S.I. No. 29/2008 - Safety, Health and Welfare at Work Act 2005 (Quarries) (Repeals and Revocations) (Commencement) Order 2008


S.I. No. 29 of 2008

SAFETY, HEALTH AND WELFARE AT WORK ACT 2005 (QUARRIES) (REPEALS AND REVOCATIONS) (COMMENCEMENT) ORDER 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 19th February, 2008.

I, BILLY KELLEHER, Minister of State at the Department of Enterprise, Trade and Employment, in exercise of the powers conferred on me by sections 1(2) and 4(3) of the Safety, Health and Welfare at Work Act 2005 (No. 10 of 2005) and the Enterprise, Trade and Employment (Delegation of Ministerial Functions) (No. 3) Order 2007 ( S.I. No. 561 of 2007 ), and after consultation with the Health and Safety Authority, hereby order as follows:

1. This Order may be cited as the Safety, Health and Welfare at Work Act 2005 (Quarries) (Repeals and Revocations) (Commencement) Order 2008.

2. The first day of May 2008 is appointed as the day on which section 4(2) of the Safety, Health and Welfare at Work Act 2005 (No. 10 of 2005) shall come into operation for the purpose of—

(a) repealing the Mines and Quarries Act, 1965 (No. 7 of 1965) in so far as that Act relates to quarries, and

(b) revoking all orders, regulations and rules made under that Act in so far as they relate to quarries.

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GIVEN under my hand,

14 February 2008

BILLY KELLEHER

Minister of State at the Department of Enterprise, Trade and Employment.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The purpose of this Order (as provided for in sections 1(2) and 4(2) of the Safety, Health and Welfare at Work Act 2005 (No. 10 of 2005)) is to activate the repeal of the Mines and Quarries Act, 1965 (No. 7 of 1965) in so far as that Act relates to quarries (including Sections 23 to 29, 91 to 97 and 133(2) and (3)) and to revoke all Regulations, Orders and Rules made under that Act as they relate to quarries.

The instruments in the latter category comprise—

(i)Mines and Quarries (Reference) Rules 1970 ( S.I. No. 75 of 1970 ),

(ii)Mines and Quarries Act, 1965 (Birth Certificates) Regulations, 1970 ( S.I. No. 110 of 1970 ),

(iii)Mines and Quarries (Notification of Diseases) Order, 1971 ( S.I. No. 61 of 1971 ),

(iv)Mines and Quarries Inquiries (Draft Regulations) Rules, 1971 ( S.I. No. 219 of 1971 ),

(v)Quarries (Explosives) Regulations, 1971 ( S.I. No. 237 of 1971 ), the whole Regulations not previously revoked,

(vi)In the Mines and Quarries (General Register) Regulations, 1974 ( S.I. No. 97 of 1974 )—

(a) the words “and quarries” wherever they appear,

(b) in Regulation 4 the words “and quarry”, and

(c)in Regulations 5, 6, 7 8 and 9 and the Schedule the words “or quarry” wherever they appear,

(vii)Quarries (General) Regulations, 1974 ( S.I. No. 146 of 1974 ), the whole Regulations, not previously revoked, and

(viii)Quarries (Explosives) (Amendment) Regulations, 1976 ( S.I. No. 1 of 1976 ).

The overall objective of the Order is to avoid overlapping or duplication between the repealed and revoked provisions and the Safety, Health and Welfare at Work (Quarries) Regulations 2008 from the coming into operation of the latter on 1 May 2008 and to remove from the statute book other provisions which are obsolete.