Environmental Protection and Management Act 1999 · 2020 Revised Edition · Part 4 · Air Pollution Control
12. Control of air impurities
Feedback & supportAny owner or occupier of any industrial or trade premises who carries on any trade or industrial process, or operates any fuel burning equipment or industrial plant in or on the premises in any manner that causes, permits or allows the emission of air impurities in excess of the standard of concentration or rate of emission prescribed in respect of that industry, process, fuel burning equipment or industrial plant shall be guilty of an offence.
industrial or trade premises
“industrial or trade premises” means premises used for any industrial or trade purposes or premises on which matter is burnt in connection with any industrial or trade process, and includes all scheduled premises and construction sites;
Where any such standard has not been so prescribed, it is the duty of the owner or occupier of any industrial or trade premises to carry on any trade or industrial process or operate any fuel burning equipment or industrial plant in or on the premises by the best practicable means available as may be necessary to prevent or minimise air pollution.
premises
“premises” includes messuages, houses, buildings, lands, tenements, easements and hereditaments of any tenure, whether open or enclosed, whether built on or not, whether public or private, and whether maintained under statutory authority or not;
Any dispute that arises as to the best practicable means available for the purposes of subsection (2) is to be determined by the Director‑General.
practicable
“practicable” means reasonably practicable having regard, among other things, to local conditions and circumstances and to the current state of technical knowledge, and “best practicable means” includes the provision and the efficient maintenance of a plant and the proper use thereof and the supervision, by or on behalf of the occupier, of any process or operation;
The Director-General may, in respect of a specified period of time, by written notice require the owner or occupier of any industrial or trade premises to ensure that any air impurity exceeding a specified amount is not emitted during that period.
Director-General
“Director-General” means the Director‑General of Environmental Protection appointed under section 3(1);
The Agency may, with the approval of the Minister, by regulations provide for the control or prohibition of the emission of air impurities from any other source.
Agency
“Agency” means the National Environment Agency established under the National Environment Agency Act 2002;