Air Pollution Act, 1987

Industrial plant and existing industrial plant.

6.—(1) “Industrial plant” in this Act means any plant, equipment, appliance, apparatus, machinery, works, building or other structure or any land or any part of any land which is used in the course of trade, business or industry for the purposes of, or incidental to, any industrial process specified in the Third Schedule .

(2) In this Act “existing industrial plant” means industrial plant—

(a) in respect of which a permission under Part IV of the Local Government (Planning and Development) Act, 1963 , is granted prior to such day (in this subsection referred to as “the relevant day”) as may be prescribed by the Minister, or

(b) which is, on the day immediately prior to the relevant day, or was, at any time during the period of twelve months ending on the day immediately prior to the relevant day, used for the purposes of, or incidental to, any industrial process specified in the Third Schedule , other than industrial plant which is an unauthorised structure or the use of which constitutes an unauthorised use.

(3) The Minister may, by regulations, vary, by the addition or deletion of any industrial process, the Third Schedule .

(4) In this section “unauthorised structure” and “unauthorised use” have the meanings assigned to them by the Local Government (Planning and Development) Act, 1963 .