Chemicals Act (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2015

• Jurisdiction: Ireland

ARRANGEMENT OF REGULATIONS

Part 1

Preliminary and General

1. Citation.

2. Interpretation.

3. Application.

4. Establishment of the competent authorities.

5. Commencement.

6. Amendments.

Part 2

General Duties

7. General duties of operators.

8. Notification.

9. Domino effects.

Part 3

Major Accident Prevention Policy and Safety Report

10. Major Accident Prevention Policy.

11. Safety report.

12. Modification of an installation, establishment or storage facility.

Part 4

Emergency Plans for Upper-tier Establishments

13. Objectives of emergency plans.

14. Implementation of emergency plans.

15. Internal emergency plans.

16. External emergency plans.

17. Review, testing and reporting of external emergency plans.

Part 5

Reporting of Major Accidents

18. Information to be supplied by the operator and actions to be taken following a major accident.

19. Action to be taken by the Central Competent Authority following a major accident.

20. Notifiable incident.

Part 6

Enforcement and Regulation

21. Functions of the Central Competent Authority.

22. Inspections.

23. Inspectors.

Part 7

Land-use Planning

24. Technical advice on land-use planning.

Part 8

Information and Confidentiality

25. Provision of information to the public.

26. Access to information and confidentiality.

Part 9

Charges for Services

27. Charges for services.

Part 10

Offences and penalties

28. Regulations subject to penal provisions.

29. Offences, prosecution and penalties.

SCHEDULE 1

Application of the Regulations.

SCHEDULE 2

Information on the safety management system and the organisation of the establishment with a view to the prevention of major accidents referred to in Regulation 10 and Regulation 11.

SCHEDULE 3

Minimum data and information to be considered in the safety report referred to in Regulation 11.

SCHEDULE 4

Data and information to be included in the emergency plans referred to in Regulation 13.

SCHEDULE 5

Items of information to the public as provided for in Regulation 25.

SCHEDULE 6

Criteria for the notification of a major accident to the European Commission as provided for in Regulation 19(2).

SCHEDULE 7

Criteria for the notifiable incident referred to in Regulation 20.

S.I. No. 209 of 2015

CHEMICALS ACT (CONTROL OF MAJOR ACCIDENT HAZARDS INVOLVING DANGEROUS SUBSTANCES) REGULATIONS 2015

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 29th May, 2015.

I, RICHARD BRUTON, Minister for Jobs, Enterprise and Innovation, in exercise of the powers conferred on me by section 5(2)(b) of the Chemicals Act 2008 (No. 13 of 2008), (as adapted by the Enterprise, Trade and Innovation (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 245 of 2011 )), with the consent of the Minister for the Environment, Community and Local Government, the Minister for Justice and Equality, the Minister for Transport, Tourism and Sport and the Minister for Health, and for the purpose of giving effect, amongst other things, to Directive 2012/18/EU of 4 July 20121 , hereby make the following regulations:

Part 1

Preliminary and General

Citation

1. TheseRegulations may be cited as the Chemicals Act (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2015.

Interpretation

2. (1) In these Regulations, unless the context otherwise requires—

“An Bord Pleanála” means the body referred to in Part VI of the Planning and Development Act;

“Authorised officer” means an officer appointed by a local competent authority under Regulation 16(9);

“Authority” means the Health and Safety Authority;

“Central Competent Authority” shall be construed in accordance with Regulation 4;

“Chemicals Act” means the Chemicals Act 2008 (No. 13 of 2008) as amended by the Chemicals (Amendment) Act 2010 (No. 32 of 2010);

“competent authority” shall be construed in accordance with Regulation 4;

“consultation distance” means a distance or area relating to an establishment, within which there are potentially significant consequences for human health or the environment from a major accident at the establishment, including potentially significant consequences for developments such as residential areas, buildings and areas of public use, recreational areas and major transport routes;

“dangerous substance” means a substance or mixture—

(a) covered by Part 1 of Schedule 1, or

(b) listed in Part 2 of Schedule 1,

including in the form of a raw material, product, by-product, residue or intermediate;

“Directive” means Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012 on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC;

“domino effects” and “domino group” shall be construed in accordance with Regulation 9;

“Environmental Protection Agency” means the body established under section 19 of the Environmental Protection Agency Act 1992 (No. 7 of 1992);

“establishment” means the whole location under the control of an operator where dangerous substances are present in one or more installations, including common or related infrastructures or activities; establishments are either lower-tier establishments or upper-tier establishments;

“existing establishment” means an establishment that, on 31 May 2015, was subject to the provisions of the 2006 Regulations, and that from 1 June 2015 is an establishment falling within the scope of these Regulations without changing its classification as a lower-tier establishment or upper-tier establishment;

“European Commission” means the institution of the European Union to which reference is made in Article 13 of the Treaty on European Union;

“external emergency plan” shall be construed in accordance with Regulation 16;

“functional area” means—

(a) in relation to a planning authority, the functional area of that planning authority as defined in section 2(1) of the Planning and Development Act; and

(b) in relation to a local competent authority, the area in respect of which a public authority has been designated under Regulation 4(3) to be a local competent authority or the area in respect of which a public authority was designated under the 2006 Regulations in a designation that is continued in force under Regulation 4(5);

“functions” in relation to the Central Competent Authority, competent authorities and local competent authorities includes powers and duties and a reference to the performance of a function includes, with respect to powers, a reference to the exercise of a power;

“hazard” means the intrinsic property of a dangerous substance or physical situation, with a potential for creating damage to human health or the environment;

“Health Service Executive” means the Health Service Executive established under section 6 of the Health Act 2004 (No. 42 of 2004);

“inspection” means all actions, including—

(a) site visits;

(b) checks of internal measures, systems and reports and follow-up documents; and

(c) any necessary follow-up;

undertaken by or on behalf of the Central Competent Authority to check and promote compliance of establishments with the requirements of these Regulations;

“inspectors” shall be construed in accordance with Regulation 23;

“installation” means a technical unit within an establishment and whether at or below ground level, in which dangerous substances are produced, used, handled or stored, and it includes—

(a) all the equipment, structures, pipework, machinery and tools;

(b) private railway sidings, docks and unloading quays serving the installation; and

(c) jetties, warehouses or similar structures, whether floating or otherwise, which are necessary for the operation of the installation;

“internal emergency plan” shall be construed in accordance with Regulation 15;

“internal waters” has the same meaning as it has in the Sea-Fisheries and Maritime Jurisdiction Act 2006 (No. 8 of 2006);

“land” includes any land covered with water;

“local authority” as defined in section 2 (1) of the Local Government Act 2001 (No. 37 of 2001), as amended by section 5(1) of, and Part 1 of Schedule 1 to, the Local Government Reform Act 2014 (No. 1 of 2014), means—

(a) in relation to a municipal district, the county council or the city and county council in which the municipal district is situated; and

(b) in every other case—

(i) a county council;

(ii) a city council; or

(iii) a city and county council;

“local competent authority” shall be construed in accordance with Regulation 4;

“lower-tier establishment” means an establishment where dangerous substances are present in quantities equal to or in excess of the quantities listed in Column 2 of Part 1 or in Column 2 of Part 2 of Schedule 1, but less than the quantities listed in Column 3 of Part 1 or in Column 3 of Part 2 of Schedule 1, where applicable using the summation rule laid down in note 4 to Schedule 1;

“major accident” means an occurrence such as a major emission, fire, or explosion resulting from uncontrolled developments in the course of the operation of any establishment covered by these Regulations, and leading to serious danger to human health or the environment, immediate or delayed, inside or outside the establishment, and involving one or more dangerous substances;

“MAPP” shall be construed in accordance with Regulation 10;

“mixture” means a mixture or solution composed of two or more substances;

“neighbouring establishment” means an establishment that is located in such proximity to another establishment so as to increase the risk or consequences of a major accident;

“new establishment” means—

(a) an establishment that enters into operation or is constructed on or after 1 June 2015; or

(b) a site of operation that falls within the scope of these Regulations, or a lower-tier...