Charlie McConalogue (Donegal North East, Fianna Fail)
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1506. To ask the Minister for Environment, Community and Local Government the powers local authorities have to reduce or tackle air pollution in their districts; where these powers originate; and if he will make a statement on the matter. [32068/15]

Alan Kelly (Tipperary North, Labour)
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Under the Air Pollution Act 1987, local authorities have significant investigatory and enforcement powers to tackle air pollution, including under section 16 of the Act which provides that a local authority may serve a notice on the occupier of a premises, requiring that occupier to furnish such particulars as may be specified in relation to:

- any activity or process being carried out on the premises;

- any fireplaces on the premises; and

- the fuels or other materials being burned on the premises.

In addition, section 26 of the Act empowers a local authority to serve a notice on the occupier of any premises from which there is an emission. Such a notice may direct the occupier to take such measures as the authority specifies in order to prevent or limit air pollution. It is a matter for the local authority to exercise its judgment in any individual case as to whether a nuisance is being caused, and what abatement action may be required.

I am currently in the process of enhancing the powers of local authorities in this matter. The recently enacted Environment (Miscellaneous Provisions) Act 2015 provides for the introduction of Fixed Payment Notices in respect of offences under regulations relating to vehicle refinishing products, organic solvents and, in particular, solid fuels. I intend to bring forward regulations to give full effect to these provisions in the near future.