Written answers

Thursday, 9 May 2024

Department of Communications, Climate Action and Environment

Air Quality

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry, Independent)
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138. To ask the Minister for Communications, Climate Action and Environment if he will address the concerns of a local residents’ group in County Kerry (details supplied). [20948/24]

Photo of Eamon RyanEamon Ryan (Dublin Bay South, Green Party)
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While I note the concerns of the residents on this issue, matters in relation to enforcement of licences or investigations in relation to specific air pollution concerns are not under the remit of my Department. It is not clear from the details supplied if this plant is operated under an EPA licence or one granted by the local authority.

Under the Air Pollution Act, 1987 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. Under sections 26 and 27 local authorities also have powers to serve a notice or take measures to prevent or limit air pollution.

The relevant enforcement agencies are the local authorities, which in this case is Kerry County Council. It is important to note that local authorities are independent statutory bodies that carry out their duties under a legislative framework covering all areas of local authority activities.

The Office of Environmental Enforcement of the Environmental Protection Agency supervises the environmental protection activities of local authorities through auditing their performance, providing advice and guidance, and, in appropriate cases, giving binding directions. In this regard, the Office of Environmental Enforcement may also be able to assist in this matter.

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