STATUTORY INSTRUMENTS

S.I. No. 111 of 2003

AIR POLLUTION ACT, 1987 (MARKETING, SALE AND DISTRIBUTION OF FUELS) (AMENDMENT) REGULATIONS, 2003

Dublin

Published by the Government Supplies Agency

S.I. No. 111 of 2003

Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) (Amendment) Regulations 2003

The Minister for the Environment and Local Government in exercise of the powers conferred on him by sections 10, 14 and 53 of No. 6 of 1987 ) hereby makes the following Regulations:-

Citation

1.        (1)       These Regulations may be cited as the Air Pollution Act 1987 (Marketing, Sale and Distribution of Fuels) (Amendment) Regulations 2003.

(2)       These Regulations, S.I. No. 118 of 1998 ) and the Air Pollution Act 1987 (Marketing, Sale and Distribution of Fuels) (Amendment) Regulations 2000 ( S.I. No. 278 of 2000 ) shall be construed together as one and may be collectively cited as the Air Pollution Act 1987 (Marketing, Sale and Distribution of Fuels) Regulations 1998 to 2003.

Entry into Force

2.        These Regulations shall come into operation on the 1^st day of October, 2003.

Amendment to 1998 Regulations

3.        The First Schedule to the Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) Regulations, 1998 ( S.I. No. 118 of 1998 ) is hereby amended by the addition of the following:-

“Restricted Area of Bray

The town of Bray together with the included area of the administrative county of Wicklow.

The included area of the administrative county of Wicklow is:-

In the District Electoral Division No. 3, the townland of Kilruddery.

Restricted Area of Kilkenny

The borough of Kilkenny together with the included area of the administrative county of Kilkenny.

The included area of the administrative county of Kilkenny is all that area comprised between the existing borough boundary and an imaginary line drawn as follows:-

From the point at the junction of the Dublin Road (N10) with Sion Road (LP280) travelling through the townland of Middleknock in a south-west direction along Sion Road, then turning and travelling south-east for a total distance of 375m. then changing direction when entering the townland of Sionhermitage at Peace and Christ (Sion House) and travelling through its grounds in a south-west direction for a distance of 325m to where it exits the townland of Sionhermitage, then crossing the south section of the townland of Quarryland for a distance of 155m to enter the townland of Archersgrove at Ossory Bridge, then travelling south along the east side of the Ring Road N10 until crossing the Bennettsbridge Road (R700), then entering the townland of Gallowshill and travelling in an arc in a south-west direction along the south side of the Ring Road for a distance of 635m to the townland boundary of Gallowshill and Loughboy at the local secondary road LS6701-0, then changing direction and travelling south for a distance of 70m, west for a distance of 75m then north for a distance of 45m to meet the Ring Road N10, then travelling along the arc of the Ring Road N10 in a south-west direction along its south side through the townlands of Loughboy, Springhill and Smithland South to its junction with the Waterford Road (N10) roundabout, then changing direction and travelling in a south-east direction along the east boundary of Springmount residential estate, then changing direction and travelling in a south-west direction along its south boundary for a distance of 230m to where it intersects the west side of the Waterford Road (N10), then continuing in a northward direction along the west side of the N10 to the south side of its junction with the Waterford Road roundabout, then changing direction and travelling in a west-north-west direction along the south side of the arc of the national secondary road N76 through the townland of Smithsland North, then entering the townland of Reviewfields at its junction with the Kells Road (R697) and continuing along the west side of the Ring Road N76 in a north-north-west direction through the townlands of Reviewfields, Ardscradaun and Archersleas for a distance of 660m to the south side of the junction with the Callan Road (N76), then travelling along the south side of the N76 for a distance of 165m, then turning and travelling south-south-west for a distance of 90m, then turning direction and travelling south-west for a distance of 95m then north-west for a distance of 60m to the townland boundaries of Archersleas and Wetland, then continuing along the townland boundaries of Archersleas with Wetland and Margarets Fields in a south-west direction for a distance of 280m until meeting the boundary of the Gate Lodge of Seville Lodge, then travelling along its perimeter south-west for a distance of 35m. then travelling west-south-west for a distance of 25m, then travelling north-west for a distance of 27m to the N76 and continuing to travel in a south-west direction along the townland boundaries of Archersleas and Margarets Fields until reaching the junction with local secondary road LS6695-11, then changing direction at the intersection of the townland boundaries of Archersleas, Shellumsrath, and Margarets Fields and travelling in a north-west direction along the boundaries of Margarets Fields and Shellumsrath, then crossing local secondary road LS255 and continuing to travel in a north-north-west direction along the townland boundaries of Poulgour with Clonmoram and Mortgage Fields and continuing to travel in a north-north-west direction along the boundaries of the townlands of Poulgour with Drakeland Middle and Drakeland Lower with Drakeland Middle until intersecting the regional road R695 at the local secondary road LS6695-0 and travelling for a distance of 25m along the R695 north-east between the townland boundaries of Dicksborough and Drakeland Lower, then turning and travelling north along the boundaries of the townlands of Dicksborough and Kilcreen, then continuing to travel north for a distance of 127m between the townlands of Palmerstown and Discksborough, then turning and travelling in a west-south-west direction along their boundaries, then travelling in a north-north-west direction along the boundary of the townland of Palmerstown with Holdensrath for a distance of 275m until turning and travelling in a north-easterly direction along the extent of both their boundaries, then changing direction at this point and travelling in a north-west direction along the boundaries of the townlands of Palmerstown with Holdensrath, then travelling north along the local tertiary road LT856 along the west boundary of the townland of Palmerstown to the junction of the local primary road LP1007-75, then turning and travelling east along the local primary road LP288 along its boundary with the townland of Deerpark, then turning direction at the south east corner of the townland of Deerpark and travelling in a north-west direction along its west boundary with the townlands of Loughmacask, Lousybush and Raheennagun until reaching Dunningstown Road (LP2600-11), then travelling north-west along Dunningstown Road along the boundary of the townland of Coolgrange with Deerpark, then turning and travelling in a north-east direction along the boundaries of the townlands of Coolgrange with Bishopsfurze and Burntfurze, then travelling east along the north boundary of the townland of Coolgrange to the local secondary road LS6600-0, then turning and travelling south to its junction with the regional road R693 and continuing south-east along the boundary of the townland of Troyswood with the townland of Talbotsinch, then travelling in an east direction along the boundaries of the townlands of Talbotsinch and Loughmerans for a distance of 530m, then turning direction and travelling in a north-east direction for a distance of 40m through the townland of Loughmerans, then travelling north along the local secondary road LS264 for a distance of 60m, then turning and travelling north-east along the south boundary of the townland of Loughmerans and the north boundary of the townland of Dunmore, then turning south at the intersection with the national secondary road N77 and travelling south on the N77 for a distance of 105m along the boundary of the townland of Dunmore, then changing direction at this point and travelling east for a distance of 405m through the townland of Baun until crossing the Ballyfoyle Road (LP271), then continuing to travel south-east in an arc along the proposed Ring Road extension for a distance of 710m through the townland of Bonnettsrath and crossing the local secondary road LS176 as it exits the townland, then continuing to travel in a south-east direction through the townland of Neworchard along an arc of length 790m until crossing New Orchard local primary road (LP269), then continuing to travel in a south-south-east direction for a distance of 245m along proposed Ring Road Extension until exiting the townland of New Orchard, then continuing to travel in a south-south-east direction for a distance of 485m through Newpark Upper townland until crossing Johnswell Road (LP251), then continuing south for a distance of 60m until exiting the townland of Newpark Upper, then continuing south for a distance of 575m through the townland of Garringreen and intersecting the Hebron Road (LP243). then continuing in an arc in a south-south-west direction along the proposed Ring Road extension for a distance of 185m through the townland of Blanchfieldsland, then entering the townland of Leggetsrath West and continuing along the proposed Ring Road extension in a south-south-west direction for a distance of 625m. then changing direction and travelling in a south-east direction for a distance of 220m until reaching the rail tracks, then crossing the tracks at this point and continuing south for a distance of 150m until reaching the first mentioned point.

Restricted Area of Sligo

The borough of Sligo together with the included areas of the administrative county of Sligo.

The included areas of the administrative county of Sligo are:-

in the District Electoral Division of Sligo, Strandhill, the townlands of:-

Knappaghmore

Finisklin

Ballydoogan.

Restricted Area of Tralee

The town of Tralee together with the included areas of the administrative County of Kerry.

The included areas of the administrative County of Kerry are:-

1.        In the District Electoral Division of Ballyseedy, that part of the townland of Caherweesheen, from the town boundary on the N70 to Skehanagh Cross west along the L12011 to Watson's Cross at the town boundary.

2.        In the District Electoral Division of Rathass, the townland of Ballinorig East.

3.        In the District Electoral Division of Tralee Rural, the townland of Killeen.

4.        In the District Electoral Division of Tralee Rural that part of the townland of Lisloose from the junction of the R556 and the L 6093 (Bullock Hill) west along the town boundary of the Sunday's Well housing scheme and then north to the L6093 (Bullock Hill) and east to the junction of the R556 and the L6093.

5.        In the District Electoral Division of Tralee Rural, that part of the townland of Ballynahoulourt from the town boundary on the disused railway line north to where it branches off to the disused Fenit railway line and then south along the boundary of the Grove housing scheme and east of the town boundary as far as the disused railway line.

6.        In the District Electoral Division of Clogherbrien, that part of the townland of Clogherbrien from the roundabout at Mounthawk west along the R558 to the townland boundary of Ballyenaghy and then south-east along the townland boundary of Ballyenaghy as far as the town boundary.”.

EXPLANATORY NOTE

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

These Regulations amend the Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) Regulations, 1998 ( S.I. No. 118 of 1998 ).

The regulations provide for the introduction of the ban on the marketing, sale and distribution of bituminous coal to four additional restricted areas in Bray, Kilkenny, Sligo and Tralee.

The Regulations come into force on 1 October 2003.