Chemicals Act 2008

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Number 13 of 2008


CHEMICALS ACT 2008


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title and commencement.

2. Interpretation.

3. Service of notices.

4. Expenses.

PART 2

Regulations and Codes of Practice

5. Regulations.

6. Reviews of, and proposals regarding, relevant chemicals statutory provisions.

7. Codes of practice.

PART 3

National Authorities

8. National authorities.

9. Cooperation arrangements.

10. Fees for services.

PART 4

Enforcement

11. Appointment of inspectors.

12. Powers of inspectors.

13. Immunity and indemnification.

14. Directions for improvement plan.

15. Contravention notice.

16. Prohibition notice.

17. Contravention of prohibition notice — application to High Court.

18. Investigations and special reports.

19. Application to High Court regarding activity involving serious risk.

20. Prohibition and restriction on the movement of chemicals.

21. Evidence in proceedings.

22. Powers of officer of customs and excise to detain chemicals.

PART 5

Information

23. Dissemination of information in the public interest.

24. Publication of names of certain persons.

25. Protection for persons reporting breaches of Act.

26. Protection of employees from penalisation for reporting breaches of Act.

27. Power to require information.

28. Prohibition on unauthorised disclosure of information.

PART 6

Offences and Penalties

29. Offences.

30. Penalties.

31. Fixed payment notice.

32. Offences by bodies corporate.

33. Prosecution of offences.

PART 7

Miscellaneous

34. Appeal to Circuit Court from certain orders of District Court.

35. Notice or direction to be in writing.

36. Laying of regulations and orders before Houses of Oireachtas.

37. Amendment of Safety, Health and Welfare at Work Act 2005.


Acts Referred to

Companies Acts

Coroners Acts 1962 and 2005

Courts of Justice Act 1924

1924, No. 10

Customs Act 1956

1956, No. 7

Customs and Excise (Miscellaneous Provisions) Act 1988

1988, No. 10

Customs Consolidation Act 1876

39 & 40 Vict., c. 36

Data Protection Acts 1988 and 2003

Electronic Commerce Act 2000

2000, No. 27

Environmental Protection Agency Act 1992

1992, No. 7

European Communities Act 1972

1972, No. 27

European Communities Act 2007

2007, No. 18

Industrial Development Act 1993

1993, No. 19

Industrial Development (Enterprise Ireland) Act 1998

1998, No. 34

Petty Sessions (Ireland) Act 1851

14 & 15 Vict., c.93

Protection of the Environment Act 2003

2003, No. 27

Safety, Health and Welfare at Work Act 2005

2005, No. 10

Terms of Employment (Information) Act 1994

1994, No. 5

Unfair Dismissals Act 1977

1977, No. 10

Unfair Dismissals Acts 1977 to 2007

Waste Management Acts 1996 to 2003

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Number 13 of 2008


CHEMICALS ACT 2008


AN ACT TO REGULATE AND CONTROL THE MANUFACTURE, USE, PLACING ON THE MARKET, EXPORT, IMPORT, TRANSPORT, TESTING, STORAGE, CLASSIFICATION, LABELLING AND PACKAGING OF CHEMICALS; TO MAKE PROVISION IN RELATION TO MAJOR ACCIDENT HAZARDS, AND THE PREVENTION OF ACCIDENTS, INVOLVING CHEMICALS; FOR THOSE PURPOSES TO GIVE FURTHER EFFECT TO REGULATION (EC) NO. 304/2003 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 28 JANUARY 2003 CONCERNING THE EXPORT AND IMPORT OF DANGEROUS CHEMICALS 1 , REGULATION (EC) NO. 648/2004 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 31 MARCH 2004 ON DETERGENTS 2 AND REGULATION (EC) NO. 1907/2006 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 18 DECEMBER 2006 CONCERNING THE REGISTRATION, EVALUATION, AUTHORISATION AND RESTRICTION OF CHEMICALS (REACH) AND ESTABLISHING A EUROPEAN CHEMICALS AGENCY 3 ; TO CONFER POWER ON THE MINISTER FOR ENTERPRISE, TRADE AND EMPLOYMENT TO MAKE REGULATIONS FOR THE PURPOSE OF GIVING EFFECT TO CERTAIN PROVISIONS OF THE TREATIES GOVERNING THE EUROPEAN COMMUNITIES AND CERTAIN ACTS OF THE INSTITUTIONS OF THOSE COMMUNITIES; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH.

[9th July, 2008]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1OJ No. L 63, 6.3.2003, p. 1.

2OJ No. L 104, 8.4.2004, p. 1.

3OJ No. L 136, 29.5.2007, p. 3.