:-
The Electoral Divisions of:-
Naas Urban
Naas Rural
In the Electoral Division of Bodenstown, the townlands of:-
Bodenstown
Castlesize
Sallins
In the Electoral Division of Kill, the townlands of:-
Johnstown
Kerdiffstown
Palmerstown
SPECIFIED AREA OF SLIGO
The borough of Sligo and its environs in the county of Sligo, comprising the following areas:-
The Electoral Divisions of:-
Sligo East
Sligo North
Sligo West
In the Electoral Division of Calry, the townlands of:-
Ballytivnan
Barroe
Carns
Carns (Duke)
Cleaveragh Demesne
Farranacardy
Hazelwood Demesne
Kiltycahill
Rathbraghan
Tonaphubble
In the Electoral Division of Drumcliff East, the townlands of:-
Ballinvoher
Lisnalurg
Shannon Eighter
Shannon Oughter
Teesan
In the Electoral Division of Drumcliff West, the townland of Ballincar.
In the Electoral Division of Kilmacowen, the townlands of:-
Ballydoogan
Ballyfree
Carrowroe
Derrydarragh
Tonafortes
Tullynagracken North
Tullynagracken South
In the Electoral Division of Knockaree, the townlands of:-
Barnasrahy
Cummeen
Drinaghan
Finisklin
Knappagh More
Lissawully
Rathonoragh
Scardan More
SPECIFIED AREA OF TRALEE
The town of Tralee and its environs in the county of Kerry, comprising the following areas:-
The Electoral Division of Tralee Urban.
That part of the Electoral Division of Tralee Rural that lies north of the L-6515.
In the Electoral Division of Ballyseedy, the townlands of:-
Ballingowan
Caherweesheen
Camp
In the Electoral Division of Blennerville, that part of the townlands of Curragraigue and Tonavane that lie north of the N86 and L-6515.
In the Electoral Division of Clogherbrien, the townlands of:-
Ballyenaghty
Bawnboy
Clogherbrien
Kerries East
In the Electoral Division of Doon, the townlands of:-
Garrane
Listellick South
In the Electoral Division of Ratass, the townlands of:-
Ballinorig South
Ballinorig West
Ballybeggan
Dromthacker
SPECIFIED AREA OF WEXFORD
The borough of Wexford and its environs in the county of Wexford, comprising the following areas:-
The Electoral Divisions of:-
Wexford No.1 Urban
Wexford No.2 Urban
Wexford No.3 Urban
Wexford Rural
In the Electoral Division of Ardcavan, the townlands of:-
Ardcavan
Burgess
Craanagam
Crosstown
Ferrybank North
Ferrybank South
Knottown
Tincone
In the Electoral Division of Carrick, the townland of Newtown.
In the Electoral Division of Drinagh, the townlands of:-
Blackhorse
Drinagh North
Drinagh South
Kellystown
Rochestown
Roughmead
Sinnotstown
Starvehall
Whitestown Lower
Whitestown Upper
In the Electoral Division of Rathaspick, the townland of Moorfields.
SCHEDULE 2
SPECIFIED AREAS WHERE THE BAN ON THE SALE, MARKETING, DISTRIBUTION AND BURNING OF SPECIFIED FUEL APPLIES WITH EFFECT FROM 01 MAY 2013
SPECIFIED AREA OF GREYSTONES
The town of Greystones and its environs in the county of Wicklow, comprising the following areas:-
The Electoral Divisions of:-
Greystones
Delgany
In the Electoral Division of Kilcoole, the townlands of:-
Charlesland
Drummin East
Farrankelly
Priestsnewtown
Stilebawn
SPECIFIED AREA OF LETTERKENNY
The town of Letterkenny and its environs in the administrative county of Donegal, comprising the following areas:-
The Electoral Divisions of:-
Letterkenny Urban
Letterkenny Rural
In the Electoral Division of Ballymacool the townlands of:-
Ballyconnelly
Ballymacool
Bomany
Conwal
Creeve Glebe
Creeve (Smith)
Kirkstown
Magheran
Rockhill
Tullygay
In the Electoral Division of Castlewray the townlands of:-
Ardarawer
Ballymaleel
Bogay
Camblestown
Castlebane
Castlewray
Cornagil
Deenystown
Glebe
Greenhill
Kiltoy
Knockybrin
Lanehead
Lisnanees Lower
Lisnanees Upper
Loughnagin
Magheranan
Roughpark
Woodland
In the Electoral Division of Coravaddy the townlands of:-
Carrygally
Coaghmill
Cullion
Lismonaghan
Scribly
Woodpark
In the Electoral Division of Edenacarna the townlands of-
Killyclug
Killylastin
In the Electoral Division of Gortnavern the townlands of:-
Ballaghderg
Coolboy Little
Curraghlea
Ellistrin Little
Fallard (Calhame)
Gorthnavern
In the Electoral Division of Magheraboy the townlands of:-
Dromore
Drumany
SPECIFIED AREA OF MULLINGAR
The town of Mullingar and its environs in the county of Westmeath, comprising the following areas:-
The Electoral Divisions of:-
Mullingar North Urban
Mullingar South Urban
Mullingar Rural
In the Electoral Division of Belvidere, the townlands of:-
Lynn
Srahenry
Tullanisky
In the Electoral Division of Castle, the townlands of:-
Clongawny
Marlinstown
Marlinstown Bog
In the Electoral Division of Hopestown, the townlands of:-
Kilpatrick
Rathcolman
In the Electoral Division of Tullaghan, the townland of Walshestown South.
SPECIFIED AREA OF NAVAN
The town of Navan and its environs in the county of Meath, comprising the following areas:-
The Electoral Divisions of:-
Navan Urban
Navan Rural
In the Electoral Division of Ardbraccan the townlands of:-
Gainstown
Hanlonstown
Liscartan
SPECIFIED AREA OF NEWBRIDGE
The town of Newbridge and its environs in the county of Kildare, comprising the following areas:-
The Electoral Divisions of:-
Droichead Nua (Newbridge) Urban
Morristownbiller
In the Electoral Division of Droichead Nua (Newbridge) Rural, the townlands of:-
Blackrath and Athgarvan
Greatconnell
Walshestown
In the Electoral Division of Ladytown, the townlands of:-
Ladytown
Moortown
Newhall
In the Electoral Division of Oldconnell, the townlands of:-
Littleconnell
Morristown Upper
Oldconnell
Tankardsgarden
SPECIFIED AREA OF PORTLAOISE
The town of Portlaoise and its environs in the county of Laois, comprising the following areas:-
The Electoral Divisions of:-
Portlaoighise (Maryborough) Urban
Portlaoighise (Maryborough) Rural
In the Electoral Division of Borris, the townlands of:-
Ballytegan
Clonreher
Gorteen
Kyleclonhobert
Rathnamanagh
Rossleaghan
In the Electoral Division of Clondarrig, the townlands of:-
Boghlone
Clonboyne
Clonroosk
Clonroosk Little
Pallas Big
In the Electoral division of Kilcolmanbane, the townland of Ballymackan.
In the Electoral Division of Shaen, the townlands of:-
Ballydavis
Derrygarran
SPECIFIED AREA OF WICKLOW AND RATHNEW
The towns of Wicklow and Rathnew and their environs in the county of Wicklow, comprising the following areas:-
The Electoral Division of Wicklow Urban.
In the Electoral Division of Wicklow Rural, the townlands of:-
Ashtown (Arklow Barony)
Ashtown (Newcastle Barony)
Ballybeg
Ballyguile Beg
Ballyguile Mor
Ballynerrin
Ballynerrin Lower
Ballynerrin Upper
Bollarney Murragh
Bollarney North
Broomhall
Burkeen
Commons
Dunbur Head
Dunbur Lower
Glebe
Hawkstown Lower
Hawkstown Upper
Merrymeeting
Knockrobin
Tinakelly
In the Electoral Division of Glenealy, the townlands of:-
Milltown North
Milltown South
Newrath
Rossana Lower
SCHEDULE 3
Form of notice referred to in Regulation 5.2(b)
In letters at least 2 centimetres high and in a form which is clearly legible—
(i) the name and address of the person who packed the bag, and
(ii) “SMOKELESS FUEL — Contents comply with the Air Pollution Act Regulations”.
For the purposes of this Schedule, a reference to the “Air Pollution Act Regulations” shall be construed as a reference to these Regulations.
SCHEDULE 4
Form of register referred to in Regulation 5(3) for the storing of specified fuel in specified areas.
This section to be completed on the last day of every month
Date:
Name of business:
Location of premises:
VAT Registration number:
Quantity of fuel stored at premises (i) Coal:
(ii) Peat:
(iii) Petcoke:
(iv) Other:
This section to be completed on each occasion that specified fuel is transported from the premises
Date of transportation:
Name of person transporting specified fuel:
Address of person transporting specified fuel:
Vehicle registration number used to transport specified fuel:
Type and quantity of specified fuel transported:
Address to which specified fuel was transported:
Owner of premises to which specified fuel was transported:
This form is maintained for the purpose of recording instances of storage and transportation of specified fuel by, or on behalf of, a person or body whose premises is located within a specified area.
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GIVEN under the Official Seal of the Minister for the Environment, Community and Local Government.
31 August 2012.
PHIL HOGAN,
Minister for the Environment, Community and Local Government.
EXPLANATORY NOTE
(This note is not part of the instrument and does not purport to be a legal interpretation.)
These Regulations revoke, and replace with some amendments, the Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) Regulations 1998-2011 relating to the ban on the marketing, sale and distribution of specified bituminous (or ‘smoky’) fuels within specified areas in Dublin, Cork, Limerick, Galway, Waterford, Arklow, Athlone, Bray, Carlow, Celbridge, Clonmel, Drogheda, Dundalk, Ennis, Kilkenny, Leixlip, Naas, Sligo, Tralee and Wexford.
These Regulations introduce a ban on the residential burning of specified bituminous fuels in private dwellings in specified areas to complement the existing ban on the marketing, sale and distribution.
The Regulations extend the Specified Area of Dublin to include the full administrative area of the counties of Dún Laoghaire-Rathdown, Fingal and South Dublin. The Regulations make boundary revisions that enlarge existing specified areas in the cities of Cork, Limerick, Galway and Waterford. The Regulations make further boundary revisions that enlarge existing specified areas in the boroughs/towns of Arklow, Bray, Celbridge, Drogheda, Dundalk, Ennis, Kilkenny, Leixlip, Naas, Sligo, Tralee and Wexford. Celbridge and Leixlip are now merged into a single specified area. The Regulations do not alter the boundaries in the existing specified areas in the boroughs/towns of Athlone, Carlow and Clonmel.
The Regulations also provide for the introduction of the ban on the marketing, sale, distribution and burning of specified bituminous fuels in specified areas of Greystones, Letterkenny, Mullingar, Navan, Newbridge, Portlaoise and Wicklow-Rathnew with effect from 1st May 2013.
The Regulations require that bags of solid fuel sold in specified areas where the ban applies must be sealed and have a printed notice in accordance with Schedule 3.
The Regulations require that all bituminous (‘smoky’) coal supplied for residential heating outside specified areas where the ban applies must have a sulphur content not greater than 0.7%. Coal bagging operators and fuel suppliers who supply smoky coal must register with the Environmental Protection Agency. There is an obligation on those placing smoky coal on the market outside specified areas to hold a record showing that the coal complies with the 0.7% maximum sulphur limit. Bags of smoky coal supplied as a unit of sale must be sealed.
The Regulations are enforced by authorised persons who have been certified by a local authority. An authorised person may hold certification from more than one local authority. Authorised persons may apply fixed payment notices of between €250 and €1,000 for alleged offences under certain provisions of these Regulations, as provided for under section 11 of the Environment (Miscellaneous Provisions) Act 2011 . Failure to pay a fixed payment notice within 21 days may result in prosecution. Section 12 of the Air Pollution Act 1987 provides for fines of up to €5,000 and/or imprisonment for up to six months on summary conviction.
S.I. No. 30/2015 –
Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) (Amendment) Regulations 2015.
I, ALAN KELLY, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by sections 10 , 14 and 53 of the Air Pollution Act, 1987 (No. 6 of 1987), hereby make the following Regulations:
Citation
1. These Regulations may be cited as the Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) (Amendment) Regulations 2015.
Commencement
2. (1) These Regulations (other than Regulations 4(h) and 4(i) come into operation on 21 January 2015.
(2) Regulations 4(h) and 4(i) come into operation on 1 June 2015.
Definitions
3. In these Regulations—
“Regulations of 2012” means the Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 ( S.I. No. 326 of 2012 ).
“Licensed Premises” has the same meaning as it has in the Intoxicating Liquor Act 2008 (No. 17 of 2008);
Amendments to the Regulations of 2012
4. The Regulations of 2012 are amended—
(a) in Regulation 5. (4)(a) by substituting “tonne” for “tone”;
(b) by inserting the following after Regulation 6:
“6A.The occupier of any licensed premises located within a specified area shall not burn at such licensed premises any specified fuel.”;
(c) by substituting the following for Regulation 7. (1)(b)—
“(b) the product was supplied by a bagging operator or solid fuel supplier registered with the Agency,”
(d) by substituting the following for Regulation 7. (1)(d)—
“(d) such a person or body holds a current record setting out, inter alia, the registration number issued by the Agency to the bagging operator and, where appropriate, the solid fuel supplier who supplied the product verifying that the product is compliant with subparagraphs (a) and (b).”
(e) by substituting the following for Regulation 8. (1)(b)—
“(b) furnish such information as the Agency may reasonably require for the purpose of fulfilling its functions in relation to establishing and maintaining a register of bagging operators, and”
(f) in Regulations 8. (2) and 10. (6)(d) by substituting “solid fuel supplier” for “fuel supplier”.
(g) by substituting the following for Regulation 8. (2)(c)—
“(c) furnish such information as the Agency may reasonably require for the purpose of fulfilling its functions in relation to establishing and maintaining a register of solid fuel suppliers.”
(h) in Schedule 1 by substituting the following for the Specified Area of Celbridge and Leixlip:
“SPECIFIED AREA OF CELBRIDGE, LEIXLIP AND MAYNOOTH
The towns of Celbridge, Maynooth and Leixlip and their environs in the county of Kildare, comprising the following areas:—
The Electoral Division of Celbridge.
The Electoral Division of Leixlip.
The Electoral Division of Maynooth.
In the Electoral Division of Donaghcumper, the townlands of:—
BackwestonPark
Ballymadeer
Ballyoulster
Balscott
Celbridge Abbey
Commons Lower
Commons
Commons Upper
Coneyburrow
Coolfitch
Dangan
Donaghcumper
Elmhall
Loughlinstown
Newtown
Simmonstown
St Wolstans
Stacumny
Stacumny Cottage
Straleek”.
(i) in Schedule 1 by substituting of the following for the Specified Area of Wexford:
“SPECIFIED AREA OF WEXFORD
The borough of Wexford and its environs in the county of Wexford, comprising the following areas:—
The Electoral Divisions of:—
Wexford No.1 Urban
Wexford No.2 Urban
Wexford No.3 Urban
Wexford Rural
In the Electoral Division of Ardcavan, the townlands of:—
Ardcavan
Ardcolm
Ballycrane
Ballymartin
Ballytramon
Ballywish
Burgess
Castlebridge
Craanagam
Craanatore
Crosstown
Ferrybank North
Ferrybank South
Glasganny
Glebe
Kilmisten
Knottown
Oldtown
Pollregan
Tincone
In the Electoral Division of Artamon, the townlands of:—
Ballyboggan Lower
Ballyboggan Upper
Ballyregan (Fairyhill)
In the Electoral Division of Carrick, the townland of Newtown.
In the Electoral Division of Drinagh, the townlands of:—
Blackhorse
Drinagh North
Drinagh South
Kellystown
Rochestown
Roughmead
Sinnotstown
Starvehall
Whitestown Lower
Whitestown Upper
In the Electoral Division of Rathaspick, the townland of Moorfields”.
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GIVEN under the Official Seal of the Minister for the Environment, Community and Local Government,
21 January 2015.
ALAN KELLY,
Minister for the Environment, Community and Local Government.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations amend the Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 ( S.I. No. 326 of 2012 ) by correcting typographical errors in Regulations 5. (4), 8. (2) and 10. (6).
These Regulations further clarify Regulation 7 the Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012. All persons selling or distributing bituminous coal outside specified ban areas to end users must ensure that (i) the product has a sulphur content no greater than 0.7%, (ii) that the product was sourced from a bagging operator or solid fuel supplier who is currently registered with the EPA and (iii) must hold a documentary record detailing the EPA issued registration number of the company that supplied the product and this record must be made available on request to authorised persons carrying out inspections. Registers can be viewed online on the EPA website www.epa.ie.
These Regulations extend the ban on the burning of bituminous coal and other specified fuels insidespecified ban areas to include licensed premises under the Intoxicating Liquor Act, such as pubs.
These Regulations also extend the Specified Area of Celbridge-Leixlip with effect from 1 June 2015 to include Maynooth Electoral Division, becoming the specified area of Celbridge, Leixlip and Maynooth.
These Regulations also extend the Specified Area of Wexford, with effect from 1 June 2015, to include Castlebridge and certain other designated townlands.
S.I. No. 633/2015 –
Air Pollution (Fixed Payment Notice) Regulations 2015.
I, ALAN KELLY, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by sections 10 and 12A (inserted by Section 10 of the Environment (Miscellaneous Provisions) Act 2011 (No. 20 of 2011) and as amended by Section 20 of the Environment (Miscellaneous Provisions) Act 2015 (No. 29 of 2015)) of the Air Pollution Act 1987 (No. 6 of 1987)(as adapted by the Environment, Heritage and Local Government (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 193 of 2011 )), hereby make the following Regulations:
Citation
1. These Regulations may be cited as the Air Pollution (Fixed Payment Notice) Regulations 2015.
Commencement
2. These Regulations come into operation on 22 December 2015.
Interpretation
3. In these Regulations “Fuel Regulations” means Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 ( S.I. No. 326 of 2012 ).
Prescribed Form
4. The form set out in the Schedule to these Regulations is prescribed as the form of fixed payment notice for the purposes of sections 12A of the Air Pollution Act 1987 (No. 6 of 1987) as amended.
Revocation
5. The Air Pollution (Fixed Payment Notice) Regulations 2011 ( S.I. No. 713 of 2011 ) are revoked.
SCHEDULE
Fixed Payment Notice in respect of an alleged offence under the Air Pollution Act 1987
Fógra maidir le h�?ocaíochtaí Seasta i leith ciona líomnhaithe faoin Acht um Thruailliú Aeir 1987
Name of local authority/Ainm an údaráis áitiúil: …………..Address of local authority/Seoladh an údaráis áitiúil: ……………………………………To/Go: ………….. [Name/ainm]
It is alleged that you have committed an offence being a relevant offence —
Líomhnaítear go bhfuil cion déanta agat ar cion iomchuí é—
at/i ………….. [place/ait]on/an ………….. 20………….. [date/dáta].
Particulars of the alleged offence, being a relevant offence, are given in column (4) opposite the reference marked “X” in column (1) below.
Tugtar sonraí an chiona líomhnaithe, ar cion iomchuí é, i gcolún (4) os coinne na tagartha atá marcáilte “X” i gcolún (1) thíos.
You may, during the period of 21 days beginning on the date of this notice, make a payment of the amount specified in column (5), opposite the reference marked “X” in column (1) below, accompanied by this notice, to the local authority referred to above at the address referred to above.
Féadfaidh tú, le linn na tréimhse 21 lá dar tosach dáta an fhógra seo, íocaíocht den mhéid a shonraítear i gcolún (5), os coinne na tagartha atá marcáilte “X” i gcolún (1) thíos, agus an fógra seo ag gabháil léi, a dhéanamh leis an údarás áitiúil dá dtagraítear thuas ag an seoladh dá dtagraítear thuas.
You are not obliged to make the payment.
Níl sé d’oibleagáid ort an íocaíocht a dhéanamh.
A prosecution in respect of the alleged offence, being a relevant offence, 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.
Ní thionscnófar ionchúiseamh i leith an chiona líomhnaithe, ar cion iomchuí é, le linn na tréimhse 21 lá dar tosach dáta an fhógra agus, más rud é go n-íocfar an íocaíocht a shonraítear san fhógra le linn na tréimhse sin, ní thionscnófar ionchúiseamh ar bith i leith an chiona sin.
Signed/Arna shíniú: ………….. Authorised person/Duine údaraitheDate/Dáta: ………………………………………….
(1)
(2)
(3)
(4)
(5)
Ref.
No.
Relevant offence
Particulars of alleged offence
Amount
1
Offence under section 11 consisting of a contravention of regulation 5(1) of the Fuel Regulations
€1,000
2
Offence under section 11 consisting of a contravention of regulation 5(2)(a) of the Fuel Regulations
€500
3
Offence under section 11 consisting of a contravention of regulation 5(2)(b) of the Fuel Regulations
€500
4
Offence under section 11 consisting of a contravention of regulation 5(4)(b) of the Fuel Regulations
€500
5
Offence under section 11 consisting of a contravention of regulation 5(5) of the Fuel Regulations
€250
6
Offence under section 11 consisting of a contravention of regulation 7(1)(c) of the Fuel Regulations
€500
7
Offence under section 11 consisting of a contravention of regulation 7(1)(d) of the Fuel Regulations
€250
(1)
(2)
(3)
(4)
(5)
Tag.
Uimhir
An cion iomchuí
Sonraí an chiona líomhnaithe
Méid
1
Cion faoi alt 11 arb éard atá ann sárú ar rialachán 5(1) de na Rialacháin maidir le Breosla
€1,000
2
Cion faoi alt 11 arb éard atá ann sárú ar rialachán 5(2)(a) de na Rialacháin maidir le Breosla
€500
3
Cion faoi alt 11 arb éard atá ann sárú ar rialachán 5(2)(b) de na Rialacháin maidir le Breosla
€500
4
Cion faoi alt 11 arb éard atá ann sárú ar rialachán 5(4)(b) de na Rialacháin maidir le Breosla
€500
5
Cion faoi alt 11 arb éard atá ann sárú ar rialachán 5(5) de na Rialacháin maidir le Breosla
€250
6
Cion faoi alt 11 arb éard atá ann sárú ar rialachán 7(1)(c) de na Rialacháin maidir le Breosla
€500
7
Cion faoi alt 11 arb éard atá ann sárú ar rialachán 7(1)(d) de na Rialacháin maidir le Breosla
€250
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GIVEN under my Official Seal,
22 December 2015.
ALAN KELLY,
Minister for Environment Community and Local Government.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations set out the form to be used by authorised persons when issuing fixed payment notices for breaches of certain provisions of the Air Pollution Act 1987 (Marketing, Sale, Distribution and burning of Fuels) Regulations 2012, relating to the marketing, sale, distribution and burning of certain fuels.
The relevant offences are set out in column 3 of the form in the Schedule to these Regulations.
The fixed payment notice amounts are set out in column 5 of the Schedule to these Regulations.
A prosecution in respect of the alleged offence will not be instituted by a local authority for 21 days after the issuing of a notice.
There is no requirement to pay the fixed payment notice.
If the fixed payment notice is not paid within 21 days then the local authority that issued the notice may institute a prosecution under the Air Pollution Act 1987 in respect of the alleged offence.
A person found guilty of an offence under the Air Pollution Act 1987 , on summary conviction, shall be liable to a class A fine (set at €5,000 at the time these Regulations were signed) or to imprisonment for a term not exceeding six months, or both.
S.I. No. 128/2016 –
Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) (Amendment) Regulations 2016.
I, ALAN KELLY, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by sections 10, 14 (as amended by Section 23 of the Environment (Miscellaneous Provisions) Act 2015 (No. 29 of 2015)), 22F (inserted by Section 24 of that Act) and 53 (as amended by Section 26 of that Act) of the Air Pollution Act 1987 (No. 6 of 1987)(as adapted by the Environment, Heritage and Local Government (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 193 of 2011 )), hereby make the following regulations:
Citation
1. These Regulations may be cited as the Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels)(Amendment) Regulations 2016
Commencement
2. These Regulations come into operation on 8 March 2016.
Definitions
3. In these Regulations, “Regulations of 2012” means the Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 ( S.I. No. 326 of 2012 )
Amendments to the Regulations of 2012
4. The Regulations of 2012 are amended—
(a) in Regulation 4, by the insertion of the following definitions:
‘approved fuel’ means a low smoke solid fuel for which a current certificate of conformity issued by a certification body exists;
‘bagging operator’ means a person or body engaged in the business of bagging or bailing solid fuel;
‘biomass’ means the biodegradable fraction of products, waste and residues from biological origin from agriculture (including vegetal and animal substances), forestry and related industries, including fisheries and aquaculture as well as the biodegradable fraction of industrial and municipal waste;
‘certification body’ means a third-party conformity assessment body accredited to I.S. EN ISO/IEC 17021;
‘low smoke biomass product’ means any solid fuel with a biomass content of at least 30% but less than 100% biomass, for which carbon tax relief for biomass content of solid fuel is sought under Section 82A of the Finance Act 2010 and where such fuel has a smoke emission rate of:
(a) in the period ending 31 August 2018, not more than 7.5 grams per hour;
(b) in the period commencing 1 September 2018, not more than 5 grams per hour;
‘Low smoke solid fuel’ means a solid fuel which contains coal and which is permissible for sale in a Low Smoke Zone,
‘Low Smoke Zone’ has the same meaning as ‘specified area’,
(b) in Regulation 5 by:
the insertion of the following after Regulation 5(5):
“(6) in Regulation 5(2)(c), ‘record’ means a certificate of conformity verifying that the fuel complies with the standards and specifications set out in these Regulations, issued by a certification body following an independent audit by them under Regulation 9A and including the registration number issued by the Agency to the bagging operator
(7) The records to be kept and maintained by suppliers relating to the solid fuel products received, produced, held, delivered and supplied by them shall be sufficient to enable the certification body to determine the sulphur content and the smoke emission rate of the solid fuel products, and include at a minimum, those specified in Schedule 7.”,
(c) the insertion of the following after Regulation 6A:
“6B The occupier of any premises other than a private dwelling located within a specified area shall not burn at such premises any specified fuels for the purpose of space heating.”,
(d) in Regulation 7(1), by the insertion of the following after (d):
“(e) there is printed on such a bag a notice in the form set out in Schedule 5 to these Regulations.”,
(e) in Regulation 7, by the insertion of the following after (1):
“(2) in Regulation 7(1), ‘record’ means a certificate of conformity verifying that the fuel complies with the standards and specifications set out in these Regulations, issued by a certification body following an independent audit by them under Regulation 9A, and including the registration number issued by the Agency to the bagging operator.
(3) The records to be kept and maintained by suppliers relating to the bituminous coal received, produced, held, delivered and supplied by them shall be sufficient to enable the certification body to determine the sulphur content of bituminous coal, and include at a minimum, those specified in Schedule 7.”,
(f) by the insertion of the following Regulation after Regulation 7:
“Identification, marking and records of Low Smoke Biomass Products
7A (1) A person placing on the market, selling or distributing any low smoke biomass product shall hold a current certificate of conformity verifying that the fuel complies with the standards and specifications set out in these Regulations, issued by a certification body following an independent audit by them under Regulation 9A, and including the registration number issued by the Agency to the bagging operator.
(2) The packaging of low smoke biomass products shall have printed on it a notice in the form set out in Schedule 6 to these Regulations.
(3) The records to be kept and maintained by suppliers relating to the biomass products received, produced, held, delivered and supplied by them shall be sufficient to enable the certification body to determine the biomass content of low smoke biomass product, and include at a minimum, those specified in Schedule 7.”,
(g) the insertion of the following Regulation after Regulation 9
“Certification
9A For the purposes of establishing compliance with the standards, specifications and procedures set out in these Regulations, a person or body placing on the market, selling or distributing:
(i) bituminous coal;
(ii) within a specified area, any solid fuel in a bag; or
(iii) low smoke biomass product;
shall be audited on an annual basis by a certification body.”
(h) in Schedule 3 by, the substitution of the following for Schedule 3(ii):
“(ii)(a) in the period up to and including 31 August 2016, either the text “SMOKELESS FUEL — Contents comply with the Air Pollution Act Regulations” or the text “APPROVED FUEL — Contents comply with the Air Pollution Act Regulations.”
(b) in the period after 31 August 2016, the text “APPROVED FUEL — Contents comply with the Air Pollution Act Regulations.”,
(i) by the insertion of the following after Schedule 4—
“Schedule 5
Form of notice referred to in Regulation 7(1)(e)
In a form which is clearly legible on the front of the packaging—
(i) In letters at least 2 centimetres high, the name and address of the person who packed the bag and the text “Contents comply with the Air Pollution Act Regulations”, and
(ii) the text “0.7% SULPHUR COAL”
For the purposes of this Schedule, a reference to the “Air Pollution Act Regulations” shall be construed as a reference to these Regulations.
Schedule 6
Form of notice referred to in Regulation 7A(2) — Mark or Logo requirements for Low Smoke Biomass Product
The notice referred to in Regulation 7A(2) shall:
(I) be:
(i) printed as part of the packaging;
(ii) non-detachable;
(iii) of a minimum height of 80 mm;
(iv) undistorted;
(v) either colour, or black and white, on a contrasting background;
(vi) tamperproof; and
(II) include the following:
(i) The text “50% Biomass” where the biomass content is greater than or equal to 50%, or “30% Biomass” where the biomass content is between 30% and 50%, by weight on a dry matter basis;
(ii) the name of the bagging operator;
(iii) The current EPA Registration Number of the bagging operator in the form “EPA REG No F00XX-0X” supplied by the Environmental Protection Agency;
(iv) Such logo, in such format as may be prescribed pursuant to obtaining a certificate of conformity.
Schedule 7
Records referred to in Regulations 5(7), 7(3) and 7A(3)
(1) Records for traceability and compliance of low smoke biomass product, within the scope of Regulations 5(7), 7(3) and 7A(3) shall be:
(i) kept in appropriate media (e.g. paper and/or electronic form);
(ii) retained for 6 years; and
(iii) stored and/or archived to ensure satisfactory accessibility, legibility, and freedom from corruption or intentional alteration.
(2) The types of records kept shall include, as a minimum, the following:
(a) delivery records for raw materials delivered to the bagger and/or producer, showing:
(i) the as delivered weight;
(ii) the certificate of analysis;
(iii) traceability to certificate of analysis;
(iv) the delivery vehicle licence plate number or ship reference; and
(v) the date of delivery;
(b) calibration and maintenance records for the weighbridges;
(c) calibration and maintenance records for the weighing equipment and check weighing, where used;
(d) records of investigations and timely corrective action following any weighing equipment malfunction or loss of accuracy;
(e) production reports showing the number of bags filled including any bags which were discarded and any coal contained in filled bags which was returned to the stockpile(s);
(f) annual stocktakes of raw materials and bagged coal on year end or nearest working day;
(g) accreditation certificates to I.S. EN ISO/IEC 17025, or equivalent, as carrying out testing to the applicable standard, for all calibration contractors and analytical laboratories which carry out work relevant to the process;
(h) coal treatment records (if any);
(i) sales records for all fuel sold;
(j) market surveillance feedback records (if any);
(k) feedback and complaints records (if any);
(l) production records confirming control parameters (quality) (manufactured biomass product);
(m) records of production runs (duration, product, quantity) (manufactured biomass product).”
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GIVEN under my Official Seal,
8 March 2016.
ALAN KELLY,
Minister for Environment, Community and Local Government.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations amend the Air Pollution Act 1987 (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 ( S.I. No. 326 of 2012 ). They provide for the identification of ‘low smoke’ biomass blend fuels and; the marking to be applied to packaging of these fuels and; the records to be kept by suppliers of biomass products. They also provide for the verification of low smoke biomass products and other low smoke solid fuel products, permitted for sale in Low Smoke Zones, through a requirement to hold a Certificate of Conformity pursuant to an annual audit to NSAI SWiFT 7:2015 Verification of environmental parameters of certain solid fuel supplied to the residential market in Ireland, in addition to the pre-existing requirement for bituminous (‘smoky’) coal.
These regulations fulfil the precondition in Section 82A of the Finance Act 2010 (as inserted by Section 51 of the Finance (No. 2) Act 2013 (which is subject to a Commencement Order by the Minister of Finance)) that the Minister for the Environment, Community and Local Government make such regulations prior to the Revenue Commissioners prescribing a partial relief from carbon tax so as to incentive a shift to cleaner, lower carbon heating fuels.
Coal bagging operators and solid fuel suppliers must already register with the Environmental Protection Agency (S.I. 454 of 2012) for the purposes of ensuring compliance with existing regulations on sulphur content and sealing and labelling of bags (S.I. 326 of 2012).
S.I. No. 347/2016 –
Air Pollution Act (Fixed Payment Notice) (Solvents) Regulations 2016.
I, SIMON COVENEY, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by sections 10 and 12C (inserted by Section 22 of the Environment (Miscellaneous Provisions) Act 2015 (No. 29 of 2015)) of the Air Pollution Act 1987 (No. 6 of 1987)(as adapted by the Environment, Heritage and Local Government (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 193 of 2011 )), hereby make the following Regulations:
Citation
1. These Regulations may be cited as the Air Pollution Act (Fixed Payment Notice) (Solvents) Regulations 2016
Commencement
2. These Regulations come into operation on 28th June 2016.
Interpretation
3. In these Regulations “Solvents Regulations” means European Union (Installations and Activities Using Organic Solvents) Regulations 2012 ( S.I. No. 565 of 2012 )
Prescribed Form
4. The form set out in the Schedule to these Regulations is prescribed as the form of fixed payment notice for the purposes of sections 12C of the Air Pollution Act 1987 as amended.
SCHEDULE
Fixed Payment Notice in respect of an alleged offence under the Air Pollution Act 1987 and the European Union (Installations and Activities Using Organic Solvents) Regulations 2012 (S.I. No. 565/2012)
Fógra maidir le h�?ocaíochtaí Seasta i leith ciona líomhnaithe faoin Acht um Thruailliú Aeir 1987 agus na Rialacháin an Aontais Eorpaigh (Suiteálacha agus Gníomhaíochtaí ina nÚsáidtear Tuaslagóirí Orgánacha), 2012 (I.R. Uimh. 565 de 2012)
Name of local authority/Ainm an údaráis áitiúil: ______________
Address of local authority/Seoladh an údaráis áitiúil: ______________
To/Go: ______________ [Name/ainm]
Address/Seoladh: ______________
It is alleged that you have committed an offence being a relevant offence —
Líomhnaítear go bhfuil cion déanta agat ar cion iomchuí é—
at/i ______________ [place/ait]
on/an ______________ 20______________ [date/dáta].
Particulars of the alleged offence, being a relevant offence, are given in column (4) opposite the reference marked “X” in column (1) below.
Tugtar sonraí an chiona líomhnaithe, ar cion iomchuí é, i gcolún (4) os coinne na tagartha atá marcáilte “X” i gcolún (1) thíos.
You may, during the period of 21 days beginning on the date of this notice, make a payment of the amount specified in column (5), opposite the reference marked “X” in column (1) below, accompanied by this notice, to the local authority referred to above at the address referred to above.
Féadfaidh tú, le linn na tréimhse 21 lá dar tosach dáta an fhógra seo, íocaíocht den mhéid a shonraítear i gcolún (5), os coinne na tagartha atá marcáilte “X” i gcolún (1) thíos, agus an fógra seo ag gabháil léi, a dhéanamh leis an údarás áitiúil dá dtagraítear thuas ag an seoladh dá dtagraítear thuas.
You are not obliged to make the payment.
Níl sé d’oibleagáid ort an íocaíocht a dhéanamh.
A prosecution in respect of the alleged offence, being a relevant offence, 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.
Ní thionscnófar ionchúiseamh i leith an chiona líomhnaithe, ar cion iomchuí é, le linn na tréimhse 21 lá dar tosach dáta an fhógra agus, más rud é go n-íocfar an íocaíocht a shonraítear san fhógra le linn na tréimhse sin, ní thionscnófar ionchúiseamh ar bith i leith an chiona sin.
Signed/Arna shíniú: ______________ Authorised person/Duine údaraithe
Date/Dáta: ______________
(1)
(2)
(3)
(4)
(5)
Ref./ Tag.
No./ Uimhir
Relevant offence/ An cion iomchuí
Particulars of alleged offence/ Sonraí an chiona líomhnaithe
Amount/ Méid
1
Offence under Regulation 26 consisting of a contravention of regulation 8(1) of the Solvents Regulations ( S.I. No. 565 of 2012 ) Cion faoi rialachán 26 arb éard atá ann sárú ar rialachán 8 (1) de na Rialacháin Tuaslagóirí (I.R. Uimh. 565 de 2012)
€500
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GIVEN under my Official Seal,
28 June 2016.
SIMON COVENEY,
Minister for Environment Community and Local Government.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations set out the form to be used by authorised persons when issuing fixed payment notices for breaches of certain provisions of the European Union (Installations and Activities Using Organic Solvents)) Regulations 2012.
The relevant offences are set out in column 3 of the form in the Schedule to these Regulations.
The fixed payment notice amounts are set out in column 5 of the Schedule to these Regulations.
A prosecution in respect of the alleged offence will not be instituted by a local authority for 21 days after the issuing of a notice.
There is no requirement to pay the fixed payment notice.
If the fixed payment notice is not paid within 21 days then the local authority that issued the notice may institute a prosecution under the Air Pollution Act 1987 in respect of the alleged offence.
A person found guilty of an offence under the Air Pollution Act 1987 , on summary conviction, shall be liable to a class A fine (set at €5,000 at the time of these Regulations were signed) or to imprisonment for a term not exceeding six months, or both.
S.I. No. 348/2016 –
Air Pollution Act (Fixed Payment Notice) (Paints) Regulations 2016.
I, SIMON COVENEY , Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by sections 10 and 12B (inserted by Section 21 of the Environment (Miscellaneous Provisions) Act 2015 (No. 29 of 2015)) of the Air Pollution Act 1987 (No. 6 of 1987)(as adapted by the Environment, Heritage and Local Government (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 193 of 2011 )), hereby make the following Regulations:
Citation
1. These Regulations may be cited as the Air Pollution Act (Fixed Payment Notice)(Paints) Regulations 2016
Commencement
2. These Regulations come into operation on 28th June 2016.
Interpretation
3. In these Regulations “Paints Regulations” means European Union (Paints, Varnishes, Vehicle Refinishing Products and Activities) Regulations 2012 ( S.I. No. 564 of 2012 )
Prescribed Form
4. The form set out in the Schedule to these Regulations is prescribed as the form of fixed payment notice for the purposes of sections 12B of the Air Pollution Act 1987 as amended.
SCHEDULE
Fixed Payment Notice in respect of an alleged offence under the Air Pollution Act 1987 and European Union (Paints, Varnishes, Vehicle Refinishing Products and Activities) Regulations 2012 (S.I. No. 564/2012)
Fógra maidir le h�?ocaíochtaí Seasta i leith ciona líomhnaithe faoin Acht um Thruailliú Aeir 1987 agus na Rialacháin an Aontais Eorpaigh (Péinteanna, Vearnaisí, Táirgí agus Gníomhaíochtaí Athbhailchríochnaithe Feithicle), 2012 (I.R. Uimh. 564 de 2012)
Name of local authority/Ainm an údaráis áitiúil: ______________
Address of local authority/Seoladh an údaráis áitiúil: ______________
To/Go: ______________ [Name/ainm]
Address/Seoladh: ______________
It is alleged that you have committed an offence being a relevant offence —
Líomhnaítear go bhfuil cion déanta agat ar cion iomchuí é—
at/i ______________ [place/ait]
on/an ______________ 20______________ [date/dáta].
Particulars of the alleged offence, being a relevant offence, are given in column (4) opposite the reference marked “X” in column (1) below.
Tugtar sonraí an chiona líomhnaithe, ar cion iomchuí é, i gcolún (4) os coinne na tagartha atá marcáilte “X” i gcolún (1) thíos.
You may, during the period of 21 days beginning on the date of this notice, make a payment of the amount specified in column (5), opposite the reference marked “X” in column (1) below, accompanied by this notice, to the local authority referred to above at the address referred to above.
Féadfaidh tú, le linn na tréimhse 21 lá dar tosach dáta an fhógra seo, íocaíocht den mhéid a shonraítear i gcolún (5), os coinne na tagartha atá marcáilte “X” i gcolún (1) thíos, agus an fógra seo ag gabháil léi, a dhéanamh leis an údarás áitiúil dá dtagraítear thuas ag an seoladh dá dtagraítear thuas.
You are not obliged to make the payment.
Níl sé d’oibleagáid ort an íocaíocht a dhéanamh.
A prosecution in respect of the alleged offence, being a relevant offence, 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.
Ní thionscnófar ionchúiseamh i leith an chiona líomhnaithe, ar cion iomchuí é, le linn na tréimhse 21 lá dar tosach dáta an fhógra agus, más rud é go n-íocfar an íocaíocht a shonraítear san fhógra le linn na tréimhse sin, ní thionscnófar ionchúiseamh ar bith i leith an chiona sin.
Signed/Arna shíniú: ______________ Authorised person/Duine údaraithe
Date/Dáta: ______________
(1)
(2)
(3)
(4)
(5)
Ref./ Tag.
No./Uimhir
Relevant offence/ An cion iomchuí
Particulars of alleged offence/ Sonraí an chiona líomhnaithe
Amount/ Méid
1
Offence under Regulation 25 consisting of a contravention of regulation 9(1) of the Paints Regulations ( S.I. No. 564 of 2012 ) Cion faoi Rialachán 25 arb éard atá ann sárú ar rialachán 9(1) de na Rialacháin Péinteanna (I.R. Uimh. 564 de 2012)
€1,000
2
Offence under Regulation 25 consisting of a contravention of regulation 9(2) of the Paints Regulations ( S.I. No. 564 of 2012 ) Cion faoi Rialachán 25 arb éard atá ann sárú ar rialachán 9(2) de na Rialacháin Péinteanna (I.R. Uimh. 564 de 2012)
€1,000
3
Offence under Regulation 25 consisting of a contravention of regulation 13(1) of the Paints Regulations ( S.I. No. 564 of 2012 ) Cion faoi Rialachán 25 arb éard atá ann sárú ar rialachán 13(1) de na Rialacháin Péinteanna (I.R. Uimh. 564 de 2012)
€500
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GIVEN under my Official Seal,
28 June 2016.
SIMON COVENEY,
Minister for the Environment, Community and Local Government.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations set out the form to be used by authorised persons when issuing fixed payment notices for breaches of certain provisions of the European Union (Paints, Varnishes, Vehicle Refinishing Products and Activities) Regulations 2012.
The relevant offences are set out in column 3 of the form in the Schedule to these Regulations.
The fixed payment notice amounts are set out in column 5 of the Schedule to these Regulations.
A prosecution in respect of the alleged offence will not be instituted by a local authority for 21 days after the issuing of a notice.
There is no requirement to pay the fixed payment notice.
If the fixed payment notice is not paid within 21 days then the local authority that issued the notice may institute a prosecution under the Air Pollution Act 1987 in respect of the alleged offence.
A person found guilty of an offence under the Air Pollution Act 1987 , on summary conviction, shall be liable to a class A fine (set at €5,000 at the time of these Regulations were signed) or to imprisonment for a term not exceeding six months, or both.
S.I. No. 659/2016 –
Air Quality Standards (Amendment) and Arsenic, Cadmium, Mercury, Nickel and Polycyclic Aromatic Hydrocarbons in Ambient Air (Amendment) Regulations 2016.
I, DENIS NAUGHTEN, Minister for the Communications, Climate Action & Environment, in exercise of the powers conferred on me by Sections 10 , 20 , 21 , 46 , 47 , 49 , 50 and 52 of the Air Pollution Act 1987 (No. 6 of 1987) and by sections 6 (as amended by Section 8 of the Protection of the Environment Act 2003 (No. 27 of 2003)), 53, 54, 56 and 80 of the Environmental Protection Agency Act 1992 (No. 7 of 1992) and by the Climate Action and Environment (Transfer of Departmental Administration and Ministerial Functions) Order 2016 ( S.I. No. 393 of 2016 (as adapted by the Communications, Energy and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2016 ( S.I. No. 421 of 2016 ) and by Section 3 of the European Communities Act 1972 (No. 27 of 1972), and for the purpose of giving effect to Council Directive 2015/1480/EU1 amending several annexes to Directives 2004/107/EC2 and 2008/50/EC3 of the European Parliament and of the Council laying down the rules concerning reference methods, data validation and location of sampling points for the assessment of ambient air quality, hereby make the following Regulations:
Citation
1. These Regulations may be cited as the Air Quality Standards (Amendment) and Arsenic, Cadmium, Mercury, Nickel and Polycyclic Aromatic Hydrocarbons in Ambient Air (Amendment) Regulations 2016.
Commencement
2. (1) These Regulations shall come into operation on 28th December 2016.
Definitions
3. In these Regulations:
“Regulations of 2009” means the Arsenic, Cadmium, Mercury, Nickel and Polycyclic Aromatic Hydrocarbons in Ambient Air (Amendment) Regulations 2009 ( S.I. No. 58 of 2009 );
“Regulations of 2011” means the Air Quality Standards Regulations 2011. ( S.I. No. 180 of 2011 ).
Amendments to the Regulations of 2009
4. The Regulations of 2009 are amended as follows:
(1) In Part 1 of Schedule IV, by the substitution of the following for the table:
“
‘Benzo(a) pyrene
Arsenic, cadmium and nickel
Polycyclic aromatic hydrocarbons other than benzo(a) pyrene, total gaseous mercury
Total deposition
— Uncertainty
Fixed and indicative measurements
50%
40%
50%
70%
Modelling
60%
60%
60%
60%
— Minimum data capture
90%
90%
90%
90%
— Minimum time coverage
Fixed measurements(1)
33%
50%
Indicative measurements(1) (2)
14%
14%
14%
33%
(1) Distributed over the year to be representative of various conditions for climate and anthropogenic activities
(2) Indicative measurement being measurements which are performed at reduced regularity but fulfil the other data quality objectives”;
(2) In Part 1 of Schedule IV, by the deletion of the following sentence:
“Twenty-four hour sampling is also advisable for the measurement of arsenic, cadmium and nickel concentrations.”;
(3) In Part 1 of Schedule IV, by the insertion of the following paragraph after the paragraph ending ‘For the measurement of deposition rates, monthly or weekly samples throughout the year are recommended.’:
“The provisions on individual samples in the previous paragraph apply also to arsenic, cadmium, nickel and total gaseous mercury. Moreover, sub–sampling of PM10 filters for metals for subsequent analysis is allowed, providing there is evidence that the sub-sample is representative of the whole and that the detection sensitivity is not compromised when compared with the relevant data quality objectives. As an alternative to daily sampling, weekly sampling for metals in PM10 is allowed provided that the collection characteristics are not compromised.”;
(4) By the substitution of the following for Parts 1-4 of Schedule V:
“
1. Reference method for the sampling and analysis of arsenic, cadmium and nickel in ambient air
The reference method for the sampling of arsenic, cadmium and nickel in ambient air is described in EN 12341:2014. The reference method for the measurement of arsenic, cadmium and nickel in ambient air is that described in EN 14902:2005 “Ambient air quality — Standard method for the measurement of Pb, Cd, As and Ni in the PM10 fraction of suspended particulate matter”.
A Member State may also use any other methods which it can demonstrate give results equivalent to the above method.
2. Reference method for the sampling and analysis of polycyclic aromatic hydrocarbons in ambient air
The reference method for the sampling of polycyclic aromatic hydrocarbons in ambient air is described in EN 12341:2014. The reference method for the measurement of benzo(a) pyrene in ambient air is that described in EN 15549:2008 “Air quality — Standard method for the measurement of concentration of benzo[a]pyrene in ambient air”. In the absence of a CEN standard method for the other polycyclic aromatic hydrocarbons referred to in article 12, Member States are allowed to use national standards methods or ISO methods such as ISO standard 12884.
A Member State may also use any other method which it can demonstrate give results equivalent to the above method.
3. Reference method for the sampling and analysis of mercury in ambient air
The reference method for the measurement of total gaseous mercury concentrations in ambient air is that described in EN 15852:2010 “Ambient air quality — Standard method for the determination of total gaseous mercury”.
A Member State may also use any other method which it can demonstrate give results equivalent to the above method.
4. Reference method for the sampling and analysis of the deposition of arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons
The reference method for the determination of the deposition of arsenic, cadmium, and nickel is that described in EN 15841:2009 “Ambient air quality — Standard method for determination of arsenic, cadmium, lead and nickel in atmospheric deposition”.
The reference method for the determination of the deposition of mercury is that described in EN 15853:2010 “Ambient air quality — Standard method for determination of mercury deposition”.
The reference method for the determination of the deposition of benzo(a) pyrene and the other polycyclic hydrocarbons referred to in article 12 is that described in EN 15980:2011 “Air quality. Determination of the deposition of benz[a]anthracene, benzo[b]fluoranthene, benzo[j]fluoranthene, benzo[k]fluoranthene, benzo[a] pyrene, dibenz[a,h]anthracene and indeno[1,2,3-cd]pyrene”.”.
(5)
Amendments to the Regulations of 2011
5. The Regulations of 2011 are amended as follows:
(1) In Schedule 1, by the substitution of the following for Part C:
“C. Quality assurance for ambient air quality assessment. Data validation
1. To ensure accuracy of measurements and compliance with the data quality objectives laid down in Section A, the appropriate competent authorities and bodies designated pursuant to Article 3 shall ensure the following:
(i) that all measurements undertaken in relation to the assessment of ambient air quality pursuant to Articles 6 and 9 are traceable in accordance with the requirements set out in the harmonised standard for testing and calibration laboratories;
(ii) that institutions operating networks and individual stations have an established quality assurance and quality control system which provides for regular maintenance to assure the continued accuracy of measuring devices. The quality system shall be reviewed as necessary and at least every five years by the relevant National Reference Laboratory;
(iii) that a quality assurance/quality control process is established for the process of data collection and reporting and that institutions appointed for this task actively participate, in the related Union-wide quality assurance programmes;
(iv) that the National Reference Laboratories are appointed by the appropriate competent authority or body designated pursuant to Article 3 and are accredited for the reference methods referred to in Schedule 6, at least for those pollutants for which concentrations are above the lower assessment threshold, according to the relevant harmonised standard for testing and calibration laboratories, the reference to which has been published in the Official Journal of the European Union pursuant to Article 2(9) of Regulation (EC) No 765/2008 setting out the requirements for accreditation and market surveillance. These laboratories shall also be responsible for the coordination in Member States territory of the Union-wide quality assurance programmes to be organised by the Commissions Joint Research Centre and shall also be responsible for coordinating, on the national level, the appropriate use of reference methods, and the demonstration of equivalence of non-reference methods. National Reference Laboratories organising intercomparison on the national level should also be accredited according to the relevant harmonised standard for proficiency testing;
(v) that the National Reference Laboratories, take part at least every three years in the Union-wide quality assurance programmes organized by the Commissions Joint Research Centre. If this participation produces unsatisfactory results then the national laboratory should demonstrate at the next participation in the intercomparison satisfactory remediation measures, and provide a report to the Joint Research Centre on these;
(vi) that the national reference laboratories support the work done by the European network of National Reference Laboratories set up by the Commission.
2. All reported data under Article 27 shall be deemed to be valid except data flagged as provisional.”
(2) In Part C of Schedule 3, by the substitution of the following for the first and second indents of paragraph 1:
“— the flow around the inlet sampling probe shall be unrestricted (in general free in an arc of at least 270° or 180° for sampling points at the building line) without any obstructions affecting the airflow in the vicinity of the inlet (normally some metres away from buildings, balconies, trees and other obstacles and at least 0,5 m from the nearest building in the case of sampling points representing air quality at the building line)
— in general, the inlet sampling point shall be between 1,5 m (the breathing zone) and 4 m above the ground. Higher siting may also be appropriate if the station is representative of a large area and any derogations should be fully documented;”;
(3) In Part C of Schedule 3, by the substitution of the following for the fifth indent of paragraph 1:
“— for all pollutants, traffic-orientated sampling probes shall be at least 25 m from the edge of major junctions and no more than 10 m from the kerbside. A “major junction” to be considered here is a junction which interrupts the traffic flow and causes different emissions (stop&go) from the rest of the road.”
(4) In Part C of Schedule 3, by the addition of the following paragraph after the text “planning requirements”:
“Any deviation from the criteria listed in this Section shall be fully documented through the procedures described in Section D.”
(5) In Schedule 3, by the substitution of the following for Section D:
“D. Documentation and review of site selection
The competent authorities responsible for air quality assessment shall for all zones and agglomerations fully document the site-selection procedures and record information to support the network design and choice of location for all monitoring sites. The documentation shall include compass-point photographs of the area surrounding monitoring sites and detailed maps. Where supplementary methods are used within a zone or agglomeration, the documentation shall include details of these methods and information on how the criteria listed in Article 7(3) are met. The documentation shall be updated as necessary and reviewed at least every 5 years, to ensure that selection criteria, network design and monitoring site locations remain valid and optimal over time. The documentation shall be provided to the Commission within 3 months of being requested.”
(6) In Schedule 6, by the substitution of the following for Section A:
“A. Reference methods for the assessment of concentrations of sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter (PM10 and PM2.5), lead, benzene, carbon monoxide and ozone
1. Reference method for the measurement of sulphur dioxide
The reference method for the measurement of sulphur dioxide is that described in EN 14212:2012 “Ambient air — Standard method for the measurement of the concentration of sulphur dioxide by ultraviolet fluorescence”.
2. Reference method for the measurement of nitrogen dioxide and oxides of nitrogen
The reference method for the measurement of nitrogen dioxide and oxides of nitrogen is that described in EN 14211:2012 “Ambient air — Standard method for the measurement of the concentration of nitrogen dioxide and nitrogen monoxide by chemiluminescence”.
3. Reference method for the sampling and measurement of lead
The reference method for the sampling of lead is that described in Section A(4) of this Schedule. The reference method for the measurement of lead is that described in EN 14902:2005 “Standard method for measurement of Pb/Cd/As/Ni in the PM10 fraction of suspended particulate matter”.
4. Reference method for the sampling and measurement of PM10
The reference method for the sampling and measurement of PM10 is that described in EN12341:2014 “Ambient Air — standard gravimetric measurement method for the determination of the PM10 or PM2.5 mass concentration of suspended particulate matter”.
5. Reference method for the sampling and measurement of PM2.5
The reference method for the sampling and measurement of PM2.5 is that described in EN12341:2014 “Ambient Air — standard gravimetric measurement method for the determination of the PM10 or PM2,5 mass concentration of suspended particulate matter”
6. Reference method for the sampling and measurement of benzene
The reference method for the measurement of benzene is that described in EN 14662:2005, parts 1, 2 and 3 ‘Ambient air quality — Standard method for measurement of benzene concentrations’.
7. Reference method for the measurement of carbon monoxide
The reference method for the measurement of carbon monoxide is that described in EN 14626:2012 “Ambient air — Standard method for the measurement of the concentration of carbon monoxide by non-dispersive infrared spectroscopy”.
8. Reference method for measurement of ozone
The reference method for the measurement of ozone is that described in EN 14625:2012 “Ambient air — Standard method for the measurement of the concentration of ozone by ultraviolet photometry”.”
(7) In Schedule 6, by the deletion of Section D;
(8) In Schedule 6, by the substitution of the following for Section E:
“E. Mutual recognition of data
When demonstrating that equipment meets the performance requirements of the reference methods listed in Section A of this Schedule, the competent authorities and bodies designated pursuant to Article 3 shall accept test reports issued in other Member States provided that the test laboratories are accredited to the relevant harmonised standard for testing and calibration laboratories.
The detailed test reports and all the results of the tests shall be available to other competent authorities or their designated bodies. Test reports shall demonstrate that the equipment meets all the performance requirements including where some environmental and site conditions are specific to a Member State and are outside the conditions for which the equipment has been already tested and type approved in another Member State;”
(9) In Schedule 9, by the substitution of the following for Section A:
“A. Minimum number of sampling points for fixed measurements of concentrations of ozone
Minimum number of sampling points for fixed continuous measurements to assess compliance with target values, long — term objectives and information and alert thresholds where such measurements are the sole source of information.
Population ( 1000)
Agglomeration(1)
Other zones(1)
Rural background
<250
1
1 station/50000 km2 as an average density over all zones per country(2)
<500
1
2
<1000
2
2
<1500
3
3
<2000
3
4
<2750
4
5
<3750
5
6
>3750
One additional station per 2 million inhabitants
One additional station per 2 million inhabitants
(1) At least 1 station in areas where exposure of the population to the highest concentrations of ozone is likely to occur. In agglomerations, at least 50 % of the stations shall be located in suburban areas.
(2) 1 station per 25 000 km2 for complex terrain is recommended.”
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Given under my Official Seal,
28 December 2016.
DENIS NAUGHTEN,
Minister for Communications Climate Action and Environment.
EXPLANATORY NOTE
(This note is not part of the instrument and does not purport to be a legal interpretation.)
These Regulations transpose Commission Directive (EU) 2015/1480 of 28 August 2015 amending several annexes to Directives 2004/107/EC and 2008/50/EC of the European Parliament and of the Council laying down the rules concerning reference methods, data validation and location of sampling points for the assessment of ambient air quality.
In so doing, they amend the Arsenic, Cadmium, Mercury, Nickel and Polycyclic Aromatic Hydrocarbons in Ambient Air Regulations 2009 ( S.I. No. 58 of 2009 ) and Air Quality Standards Regulations 2011( S.I. No. 180 of 2011 ) respectively, which transposed the earlier Directives.
1 OJ L 226, 29.8.2015
2 OJ L 23, 26.1.2005
3 OJ L 152, 11.6.2008
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S.I. No. 260/2020 –
Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) (Amendment) Regulations 2020
I, Eamon Ryan, Minister for Communications, Climate Action and Environment in exercise of the powers conferred on the Minister for the Environment and Local Government by sections 10 , 14 and 53 of the Air Pollution Act 1987 (No. 6 of 1987)(as amended), hereby make the following Regulations:—
Citation
1. These Regulations may be cited as the Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) (Amendment) Regulations 2020.
Commencement
2. These Regulations come into operation on 1 September 2020.
Amendment to 2012 Regulations
3. Schedule 1 of the Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 ( S.I. No. 326 of 2012 )(as amended) is hereby amended by the addition of the following townlands in the Specified Area of Cork:—
In the Electoral Division of Carrigtwohill, the townlands of: —
Anngrove
Ballyadam
Ballynabointra
Ballyrichard Beg
Ballyrichard More
Barryscourt
Burgesland
Carhoo
Carrigane
Carrigtwohill
Clyduff
Fahydorgan
Garrancloyne
Gortagousta
Gortnamucky
Kilcurfin Glebe
Labaun
Lysaghtstown
Poulaniska
Rossmore
Terry’s-Land
Tullagreen
Water-Rock
Woodstock
4. Schedule 2 of the Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 ( S.I. No. 326 of 2012 )(as amended) is hereby amended by the addition of the following:—
SPECIFIED AREAS WHERE THE BAN ON THE SALE, MARKETING, DISTRIBUTION AND BURNING OF SPECIFIED FUELS APPLIES WITH EFFECT FROM 01 SEPTEMBER 2020
SPECIFIED AREA OF ASHBOURNE
The town of Ashbourne and its environs in the county of Meath, comprising the following areas: —
In the Electoral Division of Kilbrew, the townlands of: —
Allcollege
Ballybin
Ballyhack
Blackwater
Bodeen
Cookstown
Coolfore
Crakenstown
Crickstown
Hammondtown
Irishtown
Kilbrew (Ratoath by)
Kilbrew (Skreen by)
Knavinstown
Loughlinstown
Primatestown
Rath
Sutherland
Yellowshar
In the Electoral Division of Ratoath, the townlands of: —
Baltrasna
Harlockstown
Raystown
In the Electoral Division of Donaghmore, the townlands of: —
Archerstown
Ballaghaweary
Ballymacarney
Baytown
Baytown (part of)
Bullstown
Dardistown
Donaghmore
Dunreagh
Fleenstown Great
Fleenstown Little
Greenoge
Irishtown
Johnstown
Killegland
Mabestown
Masspool
Milltown
Milltown (part of)
Muckerstown
Newtown Commons
Rath
Robertsown
Wotton
SPECIFIED AREA OF BALLINA
The town of Ballina and its environs in the county of Mayo, comprising the following areas: —
The Electoral Divisions of: —
Ballina Urban
Ardnaree South Urban
In the Electoral Division of Ballina Rural, the townlands of: —
Ardoughan
Behybaun
Belleek
Commons
Gorteen
Kilmoremoy
Knocklehaugh
Laghtadawannagh
Rahans
In the Electoral Division of Ardnaree South Rural, the townlands of: —
Ardnaree or Shanaghy
Carrowcushlawn
Knocknalyre or Downhill
Quignalecka
Abbeyhalfquarter
In the Electoral Division of Ardnaree North, the townland of: —
Quicknamanger
SPECIFIED AREA OF CASTLEBAR
The town of Castlebar and its environs in the county of Mayo, comprising the following areas: —
The Electoral Division of: —
Castlebar Urban
In the Electoral Division of Castlebar Rural, the townlands of: —
Aghadrinagh
Annalecka
Ballynaboll North
Ballynaboll South
Baloor
Carrowbrinoge
Carrowncurry
Cloonagh
Coarsepark
Corradrish
Curragh
Derreenmanus
Drumconlan
Drumnacarta
Garryduff
Knockacroghery
Knockaphunta
Knockrawer
Knockthomas
Lisnageeha/Antigua
Lisnakirka/Milebush
Moneenbradagh
Newantrim
Rathbawn
Rinshinna
Saleen
Snugborough
Springfield
Tawnycoolawee
Tullycommons
In the Electoral Division of Breaghwy, the townlands of: —
Doogary
Drumaleheen
Kilkenny
SPECIFIED AREA OF CAVAN TOWN
The town of Cavan and its environs in the county of Cavan, comprising the following areas: —
The Electoral Division of: —
Cavan Urban
In the Electoral Division of Cavan Rural, the townlands of: —
Annagelliff
Billis (Loughtee Upper By)
Burgessacre
Carrickane
Cullies (Loughtee Upper By)
Creighan
Drumalee (Loughtee Upper By)
Drumavanagh
Drumelis
Drumkeen (Loughtee Upper By)
Drumlark
Keadew
Killygarry
Kilnavara
Killynebber
Latt
Lisdaran
Part of Drumalee (Loughtee Upper By)
Part of Kinnypottle
Pollamore Far
Pollamore Near
Rosscolgan
Stragelliff
Swellan Lower
Swellan Upper
Tirquin
Tullymongan Upper
SPECIFIED AREA OF COBH
The town of Cobh and its environs in the county of Cork, comprising the following areas: —
The Electoral Division of:—
Cobh Urban
In the Electoral Division of Cobh Rural, the townlands of: —
Ashgrove
Ballybrassil
Ballydaniel Beg
Ballydaniel More
Ballydulea
Ballyellane
Ballyhetterick
Ballyleary
Ballymore
Ballynacrusha
Ballynatra
Ballynoe
Ballyvoloon
Ballywilliam
Belgrove
Belvelly
Carrignafoy
Currabally
Cuskinny
Dean and Chapter Land of Cloyne
Donegal
Fanick
Foaty
Kilgarvan
Lissanisky
Marino
Oldcourt
Ringacoltig
Ringmeen
Rosslague
Tiknock
Walterstown
SPECIFIED AREA OF ENNISCORTHY
The town of Enniscorthy and its environs in the county of Wexford, comprising the following areas: —
The Electoral Divisions of: —
Enniscorthy Urban
Enniscorthy Rural
In the Electoral Division of The Leap, the townlands of: —
Ballygillistown
Clohass
Dunsinane
Jamestown
Templescoby
Toberona
In the Electoral Division of Killoughrim, the townland of: —
Bessmount
In the Electoral Division of Marshalstown, the townlands of: —
Kilalligan North
Kilalligan South
Milehouse
SPECIFIED AREA OF KILLARNEY
The town of Killarney and its environs in the county of Kerry, comprising the following areas: —
The Electoral Divisions of: —
Killarney Urban
Killarney Rural
In the Electoral Division of Muckross, the townland of: —
Castlelough
In the Electoral Division of Kilcummin, the townland of: —
Kilbrean Beg
SPECIFIED AREA OF LONGFORD
The town of Longford and its environs in the county of Longford, comprising the following areas: —
The Electoral Divisions of: —
Longford No. 1 Urban
Longford No. 2 Urban
In the Electoral Division of Longford Rural, the townlands of: —
Aghadegnan
Aghafad
Ardnacassagh
Ballyminion
Cartronageeragh
Farnagh
Farranyoogan
Garvagh
Glack
Glebe
Kilnasavoge
Knocknahaw
Lisbrack
Lisnamuck
Templemichael Glebe
In the Electoral Division of Caldragh, the townlands of: —
Cloonbalt
Knockmartin
SPECIFIED AREA OF MALLOW
The town of Mallow and its environs in the county of Cork, comprising the following areas: —
The Electoral Divisions of: —
Mallow North Urban
Mallow South Urban
In the Electoral Division of Mallow Rural, the townlands of: —
Annabella
Ashgrove
Ballydahin
Ballyellis
Ballygarrett
Ballyviniter Lower
Ballyviniter Middle
Bearforest Upper
Carhookeal
Carrigoon Beg
Carrigoon More
Cloghlucas South
Curraghanearla
Dromsligo
Firville East
Gooldshill
Gortnagraiga
Keatleysclose
Kilknockan
Killagrohan
Killetra
Knockaroura
Knoppoge
Lackanalooha
Leaselands
Lodge
Parkadallane
Quartertown Lower
Quartertown Upper
Scarteen
Spaglen
In the Electoral Division of Ballyclogh, the townlands of: —
Ballynafeaha
Dromdowney Upper
Firville West
Gortnagross
Moanroe
Newtown
In the Electoral Division of Ballynamona, the townland of: —
Carrigduff
In the Electoral Division of Carrig, the townlands of: —
Ballyvorisheen
Carrigoon
In the Electoral Division of Dromore, the townlands of: —
Clyda
Clydaville
Drommahane
Dromore
Dromore North
Dromore South
Kilpadder North
Kilpadder South
Kilvealaton East
Kilvealaton West
Knocknamona
In the Electoral Division of Kilshannig, the townlands of: —
Dromaneen
Knockansweeny
Newberry
SPECIFIED AREA OF MIDLETON
The town of Midleton and its environs in the county of Cork, comprising the following areas: —
The Electoral Division of: —
Midleton Urban
In the Electoral Division of Midleton Rural, the townlands of: —
Ballintubbrid East
Ballintubbrid West
Ballyannan
Ballyvodock East
Ballyvodock West
Baneshane
Broomfield East
Broomfield West
Castleredmond
Garryduff
Knockgriffin(Barrymore)
Knockgriffin (Imokilly)
Oatencake
Park North
Park South
Townparks
In the Electoral Division of Cloyne, the townlands of: —
Ballynacorra
Ballynacorra East
Loughatalia
Ballynacorra West
SPECIFIED AREA OF TRAMORE
The town of Tramore and its environs in the county of Waterford, comprising the following areas: —
The Electoral Divisions of: —
Tramore
Drumcannon
In the Electoral Division of Islandikane, the townlands of: —
Carrickavrantry South
Coolnagoppoge
Garrarus
Knockanduff
Newtown
Westtown
In the Electoral Division of Kilmacleague, the townlands of: —
Ballygarran
Keiloge
Kilmacleague East
Kilmacleague West
In the Electoral Division of Rathmoylan, the townlands of: —
Corbally Beg
Corbally More
Lisselty
Summerville
SPECIFIED AREA OF TULLAMORE
The town of Tullamore and its environs in the county of Offaly, comprising the following areas: —
The Electoral Division of: —
Tullamore Urban
In the Electoral Division of Tullamore Rural, the townlands of: —
Ardan
Ballard
Ballydrohid
Charleville Demesne
Cloncollog
Clonminch
Muiniagh
In the Electoral Division of Durrow, the townland of: —
Ballyduff
In the Electoral Division of Cappancur, the townland of: —
Cappancur
In the Electoral Division of Tinnycross, the townland of: —
Derrynagall or Ballydaly
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GIVEN under my Official Seal of the Minister for Communications, Climate Action and Environment,
22 July, 2020.
EAMON RYAN,
Minister for Communications, Climate Action and Environment.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation).
These Regulations amend the Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations, 2012 ( S.I. No. 326 of 2012 ) (as amended).
These Regulations provide for the introduction of the ban on the marketing, sale, distribution and burning of specified fuels in specified areas of Ashbourne, Ballina, Castlebar, Cavan, Cobh, Enniscorthy, Killarney, Longford, Mallow, Midleton, Tramore and Tullamore with effect from 1 September 2020.
These Regulations also extend the Specified Area of Cork, to include certain other designated townlands in the Electoral Division of Carrigtwohill, with effect from 1 September 2020.
S.I. No. 529/2022 –
Air Pollution Act 1987 (Solid Fuels) Regulations 2022
Contents
1. Citation and commencement
2. Interpretation
3. Prohibition on sale or distribution of unapproved solid fuel
4. Facilitation of right of turbary
5. Requirements for approved solid fuel
6. Fuels register
7. Producer responsibility
8. Retailer responsibility
9. Transportation of solid fuel
10. Certificate of compliance and testing methods
11. Labelling
12. Authorised persons
13. Laboratory analysis
14. Revocation
Schedule 1
Wording for wood over 2m3
Schedule 2
Records for traceability and compliance
I, EAMON RYAN, Minister for the Environment, Climate and Communications, in exercise of the powers conferred on me by sections 10 , 12 A, 14 (7) and (8), 22 F(4) and (5) and 53 of the Air Pollution Act 1987 (No. 6 of 1987) and the Climate Action and Environment (Transfer of Departmental Administration and Ministerial Functions) Order 2016 (S. I. No. 393 of 2016) (as adapted by the Communications, Climate Action and Environment) (Alteration of Name of Department and Title of Minister) Order 2020 (S. I. No. 373 of 2020)), hereby make the following regulations:
Citation and commencement
1. (1) These Regulations may be cited as the Air Pollution Act 1987 (Solid Fuels) Regulations 2022.
(2) These Regulations come into operation on 31 October 2022.
Interpretation
2. (1) In these Regulations —
“Act of 1987” means Air Pollution Act 1987 (No. 6 of 1987);
“Agency” means Environmental Protection Agency;
“approved solid fuel” means a solid fuel product which is used for the purposes of combustion for heating (space or water) in a fireplace in a domestic or a licensed premises that conforms with the requirements as set out in Regulation 5 in respect of the product;
“bag” means a sealed receptacle containing a quantity of solid fuel;
“bale” means a unit of solid fuel which is securely strapped or wrapped;
“biomass” means the biodegradable fraction of products, waste and residues of biological origin from agriculture (including vegetal and animal substances), forestry and related industries, including fisheries and aquaculture as well as the biodegradable fraction of industrial and municipal waste;
“bog-land” means land consisting wholly or mainly of land on or under the surface of which there is turf;
“certificate of compliance” means a certificate, for the time being in force, verifying that a producer of solid fuel complies with the requirements set out in Regulation 5, issued by a certification body under Regulation 10;
“certification body” means a third-party conformity assessment body;
“cessation scheme” means the Cessation of Turf Cutting Compensation Scheme established by the Minister for Housing, Local Government and Heritage and administered by the Department of Housing, Local Government and Heritage;
“coal products” means any coal, lignite, coke or semi coke of coal falling under CN Code 2701, 2702 or 2704;
“domestic premises” means premises which are used wholly or mainly as a private dwelling;
“EFTA country” means a country that is a member of the European Free Trade Association;
“fireplace” has the meaning assigned to it in section 7(1) of the Act of 1987;
“fuels register” means the register established and maintained by the Agency under section 22A (inserted by section 24 of the Environment Miscellaneous Provisions) Act 2015) of the Act of 1987;
“licensed premises” has the same meaning as it has in the Intoxicating Liquor Act 2008 (No. 17 of 2008);
“manufactured part biomass product” means any solid fuel product produced using biomass and any other materials where the biomass content is greater than 30% but less than 100%;
“manufactured solid fuel” means any solid fuel manufactured or mixed with a biomass fraction of less than 30%;
“owner of a vehicle” means the person in possession of or, for the time being, in charge of a vehicle;
“package” means material used to create a bag, bale or other container to hold a quantity of solid fuel which is intended for sale to the general public;
“peat briquette” means milled peat which has been dried and moulded into a uniform shape;
“producer” in relation to a solid fuel means a person who for the purposes of combustion or heating, produces or treats or imports solid fuel for retail or distribution in the State, and produce shall be read accordingly;
“retailer” in relation to the sale of solid fuels, means a person who for the purposes of trade or otherwise in the course of business, sells or otherwise supplies irrespective of the selling technique used, solid fuel to other persons for combustion for heating, in, from or in connection with a premises or online, whether directly or indirectly, and includes a wholesaler and a supplier;
“right of turbary” means the right of digging, cutting and taking away turf from a bog-land for use as fuel and includes —
(a) a right arising by custom to do so, and
(b) the right of preparing and storing on the bog-land any turf cut from it;
“solid fuel” means any solid substance that is burned to produce heat;
“turf” means peat taken from bog-land, irrespective of extraction method, but does not include peat briquettes.
(2) In these Regulations a reference to an International Standard or a British Standard is a reference to a standard published by the International Organisation for Standardisation or the British Standards Institution and should be construed as the most current such standard in effect.
Prohibition on sale or distribution of unapproved solid fuel
3. A person shall not retail or distribute solid fuel for the purposes of combustion for heating (space or water) in a fireplace in a domestic or a licensed premises that is not an approved solid fuel.
Facilitation of right of turbary
4. (1) Notwithstanding Regulation 3, the holder of a right of turbary may, by way of sharing turf cut by or for the holder, give it to other persons for their personal use and is not considered a producer for the purposes of these Regulations.
(2) The holder of a right of turbary may sell or offer to sell turf to another provided it is not by way of the internet or other media, or from a premises or place used for the retail of food, fuel or other goods, including from shops, garages and petrol filling stations, fuel yards and public houses and other public places (within the meaning of section 3 of the Criminal Justice (Public Order) Act 1994 (No. 2 of 1994)).
(3) The holder of a right of turbary mentioned in paragraph (1) may provide turf for distribution to those entitled to turf under the cessation scheme.
(4) The requirements of Regulation 9(c) shall not apply to the transport of turf cut by the holder of a right of turbary under this Regulation.
Requirements for approved solid fuel
5. (1) Solid fuel to be considered an approved solid fuel must conform with the requirements specified in the following paragraphs.
(2) Coal products and manufactured solid fuels must have a smoke emission rate of less than 10 grams per hour.
(3) Manufactured part biomass products must have a smoke emission rate of less than 5 grams per hour.
(4) Coal products and manufactured solid fuels, including manufactured part biomass products, must have sulphur content —
(a) less than 2% by weight on a dry ash-free basis, and
(b) subject to a market assessment, with effect from 1 September 2025, have sulphur content less than 1% by weight on a dry ash-free basis.
(5) Fuel products which are 100% biomass products, including wood products and wood logs, supplied in units of two cubic metres or less, must have a moisture content of —
(a) less than 25%, and
(b) with effect from 1 September 2025, less than 20%.
(6) Wood logs supplied in units of more than two cubic metres shall be accompanied by a notice containing the statement specified in Schedule 1.
Fuels register
6. (1) A producer is required to register annually on the fuels register in accordance with this Regulation.
(2) A producer, or a person purporting to act as such, shall not carry out a fuel activity (within the meaning of section 22A(1)(a) of the Act of 1987) in relation to solid fuel unless he or she is registered on the fuels register in respect of the activity.
(3) In addition to the information required under section 22A(2) of the Act of 1987, an application to the Agency by a producer for entry on the fuel register shall be accompanied by the following information:
(a) a list of all products of solid fuel produced by fuel type, in relation to the fuel activity carried out by the applicant;
(b) the certificate of compliance or a copy of it held by him or her in respect of the fuel activity to which the application relates;
(c) evidence of possession of a current tax clearance certificate issued to the applicant;
(d) total sales volumes of solid fuels achieved by the applicant for the previous year;
(e) any trading name or Companies Registration Office number relating to the application;
(f) name and contact details of the person responsible for the provision of information relevant to the application;
(g) details of any conviction for an offence under the Act of 1987 committed by the applicant or a person in his employment within the period of 5 years previous to the application.
(4) An application for entry on the fuels register shall be accompanied by a fee of €100 and any administrative costs of registration decided by the Agency.
(5) An applicant for entry, or a producer entered, on the fuels register shall inform the Agency of any material change of information provided under paragraph (3) within 14 days of the change.
(6) The period of time for which registration of a producer on the fuels register may have effect is during the period from 1 September in a particular year until 31 August in the following year, and the registration of the producer has effect from the date during that period he or she is entered on the fuels register until the expiration of that period on 31 August following the date of entry.
(7) In the year 2022 the period from 1 September referred to in paragraph (6) is to be read as the period from 31 October in that year until 31 August in the following year.
(8) The Agency may specify to producers registered on the fuels register the date by which an application for continued registration on the fuels register should be submitted to avoid interruption in registration. Where an application is duly made by that date but has not been considered by the Agency by the date the registration is due to commence, the registration of the producer continues until the determination of the application by the Agency.
(9) A producer registered on the fuels register shall display the registration number issued to the producer under section 22E of the Act of 1987, on any invoice, credit note, dispatch and delivery docket, marketing material or website relating to any fuel activity carried out by the producer.
(10) A producer who is not registered on the fuels register shall not display any document or registration number issued or purported to have been issued under section 22E of the Act of 1987, on any invoice, credit note, dispatch and delivery docket, marketing material or website or at any premises relating to any fuel activity carried out by the producer.
(11) A producer shall at any premises where the producer carries out a fuel activity and in any written advertisement advertising the producer’s fuel activity prominently display the registration number issued to him or her under section 22E of the Act of 1987 with the words “Registered fuel producer on the Fuels Register” or similar words, and in any broadcast advertisement state that the producer is so registered.
(12) A producer registered on the fuels register who ceases to carry out a fuel activity shall, within 30 days of such cessation, inform the Agency of this.
Producer responsibility
7. (1) A producer is responsible for the conformity assessment under Regulation 10 of solid fuel which the producer produces.
(2) A producer shall not retail or distribute a solid fuel product unless the product —
(a) is an approved solid fuel,
(b) is certified as set out in Regulation 10,
(c) is labelled in accordance with the requirements of Regulation 11,
(d) in the case of wood supplied in units of two cubic metres or more, is accompanied by a notice containing the statement specified in Schedule 1, and
(e) relates to a fuel activity in respect of which the producer is registered on the fuels register.
Retailer responsibility
8. (1) A retailer shall not retail in the State any solid fuel placed on the market by a producer who is not registered on the fuels register in respect of that fuel activity.
(2) A retailer shall not make available for sale on the premises of the retailer or by any other means a solid fuel which is not an approved solid fuel.
(3) A retailer shall keep records for a period of one year to show that all solid fuel sold or distributed is an approved solid fuel. These records should include all invoices, credit notes, dispatch or delivery documents detailing the products purchased from a producer, including the registration number issued to the producer under section 22E of the Act of 1987 in respect of solid fuel supplied to the retailer.
(4) The records referred to in paragraph (3) shall be provided by a retailer for inspection, on request, by an authorised person.
Transportation of solid fuel
9. The owner or operator of any vehicle which is used for the transport of solid fuel for the purposes of combustion for heating (space or water) in a domestic or licensed premises shall retain on the vehicle and provide to an authorised person, if requested by the officer —
(a) a record of the quantity of each type of solid fuel on the vehicle and the name and address of the person or body who supplied the fuel,
(b) a record of the origin and destination of the solid fuel and the name and address of the person or persons purchasing the fuel, and
(c) a record demonstrating that the solid fuel is an approved solid fuel, such as an invoice, credit note, dispatch or delivery documents detailing the products purchased from a producer entered on the fuels register which shall include the registration number issued to producer under section 22E of the Act of 1987 in respect of solid fuel being transported.
Certification of compliance and testing methods
10. (1) For the purposes of establishing compliance with the requirements, specifications and procedures set out in these Regulations, a producer of solid fuel shall be audited on an annual basis by a certification body.
(2) A producer of solid fuel shall apply to a certification body for assessment of compliance.
(3) The records to be kept and maintained by a producer relating to solid fuel products produced by the producer shall be sufficient to enable the certification body to determine compliance with the requirements of these Regulations, including the requirements set out in Regulation 5 and include at a minimum those specified in Schedule 2.
(4) The requirements of Regulation 5 shall be satisfied by compliance with:
(a) a relevant standard or code of practice of a national standards body or equivalent body in another Member State, an EFTA country, the United Kingdom or Turkey;
(b) any relevant international standard recognised for use in another Member State, an EFTA country, the United Kingdom or Turkey;
(c) any relevant technical regulation with mandatory or de facto mandatory application for marketing or use in another Member State, an EFTA country, the United Kingdom or Turkey,
(d) any relevant quality assurance scheme,
insofar as the standard, code of practice, technical regulation, scheme or process in question enables the requirements of Regulation 5 to be certified in an equivalent manner.
(5) The sulphur content shall be determined by the method for the time being specified in ASTM D4239 or International Standard reference ISO 19579 or technical equivalent;
(6) The gross calorific value shall be determined by the method for the time being specified in International Standard reference ISO 1928 or technical equivalent and the moisture level for the purposes of expressing gross calorific value on a moist ash-free basis shall be the level corresponding to moisture holding capacity as determined by the method for the time being specified in International Standard reference ISO 1018 or technical equivalent.
(7) The volatile matter content shall be determined by the method for the time being specified in International Standard reference ISO 20360:2020 or ISO 562 or technical equivalent as applicable.
(8) The smoke emission rate shall be determined by the method for the time being specified in British Standard 3841.
(9) The ash content shall be determined by the method for the time being specified in International Standard reference ISO 1171.
(10) The method to be used for calculating analyses of fuels to different bases shall be the method for the time being specified in International Standard reference ISO 1170.
(11) The method to be used for calculating the moisture content of wood fuels or 100% biomass product shall be the method for the time being specified in International Standard reference ISO 17225 or technical equivalent.
(12) A laboratory or testing facility may carry out any test, examination or analysis of any sample of fuel taken for the purposes of ensuring compliance with these Regulations in accordance with the methods specified in this Regulation.
Labelling
11. (1) The packaging of an approved solid fuel shall be labelled —
(a) with the words “contents comply with the Air Pollution Act Regulations” and
(b) with the registration number issued to the producer of the fuel under section 22E of the Act of 1987.
(2) A label for the purposes of paragraph (1) shall be —
(a) non-detachable,
(b) legible,
(c) either in colour, or black and white, on a contrasting background, and
(d) tamperproof.
(3) In addition to the requirements of paragraph (1), the label of the packaging of manufactured part biomass products shall include the percentage of biomass used in the product blend.
(4) The packaging of fuel which is not an approved solid fuel shall not purport to have complied with this Regulation.
Authorised persons
12. (1) A local authority or the Minister may appoint in writing such persons or class of persons, as the authority considers appropriate, to be an authorised person for the purposes of these Regulations and the Act of 1987.
(2) An authorised person may exercise any of the functions conferred on an authorised person under this Regulation, Regulation 8(4) or the Act of 1987 —
(a) within the functional area of the local authority which appointed the authorised person, or
(b) in the functional area of another local authority with which an agreement exists for the exercise or performance by an authorised person of the first-mentioned authority in the functional area of the other authority of the functions of an authorised person.
(3) An authorised person appointed under Regulation 10 of the Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 (S. I. No. 326 of 2012) who holds his or her authorisation immediately on the commencement of this Regulation continues to be an authorised person as if appointed under this Regulation.
(4) An authorised person may, in respect of any vehicle or any premises which, in his or her opinion, is being used in connection with the retailing or distribution of solid fuel —
(a) inspect and take samples of any solid fuel on the vehicle or at the premises,
(b) request from a producer and inspect a certificate of compliance or document under section 22E of the Act of 1987 issued to him or her,
(c) inspect such records or such documents as the authorised person, having regard to all the circumstances, considers necessary for the purposes of these Regulations, or
(d) require from the owner or occupier of the premises or from any other person on the premises, or require from the owner or operator of a vehicle, such information as the authorised person, having regard to all the circumstances, considers necessary for the purposes of these Regulations.
(5) Where an authorised person takes a sample of any solid fuel from any vehicle or premises under paragraph(4)(a), the authorised person shall —
(a) immediately notify an appropriate person that a sample has been so taken and give a receipt in respect of the sample to the appropriate person, and
(b) at the time of taking the sample, attach to the sample’s container or packaging, as appropriate, a label specifying the date on which the sample was taken and an identification number for that sample.
(6) In this Regulation “appropriate person” means the owner or occupier of, or any other person who appears for the time being to be in charge of, the premises at which the sample is taken, or the owner or operator of a vehicle from which the sample is taken.
Laboratory analysis
13. (1) A sample taken under Regulation 12(4)(a) shall be forwarded to a laboratory accredited to ISO/IEC 17025 or equivalent for the relevant scope of analysis, or a testing facility engaged by the Agency or the local authority concerned for testing, analysis or examination of the sample for the purpose of detecting any failure to comply with the requirements required under Regulation 5.
(2) In proceedings for an offence under section 11 of the Act of 1987 a certificate purporting to be signed by a person employed at a laboratory or testing facility where a sample of solid fuel taken under Regulation 12(4)(a) was tested, analysed or examined stating the capacity in which the person is employed and that —
(a) the person received the sample, identified by the information required under Regulation 12(5)(b) on the label attached to the sample’s container,
(b) for the period specified in the certificate, the person had the sample in his or her possession, and
(c) the person —
(i) gave the sample to another person named in the certificate, or
(ii) carried out a procedure for the purpose of detecting in the sample evidence of failure to comply with the technical requirements required under Regulation 5,
is (without proof of the signature or the person or that he or she is or was employed at the laboratory or testing facility) unless the contrary is shown, evidence of the matters stated in the certificate.
(3) In proceedings for an offence under section 11 of the Act of 1987 the court may, if it considers that it is in the interests of justice, direct that oral evidence of the matters stated in a certificate referred to in paragraph (2) be given, and the court may for the purpose of receiving oral evidence adjourn the proceedings.
Revocation
14. The following are revoked:
(a) the Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 (S. I. No. 326 of 2012);
(b) the Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) (Amendment) Regulations 2015 (S. I. No. 30 of 2015);
(c) the Air Pollution (Fixed Payment Notice) Regulations 2015 (S. I. No. 633 of 2015);
(d) the Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) (Amendment) Regulations 2016 (S. I. No. 128 of 2016);
(e) the Air Pollution Act 1987 (Registration of Fuel Bagging Operators and Suppliers, and Marketing, Sale, Distribution and Burning of Specified Fuels) (Amendment) Regulations 2016 (S. I. No. 571 of 2016);
(f) the Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) (Amendment) Regulations 2020 (S. I. No. 260 of 2020).
Regulation 5(6) and 7(2)
Schedule 1
Wording for wood over 2m3
Form of words in respect of wood sold in volumes of more than two cubic metres.
Wood is not suitable for burning until it has been dried to a moisture content of 25% or less. Wood should be stored and dried in a bright, well aired space until it reaches the required moisture level.
Form of words in respect of wood sold in volumes of more than two cubic metres from 1 September 2025.
Wood is not suitable for burning until it has been dried to a moisture content of 20% or less. Wood should be stored and dried in a bright, well aired space until the wood has reached the required moisture level.
Regulation 10(3)
Schedule 2
Records for traceability and compliance
(1) Records for traceability and compliance of fuels, within the scope of Regulation 10 (3) shall be —
(a) kept in appropriate media (such as paper or electronic form),
(b) retained for 6 years, and
(c) stored or archived to ensure satisfactory accessibility, legibility, and freedom from corruption or intentional alteration.
(2) The types of records kept shall include, as a minimum, where applicable, the following:
(a) delivery records for raw materials delivered to the producer, showing —
(i) the delivered weight,
(ii) the certificate of analysis,
(iii) traceability to certificate of analysis,
(iv) the delivery vehicle licence plate number or ship reference, and
(v) the date of delivery;
(b) calibration and maintenance records for the weighbridges;
(c) calibration and maintenance records for the weighing equipment and check weighing, where used;
(d) records of investigations and timely corrective action following any weighing equipment malfunction or loss of accuracy;
(e) production reports showing the number of products produced, and any product contained which was returned to the stockpile;
(f) annual stocktakes of raw materials and final product on year end or nearest working day;
(g) accreditation certificates to I.S. EN ISO/IEC 17025, or equivalent, as carrying out testing to the applicable standard, for all calibration contractors and analytical laboratories which carry out work relevant to the process;
(h) product treatment records (if any);
(i) sales records for all fuel sold;
(j) market surveillance records (if any);
(k) feedback and complaints records (if any);
(l) production records confirming control parameters (quality);
(m) records of production runs (duration, product, quantity).
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GIVEN under my Official Seal,
20 October 2022.
EAMON RYAN,
Minister for the Environment,
Climate and Communications.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation)
The purpose of the Regulations is to regulate the sale and distribution of solid fuel used for space or water heating in domestic or licensed premises (such as public houses or hotels). Solid fuel may only be distributed as an approved solid fuel that meets the requirements set out in the Regulations.
Regulation 1 is the citation (title) and commencement. The Regulations have effect from 31 October 2022.
Regulation 2 gives an interpretation to words and phrases used in the Regulations.
Regulation 3 prohibits the distribution or sale of solid fuel for heating homes or licensed premises, such as public houses or hotels, which is not an approved fuel in compliance with technical requirements set out in Regulation 5.
Regulation 4 prohibits the sale of turf via online sales channels, retail premises or other public places but allows only those with rights in relation to turf cutting to distribute turf to others as per traditional customary practices.
Regulation 5 introduces new technical requirements that will apply to solid fuels placed on the market, sold or distributed across the State for use in domestic and licensed premises
Regulation 6 obliges a producer to register on the EPA’s fuel register in order to place solid fuel on the market or produce or distribute it. It sets out the information and fee required for application for registration, the validity period of registration and requirements related to the display of registration details.
Regulations 7 and 8 set out the responsibilities of producers and retailers.
Regulation 9 outlines the responsibilities for all those involved in the transportation of solid fuel.
Regulation 10 provides for the certification process to ensure that all fuels placed on the market meet the new technical requirements.
Regulation 11 provides for labelling requirements on solid fuel packaging.
Regulation 12 provides enforcement measures by authorised persons.
Regulation 13 provides for laboratory testing of samples taken by authorised persons.
Regulation 14 revokes the previous Regulations in respect of solid fuel.