Air Pollution Act, 1987

Obligation to prevent air pollution.

24.—(1) 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.

(2) 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.

(3) In any prosecution for a contravention of this section, it shall be a good defence to establish that—

(a) the best practicable means have been used to prevent or limit the emission concerned, or

(b) the emission concerned was in accordance with a licence under this Act, or

(c) the emission concerned was in accordance with an emission limit value, or

(d) the emission concerned was in accordance with a special control area order in operation in relation to the area concerned, or

(e) in the case of an emission of smoke, the emission concerned was in accordance with regulations under section 25 , or

(f) the emission did not cause air pollution.