Pollution Control and Local Government (Northern Ireland) Order 1978

Regulations about research and publicity N.I.

60.—(1) Regulations shall prescribe the manner in which, and the methods by which, district councils are to perform their functions under Articles 57 and 58.

(2) The Department, before making regulations under this Article, shall consult such persons appearing to the Department—

(a) to represent district councils;

(b) to represent industrial interests; and

(c) to be conversant with problems of air pollution;

as the Department considers appropriate.

(3) Regulations under this Article may in particular—

(a) prescribe the kinds of emissions to which notices under Article 58 may relate;

(b) prescribe the kinds of information which may be required by those notices;

(c) prescribe the manner in which any such notice is to be given, and the evidence which is to be sufficient evidence of its having been given, and of its contents and authenticity;

(d) require each district council to maintain in a prescribed form a register containing—

(i) information obtained by the council under Article 57(2) other than information as to which a direction under Article 59(2) provides that the information is not to be disclosed to the public; and

(ii) such information (if any) as the Department may determine, or as may be determined by or under regulations, with respect to any appeal under Article 59 which was against a notice served by the council and which the Department did not dismiss;

(e) specify the circumstances in which district councils may enter into arrangements with owners or occupiers of premises under which they will record and measure emissions on behalf of the district councils;

(f) specify the kinds of apparatus which district councils are to have power to provide and use for measuring and recording emissions, and for other purposes.

(4) Regulations under paragraph (3)( b) may in particular require returns of—

(a) the total volume of gases, whether pollutant or not, discharged from the premises in question over any period;

(b) the concentration of pollutant in the gases discharged;

(c) the total of the pollutant discharged over any period;

(d) the height or heights at which discharges take place;

(e) the hours during which discharges take place;

(f) the concentration of pollutants at ground level.

(5) A register maintained by a district council under regulations made under paragraph (3)( d) shall be open to public inspection at the principal office of the council free of charge at all reasonable hours, and the council shall afford members of the public reasonable facilities for obtaining from the authority, on payment of reasonable charges, copies of entries in the register.