The following types of smoke are not covered by statutory nuisance laws:
- dark smoke from chimneys of buildings or from chimneys serving fixed boilers or industrial plants that are attached to buildings or on land
- smoke emitted from a chimney of a private dwelling within a smoke control area.
- smoke from steam trains
- smoke from premises occupied by the armed forces or visiting forces
Dark smoke from Industrial or Trade Premises can be dealt with under separate legislation called the Clean Air (Northern Ireland) Order 1981 and emissions from certain Industrial processes are controlled under The Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013.