S.I. No. 294/1993 - Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) (Cork) Regulations, 1993.

S.I. No. 294 of 1993.

AIR POLLUTION ACT, 1987 (MARKETING, SALE AND DISTRIBUTION OF FUELS) (CORK) REGULATIONS, 1993.

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, 1993.

(2) These Regulations shall come into operation on the 18th day of October, 1993.

2. In these Regulations—

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

"air-dried basis" means after air drying in accordance with the method for the time being specified in International Standard reference ISO 1988;

"sieve" means a sieve complying with the requirements for the time being specified in International Standard reference ISO 565;

"the built-up 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. Any person who, for the time being at any premises which is situated in the built-up area of Cork or from any vehicle which for the time being is located within the built-up area of Cork, has a supply of coal for sale by retail, shall also have for sale, at such premises or from such vehicle at all reasonable times and in reasonable quantities, a supply of one or more of the following smokeless or low-smoke fuels:

Coalite, Bord na Móna peat briquettes, Rheinbraun union coal nuggets/briketts.

4. (1) A person shall not, within the built-up area of Cork, place on the market, sell or distribute any bag of solid fuel unless at least 90 per cent of the contents of the bag by weight on an air-dried basis would be retained on a sieve with 12.5 millimetres square hole apertures.

(2) The requirements of sub-article (1) shall not apply to a bag of solid fuel which does not contain any coal having a gross calorific value greater than or equal to 24 Megajoules per kilogram on a moist ash-free basis and having more than 14 per cent volatile matter by weight on a dry ash-free basis.

5. For the purposes of these Regulations—

(1) 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;

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

(3) ash content shall be determined by the method for the time being specified in International Standard reference ISO 1171;

(4) EOLAS, the Irish Science and Technology Agency, 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.

6. (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, hereafter referred to as an "authorised person", for the purposes of the enforcement of these Regulations.

(3) Every authorised person shall be furnished with a certificate of 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 built-up area of Cork,

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

( b ) 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.

7. (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.

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 12th day of October, 1993.

JOHN BROWNE,

Minister of State at the Department of the Environment.

EXPLANATORY NOTE.

These Regulations require retailers of bituminous coals in the built-up area of Cork to have a supply of one or more specified smokeless or low-smoke solid fuels for sale by retail from vehicles or at premises, as appropriate. The Regulations also bring into effect a prohibition on the placing on the market, sale or distribution of bituminous slack and provide for other procedural matters in relation to enforcement. The Regulations come into effect on 18th October, 1993.