S.I. No. 118/1998 - Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) Regulations, 1998.

1. In the District Electoral Division of Kilbride (Arklow), the townlands of:—

Kilbride

Killiniskyduff

Seabank.

2. In the District Electoral Division of Arklow Rural, the townland of Moneylittle.

RESTRICTED AREA OF DROGHEDA

The borough of Drogheda together with the included areas of the administrative county of Meath. The included area of the administrative county of Meath are:—

in the District Electoral Division of St. Mary's, the townlands of:—

Lagavooren

Bryanstown

RESTRICTED AREA OF DUNDALK

The urban district of Dundalk.

RESTRICTED AREA OF WEXFORD

The borough of Wexford together with the included area of the administrative county of Wexford. The included area of the administrative county of Wexford is all that area comprised between the existing borough boundary and an imaginary line drawn as follows

From a point on the coast at Wexford Harbour, along the north eastern townland boundaries of Tincone and Crosstown in a north westerly direction to regional road No. 741-25; thence along regional road No. 741-25 in a northerly direction to the junction with local road No. LS 7010-02, then along local road No. LS 7010-02 in a south westerly direction for 400 metres; thence north for 150 metres, then turning in a westerly direction along the southern-most boundary of Crosstown cemetery (excluding the cemetery) until reaching the eastern bank of the River Slaney.

From a point on the western bank of the River Slaney, along the northern and eastern boundaries of Townparks townland, to the junction of regional road No. 730-16 and local road No. LP 3010-01, then west along regional road No. 730-16 to the junction with local road No. LT 30123 at Park townland; thence south along local road No. LT 30123 to the junction with local road No. LP 3012-01, then along the western boundary of Carricklawn townland, until it meets the regional road No. 769-02 at Wexford racecourse; thence in an easterly direction along the regional road No. 769-02 for 300 metres; thence traversing the eastern and southern boundaries of Wexford racecourse (excluding the racecourse) until meeting Coolcotts Lane (local road No. LP 3013-01); thence turning west along Coolcotts Lane for 130 metres, and south along the western boundary of Townparks townland until it reaches local road No. LP 3014-01; thence crossing Clonard Little townland in a southerly direction until it reaches regional road No. 733-22; thence crossing east along the townland boundary of Killeens and then crossing the townland at Ballynagee and the southern townland boundary of Whiterock North, until it reaches local road No. LP 3016-01 at Whiterock Hill; thence traversing the townland of Whiterock South, along the western, northern and eastern boundaries of Wexford golf course (excluding the golf course) until it reaches Mulgannon Lane (local road No. LP 3039-01); thence crossing the townland of Mulgannon as far as the townland boundary, and travelling north east along this townland boundary for 250 metres and then crossing Rocksborough townland as far as local road No. LP 3039-01 and on to the junction with regional road No. 730-18 at Kerlogue; thence travelling north along regional road No. 730-18 to Wexford Town until reaching the southern townland boundary of Maudlintown, and from there crossing east along this townland boundary to the coast at Wexford Harbour.

SECOND SCHEDULE

Form of notice referred to in article 4(b).

In letters at least 2 centimetres high and in a form which is clearly legible—

(i) the name and address of the person who packed the bag, and

(ii) "SMOKELESS FUEL — Contents comply with the Air Pollution Act Regulations".

For the purposes of this Schedule, a reference to the "Air Pollution Act Regulations" shall be construed as a reference to these Regulations.

DATED this 22nd day of April, 1998.

DAN WALLACE,

Minister of State at the Department of the Environment and Local Government.

EXPLANATORY NOTE.

These Regulations revoke, and replace with some amendments, the

Air Pollution Act, 1987

(Marketing, Sale and Distribution of Fuels) Regulations, 1990 to 1993 and the

Air Pollution Act, 1987

(Marketing, Sale and Distribution of Fuels) (Cork) Regulations, 1994 relating to the ban on the marketing, sale or distribution of certain fuels within the restricted areas of Dublin and Cork.

The Regulations also provide for the introduction of the same ban in the restricted areas of Arklow, Drogheda, Dundalk, Limerick and Wexford.

The Regulations come into force on 1 October, 1998.

3. In the District Electoral Division of Ballysimon, the townlands of:—

Ballysimon

Ballysimon (Dickinson)

Dromroe

Garryglass

Kilbane

Newcastle

Newtown (E.D. Ballysimon)

Peafield

Sreelane

Towlertown.

4. In the District Electoral Division of Limerick South Rural, the townlands of:—

Banemore

Bohereen (E.D. Limerick South)

Crabb's-land

Crossagalla

Monaclinoe

Rathbane South

Reboge

Reboge Meadows

Rossbrien

Singland.

5. In the District Electoral Division of Ballyvara, the townlands of:—

Castletroy

Rivers

The included areas of the administrative county of Clare are:—

in the District Electoral Division of Ballyglass, the townlands of:—

Athlunkard

Ballykeelaun

Fairyhill

Garraun

Gortatogher

Knockballynameath

Kilquane

Parteen

Quinspool South

RESTRICTED AREA OF ARKLOW

The urban district of Arklow together with the included areas of the administrative county of Wicklow. The included areas of the administrative county of Wicklow are:—

6. That part of the District Electoral Division of Bohernabreena situated south of an imaginary line drawn as follows:—

Commencing at the junction of Kiltipper Road and Ballymana Lane, thence in an easterly direction to the junction of Daltree Road and Oldcourt Road.

RESTRICTED AREA OF CORK

The county borough of Cork together with the included areas of the administrative county of Cork. The included areas of the administrative county of Cork are:—

7. The owner of any vehicle which is used for the transport of any of the fuels referred to in sub-article (1) of article 3 of these Regulations within a restricted area shall retain on the vehicle—

(

a

) a statement of the quantity of each such fuel on the vehicle and the name and address of the person or body who supplied the fuel, and

(

b

) a statement of the destination or destinations of the fuel and the name and address of the person or persons purchasing the fuel.

8. (1) These Regulations shall be enforced by a local authority within its functional area.

(2) The local authorities referred to in sub-article (1) of this article may authorise in writing any person, hereinafter 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 his or her 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 or her opinion, is being used in connection with the placing on the market, sale or distribution of solid fuel within a restricted area—

(

a

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

(

b

) inspect such records or such documents as the authorised person, having regard to all the circumstances, considers necessary for the purposes of these Regulations, or

(

c

) require from the owner or occupier of the premises or from any other person on the premises, or require from the owner of a 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 or her powers under these Regulations or wilfully withhold any information which the authorised person requires.

9. (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 a 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 in relation to that sample be evidence, without further proof, of the result of the test, examination or analysis, until the contrary is shown.

10. The

Air Pollution Act, 1987

(Marketing, Sale and Distribution of Fuels) Regulations, 1990 (

S.I. No. 123 of 1990

), the

Air Pollution Act, 1987

(Marketing, Sale and Distribution of Fuels) Regulations, 1992 (

S.I. No. 274 of 1992

), the

Air Pollution Act, 1987

(Marketing, Sale and Distribution of Fuels) (Amendment) Regulations, 1993 (

S.I. No. 297 of 1993

), and the

Air Pollution Act, 1987

(Marketing, Sale and Distribution of Fuels) (Cork) Regulations, 1994 (

S.I. No. 403 of 1994

) are hereby revoked with effect from the 1st day of October, 1998.

FIRST SCHEDULE

RESTRICTED AREAS

RESTRICTED AREA OF DUBLIN

The county borough of Dublin and the administrative counties of Dún Laoghaire-Rathdown, Fingal and South Dublin excluding the following areas

Dún Laoghaire-Rathdown

S.I. No. 118 of 1998.

AIR POLLUTION ACT, 1987 (MARKETING, SALE AND DISTRIBUTION OF FUELS) REGULATIONS, 1998.

In exercise of the powers conferred on the Minister for the Environment and Local Government 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 and Local Government (Delegation of Ministerial Functions) (No. 2) Order, 1997 (

S.I. No. 428 of 1997

), I, DAN WALLACE, Minister of State at the Department of the Environment and Local Government, hereby make the following Regulations:—