S.I. No. 502/2018 - Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations 2018

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 30th November, 2018.

I, PAT BREEN, Minister of State at the Department of Business, Enterprise and Innovation, in exercise of the powers conferred on me by sections 36 and 37 (3) of the Dangerous Substances Act 1972 (No. 10 of 1972) (as adapted by the Jobs, Enterprise, Trade and Innovation (Alteration of Name of Department and Title of Minister) Order 2017 ( S.I. No. 364 of 2017 )) and the Business, Enterprise and Innovation (Delegation of Ministerial Functions) Order 2017 ( S.I. No. 569 of 2017 ), hereby make the following regulations:

1. (1) These Regulations may be cited as the Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations 2018.

(2) These Regulations shall come into operation on 1 January 2019.

2. The Dangerous Substances (Retail and Private Petroleum Stores) Regulations 1979 to 2016 and these Regulations may be cited together as the Dangerous Substances (Retail and Private Petroleum Stores) Regulations 1979 to 2018 and shall be construed together as one.

3. In these Regulations “Regulations of 2016” means the Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations 2016 ( S.I. No. 604 of 2016 ).

4. The Dangerous Substances (Retail and Private Petroleum Stores) Regulations 1979 ( S.I. No. 311 of 1979 ) are amended—

(a) in Regulation 4 (inserted by Regulation 3(f) of the Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations 1988 ( S.I. No. 303 of 1988 )), by substituting for paragraph (2) (inserted by Regulation 4(a) of the Regulations of 2016) the following:

“(2) Paragraph 1(i) of this Regulation shall apply from 1 January 2019 to 31 December 2020”,

and

(b) by substituting for Schedule 7 (inserted by Regulation 4(b) of the Regulations of 2016) the following:

“SCHEDULE 7

Regulation 4

FORM OF LICENCE TO KEEP PETROLEUM CLASS I AT RETAIL STORE OR PRIVATE STORE

Dangerous Substances (Retail and Private Petroleum Stores)

Regulations 1979 to 2018

Register No. ..............

Total quantity authorised ..............

Fee paid ..............

Licence to keep petroleum Class I at Retail Store/Private Store

Name of Licensing Authority ..............

Address of Licensing Authority ..............

Licensee’s Name ..............

Licensee’s Trade or Business......................................................................

Licensee’s Address ..............

Location of proposed petroleum Retail Store/Private Store

The ....................................................., being the licensing authority under the Dangerous Substances Act 1972 , grants this licence authorising petroleum Class I (petroleum spirit) to be kept for the period not exceeding

..................................................................... from ................................... 20.................., at the petroleum retail store/private store at the above-named location, subject to that Act and any order and regulations made under or continued by that Act and in force for the time being, and subject also to any applicable bye-laws and to the conditions annexed hereto.

Signed—

Date—

Conditions of issue of this licence—

(1) This store will not be eligible for a licence after 31 December 2020 unless it meets fully the requirements of the Dangerous Substances Act 1972 , the Dangerous Substances (Retail and Private Petroleum Stores) Regulations 1979 to 2018 and any subsequent Regulations amending those Regulations.

(2) The following conditions must be observed—

(a)

(b)

(c)

(d)

(e)”.

GIVEN under my hand,

22 November 2018.

PAT BREEN,

Minister of State at the Department of Business, Enterprise and Innovation.

EXPLANATORY NOTE

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

These Regulations amend the Dangerous Substances (Retail and Private Petroleum Stores) Regulations 1979 and extend, until 31 December 2020, the authority to license, in certain circumstances, petrol stations which were constructed before 28 September 1979.

These Regulations may be cited as the Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations 2018.