Environmental Protection Agency Act (Registration of Coal Bagging Operators and Solid Fuel Suppliers) Regulations 2012.

• Statutory Instrument No.: 454/2012
• Published date: 23 November 2012

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 23rd November, 2012.

I, PHIL HOGAN, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by sections 6 and 53 of the Environmental Protection Agency Act 1992 (No. 7 of 1992), hereby make the following regulations:

Citation

1. These Regulations may be cited as the Environmental Protection Agency Act (Registration of Coal Bagging Operators and Solid Fuel Suppliers) Regulations 2012.

Definitions

2. In these regulations:—

“Agency” means the Environmental Protection Agency established under section 19 of the Environmental Protection Agency Act 1992 ;

“bagging operator” means any person or body who or which carries out the business of bagging coal for residential supply within the State;

“bituminous coal” means coal falling within CN Code 2701 12 placed on the market for residential heating;

“solid fuel supplier” means any person or body which, within the State,-

(a) wholesales or distributes bituminous coal, or

(b) retails 50% or more of their total annual sales proceeds from bituminous coal.

Registers

3. (1) The Agency shall establish and maintain registers of each bagging operator and each solid fuel supplier and shall issue a unique registration number to each bagging operator or solid fuel supplier registered.

(2) The Agency may charge a registration fee which shall be no greater than the amount which the Agency estimates it will incur in, or in connection with, establishing and maintaining registers under Regulation 3(1).

(3) The Agency may refuse to register a bagging operator or solid fuel supplier where the Agency is not satisfied that the bagging operator or solid fuel supplier has demonstrated the compliance of their bituminous coal product with the Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 ( S.I. No. 326 of 2012 ).

(4) An authorised person may carry out or cause to be carried out inspections of premises of bagging operators and solid fuel suppliers for the purposes of ensuring that the sulphur content of bituminous coal product is not greater than 0.7% by weight as required by the Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 ( S.I. No. 326 of 2012 ).

(5) The Agency may revoke a registration where the Agency is not satisfied that a bagging operator or solid fuel...