Superior Court Rules

ORDER 103A

AIR POLLUTION ACT, 1987

1. (1) In this Order the ‘Act’ means the Air Pollution Act, 1987 as amended.

(2) Words and expressions contained in this Order shall have the same meaning as in the Act.

(3) In this Order a reference to a section or a subsection is to that section or subsection in the Act unless it is indicated that reference to some other enactment is intended.

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2. An application for an order under section 28 of the Act shall be by motion on notice to the person against whom relief is sought.

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3. The notice of motion shall be entitled in the matter of the Air Pollution Act, 1987, on the application of the local authority or person bringing the application; it shall state the relief sought; describe the emission complained of; state the name and place of residence or address for service of the person seeking relief and the date upon which it is proposed to apply to the court for relief and shall be filed in the Central Office.

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4. Notice of the motion shall be served on the person against whom the relief is sought (the respondent); but if it shall appear to the court that any person on whom notice has not been served ought to have or ought to have had such notice, the court may either dismiss the application or adjourn the hearing thereof in order that such notice may be served upon such terms (if any) as the court may think fit to impose.

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5. There must be at least 10 days between the service of the notice and the day named therein for the hearing of the motion.

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6. Pending the determination of an application under section 28 of the Act, the court may, on the application of the applicant or the respondent by interlocutory order, (or if satisfied that delay might entail irrevocable or serious mischief by interim order on application ex parte) make any order in the nature of an injunction prohibiting or restricting the emission complained of from any premises and may authorise any person to enter upon or into any land or building; and for all or any of those purposes may authorise any sample to be taken or any observations, calculations or measurements to be made or experiment to be tried which it may consider appropriate, necessary or expedient in the circumstances.

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7. (a) Subject to the right of the court to give such directions in that behalf as it considers appropriate or convenient, evidence at the hearing of a motion under rule 2 shall be by affidavit.

(b) Any affidavit to be used in support of the motion shall be filed in the Central Office and a copy of any such affidavit shall be served with the notice of motion.

(c) Any affidavit to be used in opposition to the application shall be filed in the Central Office by the respondent within seven days of the service on him of the applicant’s affidavit and the respondent must within such period serve a copy of any affidavit intended to be used by him on the applicant.

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8. The preceding rules with the exception of that part of rule 6 relating to interim orders shall apply mutatis mutandis to an application for an order under section 28A of the Act.

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