S.I. No. 292/1989 - Special Control Area (Ballyfermot Area C) Order 1989 (Confirmation) Order, 1989.

S.I. No. 292 of 1989.

SPECIAL CONTROL AREA (BALLYFERMOT AREA C) ORDER 1989 (CONFIRMATION) ORDER, 1989.

In exercise of the powers conferred on the Minister for the Environment by section 41 of the Air Pollution Act, 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. This Order may be cited as the Special Control Area (Ballyfermot Area C) Order 1989 (Confirmation) Order, 1989.

2. The Order made on the 6th day of March, 1989, by the Right Honourable the Lord Mayor, Alderman 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 following modifications:

( a ) The substitution of the following paragraph for paragraph 4:—

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

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

(ii) 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.";

( b ) In paragraph 5 the addition of "— Area C" after "Special Control Area"; and

( c ) The following fuel shall be included in part (a) of Schedule 2:—

"Rheinbraun union coal nuggets/briketts".

3. The 31st day of May, 1990 is hereby specified as the date on which the Order referred to in article 2 of this Order shall come into operation.

Dated this 9th day of November, 1989.

MARY HARNEY,

Minister of State at the

Department of the

Environment.

SCHEDULE

Special Control Area (Ballyfermot Area C) Order 1989.

Whereas it appears to them, having had regard to the matters referred to in sub-section (2) of section 39 of the Air Pollution Act, 1987 (No. 6 of 1987) and report No. 68/1989 of the Assistant City Manager 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, Alderman 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:—

1. This order shall be cited as the Special Control Area (Ballyfermot Area C) Order 1989.

2. The area described in the First Schedule to this order and shown in the map Index No. 11151/5 deposited at City Hall, Dublin 2 is hereby declared to be a special control area for the purposes of the Air Pollution Act, 1987 and is hereinafter referred to as 'the special control area — Area C'.

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

4. A fuel other than those of the type specified in the Second Schedule 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.

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

Present when the Corporate Seal

of the Corporation was affixed here to,

THE RIGHT HONOURABLE THE DEPUTY LORD MAYOR

also being present.

SCHEDULE 1

Description of the Special Control Area.

Commencing at the point where the centre line of Ballyfermot Road intersects the Dublin County Borough boundary, the boundary of Area 'C' runs in an easterly direction along the centre line of Ballyfermot Road to the point at which it intersects the centre line of Kylemore road on the traffic island at the junction of Ballyfermot Road and Kylemore Road. From this point the boundary runs in a southerly direction along the centre line of Kylemore Road until it joins the centre line of the Grand Canal. From this point it runs in a westerly direction along the centre line of the Grand Canal to the point where it joins the Dublin County Borough boundary and continues coincident with the Dublin County Borough boundary to the point of commencement.

SCHEDULE 2

Fuels specified for burning in the Special Control Area — the Area C

( a ) Any liquid fuel.

Any gaseous fuel.

Anthracite.

Briquetted fuels carbonised in the process of manufacture.

Low temperature carbonisation coals.

Coke.

Bord na Mona Peat Briquettes.

( b ) Any other fuel authorised by the Minister.

EXPLANATORY NOTE.

This order confirms with modification the Special Control Area (Ballyfermot Area C) Order, 1989 made by Dublin Corporation designating part of Ballyfermot a special control area within the meaning of the Air Pollution Act, 1987 .