IRISH ENVIRONMENTAL LEGISLATION

These Regulations replace all existing Regulations under the Local Government (Planning and Development) Acts, 1963 to 1993. The Regulations revoked by these Regulations are listed in the First Schedule.

All Parts of these Regulations, other than Parts X and XIII, correspond, subject to additions, omissions and amendments, to provisions of the Regulations revoked. Part X establishes a new procedure of public notice and consultation for specified classes of local authority development. Part XIII specifies certain classes of development by State authorities for the purposes of section 2 (1) (a) of the Local Government (Planning and Development) Act, 1993 , and the provisions of the Local Government (Planning and Development) Acts will not apply to development so specified. Part XIII also establishes a procedure of public notice and consultation for certain of the classes of development specified for the purposes of section 2 (1) (a) of the 1993 Act. Parts X and XIII, and article 9 (1) (a) in respect of certain classes of exempted development, will come into operation on 15 June, 1994. All of the other provisions of the Regulations come into operation with effect from 16 May, 1994.

The Regulations provide for various procedural matters in relation to the integrated licensing by the Environmental Protection Agency of scheduled activities under the Environmental Protection Agency Act, 1992 . The Regulations provide for applications for licences, reviews of licences or revised licences, consideration by the Agency of objections, including the holding of oral hearings and the contents of the register of licences.

The Regulations also prescribe the day on or after which specified classes of activity in the First Schedule to the 1992 Act will require an integrated licence in accordance with section 82 (1) of the Act.

The Regulations also specify the "relevant day" for the purposes of the definition of "established activity" in section 3 of the 1992 Act in respect of specified classes of activity in the First Schedule to that Act.

These regulations provide for the amendment of the Local Government (Planning and Development) Acts, 1963 to 1993; the European Communities (Environmental Impact Assessment) Regulations, 1989 and the Environmental Protection Agency Act, 1992 , for the purpose of giving effect to Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment. The amendments arise principally from the coming into operation of integrated licensing function of the Environmental Protection Agency which includes a role in relation to environmental impact statements for licensable activities concerned.

This Order, which should be read in conjunction with section 82 (3) of the 1992 Act, specifies dates on or after which the established activities concerned shall have applied for an integrated licence from the Environmental Protection Agency.

This Order brings into operation with effect from 16th May, 1994, paragraphs 1, 2, 4, 5, 7, 8, 10 and 11 of the First Schedule to the Environmental Protection Agency Act, 1992 (No. 7 of 1992).

The purpose of these regulations is to implement Council Directive 76/769/EEC on the Marketing and Use of certain Dangerous Substances and Preparations as amended by Directives 79/663/EEC, 82/806/EEC, 82/828/EEC, 83/264/EEC, 8¾78/EEC, 85/467/EEC, 85/610/EEC, 89/677/EEC, 91/173/EEC, 91/338/EEC and 91/339/EEC and adapted to technical progress by Commission Directive 91/659/EEC.

These Regulations both implement the requirements imposed by Directives 89/677/EEC, 91/173/EEC, 91/338/EEC, 91/339/EEC and 91/659/EEC and also consoidate into a single text seven existing sets of Regulations which previously gave effect to the first seven amendments to Directive 76/769/EEC. As a result of this consolidation the following regulations are revoked:

European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 1979 (S.I. 382 of 1979); European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 1981 (S.I. 149 of 1981); Industrial Research and Standards (Section 44) (Children’s Toys) Order, 1985 (S.I. 44 of 1985); European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 1985 (S.I. 244 of 1985); European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 1986 (S.I. 47 of 1986); European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 1987 (S. l. 204 of 1987); European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 1988 (S.I. 294 of 1988).

The Regulations lay down the restrictions and conditions which must be observed in the Marketing and Use of the Substances and Preparations listed in the First Schedule to the Regulations and specify the powers available to Inspectors in the enforcement of these conditions. The Regulations also specify labelling provisions for products containing asbestos.

EEC Directive No. 79/409 on the conservation of wild Birds provides for the conservation of populations of wild birds by among other things, classifying important ornithological sites as Special Protection Areas for them. The effect of these Regulations is to classify five sites as Special Protection Areas in accordance with Article 4 of the Directive and to provide that contravention of the provisions of these Regulations shall constitute an offence.

These Regulations (S.I. No. 46 of 1994) give effect to Annex II of the International Convention for the Prevention of Pollution from Ships adopted by the International Maritime Organisation on 2 November, 1973 and as amended by its Protocol adopted on 17 February, 1978, and as further amended by resolutions adopted by the Marine Environment Protection Committee (MEPC) of the International Maritime Organisation.

The Regulations apply to all Irish ships carrying noxious liquid substances in bulk wherever they may be and to all other ships carrying noxious liquid substances in bulk when they are in the territorial waters of the State.

Noxious liquid substances are divided into four categories A, B, C and D according to the severity of the hazard which they present to human health and the marine environment, category A presenting the worst hazard and category D the least. Under the Regulations discharges into the sea of these substances or mixtures of them are prohibited except when the discharges are made under specified conditions. These conditions vary according to the degree of hazard posed to the marine environment. The most stringent controls apply in two recognised "special areas", namely the Baltic Sea and the Black Sea

The Regulations require ships to follow specified procedures when washing cargo tanks in accordance with the category of the substance and the geographical location. They also provide for adequate facilities at ports, terminals or repair ports for the reception of residues or mixtures of noxious liquid substances

Under the Regulations ships are required to be surveyed, to carry an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk, and to be maintained in accordance with that Certificate. Ships are also required to carry a Cargo Record Book in which to record operations involving cargoes of noxious liquid substances.

Section 29 of the Sea Pollution Act, 1991 provides for penalties for breaches of these Regulations.