S.I. No. 123/1990 - Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) Regulations, 1990.

S.I. No. 123 of 1990.

AIR POLLUTION ACT, 1987 (MARKETING, SALE AND DISTRIBUTION OF FUELS) REGULATIONS, 1990.

In exercise of the powers conferred on the Minister for the Environment by section 10 , 14 and 53 of the Air Pollution Act, 1987 (No. 6 of 1987), which said powers are delegated to me by the Environment (Delegation of Ministerial Functions) Order, 1989 ( S.I. No. 270 of 1989 ), I, Mary Harney, Minister of State at the Department of the Environment, hereby make the following Regulations:—

1. (1) These Regulations may be cited as the Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) Regulations, 1990.

(2) These Regulations shall come into operation on the 1st day of September, 1990.

2. In these Regulations:—

a reference to an International Standard is a reference to a standard published by the International Organisation for Standardisation;

"fuel merchant" means any person who carries out solely or mainly the business of the wholesaling or retailing of solid fuels;

"restricted area of Dublin" means the county borough of Dublin together with the administrative county of Dublin other than the excluded areas of that county specified in the Schedule to these Regulations;

"vehicle" includes a horse drawn vehicle and any trailer attached to a vehicle.

3. (1) A person shall not place on the market, sell or distribute within the restricted area of Dublin—

( a ) any solid fuel having a sulphur content greater than 1.5% by weight on a dry ash-free basis,

( b ) any coal having a gross calorific value greater than, or equal to, 24 Megajoules per kilogram on a moist ash-free basis which contains more than 14% volatile matter by weight on a dry ash-free basis,

( c ) any admixture of the coal referred to in paragraph (b) of this sub-article with any other coal or fuel, or

( d ) any manufactured fuel containing the coal referred to in paragraph (b) of this sub-article where such manufactured fuel contains more than 14% volatile matter by weight on a dry ash-free basis save where such fuel has a smoke emission rate of not more than 10 grams per hour.

(2) Notwithstanding sub-article (1) of this article, nothing in these Regulations shall prohibit—

( a ) the transport or storage by a fuel merchant or any person acting on behalf of such merchant of any fuel within the restricted area of Dublin which is for placing on the market, for sale, or for distribution outside that area, saving only that a person may not transport any of the fuels referred to in sub-article (1) of this article on a vehicle within the restricted area of Dublin while that vehicle is being used for the purpose of sale or distribution of other fuels within that area, or

( b ) the taking of orders within the restricted area of Dublin by a fuel merchant in respect of any fuel which is for delivery outside that area by such merchant or any person acting on behalf of such merchant.

4. For the purposes of these Regulations—

(1) the sulphur content of a solid fuel shall be determined by the method for the time being specified in International Standard reference ISO 351;

(2) the gross calorific value of coal shall be determined by the method for the time being specified in International Standard reference ISO 1928 and the moisture level for the purposes of expressing gross calorific value on a moist ash-free basis shall be the level corresponding to moisture holding capacity as determined by the method for the time being specified in International Standard reference ISO 1018;

(3) the volatile matter content of any coal or other fuel shall be determined by the method for the time being specified in International Standard reference ISO 562;

(4) the smoke emission rate of a manufactured fuel shall be determined by the method for the time being specified by EOLAS, the Irish Science and Technology Agency, under reference No. 033679;

(5) the ash content of any coal or other fuel shall be determined by the method for the time being specified in International Standard reference ISO 1171;

(6) the method to be used for calculating analyses of fuels to different bases shall be the method for the time being specified in International Standard reference ISO 1170.

5. A fuel merchant who, at any premises located within the restricted area of Dublin, stores for the purpose of placing on the market, sale or distribution any of the fuels referred to in sub-article (1) of article 3 of these Regulations shall maintain a register in which shall be entered—

( a ) on the day of coming into operation of these Regulations and on the last day of every month, details of the quantity of each such fuel stored at the premises on that day, and

( b ) each day upon which the premises is open for business, details of any transport of any such fuel from the premises, including the name and address of the person who transported the fuel, the quantity of each fuel transported, and the destination to which it was transported.

6. The owner or other person for the time being in charge of any vehicle which is used for the transport of any of the fuels referred to in sub-article (1) of article 3 of these Regulations within the restricted area of Dublin shall retain on the vehicle—

(i) a statement of the quantity of each such fuel on the vehicle and the name and address of the person who supplied the fuel, and

(ii) a statement of the destination of the fuel.

7. (1) These Regulations shall be enforced—

( a ) in the county borough of Dublin, by the Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin,

( b ) in the county of Dublin (other than that part of the county as consists of the borough of Dun Laoghaire), by the Council of the County of Dublin, and

( c ) in the borough of Dun Laoghaire, by the Corporation of Dun Laoghaire.

(2) The local authorities referred to in sub-article (1) of this article may authorise in writing any person, hereinafter referred to as an "authorised person", for the purposes of the enforcement of these Regulations.

(3) Every authorised person shall be furnished with a certificate of his authorisation and when exercising any power provided by or under these Regulations, the authorised person shall, if requested by any person affected, produce the certificate to that person.

(4) An authorised person may, in respect of any vehicle or any premises which, in his opinion, is being used in connection with the placing on the market, sale or distribution of solid fuel within the restricted area of Dublin—

( a ) inspect and take samples of any solid fuel on the vehicle or at the premises,

( b ) inspect such records or such documents as the authorised person, having regard to all the circumstances, considers necessary for the purposes of these Regulations, or

( c ) require from the owner or occupier of the premises or from any other person on the premises, or require from the owner or other person who appears for the time being to be in charge of the vehicle, such information as the authorised person, having regard to all the circumstances, considers necessary for the purposes of these Regulations.

(5) A person shall not obstruct an authorised person in the exercise of his powers under these Regulations or wilfully withhold any information which the authorised person requires.

8. (1) Where an authorised person takes a sample of any solid fuel from any vehicle or premises pursuant to these Regulations, he shall—

( a ) forthwith notify an appropriate person that a sample has been so taken and give a receipt in resepct of the sample to the appropriate person, and

( b ) at the time of taking the sample, attach to the sample's container or packaging, as appropriate, a label specifying the date on which the sample was taken and an appropriate identification number for that sample.

(2) In this article "appropriate person" means the owner or occupier of or any other person who appears for the time being to be in charge of the premises at which the sample is taken, or the owner of or other person who appears for the time being to be in charge of the vehicle from which the sample is taken.

(3) Any evidence given or to be given in respect of any test, examination or analysis of any sample of fuel taken pursuant to these Regulations shall identify such sample by reference to its identification number and shall be evidence in relation to that sample, without further proof, of the result of the test, examination or analysis, until the contrary is shown.

9. The Air Pollution Act, 1987 (Retail Sale of Fuels) Regulations, 1989 are hereby revoked with effect from the 1st day of September, 1990.

SCHEDULE

Excluded areas of the administrative county of Dublin

1. The District Electoral Divisions of—

2. That part of the District Electoral Division of Swords— Lissenhall situated north of the Broad Meadow River.

3. That part of the District Electoral Division of Glencullen situated west of an imaginary line drawn as follows:—

Commencing at the junction of Slate Cabin Lane and Woodside Road, thence in a south-easterly direction and proceeding along Woodside Road and Ballyedmonduff Road to the county boundary at Glencullen Bridge.

4. That part of the District Electoral Division of Bohernabreena situated south of an imaginary line drawn as follows:—

Commencing at the junction of Kiltipper Road and Ballymana Lane, thence in an easterly direction to the junction of Daltree Road and Oldcourt Road.

Dated this 21st day of May, 1990.

MARY HARNEY,

Minister of State at the Department

of the Environment.

EXPLANATORY NOTE.

These Regulations bring into effect from the 1st September, 1990 a prohibition on the marketing, sale and distribution of bituminous coals within the restricted area of Dublin and set certain standards for allowable fuels within that area. The prohibition does not apply to certain operations involving the storage of prohibited fuels within the area and their transport or delivery through the area. The Regulations make provision for their enforcement by Dublin Corporation, Dublin County Council and Dun Laoghaire Corporation within their respective functional areas and provide controls in that regard (keeping and examination of records etc.).

The Regulations also revoke, with effect from 1st September, 1990, the Air Pollution Act, 1987 (Retail Sale of Fuels) Regulations, 1989 which require retailers of bituminous coals within the built-up area of Dublin to have a supply of one or more specified solid fuels for sale by retail.