S.I. No. 282/1988 - Special Control Area (Ballyfermot) Order, 1988 (Confirmation) Order, 1988.

S.I. No. 282 of 1988.

SPECIAL CONTROL AREA (BALLYFERMOT) ORDER, 1988 (CONFIRMATION) ORDER, 1988.

The Minister for the Environment, in exercise of the powers conferred on him by section 41 of the Air Pollution Act, 1987 , hereby orders as follows:—

1. This Order may be cited as the Special Control Area (Ballyfermot) Order, 1988 (Confirmation) Order, 1988.

2. The Order made on the 18th day of April, 1988, by the Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin under the provisions of sections 39 and 40 of the Air Pollution Act, 1987 and which is set out in the Schedule hereto is hereby confirmed subject to the modification that the following paragraph shall be substituted for paragraph 4:

"4. In any fireplace in the special control area, only the following fuels may be burnt:

( a ) any fuel specified in Schedule 2 to this order,

( b ) any authorised fuel,

( c ) any other fuel provided the fuel is burnt in an authorised fireplace and subject to any conditions that may be specified in relation to that fireplace."

3. The 31st day of May, 1989 is hereby specified as the date on which the Order referred to in article 2 shall come into operation.

SCHEDULE.

SPECIAL CONTROL AREA (BALLYFERMOT) ORDER, 1988.

Whereas it appears to them, having had regard to the matters referred to in subsection (2) of section 39 of the Air Pollution Act, 1987 (No. 6 of 1987) and Report No. 74/1988 of Assistant City Manager (D. Byrne) in this regard, that the area described in the First Schedule to this order should, in order to limit air pollution, be declared to be a special control area, the Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin, in exercise of the powers conferred on them by sections 39 and 40 of the said Act, hereby order as follows and resolve that the City Seal be affixed to any necessary documents:

1. This Order shall be cited as the Special Control Area (Ballyfermot) Order, 1988.

2. The area described in Schedule 1 to this order and shown in the map Index No. 11151 deposited at City Hall, Dublin 2 is hereby declared to be a special control area for the purposes of the Air Pollution Act, 1987 (No. 6 of 1987) and is hereinafter referred to as 'the special control area'.

3. The pollutant with which this order is concerned is smoke.

4. A fuel other than those of the type specified in Schedule 2 to this order or other than any authorised fuel shall not be burnt at any time in any fireplace in the special control area.

5. No straw, vegetation or waste shall be burnt at any time in the special control area.

Nothing in this order shall prohibit the use of electricity in a premises for heating or any other purpose.

SCHEDULE 1

DESCRIPTION OF THE SPECIAL CONTROL AREA.

The part of Ballyfermot in the County Borough of Dublin comprising 50.65 acres or thereabouts, bounded by a line commencing at the point at the intersection of the centre line of Ballyfermot Road and the centre line of Garryowen Road (hereinafter referred to as 'the first mentioned point') to a point at which it intersects the centre line of Landen Road and continuing in a southerly direction along the boundary between premises number 321 Landen Road and premises 323 Landen Road to the rere boundary of these premises the property of Iarnrod Éireann to the south of the said premises. From this intersection, the boundary runs in a westerly direction, along the southern or rere property boundaries of the premises number 323 to number 453 (inclusive) Landen Road (odd numbers only), which boundary adjoins the property of Iarnrod Éireann on the south side. The boundary continues in this westerly direction until it intersects the centre line of Kylemore Road and thence proceeds in a northerly direction along the centre line of Kylemore Road to a point on the traffic island at the junction of Ballyfermot Road and Kylemore Road. From this point the boundary runs in an easterly direction along the centre line of Ballyfermot Road to the first mentioned point as more particularly shown on map Index No. 11151.

SCHEDULE 2

FUELS SPECIFIED FOR BURNING IN THE SPECIAL CONTROL AREA.

Any liquid fuel

Any gaseous fuel

Anthracite

Briquetted fuels carbonised in the process of manufacture

Low temperature carbonisation coals

Coke.

Present when the Corporate Seal of the Cor

poration was affixed hereto, The Right Honour

able THE LORD MAYOR also being present.

GIVEN under the Official Seal of the Minister for the Environment

this 8th day of November, 1988.

PÁDRAIG FLYNN,

Minister for the Environment.

EXPLANATORY NOTE.

This order confirms with modification the Special Control Area (Ballyfermot) Order, 1988 made by Dublin Corporation designating part of Ballyfermot a special control area within the meaning of the Air Pollution Act, 1987 .