S.I. No. 291/1989 - Special Control Area (Ballyfermot Area B) Order 1988 (Confirmation) Order, 1989.

S.I. No. 291 of 1989.

SPECIAL CONTROL AREA (BALLYFERMOT AREA B) ORDER 1988 (CONFIRMATION) ORDER, 1989.

In exercise of the powers conferred on the Minister for the Environment by section 41 of the Air Pollution Act, 1987 , which said powers are delegated to me by the Environment (Delegation of Ministerial Functions) Order, 1989 ( S.I. No. 270 of 1989 ), I, MARY HARNEY, Minister of State at the Department of the Environment, hereby make the following Regulations:—

1. This Order may be cited as the Special Control Area (Ballyfermot Area B) Order 1988 (Confirmation) Order, 1989.

2. The Order made on the 12th day of December, 1988, by the Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin under the provisions of sections 39 and 40 of the Air Pollution Act, 1987 and which is set out in the Schedule hereto is hereby confirmed subject to the following modifications:

( a ) The substitution of the following paragraph for paragraph 4:—

"4. In any fireplace in the special control area — Area B, only the following fuels may be burnt:

(i) any fuel specified in Schedule 2 to this order,

(ii) any other fuel provided the fuel is burnt in an authorised fireplace and subject to any conditions that may be specified in relation to that fireplace.";

( b ) In paragraph 5 the addition of "—Area B" after "Special Control Area"; and

( c ) The following fuel shall be included in part (a) of Schedule 2—

"Rheinbraun union coal nuggets/Briketts".

3. The 31st day of May, 1990 is hereby specified as the date on which the Order referred to in article 2 shall come into operation.

DATED this 9th day of November, 1989

MARY HARNEY,

Minister of State at the Department

of the Environment.

SCHEDULE

Special Control Area (Ballyfermot Area B) Order 1988

Whereas it appears to them, having had regard to the matters referred to in subsection (2) of section 39 of the Air Pollution Act, 1987 (No. 6 of 1987) and report No. 320/1988 of the Assistant City Manager in this regard, that the area described in the First Schedule to this order should, in order to limit air pollution, be declared to be a special control area, the Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin, in exercise of the powers conferred on them by sections 39 and 40 of the said Act, hereby order as follows:—

1. This order shall be cited as the Special Control Area (Ballyfermot Area B) Order 1988.

2. The area described in the First Schedule to this order and shown in the map Index No. 11151/3 deposited at City Hall, Dublin 2 is hereby declared to be a special control area for the purposes of the Air Pollution Act, 1987 (No. 6 of 1987) and is hereinafter referred to as 'the special control area — Area B'.

3. The pollutant with which this order is concerned is smoke.

4. A fuel other than those of the type specified in the Second Schedule to this order or other than any authorised fuel shall not be burnt at any time in any fireplace in the special control area.

5. No straw, vegetation or waste shall be burnt at any time in the Special Control Area.

6. Nothing in this article shall prohibit the use of electricity in a premises for heating or any other purpose.

Present when the Corporate Seal

of the Corporation was affixed here to,

THE RIGHT HONOURABLE THE DEPUTY LORD MAYOR

also being present.

Derek Kirwan
CITY HALL, DUBLIN	FRANK FEELY,
CORPORATION OFFICIAL	CITY MANAGER AND TOWN CLERK.

SCHEDULE 1

Description of the Special Control Area (Ballyfermot Area B) Order 1988

The part of Ballyfermot in the County Borough of Dublin comprising 75 acres or thereabouts, bounded by a red line commencing at the point at the intersection of the centre line of Garryowen Road and the centre line of Ballyfermot Road (hereinafter referred to as "the first mentioned point"), the boundary runs in an easterly direction along the centre line of Ballyfermot Road and along the centre line of Sarsfield Road to a point on the centre line of Sarsfield Road which is intersected by the northerly projection of the eastern boundary of premises 131, Sarsfield Road. From this point the boundary runs in a southerly direction along the eastern boundary of premises 131, Sarsfield Road and continues in the same direction along the eastern boundaries of premises 1 to 23 (inclusive) Landen Road (uneven numbers), to a point where this boundary intersects the boundary of the property of Iarnród Éireann. From this point the boundary of the Special Control Area runs in a westerly direction along the southern or rere boundaries of the premises 23 to 321 (inclusive) Landen Road (odd numbers only) which boundaries adjoins the property of Iarnród Éireann on the south side, to the point where this boundary is intersected by the boundary between the premises 321 and 323 Landen Road, from which point the Special Control Area boundary runs in a northerly direction along the boundary between premises 321 and 323 Landen Road and continues in this northerly direction across Landen Road and along the centre line of Garryowen Road to the first mentioned point as more particularly shown on map Index No. 11151/3

SCHEDULE 2

Fuels specified for burning in the Special Control Area — Area B

( a ) Any liquid fuel

Any gaseous fuel

Anthracite

Briquetted fuels carbonised in the process of manufacture

Low temperature carbonisation coals

Coke

Bord na Mona Peat Briquettes

( b ) Any other fuel authorised by the Minister.

EXPLANATORY NOTE

This order confirms with modification the Special Control Area (Ballyfermot Area B) Order, 1988 made by Dublin Corporation designating part of Ballyfermot a special control area within the meaning of the Air Pollution Act, 1987 .