Air Pollution Act, 1987

Regulations in relation to fuel.

53.—(1) The Minister, for the purpose of preventing or limiting air pollution, may make regulations in relation to—

(a) the standard, specification, composition and contents of any fuel of a type which is used in mechanically propelled vehicles or in mechanically propelled vehicles of a particular class or description or mechanically propelled vehicles in a particular area or a particular class of areas;

(b) the standard, specification, composition and contents of any type of fuel which is burnt in fireplaces or in fireplaces of a particular class or description or in fireplaces in a particular area or particular class of areas;

(c) the production, treatment, importation, placing on the market, distribution or sale of fuel of any type or description;

(d) the burning, or the prohibition of burning, in fireplaces, or in fireplaces of a particular class or description of a fuel, or of a fuel which does not comply with such requirements as may be specified;

(e) the use, or the prohibition of the use, in mechanically propelled vehicles, or in mechanically propelled vehicles of a particular class or description of a fuel, or of a fuel which does not comply with such requirements as may be specified.

(2) Without prejudice to the generality of subsection (1), regulations under this section may—

(a) prohibit the sale, distribution, use or burning of a fuel which does not conform with such standards as may be specified either generally or in a specified area or class of areas;

(b) specify different standards in relation to different fuels;

(c) specify the tests which shall be conducted to establish whether a fuel complies with the provisions of regulations made under this section;

(d) provide for exemption in such circumstances or in such cases as may be specified from all or any of the provisions of the regulations;

(e) require that specified information in relation to fuels be displayed at such places and in such a manner as may be specified;

(f) provide for the enforcement of the regulations (or of any provision thereof) by persons specified in the regulations and provide for the powers of such persons and any person authorised by such persons;

(g) provide for the issue of certificates by such persons as may be specified;

(h) provide for the keeping of records by specified persons and for the examination of such records;

(i) provide for the examination of such premises, records and vehicles as may be specified and for the requirements that may be made of the owner or other person in charge of premises, records or vehicles so specified for the purpose of such examination;

(j) provide for the taking of samples of fuels at specified premises or from specified vehicles;

(k) provide for the colouring of different fuels to be used in different mechanically propelled vehicles or classes of mechanically propelled vehicles;

(l) provide that any certificate or other evidence given or to be given in respect of any test, examination or analysis of any sample taken or conducted pursuant to the regulations shall be evidence, without further proof, of the result of the test, examination or analysis, until the contrary is shown.