European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations, 2006

JurisdictionIreland
CitationIR SI 74/2006
Year2006

STATUTORY INSTRUMENTS

S.I. No. 74 of 2006

European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2006

European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2006.

ARRANGEMENT OF REGULATIONS

Preliminary and General

1.

Citation.

2.

Amendment of Safety, Health and Welfare at Work Act 2005.

3.

Interpretation.

4.

Application.

5.

Competent authorities.

6.

Immunity of competent authorities.

7.

Revocations and savings.

Major Accident Hazards

8.

Demonstration of safe operation.

9.

General duties of operators.

10.

Major accident prevention policy.

11.

Notification of establishments.

12.

Safety reports.

13.

Review and revision of safety reports.

14.

Investigation of details of a safety report.

15.

Internal emergency plans.

16.

External emergency plans.

17.

Supplementary provisions to Regulation 16.

18

Information for the safety of the public.

19

Notice for information.

Major Accidents

20.

Scene of major accident.

21.

Notification of major accidents.

22.

Examination and tests of plant, process or procedure.

23.

Special reports on major accidents by inspector.

24.

Power of Minister to direct formal investigation.

25.

Notifiable incidents and register.

Enforcement and Regulation

26.

Functions of Central Competent Authority.

27.

Advice on Land Use Planning.

28.

Inspectors.

29.

Warrant of appointment as inspector.

30.

General powers of inspectors.

31.

Powers of inspectors for purpose of safeguarding persons and the environment.

32.

Application to High Court by Central Competent Authority.

33.

Service of Documents.

Disclosure of Information, Translations of Reports

34.

Restrictions on disclosure of information.

35.

Translations of reports.

Offences and Penalties

36.

Offences.

37.

Onus of proof.

38.

Liability of operators.

39.

Liability of directors and officers of bodies corporate.

40.

Forgery of documents.

41.

Personation.

42.

Obstruction of inspector or authorised officer.

43.

Penalties.

44.

Prosecution of offences.

45.

Cost of prosecutions.

Charges for Services

46.

Charges for services

Schedule 1

Application of the Directive

Annex I to Council Directive 96/82/EC as amended by Council Directive 2003/105/EC

Part 1

Named Substances

Part 2

Categories of substances and preparations not specifically named in Part 1

Schedule 2

Major Accident prevention policy and safety management system

Annex III to Council Directive 96/82/EC as amended by Council Directive 2003/105/EC

Schedule 3

Information to be included in a notification to the Central Competent Authority

Schedule 4

Safety Reports

Part I

Purpose of Safety Reports

Part 2

Data and information in a safety Report

Annex II to Council Directive 96/82/EC as amended by Council Directive 2003/105/EC

Schedule 5

Emergency Plans

Part I

Objectives of Emergency Plans

Part 2

Data and Information in Emergency Plans

Annex IV to Council Directive 96/82/EC as amended by Council Directive 2003/105/EC

Schedule 6

Public Communication

Annex V to Council Directive 96/82/EC as amended by Council Directive 2003/105/EC

Schedule 7

Major Accidents and Near Misses

Annex VI to Council Directive 96/82/EC as amended by Council Directive 2003/105/EC

Schedule 8

Notifiable incidents

Schedule 9

Annex to Commission Decision 98/433/EC of 26 June, 1998 on Harmonised Criteria for Dispensations

according to Article 9 of Council Directive 96/82/EC

European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2006

I, Micheál Martin, Minister for Enterprise, Trade and Employment, in exercise of the powers conferred on me by Section 3 of the European Communities Act 1972 (No. 27 of 1972) as amended by Section 5 of the European Communities (Amendment) Act 1993 (No. 25 of 1993), and for the purpose of giving effect to Council Directive 96/82/EC of 9 December 19961 as amended by Directive 2003/105/EC of the European Parliament and of the Council of 16 December 20032 , hereby make the following regulations:

Preliminary and General

Citation.

1. These Regulations may be cited as the European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2006.

Amendment of Safety, Health and Welfare at Work Act 2005.

2. Part 2 of Schedule 2 to the Safety, Health and Welfare at Work Act 2005 (No. 10 of 2005) is amended -

(a) by deleting the following from column (2) where it appears opposite “2000” in column (i):

“European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2000 ( S.I. No. 476 of 2000 )”,

and

(b) by inserting a new line at the end of the Part containing -

(i) in column (1), “2006”, and

(ii) in column (2), “European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2006”.

Interpretation.

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

“An Bord Pleanála” means the body referred to in section 102 of the Planning and Development Act 2000 (No. 30 of 2000);

“Authority” means the Central Competent Authority;

“Central Competent Authority” shall be construed in accordance with Regulation 5(1)(a);

“competent authority” means an authority referred to in Regulation 5 and to which Article 16 of the Directive relates;

“dangerous substance” means a substance, mixture or preparation—

(a) listed in Annex I, Part 1 to the Directive (which Annex is set out in Schedule 1), or

(b) fulfilling the criteria laid down in Annex 1, Part 2 to the Directive (which Annex is set out in Schedule 1),

and present as a raw material, product, by-product, residue or intermediate, including those substances which it is reasonable to suppose may be generated in the event of an accident;

“Directive” means Council Directive 96/82/EC of 9 December 19961 , on the control of major accident hazards involving dangerous substances as amended by Directive 2003/105/EC of the European Parliament and of the Council of 16 December 20032 ;

“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 area under the control of the same person where dangerous substances are present at or above the qualifying quantities specified in columns 2 and 3 of the Tables entitled “Part 1 Named substances” and “Part 2 Categories of substances and preparations not specifically named in Part 1” and set out in Schedule 1, in one or more installations, and for this purpose 2 or more areas which contain installations under the control of the same person and separated only by a road, railway or inland waterway shall be treated as one whole area;

“existing establishment” means an establishment which, prior to the commencement of these Regulations, was subject to the provisions of the 2000 Regulations;

“external emergency plan” has the meaning assigned to it by Regulation 16;

“functional area” means—

(a) in relation to a planning authority, the functional area of that planning authority as defined in section 2 of the Planning and Development Act 2000 ,

and

(b) in relation to a local competent authority, the area in respect of which a public authority has been designated under Regulation 5(2) to be a local competent authority;

“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 or to both human health and the environment;

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

“inspector” in relation to the Central Competent Authority, means an officer of the Authority appointed under Regulation 28 to act as an inspector for the purpose of these Regulations;

“installation” means a unit within an establishment in which dangerous substances are or are intended to be, produced, used, handled or stored, and includes—

(a) 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 not,

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 Maritime Jurisdiction Act 1959 (No. 22 of 1959);

“land” includes any land covered with water;

“local authority” means—

(a) in the case of a city referred to in Part 2 of Schedule 5 to the Local Government Act 2001 (No. 37 of 2001) a city council,

and

(b) in the case of a county referred to in Part 1 of that Schedule and a town or borough referred to in Parts 1 and 2 of Schedule 6 to that Act of 2001, a county council;

“local competent authority” shall be construed in accordance with Regulation 5(2);

“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, leading to a serious danger—

(a) to human...

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