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6 1987

AIR POLLUTION ACT, 1987

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.

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.

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.

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.

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.