AIR POLLUTION ACT (MARKETING, SALE, DISTRIBUTION AND BURNING OF SPECIFIED FUELS) REGULATIONS 2017

I, Denis Naughten, Minister for the Communications, Climate Action & Environment, in exercise of the powers conferred on me by sections 10, 14 and 53 of the Air Pollution Act, 1987 (No. 6 of 1987), hereby make the following Regulations:

Collective Citation and Commencement

(1) These Regulations may be cited as the Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2017.

These Regulations, (the Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012, the Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) (Amendment) Regulations 2015, the Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) (Amendment) Regulations 2016 and Air Pollution Act 1987 (Registration of Fuel Bagging Operators and Suppliers, and Marketing, Sale, Distribution and Burning of Specified Fuels) (Amendment) Regulations 2016), may be cited together as the Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 – 2017.

These Regulations come into operation on …

Amendments

The Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 are amended as follows:

(1) In Regulation 4 by the substitution of the following for the definition of ‘Retailer’:

““retailer” means

in the period ending 31 August 2019 a person who for the purpose of trade or otherwise in the course of business sells bituminous coal, approved fuel or low smoke biomass product to other persons;

in the period commencing 1 September 2019 a person for the purposes of trade or otherwise in the course of business sells approved fuel or low smoke biomass product to other persons;”.

In Regulation 4 by the substitution of the following for the definition of ‘Solid fuel supplier’

““Solid Fuel Supplier” means any person or body which, within the State,-

in the period ending 31 August 2019 any person or body which, within the State

(a) wholesales or distributes (i) bituminous coal, (ii) low smoke solid fuel, or (iii) low smoke biomass product; or

(b) retails 50% or more of their total annual sales proceeds from the products listed at (a) above;

in the period commencing 1 September 2019 any person or body which, within the State

(a) wholesales or distributes (i) low smoke solid fuel, or (ii) low smoke biomass product; or

(b) retails 50% or more of their total annual sales proceeds from the products listed at (a) above;”.

In Regulation 4 by the substitution of the following for the definition of ‘Low Smoke Zone’

“ “Low Smoke Zone” means

in the period up to and including 31st August 2019, an area listed under Schedule 1 or Schedule 2 to these Regulations that has been designated by the Minister under section 53 of the Air Pollution Act 1987 for the purpose of prohibiting the marketing, sale, distribution and burning of specified fuels;

in the period beginning on 1 September 2019, the entire territory of the state.”.

In Regulation 4 by the substitution of the following for the definition of ‘specified area’

“ “specified area” means

in the period up to and including 31st August 2019, an area listed under Schedule 1 or Schedule 2 to these Regulations that has been designated by the Minister under section 53 of the Air Pollution Act 1987 for the purpose of prohibiting the marketing, sale, distribution and burning of specified fuels;

in the period beginning on 1 September 2019, the entire territory of the state.”.

Revocation

3. The following Regulations are revoked with effect from 1 September 2019:

Regulation 5(3) of the Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 (S.I. No. 326/2012), as amended.

Regulation 5(4) of the Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 (S.I. No. 326/2012), as amended.

Regulation 5(5) of the Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 (S.I. No. 326/2012), as amended.

Regulation 7 of the Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 (S.I. No. 326/2012), as amended.

Regulation 9(1) of the Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 (S.I. No. 326/2012), as amended.

Given under my Official Seal

L.S.

.

__________________________

Minister for Communications, Climate Action and Environment

STATUTORY INSTRUMENTS.
S.I. No. 260 of 2020
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AIR POLLUTION ACT (MARKETING, SALE, DISTRIBUTION AND
BURNING OF SPECIFIED FUELS) (AMENDMENT) REGULATIONS 2020

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S.I. No. 260 of 2020
AIR POLLUTION ACT (MARKETING, SALE, DISTRIBUTION AND
BURNING OF SPECIFIED FUELS) (AMENDMENT) REGULATIONS 2020
I, Eamon Ryan, Minister for Communications, Climate Action and Environment
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)(as amended), hereby make the following Regulations:—
Citation
1. These Regulations may be cited as the Air Pollution Act (Marketing,
Sale, Distribution and Burning of Specified Fuels) (Amendment) Regulations
2020.
Commencement
2. These Regulations come into operation on 1 September 2020.
Amendment to 2012 Regulations
3. Schedule 1 of the Air Pollution Act (Marketing, Sale, Distribution and
Burning of Specified Fuels) Regulations 2012 (S.I. No. 326 of 2012)(as
amended) is hereby amended by the addition of the following townlands in the
Specified Area of Cork:—
In the Electoral Division of Carrigtwohill, the townlands of: —
Anngrove Ballyadam Ballynabointra
Ballyrichard Beg Ballyrichard More Barryscourt
Burgesland Carhoo Carrigane
Carrigtwohill Clyduff Fahydorgan
Garrancloyne Gortagousta Gortnamucky
Kilcurfin Glebe Labaun Lysaghtstown
Poulaniska Rossmore Terry's-Land
Tullagreen Water-Rock Woodstock
4. Schedule 2 of the Air Pollution Act (Marketing, Sale, Distribution and
Burning of Specified Fuels) Regulations 2012 (S.I. No. 326 of 2012)(as
amended) is hereby amended by the addition of the following:—
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 24th July, 2020.

[260] 3
SPECIFIED AREAS WHERE THE BAN ON THE SALE, MARKETING,
DISTRIBUTION AND BURNING OF SPECIFIED FUELS APPLIES
WITH EFFECT FROM 01 SEPTEMBER 2020
SPECIFIED AREA OF ASHBOURNE
The town of Ashbourne and its environs in the county of Meath, comprising the
following areas: —
In the Electoral Division of Kilbrew, the townlands of: —
Allcollege Ballybin Ballyhack
Blackwater Bodeen Cookstown
Coolfore Crakenstown Crickstown
Hammondtown Irishtown Kilbrew (Ratoath by)
Kilbrew (Skreen by) Knavinstown Loughlinstown
Primatestown Rath Sutherland
Yellowshar
In the Electoral Division of Ratoath, the townlands of: —
Baltrasna Harlockstown Raystown
In the Electoral Division of Donaghmore, the townlands of: —
Archerstown Ballaghaweary Ballymacarney
Baytown Baytown (part of) Bullstown
Dardistown Donaghmore Dunreagh
Fleenstown Great Fleenstown Little Greenoge
Irishtown Johnstown Killegland
Mabestown Masspool Milltown
Milltown (part of) Muckerstown Newtown Commons
Rath Robertsown Wotton
SPECIFIED AREA OF BALLINA
The town of Ballina and its environs in the county of Mayo, comprising the
following areas: —
The Electoral Divisions of: —
Ballina Urban Ardnaree South Urban

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In the Electoral Division of Ballina Rural, the townlands of: —
Ardoughan Behybaun Belleek
Commons Gorteen Kilmoremoy
Knocklehaugh Laghtadawannagh Rahans
In the Electoral Division of Ardnaree South Rural, the townlands of: —
Ardnaree or Shanaghy Carrowcushlawn Knocknalyre or Downhill
Quignalecka Abbeyhalfquarter
In the Electoral Division of Ardnaree North, the townland of: —
Quicknamanger
SPECIFIED AREA OF CASTLEBAR
The town of Castlebar and its environs in the county of Mayo, comprising the
following areas: —
The Electoral Division of: —
Castlebar Urban
In the Electoral Division of Castlebar Rural, the townlands of: —
Aghadrinagh Annalecka Ballynaboll North
Ballynaboll South Baloor Carrowbrinoge
Carrowncurry Cloonagh Coarsepark
Corradrish Curragh Derreenmanus
Drumconlan Drumnacarta Garryduff
Knockacroghery Knockaphunta Knockrawer
Knockthomas Lisnageeha/Antigua Lisnakirka/Milebush
Moneenbradagh Newantrim Rathbawn
Rinshinna Saleen Snugborough
Springfield Tawnycoolawee Tullycommons
In the Electoral Division of Breaghwy, the townlands of: —
Doogary Drumaleheen Kilkenny

[260] 5
SPECIFIED AREA OF CAVAN TOWN
The town of Cavan and its environs in the county of Cavan, comprising the
following areas: —
The Electoral Division of: —
Cavan Urban
In the Electoral Division of Cavan Rural, the townlands of: —
Annagelliff Billis (Loughtee Upper By) Burgessacre
Carrickane Cullies (Loughtee Upper By) Creighan
Drumalee (Loughtee Upper By) Drumavanagh Drumelis
Drumkeen (Loughtee Upper By) Drumlark Keadew
Killygarry Kilnavara Killynebber
Latt Lisdaran Part of
Drumalee
(Loughtee
Upper By)
Part of Kinnypottle Pollamore Far Pollamore
Near
Rosscolgan Stragelliff Swellan