STATUTORY INSTRUMENTS.

S.I. No. 860 of 2004 .

DANGEROUS SUBSTANCES (RETAIL AND PRIVATE PETROLEUM STORES) (AMENDMENT) REGULATIONS 2004.

S.I. No. 860 of 2004 .

DANGEROUS SUBSTANCES (RETAIL AND PRIVATE PETROLEUM STORES) (AMENDMENT) REGULATIONS 2004.

I, TONY KILLEEN, Minister of State at the Department of Enterprise, Trade and Employment, in exercise of the powers conferred on me by sections 36 and 37(3) of the Dangerous Substances Act 1972 (No. 10 of 1972) and the Labour (Transfer of Departmental Administration and Ministerial Functions) Order 1993 ( S.I. No. 18 of 1993 ) (as adapted by the Enterprise and Employment (Alteration of Name of Department and Title of Minister) Order 1997 ( S.I. No. 305 of 1997 )) and the Enterprise, Trade and Employment (Delegation of Ministerial Functions) Order 2004 ( S.I. No 809 of 2004 ), hereby make the following regulations:

1. (1) These Regulations may be cited as the Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations 2004.

(2) These Regulations shall come into operation on 1 January 2005.

2. The Dangerous Substances (Retail and Private Petroleum Stores) Regulations 1979 to 2002 and these Regulations may be cited as the Dangerous Substances (Retail and Private Petroleum Stores) Regulations 1979 to 2004 and shall be read together as one.

3. In these Regulations--

“Principal Regulations” means the Dangerous Substances (Retail and Private Petroleum Stores) Regulations 1979 ( S.I. No. 311 of 1979 );

“Regulations of 1988” means the Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations 1988 ( S.I. No. 303 of 1988 );

“Regulations of 2002” means the Dangerous Substance (Retail and Private Petroleum Stores) (Amendment) Regulations ( S.I. No. 624 of 2002 ).

4. The Principal Regulations are amended--

(a) in Regulation 4 (substituted by Regulation 3(f) of the Regulations of 1988) by substituting the following for paragraph (2) (inserted by Regulation 4(a) of the Regulations of 2002):

“(2) Paragraph (1)(i) of this Regulation shall apply from 1 January 2005 to 31 December 2006.”,

and

(b) by substituting the following for Schedule 7 (substituted by Regulation 4(b) of the Regulations of 2002):

“SCHEDULE 7

Regulation 4

FORM OF LICENCE TO KEEP PETROLEUM CLASS 1 AT RETAIL STORE OR PRIVATE STORE

Dangerous Substances (Retail and Private Petroleum Stores) Regulations 1979 to 2004.

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 orders 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 2006 unless it meets fully the requirements of the Dangerous Substances Act 1972 , the Dangerous Substances (Retail and Private Petroleum Stores) Regulations 1979 to 2004 and any subsequent Regulations amending those Regulations.

(2) The following conditions must be observed--

a.

b.

c.

d.

e.

”.

EXPLANATORY NOTE.

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

These Regulations provide for the amendment of the Dangerous Substances (Retail and Private Petroleum Stores) Regulations 1979, as previously amended by the Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations 1988, the Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations 1999 and the Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations 2002. Under the Regulations, as adapted by section 29 of the Safety, Health and Welfare at Work Act 1989 ( No. 7 of 1989 ), a retail and private petroleum store requires to be licensed by the local or harbour authority or, where the store is owned by such authority, by the National Authority for Occupational Safety and Health.

The Regulations as amended, inter alia, provide for safety requirements in certain circumstances for petrol filling stations, constructed before the 1979 Regulations commenced, to enable them to be licensed to operate until 31 December, 2006.

Safety controls on management and operations are maintained.