Air Legislation and Enforcement
The Air Pollution Act, 1987 is the primary legislation relating to the protection of our air quality. The licencing of certain industrial emissions that require an Air Pollution Act Licence from the Local Authority are also outlined within the Act. Additionally, industrial emissions that require a licence from the EPA are outlined within the 1992 EPA Act.
Section 24 of the Air Pollution Act, 1987 lays down a general obligation on minimising and preventing emissions:
- 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.
- 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.
The Act also confers Local Authorities with the powers to take appropriate enforcement action where this is breached. This may include prosecutions and fines of up to €5,000 on summary conviction.
Kildare County Council has monitoring and enforcement responsibilities and powers under a range of Air Quality legislation, including:
- The Air Pollution Act 1987 (Solid Fuels) Regulations 2022 (SI. No. 529 of 2022)
- The Waste Management (Prohibition of Waste Disposal by Burning) Regulations 2009 (SI. No. 286 of 2009)
- The European Union (Paints, Varnishes, Vehicle Refinishing Products and Activities) Regulations 2012 (SI. No. 564 of 2012)
- The European Union (Installations and Activities Using Organic Solvents) Regulation 2012 (SI. No. 565 of 2012)
- The Air Pollution Act 1987 (Petroleum Vapour Emissions) Regulations 1997 (SI. No. 375 of 1997)
- The Air Pollution Act 1987