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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:

Solid Fuels Regulations

Volatile Organic Compounds (VOCs) (Solvents, Deco-Paints and Petrol Vapour Regulations)

Prohibition of Waste Disposal by Burning Regulations