IRISH ENVIRONMENTAL LEGISLATION

These Regulations set out a number of procedural requirements in relation to the preparation of the review and update of the 2004 regional planning guidelines by regional authorities. These procedural requirements supplement those already set out in the Planning and Development Act 2000 . The Regulations also specify the National Spatial Strategy as being of relevance to the determination of strategic planning policies. This means that regional authorities must take account of the National Spatial Strategy, including any updates, when preparing and making regional planning guidelines.

These Orders provide for the implementation of Council Directive 2006/17/Euratom of 20 November, 2006 laying down conditions for the supervision and control of shipments of radioactive waste and spent fuel between Members States and into and out of the Community, whenever quantities and concentrations of such waste exceed certain levels. These conditions supplement the existing Council Directives on basic safety standards for the health protection of workers and the general public against the dangers of ionising radiation.

The Radiological Protection Institute of Ireland has been deemed the Competent Authority for the purpose of implementation of these Orders in this country and application should be made to that body for all authorisations required under the Orders.

The Orders also revoke the European Communities (Supervision and Control of Certain Shipments of Radioactive Waste) Regulations 1994.

1 O.J No. L337, 5.12.06, p.21.

2 O.J No. L107, 17.04.2008, p.32

These Regulations give effect to various EC Directives relating to carbon dioxide, thiamethoxam, propiconazole, IPBC, cyclohexylhydroxydiazene 1-oxide, potassium salt (K-HDO), difenacoum, thiabendazole and tebuconazole.

1 O.J. No. L.197 of 25.07.2008, p.54

2 O.J. No. L.198 of 26.07.2008, p.41

3 O.J. No. L.198 of 26.07.2008, p.44

4 O.J. No. L.200 of 29.07.2008, p.12

5 O.J. No. L.200 of 29.07.2008, p.15

6 O.J. No. L.201 of 30.07.2008, p.46

7 O.J. No. L.239 of 06.09.2008, p.6

8 O.J. No. L.239 of 06.09.2008, p.9

These Regulations transpose Directive 2004/107/EC relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air into Irish law.

The Regulations specify target values to be attained, from 31 December 2012, for concentrations of arsenic, cadmium, nickel and benzo(a)pyrene (a measurable indicator of the level of polycyclic aromatic hydrocarbons) and also specify monitoring requirements for mercury and other polycyclic aromatic hydrocarbons. There is a requirement on the Environmental Protection Agency to assess the concentrations in the ambient air and deposition rates of the pollutants concerned and to undertake the monitoring necessary for this purpose.

Provision is made for measures considered necessary by the Environmental Protection Agency in consultation with local authorities and other bodies concerned to address exceedances of the target values. However such measures should not involve disproportionate costs. There is also a requirement to ensure that other areas are maintained below the target values and to endeavour to preserve the best ambient air quality compatible with sustainable development.

The Agency is required to send an annual report to the Minister for the Environment, Heritage and Local Government and to the European Commission.

The Regulations also provide for the dissemination of public information, including information on any exceedances of the target values, the reasons for the exceedances, the area(s) in which they occurred and appropriate information regarding effects on health and impact on the environment.

Offences and Penalties

Any person who contravenes a provision of these regulations is guilty of an offence ( section 8 of the Environmental Protection Agency Act 1992 as amended and section 11 of the Air Pollution Act 1987 ). Penalties for such offences range up to €3,000 and 12 months on summary conviction and up to €15 million and 10 years imprisonment on conviction on indictment and are provided for at section 11 of the Air Pollution Act 1987 and section 9 of the EPA Act 1992. Daily fines are also provided for.

Offences and penalties will also arise in relation to contraventions by third parties of any measure identified as being necessary to avoid exceedances of target values and which are statutory requirements under other enactments, some of which are listed at article 16 of these regulations.

The Regulations also rationalise Zones C and D for the purposes of the Air Quality Standards Regulations, 2002 and the Ozone in Ambient Air Regulations, 2004.

(1) O.J. No. L 23/3 of 26 January 2005.

(2) O.J. No. L 296/55 of 21 November 1996 as amended by Regulation No. 1882/2003/EC of the European Parliament and of the Council, O.J. No. L284/1 of 31 October 2003.

(3) O.J. No. L257/26 of 10 October 1996 Directive as last amended by Regulation No. 1882/2003/EC of the European Parliament and of the Council, O.J. No. L284/1 of 31 October 2003.

(4) O.J. No. L35/14 of 5 February 1997 Decision as amended by Commission Decision 2001/752/EC O.J. No. L282/69 of 26 October 2001.

1(1) For the total content in the PM 10 fraction averaged over a calendar year.

These Regulations amend Schedule 3 of S.I. No. 268 of 2006 and designate a further 49 Shellfish Water Sites. The purpose of these designations is to protect or improve the quality of the waters at the sites in question in order to support shellfish (bivalve and gasteropod molluscs) life and growth, thereby contributing to the high quality of shellfish products directly edible by man.

1 O.J. L 376 of 27.12.2006, p. 14.

These Regulations provide for the provisions of Council Regulation (EC) No. 43/2009 of 16 January fixing for 2009 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in Community waters and, for Community vessels, in waters where catch limitations are required. These Regulations also provide for the provisions of Council Regulation (EC) No. 1342/2008 of 18 December 2008 which, together with Annex IIa of Council Regulation (EC) No. 43/2009, establishes, for fishing vessels greater than 10 metres in overall length and operating in certain waters, a fishing effort limitation scheme in the context of the recovery of certain fish stocks.

1 O.J.L 348 of 24.12.2008,p. 20.

2 O.J. L 22 of 26.1.2009, p.1.

These Regulations provide for the amendment of the Dangerous Substances (Retail and Private Petroleum Stores) Regulations 1979, as previously amended by the Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations 1988, the Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations 1999, the Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations 2002, the Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations 2004 ( S.I. No. 860 of 2004 ) and the Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations 2006 ( S.I. No. 630 of 2006 ).

Under the Regulations, as adapted by section 4(4) of the Safety, Health and Welfare at Work Act 2005 (No. 10 of 2005), a retail and private petroleum store requires to be licensed by the local or harbour authority or, where the store is owned by such authority, by the Health and Safety Authority.

The Regulations as amended, inter alia, provide for safety requirements in certain circumstances for petrol filling stations, constructed before the 1979 Regulations commenced, to enable them to be licensed to operate until 31 December 2010.

Safety controls on management and operations are maintained.

These Regulations transpose European Parliament and Council Directive 2008/103/EC of 19 November 2008 amending Directive 2006/66/EC on batteries and accumulators and waste batteries and accumulators as regards placingbatteries and accumulators on the market which amends European Parliament and Council Directive 2006/66/EC on batteries and accumulators and wastebatteries and accumulators and repealing Directive 91/157/EEC.

1 O.J. No. L327, 5.12.2008, p 7.

2 O.J. No. L266, 26.9.2006, p.1 as amended by corrigendum (O.J. No. L311, 10.11.2006, p. 58).

3 O.J. No. L78, 26.3.1991, p. 38 as amended by Commission Directive 98/101/EC (O.J. No. L1, 5.1.1999, p. 1).