Issue details

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.