S.I. No. 476/2000 - European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations, 2000

ARRANGEMENT OF REGULATIONS

Preliminary and General

Regulation
---	---
1.	Citation.
2.	Construction of Enactment.
3.	Interpretation.
4.	Application.
5.	Competent authorities.
6.	Immunity of competent authorities.
7.	Revocations and savings.

Major Accident Hazards

8.	Demonstration of safe operation.
9.	General duties of operators.
10.	Major accident prevention policy.
11.	Notification of establishments.
12.	Safety reports.
13.	Review and revision of safety reports.
14.	Investigation of details of a safety report.
15.	Internal emergency plans.
16.	External emergency plans.
17.	Supplementary provisions to Regulation 16.
18.	Review and testing of emergency plans.
19.	Information for the safety of the public.
20.	Notice for information.

Major Accidents

21.	Scene of major accident.
22.	Notification of major accidents.
23.	Examination and tests of plant, process or procedure.
24.	Special reports on major accidents by inspector.
25.	Power of Minister to direct formal investigation.
26.	Inquest in case of death by major accident.
27.	Notifiable incidents and register.

Enforcement and Regulation

28.	Functions of Central Competent Authority.
29.	Advice on Land Use Planning.
30.	Inspectors.
31.	Warrant of appointment as inspector.
32.	General powers of inspectors.
33.	Powers of inspectors for purpose of safeguarding persons and the environment.
34.	Application to High Court by Central Competent Authority.
35.	Service of Documents.

Disclosure of Information, Translations of Reports

36.	Restrictions on disclosure of information.
37.	Translations of reports.

Offences and Penalties

38.	Offences.
39.	Onus of proof.
40.	Liability of operators.
41.	Liability of directors and officers of bodies corporate.
42.	Forgery of documents.
43.	Personation.
44.	Obstruction of inspector or authorised officer.
45.	Penalties.
46.	Prosecution of offences.
47.	Cost of prosecutions.

Charges for Services

48.	Charges for services

FIRST SCHEDULE

Annex I to Council Directive 96/82/EC

(Application of the Directive)

SECOND SCHEDULE

Annex III to Council Directive 96/82/EC

(Major Accident prevention policy and safety management systems)

THIRD SCHEDULE

Information to be included in a notification under Regulation 11 (1)

FOURTH SCHEDULE

Part I Purpose of Safety Reports

Part 2 Annex II to Council Directive 96/82/EC

(Data and information in a safety report)

FIFTH SCHEDULE

Part I Objectives of an Emergency Plan

Part 2 Annex IV to Council Directive 96/82/EC

(Data and information in emergency plans)

SIXTH SCHEDULE

Annex V to Council Directive 96/82/EC

(Public Communication)

SEVENTH SCHEDULE

Annex VI to Council Directive 96/82/EC

(Major accidents and near misses)

EIGHTH SCHEDULE

Notifiable incidents

NINTH SCHEDULE

Annex to Commission Decision of 26 June, 1998 on Harmonised Criteria for Dispensations according to Article 9 of Council Directive 96/82/EC

S.I. No. 476 of 2000.

EUROPEAN COMMUNITIES (CONTROL OF MAJOR ACCIDENT HAZARDS INVOLVING DANGEROUS SUBSTANCES) REGULATIONS, 2000.

I, MARY HARNEY, Minister for Enterprise, Trade and Employment, in exercise of the powers conferred on me by Section 3 of the European Communities Act, 1972 (No. 27 of 1972) as amended by Section 5 of the European Communities (Amendment) Act, 1993 (No. 25 of 1993), and for the purpose of giving effect to Council Directive 96/82/EC of 9th December, 1996¹ , hereby make the following regulations:

Preliminary And General

1.

2.

3.

“An Bord Pleanála” means the body referred to in section 102 of the Planning and Development Act, 2000 (No. 30 of 2000);

“Authority” means the Central Competent Authority;

“Central Competent Authority” has the meaning assigned to it by Regulation 5;

“Competent Authority” means an authority referred to in Regulation 5 and to which Article 16 of the Directive relates;

“dangerous substance” means a substance, mixture or preparation—

• (a) specified in Part 1 of Annex I to the Directive (which Annex is set out in the First Schedule), or

• (b) generally considered to fulfil any of the categories laid down in Part 2 of Annex 1 to the Directive (which Annex is set out in the First Schedule),

and present in the quantities to which Annex 1 (which is set out in the First Schedule) relates for the purpose of the application of Articles 6 and 7 and Article 9 of the Directive;

“Directive” means Council Directive 96/82/EC of 9 December, 1996¹ , on the control of major accident hazards involving dangerous substances;

“establishment” means the whole area under the control of an operator where dangerous substances are present in one or more installations, including common or related infrastructures or activities and includes new, existing and other establishments;

“existing establishment” means an establishment which, prior to the commencement of these Regulations, was subject to the provisions of the 1986 to 1992 Regulations;

“external emergency plan” has the meaning assigned to it by Regulation 16;

“functional area” means—

• (a) in relation to a planning authority, the functional area of that planning authority as defined by the Planning and Development Act, 2000 , and

• (b) in relation to a local competent authority, the area in respect of which a public authority has been designated to be a local competent authority;

“functions”, in relation to competent authorities, includes powers and duties and a reference to the performance of a function includes, with respect to powers, a reference to the exercise of a power;

“hazard” means the intrinsic property of a dangerous substance or physical situation, with a potential for creating damage to human health and/or the environment;

“health board” means a health board established under the Health Act, 1970 (No. 1 of 1970), or an Area Health Board established under the Health (Eastern Regional Health Authority) Act, 1999 (No. 13 of 1999);

“inspector”, in relation to a Central Competent Authority, means an officer of the Authority appointed under Regulation 30 to act as an inspector for the purpose of these Regulations;

“installation” means a unit within an establishment in which dangerous substances are, or are intended to be, produced, used, handled or stored, and includes—

• (a) equipment, structures, pipework, machinery and tools,

• (b) private railway sidings, docks and unloading quays serving the installation, and

• (c) jetties, warehouses or similar structures, whether floating or not,

which are necessary for the operation of the installation;

“internal emergency plan” has the meaning assigned it by Regulation 15;

“internal waters” has the same meaning as it has in the Mari-time Jurisdiction Act, 1959 (No. 22 of 1959);

“land” includes any land covered with water;

“local authority” means—

• (a) in the case of a county borough, the corporation of the county borough, and

• (b) in the case of any other administrative county, the council of the county;

“local competent authority” shall be construed in accordance with Regulation 5;

“major accident” means an occurrence such as a major emission, fire or explosion resulting from uncontrolled developments in the course of the operation of any establishment, leading to a serious danger—

• (a) to human health, or

• (b) to the environment,

whether immediate or delayed, inside or outside the establishment, and involving one or more dangerous substances;

“Minister” means the Minister for Enterprise, Trade and Employment;

“new establishment” means an establishment—

• (a) which began construction or operation after the commencement of these Regulations, or

• (b) in respect of which there has been a modification after the commencement of these Regulations which makes it subject to Regulations 12 to 19 of these Regulations;

• (c) which becomes an establishment to which these Regulations apply by virtue of a modification taking place after the commencement date of these Regulations;

“notifiable incident” has the meaning assigned to it by Regulation 27;

“notification” has the meaning assigned to it by Regulation 11;

“operator” means any person who operates or holds an establishment or installation or has been given, by or under any enactment, decisive economic power in the technical operation thereof and where the context requires includes any person who proposes to have any such responsibility;

“other establishment” means an establishment which, prior to the commencement of these Regulations, was not subject to the provisions of the 1986 to 1992 Regulations;

“planning authority” has the meaning assigned to it by the Planning and Development Act, 2000 (No. 30 of 2000);

“presence of dangerous substances” includes those substances present as a raw material, product, by-product, residue or intermediate and the anticipated presence of such substances and the presence of those which it is reasonable to believe may be generated during the loss of control of an industrial chemical process and the word ‘present’ shall be construed accordingly;

“risk” means the likelihood of a specific effect occurring within a specified period or in specified circumstances;

“safety report” has the meaning assigned to it by Regulation 12;

“storage” includes the presence of dangerous substances for the purpose of warehousing, depositing in safe custody or keeping in stock;

“the 1986 to 1992 Regulations” means the European Communities (Major Accident Hazards of Certain Industrial Activities) Regulations, 1986 to 1992.

• (2) In these Regulations any reference to Annex I, II, III, IV, V and VI to the Directive is a reference to the relevant Annex to the Directive and which Annexes are set out in the First, Fourth, Second, Fifth, Sixth and Seventh Schedule respectively, to these Regulations.

• (3) In determining the presence of dangerous substances the columns in Parts 1 and 2 of the First Schedule shall be applied in accordance with the provisions of the introduction to that Schedule and the notes set out in each of the respective parts.

• (4) In these Regulations any reference to the beginning of construction or operation of an establishment shall be construed, subject to paragraph (5), as a reference to the beginning of construction or operation, as the case may be, of an installation in the establishment, or where there is or is to be more than one installation in the establishment, the one whose construction or operation, as the case may be, is first begun.

• (5) Where after the commencement date of these Regulations an establishment becomes subject to the provisions of any of the Regulations by virtue of any change in the quantity, nature or physical form of the dangerous substances present there or a modification of the type referred to in Regulation 12(6), any reference in these Regulations to the beginning of operation shall be a reference to the time the establishment first becomes so subject.

• (6) A word or expression that is used in these Regulations and is also used in the Directive has, unless the contrary intention appears, the same meaning in these Regulations as it has in the Directive.

• (7)
• (a) A reference in these Regulations to a Regulation or a Schedule is to a Regulation of or a Schedule to these Regulations unless it is indicated that a reference to some other enactment is intended.

• (b) A reference in these Regulations to a paragraph or subparagraph is to the paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

• (8) In these Regulations a reference to any enactment shall be construed as a reference to that enactment as amended or adapted by any subsequent enactment.

4.

• (2) These Regulations shall not apply to—

• (a) any property occupied by the Defence Forces and any land or premises referred to in section 268 (1) of the Defence Act, 1954 (No. 7 of 1954);

• (b) hazards created by ionising radiation;

• (c) the occurrence outside an establishment of—

• (i) the transport of dangerous substances by road, rail, internal waterways, sea or air,

• (ii) intermediate temporary storage associated with a subparagraph (i) activity,

• (iii) the loading or unloading of dangerous substances at docks, wharves or marshalling yards,

• (iv) the transport to and from another means of transport at docks, wharves or marshalling yards, and

• (v) the transport of dangerous substances in pipelines and pumping stations.

• (d) the activities of extractive industries concerned with exploration for, and the exploitation of, minerals in mines and quarries or by means of boreholes;

• (e) waste land-fill sites.

5.

• (a) the National Authority for Occupational Safety and Health (in these Regulations referred to as the Central Competent Authority) which shall have responsibility for ensuring compliance with these Regulations and shall fulfil the functions assigned to it by these Regulations,

• (b) a public authority which the appropriate Minister has designated under paragraph (2) as a local competent authority for the purposes of these Regulations,

• (c) a tribunal appointed by the Minister under Regulation 25.

• (2)
• (a) Where the appropriate Minister is of the opinion that the services of a public authority are required for the implementation of any of the functions of a local competent authority under these Regulations in respect of an area, then that Minister shall, subject to subparagraph (b), designate that public authority to be a local competent authority for that area as respects the matters referred to in the designation,

• (b) Except in the case of a designation by the Minister, the Minister for the Environment and Local Government, the Minister for Health and Children, the Minister for Justice, Equality and Law Reform or the Minister for the Marine and Natural Resources, a designation of a public authority under this paragraph shall not be made until all of the Ministers aforesaid have been consulted by the appropriate Minister who intends to make the designation.

• (3) In this Regulation—

“appropriate Minister” means—

• (a) in relation to the exercise by a Minister of the Government of any powers, functions or duties vested in him by virtue of any enactment in respect of a public authority, that Minister, and

• (b) in relation to the administration and business of the public service by virtue of any enactment by a Department of State in respect of a public authority, the Minister of the Government having charge of that Department;

“public authority” means any person or body exercising powers or performing duties for the benefit of the public by virtue of any enactment or otherwise under law and includes—

• (a) the Garda Síochána.

• (b) a local authority,

• (c) a health board,

• (d) a harbour authority within the meaning of the Harbours Act, 1946 (No. 9 of 1946),

• (e) a company established pursuant to Section 7 of the Harbours Act, 1996 (No. 11 of 1996).

6.

7.

• (a) the European Communities (Major Accident Hazards of Certain Industrial Activities) Regulations, 1986 ( S.I. No. 292 of 1986 ),

• (b) the European Communities (Major Accident Hazards of Certain Industrial Activities) (Amendment) Regulations, 1989 ( S.I. No. 194 of 1989 ), and

• (c) the European Communities (Major Accident Hazards of Certain Industrial Activities) (Amendment) Regulations, 1992 ( S.I. No. 21 of 1992 ),

are hereby revoked.

• (2) A notification prepared pursuant to Regulations 12 or 13 of the 1986 to 1992 Regulations, an internal emergency plan prepared pursuant to Regulation 15 of those Regulations, an external emergency plan prepared pursuant to Regulation 16 of those Regulations and the information to be provided pursuant to Regulation 18 of those Regulations shall, while the establishment to which it relates continues and until the time referred to in paragraph (3), be kept up to date in accordance with those Regulations as if they had not been revoked.

• (3) The time referred to in paragraph (2) in relation to an establishment is—

• (a) in the case of a notification, when a safety report has been sent to the Central Competent Authority pursuant to Regulations 12 or 13 of these Regulations, and

• (b) in the case of an internal emergency plan or external emergency plan, when an internal emergency plan or external emergency plan, as the case may be, has been prepared pursuant to Regulations 15 or 16 of these Regulations,

• (c) in the case of information to be provided, when information has been provided pursuant to Regulation 19 of these Regulations.

• (4) The provisions of these Regulations are, except where otherwise provided, in addition to and not in substitution for any other enactment, including—

• (a) the Environmental Protection Agency Act, 1992 (No. 7 of 1992),

• (b) the Explosives Act, 1875 (No. 18 of 1875),

• (c) the Dangerous Substances Acts, 1972 and 1979,

• (d) the Safety, Health and Welfare at Work Act, 1989 (No. 7 of 1989).

Major Accident Hazards

8.

• (2) In respect of an establishment to which this Regulation applies, the operator shall, whenever requested by the Central Competent Authority or by an inspector of that Authority, provide or cause to be provided to the Authority or to that person such evidence (including documents) to prove that he has—

• (a) identified the major accident hazards, and

• (b) taken all necessary measures to comply with these Regulations.

9.

• (a) to prevent major accidents occurring, and

• (b) to limit the consequences of any such major accidents for man and the environment.

• (2) Without prejudice to the generality of paragraph (1), the matters in respect of which the necessary measures are to be taken by the operator shall include—

• (a) the identification of all major accident hazards in the establishment including an assessment of the extent and severity of the consequences of such accidents;

• (b) the provision and maintenance of installations and systems of work and of the means of entry to and exit from the establishment or any part thereof that are, so far as is reasonably practicable, without risk for man and the environment;

• (c) the making of arrangements to ensure that the use, handling, storage and transport of dangerous substances in the establishment are, so far as is reasonably practicable, without risk for man and the environment;

• (d) the provision of such information, instruction, equipment, training and supervision as is necessary to ensure, so far as is reasonably practicable, the occupational safety and health of the persons working in the establishment;

• (e) the use of the best practicable means—

• (i) to prevent a major emission into the environment from any part of the establishment of dangerous substances resulting from uncontrolled developments in that establishment, and

• (ii) for rendering harmless and inoffensive such substances as may be so emitted.

• (3) An operator of an establishment on being notified in writing by the Central Competent Authority, that the establishment has been identified by the Authority as part of a group of establishments where the likelihood and the possibility or consequences of a major accident may be increased because of the location and the proximity of such establishments, and their inventories of dangerous substances, shall—

• (a) provide suitable information in an appropriate manner about the establishment to each other establishment in the group to enable them to take account of the nature and extent of the overall hazard of a major accident in their major accident prevention policy documents, safety reports and internal emergency plans,

• (b) take account in the manner as outlined in sub-paragraph (3)(a) of information provided to him by each establishment in the group, and

• (c) co-operate with those establishments to enable them to carry out any obligations they have under Regulations 15(1), 17(3) and 19(1).

10.

• (2) The major accident prevention policy document shall—

• (a) be designed to guarantee a high level of protection for man and the environment by appropriate means, structures and management systems, and

• (b) take account of the principles specified in Annex III to the Directive (which is set out in the Second Schedule).

• (3) In the event of a modification of the establishment or any part thereof which shall include any modification to an installation, storage facility, process or nature or quantity of dangerous substances, which could have significant repercussions on major accident hazards, the operator shall review and, where necessary revise, the major accident prevention policy document pursuant to compliance with paragraph (2).

• (4) An operator shall implement the policy set out in his major accident prevention policy document.

11.

• (a) the start of construction of an establishment,

• (b) the start of operation of an establishment,

send to the Authority a notification containing the information specified in the Third Schedule.

• (2) Notwithstanding paragraph (1) it shall be sufficient compliance with that paragraph if the operator of an existing or other establishment sends the notification required by paragraph (1) to the Central Competent Authority not later than 3 months after the coming into operation of these Regulations.

• (3) Paragraph (1)(b) shall not require the notification to contain information already contained in the notification sent pursuant to paragraph (1)(a) if that information is still valid and accurate.

• (4) An operator shall immediately inform the Central Competent Authority in writing in the event of—

• (a) any significant increase in the quantity, or a significant change in the nature or physical form, of a dangerous substance present, as indicated in the notification provided pursuant to paragraphs (1) or (2), or any change in the processes employing it, or

• (b) permanent closure of the installation.

• (5) Paragraphs (1), (2) and (4) shall not require the notification of any information which has been included in a safety report already submitted to the Central Competent Authority.

• (6) An operator shall as soon as practicable after the coming into operation of these Regulations, but in any event not later than 3 months after such date, submit in writing to the planning authority in whose functional area the establishment is situated and to any other planning authority whose functional area may be affected by a major accident at the establishment—

• (a) confirmation that the establishment is subject to these Regulations, and

• (b) the details outlined in paragraphs (a), (d), (e), (g) and (i) of the Third Schedule.

12.

• (2) Where an operator wishes to construct an establishment he shall include in the safety report required by paragraph (1) information which is sufficient for the purposes laid down in paragraphs 2 and 3(a) of Part 1 of the Fourth Schedule and such of the information laid down in Part 2 of that Schedule as is relevant for that purpose and shall not begin such construction until he has received from the Central Competent Authority the conclusions of its examination of said safety report.

• (3) Where an operator wishes to begin operation of an establishment he shall include in the safety report required by paragraph (1) information which is sufficient for the purposes laid down in Part 1 of the Fourth Schedule and the information laid down in Part 2 of the Fourth Schedule and shall not begin such operation until he has received from the Central Competent Authority its conclusions of its examination of said safety report.

• (4) A safety report submitted to the Central Competent Authority in pursuance of paragraph (3) shall not be required to contain information already contained in the safety report sent in pursuance of paragraph (2) if that information is still valid and accurate.

• (5) In the case of existing or other establishments an operator shall prepare, in such form as is acceptable to the Central Competent Authority, a written safety report comprising at least details to meet the requirements of Part 1 and Part 2 of the Fourth Schedule and submit it in triplicate to the Authority—

• (a) in the case of an other establishment not later than the 3rd day of February 2002, and

• (b) in the case of an existing establishment not later than the 3rd day of February 2001.

• (6) In the case of an establishment becoming a new establishment by virtue of a modification occurring due to a change in the classification of a substance or as a result of a change in the provisional classification in accordance with, or an amendment to, or a current adaption to technical progress of, the Directives laid down in Note 1 of Part 2 of the First Schedule to these Regulations it shall be sufficient compliance with paragraph (1) if the operator sends the safety report required by that paragraph to the Central Competent Authority not later than one year after such modification occurs.

• (7) Where it is demonstrated by an operator of an establishment to the satisfaction of the Central Competent Authority that particular substances to which these Regulations apply which are present at the establishment, or any part thereof, are in a state incapable of creating a major accident hazard, then the Authority may, in writing and in accordance with the harmonised criteria specified in the Annex to Commission Decision 98/433/EC of 26th June 1998² (which are set out in the Ninth Schedule), limit the information required in a safety report to those matters which are relevant to the prevention of residual major accident hazards and the limitation of their consequences for man and the environment.

• (8) A safety report prepared by an operator by virtue of the provisions of this Regulation or Regulation 13 shall include the major accident prevention policy document required by Regulation 10 as an integral part thereof.

• (9) The Central Competent Authority may request additional copies of the safety report referred to in this Regulation and the operator concerned shall submit to the Authority, within one month of the receipt of the request, the number of additional copies so requested.

• (10) It shall be the duty of every operator to provide to the Central Competent Authority any information requested by it following its examination of a safety report required by these Regulations.

• (11) Nothing in this Regulation shall limit or restrict the exercise of the powers vested in the Central Competent Authority and its inspectors under Regulation 33.

• (12) Where the construction, but not the operation, of an establishment has begun before the coming into operation of these Regulations, and such an establishment was not subject to the provisions of the 1986 to 1992 Regulations, then such an establishment shall be deemed to be an other establishment.

13.

• (a) where no previous safety report has been submitted in accordance with this paragraph, within the period of five years of submitting the safety report for the purpose of Regulation 12, or

• (b) where a previous report has been submitted in accordance with sub-paragraph (a), within the period of five years of such report having been so submitted, or

• (c) where a modification is proposed to an establishment or an installation thereat, a process or procedure carried on there or the nature or quantity of dangerous substances present and that modification could have significant repercussions for the prevention of major accidents, or

• (d) where justified by new facts or circumstances or in order to take account of any new technical knowledge about safety matters or any developments in knowledge concerning the assessment of hazards—

• (i) on the initiative of the operator, or

• (ii) at the request of the Central Competent Authority,

review and where necessary revise, the most recent safety report prepared and submitted in respect of the establishment and submit the revised details without delay to the Central Competent Authority in a manner which, in the opinion of the Authority, can be easily integrated into such report or alternatively shall submit a revised report.

• (2) Notwithstanding paragraph (1) where any review under subparagraphs (1)(a) or (1)(b) does not result in a revision of the safety report being required the operator shall so inform the Central Competent Authority in writing forthwith.

• (3) Every submission by an operator of an establishment to the Central Competent Authority in respect of paragraph (1)(c) shall be submitted by him before the modification is implemented.

• (4) For the purposes of this Regulation an establishment shall be deemed to be continuing in operation if at the date concerned dangerous substances are or are intended to be produced, used, handled or stored in one or more installations within the establishment.

14.

• (a) submitted to the Central Competent Authority a safety report or revised details or a submission for the purpose of Regulations 12 or 13, or

• (b) provided the Central Competent Authority with information for the purpose of Regulation 19,

and where the Authority considers that the safety report, revised details or submission or the information so provided is inadequate in content, detail or method of assessment, then the Authority shall, by notice in writing, require the operator at his own expense—

• (i) to have the basis of the safety report, details so submitted and of any information so provided examined forthwith by a competent person or organisation,

• (ii) to have the report of the examination prepared and submitted to him by the competent person or organisation as soon as possible, and

• (iii) to furnish the Authority with a copy of that report within seven days of its submission to him.

• (2) The report of the examination carried out for the purpose of paragraph (1) shall include details of—

• (a) the scope, thoroughness or otherwise and conclusions of the examination, and

• (b) such other matters as the Central Competent Authority may specify in the notice under paragraph (1).

• (3) If the Central Competent Authority is not satisfied as to the adequacy of an examination or report under paragraph (2) or with the competence of the person or organisation who undertook the examination, the Authority may, by notice in writing, require the operator at his own expense to have the matter re-examined in accordance with the notice by a person or organisation nominated by the Authority and the operator shall make available any necessary facilities for such re-examination, and the Authority shall consider any representations made by the operator concerning matters of confidentiality in relation to the application of this paragraph.

• (4) It shall be a good defence for a person prosecuted for contravening this Regulation to prove that such person took all steps which were reasonably practicable to comply with the requirements of the relevant notice.

15.

• (2) An operator shall prepare the internal emergency plan required by virtue of paragraph (1)—

• (a) in the case of new establishments, prior to the commencement of operation,

• (b) in the case of another establishment, not later than the 3rd day of February, 2002,

• (c) in the case of an existing establishment, not later than the 3rd day of February, 2001.

16.

• (a) in its functional area an establishment is in operation or is proposed to be in operation, or

• (b) outside its functional area (whether within the State and its internal waters or otherwise) an establishment is in operation or is likely to be in operation which, in the opinion of the Central Competent Authority, could cause a major accident leading to a serious danger within the functional area of the local competent authority to man or to the environment,

to prepare, subject to paragraph (3)(a), in accordance with Regulation 17 an emergency plan (in these Regulations referred to as an ‘external emergency plan’) for action outside the establishment in relation to possible major accidents at the establishment and which shall include arrangements for co-ordinating off-site action and resources.

• (2) A local competent authority shall provide such information from the external emergency plan to the operator concerned as is relevant to the performance of the duties of that operator under Regulations 15 and 19.

• (3) Where a person is responsible for, or proposes to be responsible for, an establishment outside the State or its internal waters and in respect of which a notification has been given to a local competent authority by virtue of paragraph (1)(b), then—

• (a) in preparing the external emergency plan, Regulation 17 shall be constructed as if it did not include paragraphs (2)(c) and (3), and

• (b) the local competent authority shall provide to the said person such information from the external emergency plan as it considers appropriate.

17.

• (a) fulfil the objectives specified in Article 11(2) of the Directive which are set out in Part 1 of the Fifth Schedule, and

• (b) include the data and information laid down in paragraph 2 of Annex IV to the Directive (which is set out in paragraph 2 of Part 2 of the Fifth Schedule).

• (2) A local competent authority shall, in preparing an external emergency plan, consult with—

• (a) other local competent authorities in whose functional area the establishment to which the plan relates is or is to be situated or whose functional area might be affected by a major accident at the establishment,

• (b) such persons or authorities outside the State as have responsibility for the preparation and implementation of external emergency plans in respect of such establishments as are referred to in Regulation 16(3),

• (c) the operator in respect of whose establishment the plan relates,

• (d) the Central Competent Authority, and

• (e) such other persons, including the public, as appear to the local competent authority to be appropriate to consult with in the circumstances.

• (3)
• (a) For the purpose of enabling any local competent authority to prepare or amend an external emergency plan in relation to an establishment, the operator shall provide such local competent authority with such information as may reasonably be required for that purpose including the nature, extent and likely effects inside and outside the relevant establishment of possible major accidents and the information shall be supplied in sufficient time and in such form as may be requested to allow the local competent authority to meet its obligations pursuant to paragraph (4).

• (b) Any information requested by a local competent authority from an operator pursuant to subparagraph (a) shall be supplied not later than one month after having been so requested or within such longer period as the local competent authority may agree to allow.

• (4) An external emergency plan shall be prepared by the relevant local competent authority using such information as is available to it—

• (a) (i) in the case of new establishments prior to commencement of operation,

• (ii) in the case of another establishment not later than the 3rd day of February 2002,

• (iii) in the case of an existing establishment not later than 3rd February 2001,

or

• (b) not later than four months after being notified by the Central Competent Authority of the operation of an establishment or the proposed operation of an establishment,

whichever is the later.

• (5) Whenever a local competent authority informs the Central Competent Authority that an operator has not complied with a request made by it under paragraph (3), the Central Competent Authority shall, if of the opinion after consulting with the local competent authority that the request was reasonable, take such measures as are necessary to have the information provided.

• (6)
• (a) A local competent authority may authorise in writing, either generally or specifically, any of its officers (hereinafter referred to as an “authorised officer”) to do either or both of the following, that is to say—

• (i) enter at all reasonable times any establishment within its functional area, and

• (ii) require and receive from the operator concerned such information as the local competent authority may reasonably require for the purpose of preparing or amending the external emergency plan.

• (b) An authorised officer shall be furnished with a warrant of the officer's appointment and, when exercising any power conferred on an authorised officer under these Regulations, shall, if requested by any person affected, produce the warrant to that person.

• (7) Where in preparing an external emergency plan for an establishment a local competent authority is satisfied that a major accident may have an effect outside the State or its internal waters then such authority shall provide sufficient information to the persons specified in Regulation 17(2)(b) in the potentially affected State to allow the preparation of such emergency plans as may be necessary.

• (8) The Central Competent Authority may decide, by virtue of the information contained in a safety report that the requirement for a local competent authority to prepare an external emergency plan shall not apply and in that event shall notify the local competent authority in writing of that decision, giving reasons for that decision when so notifying the local competent authority.

18.

• (a) review and, where necessary, revise and update the plan, and

• (b) ensure that the plan is tested,

and any such review shall take into account changes occurring in the establishment concerned or within the emergency services concerned, new technical knowledge and knowledge concerning the response to major accidents.

• (2) A local competent authority who has prepared an emergency plan pursuant to Regulation 16 shall periodically and as often as the circumstances require it but in any event at intervals not exceeding 3 years—

• (a) review and, where necessary, revise and update the plan, and

• (b) ensure that the plan is tested,

and any such review shall take into account changes occurring in the establishment concerned or within the emergency services concerned, new technical knowledge and knowledge concerning the response to major accidents.

• (3) An operator who has prepared an emergency plan pursuant to Regulation 15 shall put it into effect without delay when—

• (a) a major accident occurs, or

• (b) an uncontrolled event occurs which by its nature could reasonably be expected to lead to a major accident.

• (4) A local competent authority who has prepared an emergency plan pursuant to Regulation 16 shall put it into effect without delay when—

• (a) a major accident occurs, or

• (b) an uncontrolled event occurs which by its nature could reasonably be expected to lead to a major accident.

19.

• (a) inform persons (other than persons working at an establishment) who are likely to be habitually in the specified area of the safety measures and of the correct behaviour which should be adopted in the event of a major accident, and

• (b) make the information referred to in paragraph (a) and the safety report referred to in Regulations 12 and 13 available to any member of the public who requests it.

• (2) In preparing the information referred to in paragraph 1(a) the operator shall ensure that—

• (a) it includes the information specified in Annex V of the Directive (which is set out in the Sixth Schedule), and

• (b) that consideration is given to any relevant provisions in the external emergency plan.

• (3) The operator shall ensure that the information referred to in paragraph (1)(a) is supplied to the persons referred to in paragraph (1)(a) without any such person having to request it, and the operator shall ensure that the supply of the information is repeated at least every five years.

• (4) The information referred to in paragraph (1)(a) shall be reviewed by the operator at least every three years and in any event whenever a modification of an establishment to which Regulation 13(1)(c) refers occurs, and if as a result of such review the information requires to be revised the operator shall make such revisions and arrange for the supply of the revised information to the persons referred to in paragraph 1(a).

• (5) The operator shall ensure that the information referred to in paragraph (1)(a) is supplied to the persons referred to in that paragraph—

• (a) in the case of a new establishment, before it commences operation, and

• (b) in the case of an existing or other establishment, not later than the time specified in Regulation 12(5) for the submission of a safety report.

• (6)
• (a) The operator of an establishment may request any local competent authority in whose functional area the establishment is situated to enter into an agreement with the operator whereby such authority would arrange for—

• (i) the supply of the information referred to in paragraph (1)(a) to the persons referred to in that paragraph, and

• (ii) the making available of the information referred to in paragraph (1)(a) and the safety report prepared pursuant to Regulations 12 and 13 to members of the public who request it.

• (b) In the absence of such an agreement the operator shall remain responsible for ensuring that it complies with this Regulation.

• (c) A local competent authority shall not enter into an agreement referred to in subparagraph (a) unless the agreement specifies the information to be provided for the purpose of paragraph (1) and, where an agreement is so entered into, the authority concerned shall take the measures necessary for the application of paragraph (1) in respect of that information.

• (d) A local competent authority may charge the operator a fee in respect of the performance of its obligations under the agreement and any such fee shall be recoverable by the local competent authority from the operator as a simple contract debt.

• (7) In this Regulation “the specified area” means that area which is likely to be affected by a major accident at the establishment.

• (8)
• (a) The specified area shall be determined—

• (i) by the operator concerned with the agreement of the Central Competent Authority, or

• (ii) where the operator concerned and the Central Competent Authority are not in agreement, by the Authority.

• (b) Where the Central Competent Authority has been obliged, by reason of failure to co-operate, delay or other unreasonable behaviour on the part of the operator concerned, to determine the specified area under subparagraph (a)(ii), then the reasonable expenses incurred by the Authority (or such portion thereof as may be attributable to such failure, delay or other unreasonable behaviour) in determining that area shall be recoverable by the Authority from that operator as a simple contract debt.

• (9) Where the Central Competent Authority or such persons or authorities referred to in Regulation 17(2)(b) brings to the attention of a local authority, which is designated as a local competent authority by virtue of Regulation 5(2), that a major accident at an establishment outside the State or its internal waters may potentially affect persons in the specified area within its functional area, the local authority shall—

• (a) consult with the persons and authorities laid down in Regulation 17(2)(b),

• (b) fulfil the obligations referred to in Regulation 19(1)(a) and 19(2)(a) in so far as the information required is available, and

• (c) ensure that the information provided takes into consideration any relevant provisions in the external emergency plan prepared by virtue of Regulation 16(1)(b).

• (10) Notwithstanding the provisions of this Regulation, an operator need not make available such parts of a safety report as the Central Competent Authority agrees in writing may be omitted for the purposes of this Regulation, and which parts relate to matters of industrial, commercial or personal confidentiality, public security or national defence, and in such event the report as so amended shall be furnished to the Central Competent Authority, and such amended report shall be made available to the public in lieu of the safety report prepared pursuant to Regulations 12 and 13.

• (11) Where pursuant to paragraph (8) it is established that a major accident may have an effect outside the State then the operator shall provide the information referred to in paragraph (1), in such reasonable quantities as may be requested, to the persons specified in Regulation 17(2)(b).

20.

• (2) The Central Competent Authority shall not serve a notice for information unless, having regard to all the circumstances of the particular case, that information is in the opinion of the Authority reasonably required for the evaluation of any major accident hazard created by, or which in the opinion of the Authority might be created by, an establishment.

• (3)
• (a) Where a person is aggrieved by a notice for information served on him, he or she may, within the period of 21 days beginning on the day on which the notice is so served, appeal to a Judge of the District Court against the notice and in determining the appeal the Judge may—

• (i) if he or she is satisfied that in the circumstances of the case it is reasonable so to do, confirm the notice, with or without modification, or

• (ii) cancel the notice.

• (b) Where on the hearing of an appeal under this paragraph a notice for information is confirmed the Judge may, on the application of the appellant, suspend the operation of the notice for such period as in the circumstances of the case he or she considers appropriate.

• (c) An appeal by a person under this paragraph shall be brought before and heard and determined by a Judge of the District Court for the time being assigned to the district where—

• (i) the establishment, or any part thereof, to which the notice for information relates is situated, or

• (ii) the person to whom the notice for information was addressed ordinarily resides or carries on any profession, business or occupation.

• (d) The Judge determining an appeal under this paragraph may make such order as to the payment of costs in respect of the appeal as he or she considers appropriate.

• (4) Where no appeal is brought against the notice a person to whom a notice for information is addressed shall provide the information requested in that notice—

• (a) on the expiration of the period during which such an appeal may be taken, or

• (b) within the period of time specified in the notice for the purpose of the furnishing of the information, or

• (c) prior to the expiry of such extended period for so doing as the Central Competent Authority may agree in writing,

whichever is the later.

• (5) Where an appeal is brought in accordance with the provisions of this Regulation and the notice is confirmed on appeal (with or without modification) or the appeal is withdrawn, a person to whom a notice for information is addressed shall provide the information requested in that notice—

• (a) on the day following the day on which the notice is so confirmed or the appeal is withdrawn, or

• (b) within the period of time specified in the notice for the purpose of the furnishing of the information, or

• (c) in case the operation of the notice has been suspended in accordance with paragraph (3)(b), on the expiration of the period that the Judge of the District Court considered appropriate for the purpose of that paragraph,

whichever is the later.

• (6) Where any opinion of the Central Competent Authority to which paragraph (2) relates purports to be contained in any document which—

• (a) purports to have been made by or at the direction of the Authority, and

• (b) is produced in evidence by an officer of the Authority in any proceedings,

such document shall be admissible in evidence and shall be evidence of any such opinion in such proceedings without further proof.

• (7) Information sought pursuant to paragraph (1) may include information—

• (a) to fully assess the possibility of a major accident,

• (b) to determine the scope of possible increased probability, aggravation or consequences of major accidents,

• (c) to permit the preparation of an external emergency plan,

• (d) to allow substances to be taken into account which, due to their physical form, particular conditions or location, may require additional consideration.

Major Accidents

21.

• (2) Where the operator concerned informs the Central Competent Authority of the occurrence of a major accident in accordance with Regulation 22(1)(a) and no action has been taken by the Central Competent Authority or an inspector thereof within the period of three clear working days from the receipt of such information, then paragraph (1) shall cease to have effect on the expiration of that period.

• (3) In any proceedings taken in respect of a contravention of this Regulation consisting of the doing of any act, it shall be a defence to prove that the doing of such act was necessary—

• (a) to secure the safety or health of any person, or

• (b) to secure the safety of the place where the accident occurred, or

• (c) to prevent damage to the environment.

• (4) In this Regulation “working day” means a day other than a public holiday within the meaning of the Organisation of Working Time Act, 1997 (No. 20 of 1997), a Saturday or a Sunday.

22.

• (a) immediately inform the Central Competent Authority of that occurrence,

• (b) provide the Central Competent Authority with the following information as soon as it becomes available—

• (i) the circumstances of the accident,

• (ii) the dangerous substances involved,

• (iii) the data available for assessing the effects of the accident on man and the environment, and

• (iv) the emergency measures taken,

• (c) inform the Central Competent Authority of the steps envisaged to alleviate any medium-term or long-term effects of the accident and to prevent any recurrence of such an accident.

• (d) update the information provided if further investigation reveals additional facts which alter that information or the conclusions drawn.

• (2) The Central Competent Authority shall supply each of the local competent authorities with such information relating to major accidents as each of those authorities may reasonably require for the purpose of reviewing their external emergency plans which have been prepared under Regulation 16.

• (3) It shall be the duty of any person having any information relevant to the occurrence or analysis of a major accident to provide such information to the Central Competent Authority when requested to do so.

• (4) Where the occurrence of a major accident has been notified to the Central Competent Authority which accident involves the death of one or more persons, the Central Competent Authority shall, as soon as practicable, notify each coroner in whose district a person has died whose death may be linked to the accident concerned of the application of these Regulations to the establishment concerned, and the duties placed on a coroner by Regulation 26.

• (5) Nothing in paragraph (4) shall remove any obligation otherwise imposed by law on a person to notify a coroner of the death of a person.

23.

• (a) to have that installation, or in case the accident is believed to have been so caused by a part thereof, that part, examined and tested forthwith by a competent person,

• (b) to have that process or procedure investigated thoroughly forthwith, including any necessary analysis and tests, by a competent person, and

• (c) to have a report of the results of the examination, tests and investigation prepared and submitted to the operator by the person by whom the examination, tests or investigation (as the case may be) was carried out as soon as practicable but in any event not later than 28 days after the completion of the examination, tests or investigation or such longer period as the Central Competent Authority may agree to in writing, and

• (d) to furnish a copy of the report to the Authority within seven days of its being submitted in accordance with subparagraph (c).

• (2) A report required by virtue of paragraph (1) shall include particulars of—

• (a) the name and qualifications of the person or persons conducting the relevant examination, test or investigation,

• (b) the manner in which the relevant examination, test or investigation was carried out,

• (c) the method used when making any tests or analysis,

• (d) any structural or other weakness or defect which in the opinion of the person carrying out the examination would affect the ultimate strength of, or account for any failure in, the installation or the part thereof examined, and

• (e) such other matters as the Central Competent Authority may specify when making the requirement.

• (3) If the Central Competent Authority is not satisfied as to the adequacy of a report submitted for the purpose of this Regulation, the competence of a person conducting the examination or any test or investigation for the purpose of the report, or the adequacy of the examination or of any test or investigation the Authority may require the operator to have a further examination, test or investigation carried out at his or her own expense by a person nominated by the Authority and, where the Authority so requires, the operator shall provide the necessary facilities for such further examination, test or investigation.

• (4) An operator shall comply with a notice issued in accordance with paragraph (1).

• (5) It shall be a good defence for a person prosecuted for contravening this Regulation to prove that he or she used every reasonable effort to comply with the requirements of the relevant notice.

• (6) The Central Competent Authority shall consider any representations made by the operator on matters of confidentiality in relation to the application of this Regulation.

24.

• (2) The Central Competent Authority may make available the whole or any part of a special report made by virtue of paragraph (1) to any local competent authority for the purpose of enabling or assisting any such authority to perform its functions.

• (3) The Central Competent Authority may cause the whole or any part of a special report prepared by virtue of paragraph (1) to be made available to the public at such time and in such manner as the Minister considers appropriate.

• (4) The Central Competent Authority shall consider any representations made by the operator on matters of confidentiality in relation to the application of this Regulation.

• (5) Nothing in this Regulation shall be construed as giving to an operator or any other person the right to see or to be shown a special report or any part thereof, prior to the special report or any part thereof being made available to the public or to a local competent authority.

25.

• (a) the causes and circumstances of any major accident or notifiable incident, or

• (b) an alleged failure of a local competent authority to perform its functions under these Regulations,

but the Minister shall not make such a direction until after he or she has obtained the consent to the holding of the investigation of every other Minister of the Government who has appointed a local competent authority whose functional area has been affected by such major accident or notifiable incident or which allegedly has failed to perform its functions, as the case may be.

• (2) The provisions of this Regulation shall have effect in relation to the investigation.

• (3) The Minister may appoint a competent person or persons to hold the investigation, and may appoint any person possessing legal or special knowledge to act as assessor in relation to the investigation.

• (4) The person or persons so appointed (in these Regulations referred to as “the tribunal”) shall hold the investigation in such manner and under such conditions as the tribunal may think most effective for ascertaining the causes and circumstances of the major accident or notifiable incident or for investigating the alleged failure of a local competent authority to perform its functions, as the case may be, and for enabling the tribunal to make its report.

• (5) The tribunal shall have for the purposes of the investigation all the powers of a Judge of the District Court when hearing a prosecution for an offence under these Regulations and in addition, shall have the power—

• (a) to enter and inspect any place or building the entry or inspection whereof appears to the tribunal requisite for the said purposes;

• (b) by summons signed by a member of the tribunal to require the attendance of all such persons as it thinks fit to call before it and examine on oath for the said purposes, and to require answers or returns to such inquiries as it thinks fit to make;

• (c) to require the production in legible form of, and to inspect and copy, any information kept or capable of being reproduced, in a legible form;

• (d) to administer an oath and require any person examined to make and sign a declaration of the truth of the statements made by that person in the course of the examination.

• (6) Persons attending as witnesses before the tribunal shall be allowed such expenses as would be allowed to witnesses attending before a court of record and, in case of dispute as to the amount to be allowed, the dispute shall be referred by the tribunal to a taxing master of the High Court who, on request signed by the tribunal, shall ascertain and certify the proper amount of the expenses.

• (7) The tribunal shall make a report to the Minister stating its findings as to the causes and circumstances of the major accident or notifiable incident, or its conclusions on the alleged failure of the local competent authority in question to perform its functions, as the case may be, and adding any observations which the tribunal thinks right to make.

• (8) The tribunal may direct that the expenses or any part thereof incurred in and about an investigation under this Regulation (including the remuneration of any persons appointed to act as assessors) be paid in whole or part by any person summoned before it who appears to the tribunal to be, by reason of any act or default on his part or on the part of any servant or agent of his, responsible in any degree for the matter under investigation by the tribunal but any such expenses not directed to be so paid shall be deemed to be part of the expenses of the Minister in the administration of these Regulations and in the case of a dispute as to the amount of such expenses or any part thereof, the dispute shall be referred by the tribunal to a taxing master of the High Court who, on request signed by the tribunal, shall ascertain and certify the proper amount of the expenses.

• (9) A person shall not without reasonable excuse (proof whereof shall lie with him or her)—

• (a) refuse, after having had the expenses (if any) to which he or she is entitled tendered to him or her, to comply with any summons or requisition of the tribunal, or

• (b) prevent or impede the tribunal in the execution of its duty.

• (10) The Minister may cause the whole or any part of the report of the tribunal made by virtue of paragraph (7) to be made available to the public at such time and in such manner as the Minister considers appropriate.

• (11) The Minister may cause the report of the tribunal or any part of the report to be made available to the relevant local competent authorities as necessary in relation to their functions under these Regulations.

• (12) The Minister, prior to making available the report or any part thereof to the public pursuant to paragraph (10), or a relevant local competent authority pursuant to paragraph (11), shall consider any representations made by the operator to the tribunal regarding matters of confidentiality.

• (13) Nothing in this Regulation shall be construed as giving to an operator or any other person the right to see or be shown the report of the tribunal or any part thereof, prior to such report, or part thereof, being made available to the public or to a relevant local competent authority.

26.

• (2) The coroner shall adjourn the inquest unless—

• (a) an inspector of the Central Competent Authority or some other person appearing on behalf of the Authority is present to watch the proceedings, or

• (b) in case the inquest relates to the death of not more than one person and the coroner has sent to the Central Competent Authority notice of the time and place of holding the inquest at such time as to reach the Authority not less than 24 hours before the time of holding the inquest, the majority of the jury think it unnecessary to adjourn the inquest.