IRISH ENVIRONMENTAL LEGISLATION

The purpose for which these Regulations are made is to specify the application procedures and the criteria which must be met before appointment as an inspector for the purposes of Part 4A of the Water Services Act 2007 , as inserted by Section 4 of the Water Services (Amendment) Act 2012 , and to address issues leading to the suspension or termination of appointments. The Regulations also provide that the Environmental Protection Agency will make the national inspection plan for domestic waste water treatment systems by 31st December 2012.

These Regulations give effect to Annex V of the International Convention for the Prevention of Pollution from Ships (MARPOL Convention), 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 the Marine Environment Protection Committee (MEPC) of the International Maritime Organisation. These regulations revoke the Sea Pollution (Prevention of Pollution by Garbage from Ships) Regulations 1994 ( S.I. No. 45 of 1994 ); the Sea Pollution (Prevention of Pollution by Garbage from Ships) (Amendment) Regulations 1997 ( S.I. No. 516 of 1997 ); and the Sea Pollution (Prevention of Pollution by Garbage from Ships) (Amendment) Regulations 2006 ( S.I. No. 239 of 2006 ). The Regulations apply to all Irish ships wherever they may be and to all other ships when they are in the territorial seas and inland waters of the State. The purpose of the Regulations is to prohibit and control the disposal of garbage into the sea in accordance with the type of garbage for disposal and the geographical location of the ship. They also provide for the availability of adequate facilities at ports and terminals for the reception of garbage. In addition the Regulations include requirements for certain ships to have Garbage Management Plans and to carry Garbage Record Books. 1 At the 56th session in July 2007, the MEPC approved a revised consolidated format for reporting alleged inadequacy of port reception facilities: (see MEPC.1/Circ. 469/Rev.1) 2 Refer to the Procedures for port State control adopted by the Organization by resolution A.787(19) and amended by A.882(21); see IMO sales publication IA650E. 3 Refer to the Guidelines for the development of garbage management plans adopted by the Marine Environment Protection Committee of the Organization by resolution MEPC.71(38); see MEPC/Circ.317 and IMO sales publication IA656E. 1 Refer to the Guidelines for the Implementation of Annex V of MARPOL 73/78, as amended by resolutions. 2 Refer to Guidelines to be developed by the Organization. 3 Shipôs masters should obtain from the operator of the reception facilities, which includes barges and trucks, a receipt or certificate specifying the estimated amount of garbage transferred. The receipts or certificates must be kept together with the Garbage Record Book.

These Regulations provide for the appointment of authorised officers to carry out inspections that will ensure compliance by tyre suppliers and distributors and vehicle suppliers and distributors with Regulation (EC) No 1222/2009 of the European Parliament and of the Council of 25 November 2009 on the labelling of tyres with respect to fuel efficiency and other essential parameters, which was subsequently amended by Commission Regulation (EU) No 1235/2011 of 29 November 2011 amending Regulation (EC) No 1222/2009 of the European Parliament and of the Council with regard to the wet grip grading of tyres, the measurement of rolling resistance and the verification procedure. Regulation (EC) No 1222/2009 requires that from November 1 2012, light and heavy duty vehicle tyres (C1, C2 and C3 tyres) must be supplied with information that informs consumers about fuel efficiency, wet grip and noise classes in any technical promotional material, including websites. Retreaded tyres, off-road professional tyres and racing tyres will be exempt from this requirement. The tyre label will use classes ranging from best-performance (green úAù class) to worst (red úGù class). In addition to indicating how much the tyre affects the car’s fuel efficiency, it will also give information about its performance in wet conditions and its external rolling noise in decibels.

These Regulations have the purpose of giving effect to the provisions of Commission Regulation (EU) No 636/2012 of 13 July 2012 on emergency measures for the protection of haddock stocks in waters to the west of Scotland

These Regulations amend the European Communities Environmental Objectives (Surface Waters) Regulations, 2009 ( S.I. No. 272 of 2009 ). The purpose of these Regulations is to: Clarify the role of public authorities in the protection of surface waters; Include standards for the priority hazardous substances mercury, hexachlorobutadiene and hexachlorobenzene in biota found in surface water bodies; Set limits for the priority substance Trifluralin in surface water bodies; Amend the date by which the first inventory of priority substances is established, to align with the review of pressures scheduled for December 2013 in accordance with Article 7 of the 2009 European Communities (Water Policy) Regulations ( S.I. No. 722 of 2003 ); Amend the date, in turn, by which pollution reduction programmes for surface water bodies must be prepared and Revoke the European Communities (Quality of Water intended for Human Consumption) Regulations 1989 ( S.I. No. 294 of 1989 ).

These Regulations revoke, and replace with some amendments, the Air Pollution Act, 1987 (Marketing, Sale and Distribution of Fuels) Regulations 1998-2011 relating to the ban on the marketing, sale and distribution of specified bituminous (or ‘smoky’) fuels within specified areas in Dublin, Cork, Limerick, Galway, Waterford, Arklow, Athlone, Bray, Carlow, Celbridge, Clonmel, Drogheda, Dundalk, Ennis, Kilkenny, Leixlip, Naas, Sligo, Tralee and Wexford. These Regulations introduce a ban on the residential burning of specified bituminous fuels in private dwellings in specified areas to complement the existing ban on the marketing, sale and distribution. The Regulations extend the Specified Area of Dublin to include the full administrative area of the counties of Dún Laoghaire-Rathdown, Fingal and South Dublin. The Regulations make boundary revisions that enlarge existing specified areas in the cities of Cork, Limerick, Galway and Waterford. The Regulations make further boundary revisions that enlarge existing specified areas in the boroughs/towns of Arklow, Bray, Celbridge, Drogheda, Dundalk, Ennis, Kilkenny, Leixlip, Naas, Sligo, Tralee and Wexford. Celbridge and Leixlip are now merged into a single specified area. The Regulations do not alter the boundaries in the existing specified areas in the boroughs/towns of Athlone, Carlow and Clonmel. The Regulations also provide for the introduction of the ban on the marketing, sale, distribution and burning of specified bituminous fuels in specified areas of Greystones, Letterkenny, Mullingar, Navan, Newbridge, Portlaoise and Wicklow-Rathnew with effect from 1st May 2013. The Regulations require that bags of solid fuel sold in specified areas where the ban applies must be sealed and have a printed notice in accordance with Schedule 3. The Regulations require that all bituminous (‘smoky’) coal supplied for residential heating outside specified areas where the ban applies must have a sulphur content not greater than 0.7%. Coal bagging operators and fuel suppliers who supply smoky coal must register with the Environmental Protection Agency. There is an obligation on those placing smoky coal on the market outside specified areas to hold a record showing that the coal complies with the 0.7% maximum sulphur limit. Bags of smoky coal supplied as a unit of sale must be sealed. The Regulations are enforced by authorised persons who have been certified by a local authority. An authorised person may hold certification from more than one local authority. Authorised persons may apply fixed payment notices of between €250 and €1,000 for alleged offences under certain provisions of these Regulations, as provided for under section 11 of the Environment (Miscellaneous Provisions) Act 2011 . Failure to pay a fixed payment notice within 21 days may result in prosecution. Section 12 of the Air Pollution Act 1987 provides for fines of up to €5,000 and/or imprisonment for up to six months on summary conviction.

Directive 2009/147/EC (O.J. L 20/7 of 26 January 2010) of the European Parliament and of the Council of 30 November 2009 (úthe Birds Directiveù) on the conservation of wild birds provides for the conservation of wild birds by, among other things, classifying important ornithological sites as Special Protection Areas. The hyperlink http://ec.europa.eu/environment/nature/natura2000/sites_birds/index_en.htm which connects to the European Commission Environment (Nature and Biodiversity) website also contains a further link to the text of the Birds Directive. The effect of these Regulations is to designate a site as a Special Protection Area in accordance with Article 4 of the Directive. The geographical area of the Special Protection Area designated by these Regulations is defined by Schedule 1 (a map or maps of the area) and Schedule 2 (a list of the townlands in question / a description of the area). For more detailed maps than those contained in Schedule 1, or for greater detail on boundary delineation, contact should be made with the National Parks and Wildlife Service of the Department of Arts, Heritage and the Gaeltacht or by viewing the relevant text or map details on www.npws.ie. The bird species cited in Schedule 3 of these Regulations are specified, in accordance with the Directive, in order to ensure their survival and reproduction in their area of distribution. Under Article 5 of the Directive all species of birds are afforded protection from disturbance, capture and damage to nests and eggs, not just the birds listed on Schedule 3 (with the exception of those birds covered under Articles 7 for hunting and 9, where derogations are listed). Those operations or activities requiring the consent of the Minister listed at Schedule 4 to these Regulations are cited for their potential to cause disturbance or damage to the bird species and their habitats specified in Schedule 3 of these Regulations. Landowners or occupiers should contact the local National Parks and Wildlife Service office of the Department of Arts, Heritage and the Gaeltacht before undertaking any of the works listed at Schedule 4. (See www.npws.ie for contact details). Please note that operations/activities other than those listed at Schedule 4 to these Regulations, such as effluent discharge, construction work, aquaculture, fishing or forestry require a licence or permission from the appropriate consent authority. These Regulations provide (Regulation 6) that contravention of the provisions of these Regulations shall constitute an offence. Regulation 6 also provides for penalties.

Directive 2009/147/EC (O.J. L 20/7 of 26 January 2010) of the European Parliament and of the Council of 30 November 2009 (úthe Birds Directiveù) on the conservation of wild birds provides for the conservation of wild birds by, among other things, classifying important ornithological sites as Special Protection Areas. The hyperlink http://ec.europa.eu/environment/nature/natura2000/sites_birds/index_en.htm which connects to the European Commission Environment (Nature and Biodiversity) website also contains a further link to the text of the Birds Directive. The effect of these Regulations is to designate a site as a Special Protection Area in accordance with Article 4 of the Directive. The geographical area of the Special Protection Area designated by these Regulations is defined by Schedule 1 (a map or maps of the area) and Schedule 2 (a list of the townlands in question / a description of the area). For more detailed maps than those contained in Schedule 1, or for greater detail on boundary delineation, contact should be made with the National Parks and Wildlife Service of the Department of Arts, Heritage and the Gaeltacht or by viewing the relevant text or map details on www.npws.ie. The bird species cited in Schedule 3 of these Regulations are specified, in accordance with the Directive, in order to ensure their survival and reproduction in their area of distribution. Under Article 5 of the Directive all species of birds are afforded protection from disturbance, capture and damage to nests and eggs, not just the birds listed on Schedule 3 (with the exception of those birds covered under Articles 7 for hunting and 9, where derogations are listed). Those operations or activities requiring the consent of the Minister listed at Schedule 4 to these Regulations are cited for their potential to cause disturbance or damage to the bird species and their habitats specified in Schedule 3 of these Regulations. Landowners or occupiers should contact the local National Parks and Wildlife Service office of the Department of Arts, Heritage and the Gaeltacht before undertaking any of the works listed at Schedule 4. (See www.npws.ie for contact details). Please note that operations/activities other than those listed at Schedule 4 to these Regulations, such as effluent discharge, construction work, aquaculture, fishing or forestry require a licence or permission from the appropriate consent authority