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6 1987

AIR POLLUTION ACT, 1987

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.

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.

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.

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.