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6 1987

AIR POLLUTION ACT, 1987

PART III

Licensing of Industrial Plant

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 unless a licence under this Act 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 unless a licence under this Act 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.

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.

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.

(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,

and, where appropriate, the local authority shall attach conditions relating to the matters specified in paragraphs (a), (b) and (c) 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.

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.

Appeals.

34. —(1) Any person may, at any time before the expiration of the prescribed period, appeal to An Bord Pleanála 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) An Bord Pleanála, 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.

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.

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.