Air Pollution Act, 1987

Power of High Court in relation to air pollution.

28.—(1) The High Court may, on the application of a local authority or any other person, by order, prohibit or restrict an emission from any premises where the Court is satisfied that—

(a) the continuance of the emission (not being an emission which is in compliance with a licence granted under this Act) would give rise to a serious risk of air pollution, or

(b) the emission is an emission from industrial plant in contravention of the terms of a licence under this Act, or

(c) the emission is an emission from industrial plant for which a licence under this Act is required and in relation to which no such licence has been granted.

(2) An order made by the High Court on an application under this section may contain such provisions as to the Court seem appropriate and may, in particular, include provisions—

(a) requiring specific measures to be taken to eliminate or reduce the risk of air pollution;

(b) requiring any person to do, or not to do, or cease from doing, as the case may be, anything which the Court considers necessary and specifies in the order to ensure that the emission concerned is terminated or restricted or, as the case may be, complies with any relevant licence under this Act;

(c) in relation to the payment of costs.

(3) An application for an order under this section shall be by motion and the High Court when considering the matter may make such interim or interlocutory order as it considers appropriate.

(4) An order of the High Court made pursuant to this section shall have effect notwithstanding the terms of any permission given under any other enactment in relation to the premises concerned.