S.I. No. 403/1994:

AIR POLLUTION ACT, 1987 (MARKETING, SALE AND DISTRIBUTION OF FUELS) (CORK) REGULATIONS, 1994.

AIR POLLUTION ACT, 1987 (MARKETING, SALE AND DISTRIBUTION OF FUELS) (CORK) REGULATIONS, 1994.

In exercise of the powers conferred on the Minister for the Environment by sections 10,14 and 53 of the Air Pollution Act, 1987 (No. 6 of 1987), which said powers are delegated to me by the Environment (Delegation of Ministerial Functions) Order, 1993 ( S.I. No. 127 of 1993 ), I, JOHN BROWNE, Minister of State at the Department of the Environment, hereby make the following Regulations:--

1. (1) These Regulations may be cited as the Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) (Cork) Regulations, 1994.

(2) These Regulations shall come into operation on the 13th day of February, 1995.

2. In these Regulations--

a reference to an International Standard is a reference to a standard published by the International Organisation for Standardisation;

"fuel merchant" means any person who carries out solely or mainly the business of the wholesaling or retailing of solid fuels;

"restricted area of Cork" means the county borough of Cork together with the included areas of the administrative county of Cork specified in the Schedule to these Regulations;

"vehicle" includes a horse drawn vehicle and any trailer attached to a vehicle.

3. (1) A person shall not place on the market, sell or distribute within the restricted area of Cork--

( a ) any solid fuel having a sulphur content greater than 2% by weight on a dry ash-free basis,

( b ) any coal having a gross calorific value greater than, or equal to, 24 Megajoules per kilogram on a moist ash-free basis which contains more than 14% volatile matter by weight on a dry ash-free basis,

( c ) any admixture of the coal referred to in paragraph (b) of this sub-article with any other coal or fuel, or

( d ) any manufactured fuel containing the coal referred to in paragraph (b) of this sub-article where such manufactured fuel contains more than 14% volatile matter by weight on a dry ash-free basis save where such fuel has a smoke emission rate of not more than 10 grams per hour.

(2) Notwithstanding sub-article (1) of this article, a fuel merchant or any person acting on behalf of such merchant may transport any of the fuels referred to in sub-article (1) of this article within the restricted area of Cork provided

(i) that such fuels are so transported on or in a vehicle in a total quantity of not less than 3 metric tonnes in weight at any one time, and

(ii) that such vehicle is not being used at the same time within that area for the sale or distribution of any other fuels.

4. . For the purposes of these Regulations--

(1) the sulphur content of a solid fuel shall be determined by the method for the time being specified in International Standard reference ISO 351;

(2) the gross calorific value shall be determined by the method for the time being specified in International Standard reference ISO 1928 and the moisture level for the purposes of expressing gross calorific value on a moist ash-free basis shall be the level corresponding to moisture holding capacity as determined by the method for the time being specified in International Standard reference ISO 1018;

(3) the volatile matter content shall be determined by the method for the time being specified in International Standard reference ISO 562;

(4) the smoke emission rate of a manufactured fuel shall be determined by the method for the time being specified by Forbairt, the Irish Science and Technology Agency, under reference No. 033679;

(5) the ash content of a solid fuel shall be determined by the method for the time being specified in International Standard reference ISO 1171;

(6) the method to be used for calculating analyses of fuels to different bases shall be the method for the time being specified in International Standard reference ISO 1170.

(7) Forbairt is hereby specified as a person to be responsible for the carrying out of any test, examination or analysis of any sample of fuel taken pursuant to these Regulations.

5. A fuel merchant who, at any premises located within the restricted area of Cork, stores for the purpose of placing on the market, sale or distribution any of the fuels referred to in sub-article (1) of article 3 of these Regulations shall maintain a register in which shall be entered--

( a ) on the day of coming into operation of these Regulations and on the last day of every month, details of the quantity of each such fuel stored at the premises on that day, and

( b ) each day upon which the premises is open for business, details of any transport of any such fuel from the premises, including the name and address of the person who transported the fuel, the quantity of each fuel transported, and the destination to which it was transported.

6. The owner or other person for the time being in charge of any vehicle which is used for the transport of any of the fuels referred to in sub-article (1) of article 3 of these Regulations within the restricted area of Cork shall retain on the vehicle--

(i) a statement of the quantity of each such fuel on the vehicle and the name and address of the person who supplied the fuel, and

(ii) a statement of the destination of the fuel.

7. (1) These Regulations shall be enforced--

( a ) in the county borough of Cork, by the Right Honourable the Lord Mayor, Aldermen and Burgesses of Cork, and

( b ) in the county of Cork, by the Council of the County of Cork.

(2) The local authorities referred to in sub-article (1) of this article may authorise in writing any person, hereinafter referred to as an "authorised person", for the purposes of the enforcement of these Regulations.

(3) Every authorised person shall he furnished with a certificate of his authorisation and when exercising any power provided by or under these Regulations, the authorised person shall, if requested by any person affected, produce the certificate to that person.

(4) An authorised person may, in respect of any vehicle or any premises which, in his opinion, is being used in connection with the placing on the market, sale or distribution of solid fuel within the restricted area of Cork--

( a ) inspect and take samples of any solid fuel on the vehicle or at the premises,

( b ) inspect such records or such documents as the authorised person, having regard to all the circumstances, considered necessary for the purposes of these Regulations, or

( c ) require from the owner or occupier of the premises or from any other person on the premises, or require from the owner or other person who appears for the time being to be in charge of the vehicle, such information as the authorised person, having regard to all the circumstances, considers necessary for the purposes of these Regulations.

(5) A person shall not obstruct an authorised person in the exercise of his powers under these Regulations or wilfully withhold any information which the authorised person requires.

8. (1) Where an authorised person takes a sample of any solid fuel from any vehicle or premises pursuant to these Regulations, the authorised person shall--

( a ) forthwith notify an appropriate person that a sample has been so taken and give a receipt in respect of the sample to the appropriate person, and

( b ) at the time of taking the sample, attach to the sample's container or packaging, as appropriate, a label specifying the date on which the sample was taken and an appropriate identification number for that sample.

(2) In this article "appropriate person" means the owner or occupier of or any other person who appears for the time being to be in charge of the premises at which the sample is taken, or the owner of or other person who appears for the time being to be in charge of the vehicle from which the sample is taken.

(3) Any evidence given or to be given in respect of any test, examination or analysis of any sample of fuel taken pursuant to these Regulations shall identify such sample by reference to its identification number and shall be evidence in relation to that sample, without further proof, of the result of the test, examination or analysis, until the contrary is shown.

9. The Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) (Cork) Regulations, 1993 ( S.I. No. 294 of 1993 ) are hereby revoked.

SCHEDULE

Included areas of the administrative county of Cork

1. The District Electoral Divisions of--

Ballincollig

Douglas

Inishkenny

Lehenagh

Rathcooney

2. That part of the District Electoral Divisions of Bishopstown and St. Mary's not within the county borough of Cork.

DATED this 5th day of December, 1994

JOHN BROWNE,

Minister of State at the Department

of the Environment.

EXPLANATORY NOTE.

These Regulations bring into effect from 13th February, 1995 a prohibition on the marketing, sale and distribution of bituminous coals within the restricted area of Cork and set certain standards for allowable fuels within that area. The prohibition does not apply to certain operations involving the storage of prohibited fuels within the area and their transport or delivery through the area. The Regulations also make provision for their enforcement by Cork Corporation and Cork County Council within their respective functional areas and provide controls in that regard (keeping and examination of records etc.).

The Regulations also revoke the Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) (Cork) Regulations, 1993 ( S.I. No. 294 of 1993 ) which prohibited the sale of slack and required retailers to have a supply of smokeless or low-smoke fuel for sale in the designated area of Cork.