Purpose

Issue of financial penalties
for breaches of the Clean Air Act 1993 and approval of level of
financial penalty to be applied.
 
Decision not to rescind and
reissue the existing Smoke Control Order for Kirklees, so as to
incorporate smoke emission offences from moored vessels.
 
Decision to adopt the
“Policy for the Enforcement of the Clean Air Act
1993”.
 
Following changes to the
Clean Air Act 1993 (through the Environment Act 2021) local
authorities (LAs) may now issue financial penalties for breaches of
the Act.  The fine levels are set within
the Act between £175 and £300 but LAs can determine the
level of financial penalty to be issued.  The decision has been taken that financial
penalties of £175 will be issued for first time offences,
rising to £300 for subsequent breaches.  Note: financial penalties will only be issued
following the provision of advice and guidance to offenders and
where there continues to be offences committed, in spite of this
graduated approach.  This approach is
detailed with the “Policy for the Enforcement of the Clean
Air Act 1993” that has also been adopted as part of this
decision-making process.
 
A decision was also taken
not to rescind the existing Smoke Control Order (SCO) for Kirklees
and issue a new SCO covering Kirklees that would enable the
enforcement of new provisions relating to the emission of smoke
from chimneys of moored vessels (which is now an offence under the
Act).  This decision was taken due to
the complexities involved in needing to undertake a formal
consultation process and then rescind/reissue the SCO for
Kirklees.  Based on the limited number
of moored vessels located within Kirklees Council’s Borough,
this is not believed to be justified at this time.  However, emissions from moored vessels and general
air quality in localities close to the marinas in Kirklees, will be
monitored.  Where local air quality is
poor and/or it is deemed to be affected by emissions from such
vessels, this decision will be reviewed.
 

Content

To set the financial
penalties associated with offences committed under the Clean Air
Act 1993 (as amended) to £175 for a first offence, rising to
£300 for subsequent offences.
 
Adoption of the
“Policy for the Enforcement of the Clean Air Act
1993”.
 
Decision was taken not to
rescind and reissue the Smoke Control Order (SCO) for Kirklees
Borough so as to incorporate the enforcement of Clean Air Act 1993
offences relating to smoke from chimneys of moored
vessels.  This decision shall be kept
under review.