EUROPEAN COMMUNITIES (CONTROL OF DANGEROUS SUBSTANCES FROM OFFSHORE INSTALLATIONS) REGULATIONS 2009
Source: Iris Oifigiúl 2009-09-11

num: 1
paragraphs: These Regulations may be cited as the European Communities (Control of Dangerous Substances from Offshore Installations) Regulations 2009.
num: 2
paragraphs: (1) In these Regulations—
(2) A word or expression which is used in these Regulations and which is also used in the Directive has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Directive.
num: 3
paragraphs: (1) A person shall not discharge or cause or permit the discharge of a dangerous substance from an offshore installation into the territorial seas except under and in accordance with a discharge permit.
(2) A person who contravenes—
(a) paragraph (1), or
(b) a condition attaching to a discharge permit under Regulation 6,
num: 4
paragraphs: (1) The Minister, after consultation with the Marine Institute and any other authority as the Minister considers appropriate may grant a permit (“discharge permit”) for a limited period only to a person who applies to the Minister to discharge a dangerous substance from an offshore installation into the territorial seas.
(2) An applicant for a discharge permit shall apply for the permit not less than 60 days prior to the proposed commencement of the discharge for which the permit is being applied for.
(3) The Minister shall not grant a discharge permit if, in the opinion of the Minister—
(a) the applicant is unable to comply with limits on the quantity and concentration of a dangerous substance that may be discharged,
(b) the applicant is unable to comply with the required emissions standards,
(c) it is necessary in order to secure compliance with environmental quality objectives or standards, or
(d) it is necessary for the protection of human health, plant health, animal health or welfare, or the environment.
num: 5
paragraphs: An application for a discharge permit shall—
(a) identify any dangerous substance which is intended to be discharged,
(b) indicate the quantity of the discharge of each dangerous substance,
(c) indicate the frequency of the discharge of each dangerous substance,
(d) indicate the nature of the operation for which any dangerous substance is required and the technical reasons justifying the need to discharge each dangerous substance, and
(e) give details of the specific pollution abatement measures to be adopted.
num: 6
paragraphs: (1) A discharge permit shall be subject to conditions—
(a) limiting the discharge of a dangerous substance,
(b) establishing, in relation to the discharge of a dangerous substance, emission standards, set in accordance with Article 6 of the Directive,
(c) identifying, by means of a map or otherwise, the boundaries or limits of the place or waters in relation to which discharge of a dangerous substance may take place,
(d) relating to monitoring and inspection of discharges and emission standards,
(e) specifying operational practices,
(f) relating to the use and storage of any dangerous substance on offshore installations, and
(g) requiring the keeping of records relating to a condition to which this Regulation relates.
(2) A level of discharge or an emission standard referred to in paragraphs (1)(a) and (b) shall be set by the Minister based on relevant environmental quality objectives or standards published by the Minister for the Environment, Heritage and Local Government and taking into account, in particular, the toxicity, persistence and bioaccumulation of the substance concerned in the environment into which it is discharged.
(3) A person shall not contravene a discharge or an emission standard referred to in paragraph (2) except in accordance with an enactment giving effect to an act of an institution of the European Communities relating to the protection of the environment.
(4) Any conditions attached to a permit under this Regulation shall be binding on any person discharging, or causing or permitting the discharge of a dangerous substance to which the permit relates.
num: 7
paragraphs: The Minister may require an applicant for a discharge permit to submit plans, operational information, site information or other particulars in relation to the activity to which the application relates, or to the emission or discharge of a dangerous substance due to that activity as the Minister considers necessary for the purpose of determining an application or for determining whether there are no suitable alternatives to the proposed discharge.
num: 8
paragraphs: (1) Where the period in respect of which a discharge permit has been granted has expired a person may apply for a renewal of the permit.
(2) In deciding whether or not to grant the renewal of a discharge permit the Minister shall take into account any changes in the emission limit values laid down by the Directives referred to in Annex IX to Directive 2000/60/EC.
num: 9
paragraphs: (1) A holder of a discharge permit (“permit holder”) shall maintain and make available for inspection by an authorised officer records which relate to the use or discharge of a dangerous substance.
(2) Without prejudice to the generality of paragraph (1), records which a permit holder shall maintain and keep available for inspection include—
(a) records of receipt of a dangerous substance,
(b) records of storage of a dangerous substance,
(c) records of use of a dangerous substance,
(d) records of discharge of a dangerous substance, and
(e) records relating to any accidental discharge of a dangerous substance.
(3) The Minister may determine the format of records to be maintained under this Regulation and if he or she does so, a permit holder shall maintain the records in that format.
(4) The records referred to in this Regulation may be maintained in a form that is not legible if they are capable of being converted into a legible form.
(5) A person who contravenes a requirement of this Regulation commits an offence.
num: 10
paragraphs: (1) The Minister may appoint such and so many persons as he or she considers appropriate to be authorised officers for the purposes of these Regulations.
(2) Every authorised officer shall be furnished with a certificate of his or her appointment and, when exercising any power conferred on him or her under these Regulations, the authorised officer shall, if requested by any person affected, produce the certificate to that person.
(3) The Minister may terminate the appointment of an authorised officer whether or not the appointment was for a fixed period.
(4) An appointment as an authorised officer ceases—
(a) if it is terminated pursuant to paragraph (3),
(b) if it is for a fixed period, on the expiry of that period, or
(c) if the person appointed is an officer of the Minister, upon the person ceasing to be such an officer.
(5) Nothing in paragraph (4) is to be read so as to prevent the Minister from re-appointing as an authorised officer a person to whom that paragraph relates.
num: 11
paragraphs: (1) An authorised officer shall, for the purposes of these Regulations, have power to do any one or more of the following:
(a) at any time enter, board, inspect, examine and search any premises at which the authorised officer has reasonable grounds for believing that—
(i) a dangerous substance is present, has been present or may be present,
(ii) a dangerous substance is or has been kept, processed, stored or otherwise dealt with,
(iii) equipment, plant or machinery used in connection with a dangerous substance is present, has been present or may be present, or
(iv) a document relating to a thing referred to in subparagraphs (i), (ii) or (iii) is present, was present or may be present,
(b) require that such premises and anything at it be left undisturbed for so long as is reasonably necessary for the purpose of any search, examination, investigation, inspection or inquiry,
(c) carry out, or have carried out, such tests, analyses, examinations or inspections of any dangerous substance found at the premises as the authorised officer considers appropriate,
(d) take, without payment, samples of any dangerous substance found at the premises for the purposes of analysis and examination,
(e) take any measurements or photographs or make any tape, electrical or other recordings that the authorised officer considers necessary for the purposes of any search, examination, inspection, investigation or inquiry,
(f) where appropriate, install, use and maintain at the premises monitoring instruments to monitor the effects of any discharge of a dangerous substance,
(g) require the production of, or inspect or take copies of any records (including records stored in non-legible form) or extracts from them, that the authorised officer finds in the course of his or her inspection,
(h) remove any such records from the premises and detain them for such period as he or she reasonably considers to be necessary for further examination or until the conclusion of any legal proceedings,
(i) give a direction to, or require that any person whom the authorised officer finds at a premises or the owner or operator of the premises and any person employed there to give such information and assistance as the authorised officer considers necessary to enable him or her to exercise any of his or her powers under these Regulations or for the purpose of undertaking a monitoring, investigation or surveillance programme for the purposes of the Directive,
(j) take, remove and retain for such period as is necessary any dangerous substance found at the premises for all or any of the following purposes:
(i) to examine or arrange for the examination, testing or analysis of the dangerous substance;
(ii) to ensure that it is not tampered with before the examination of it under subparagraph (i) is completed;
(iii) to ensure that it is available for use as evidence in any proceedings,
(k) where necessary, dispose of or require the disposal of a dangerous substance in respect of which there has been or there appears to the authorised officer to have been a contravention of these Regulations at the expense of the person in charge of or in possession of the dangerous substance.
(2) Where an authorised officer believes, upon reasonable grounds, that a person has committed an offence under these Regulations, he or she may require that person to provide him or her with his or her name and the address at which he or she ordinarily resides.
(3) Where an authorised officer in exercise of his or her powers under this Regulation is prevented from entering any premises, an application may be made under Regulation 12 for a warrant authorising such entry.
(4) An authorised officer shall not enter a dwelling, other than-
(a) with the consent of the occupier, or
(b) pursuant to a warrant under Regulation 12.
(5) An authorised officer, when exercising a power under this Regulation, may be accompanied by other persons (including a member of the Garda SÃ­ochÃ¡na) and may take with him or her, or those persons may take with them, any equipment or materials to assist the officer in the exercise of the power.
(6) An authorised officer is not liable in any proceedings for anything done in the purported exercise of his or her powers under this Regulation if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it.
(7) Without prejudice to the generality of paragraph (1), a direction or requirement of an authorised officer may include conditions—
(a) prohibiting, restricting or otherwise controlling the use, processing or movement of a dangerous substance, a vehicle, vessel, container, equipment, machinery or other thing as may be specified by the authorised officer, or
(b) requiring that the person to whom the direction is addressed to take the measures specified by the authorised officer.
(8) If in the course of exercising any powers under these Regulations an authorised officer or a member of the Garda SÃ­ochÃ¡na finds or comes into possession of any thing that the officer or member believes to be evidence of an offence or suspected offence under these Regulations, it may be seized and retained for use in evidence in criminal proceedings.
(9) Nothing in these Regulations operates to prejudice a power conferred by another enactment to search, or to seize or detain property, which may be exercised by a member of the Garda SÃ­ochÃ¡na or an officer of Customs and Excise.
(10) Any certificate or other evidence given, or to be given, in respect of any test, examination or analysis of any sample shall, in relation to that sample, be evidence without further proof, of the result of the test, examination or analysis unless the contrary is shown.
num: 12
paragraphs: (1) If a judge of the District Court is satisfied by information on oath of an authorised officer that there are reasonable grounds for believing that—
(a) a dangerous substance or equipment or other thing made, used or adapted for use (including manufacture and transport) in connection with a dangerous substance is or may be found on a premises,
(b) records (including documents stored in a non-legible form) related to a thing to which subparagraph (a) refers is or may be on a premises, or
(c) there is, or such an inspection is likely to disclose, evidence of or relating to a contravention of these Regulations,
num: 13
paragraphs: A person who-
(a) obstructs or interferes with an authorised officer or a person who accompanies an authorised officer in the exercise of his or her powers under Regulation 11 or a warrant under Regulation 12, or impedes the exercise by the officer or the person who accompanies him or her, as the case may be, of such power,
(b) fails, without reasonable cause, to comply with a requirement or direction of an authorised officer under Regulation 11,
(c) fails, without reasonable cause, to give assistance to an authorised officer in accordance with Regulation 11, or
(d) gives to an authorised officer information that the person knows to be false or misleading in a material respect,
num: 14
paragraphs: (1) If an authorised officer is of the opinion that—
(a) these Regulations are not being or have not been complied with or there are reasons to believe that they will not be complied with,
(b) a condition of a discharge permit is not being or has not been complied with or there are reasons to believe that it will not be complied with, or
(c) the discharge or emission of a dangerous substance presents a risk to the environment,
(2) A compliance notice may specify one or more of the following requirements:
(a) direct that the discharge or emission of a specified dangerous substance cease or be reduced in a manner that may be specified by the authorised officer,
(b) require that a dangerous substance be disposed of or destroyed in a manner specified in the notice,
(c) prohibit or regulate any operation or processing on the premises to which the notice relates,
(d) prohibit the transport or the further transport of a dangerous substance either absolutely or unless such conditions as may be specified in the notice are complied with,
(e) require a person to return a dangerous substance to the place of departure by a route which in the opinion of the authorised officer is the most direct or prudent,
(f) require that such alterations be made to a premises or means of transport as may be specified in the notice,
(g) require a person to secure a dangerous substance in such manner as may be specified by the authorised officer,
(h) direct that such alterations or additions be made to the premises, land or place at which the dangerous substance is kept, or to the equipment and facilities found there, as the officer may specify in the notice, or
(i) direct that such other measures be taken as are necessary to ensure compliance with these Regulations.
(3) A person shall comply with a compliance notice or a requirement of a compliance notice unless and until the notice is cancelled under Regulation 15.
(4) A compliance notice may refer to one or more dangerous substances.
(5) A requirement contained in a compliance notice may specify a time limit within which it is to be complied with.
(6) A compliance notice may require a person to choose between two or more of the requirements specified in the compliance notice.
(7) A requirement specified in a compliance notice (in this Regulation referred to as “the earlier notice”) may be modified or withdrawn in a further compliance notice and in that event the earlier notice shall have effect subject to such modification or withdrawal.
(8) In the event of an appeal being made pursuant to Regulation 15 a person, including the appellant, shall not deal with a premises to which a compliance notice relates pending the determination of the appeal other than in accordance with such directions as shall be given in writing to the appellant by an authorised officer.
(9) If the terms of a compliance notice are confirmed with or without modification by the judge of the District Court hearing an appeal under Regulation 15, a person, including the appellant, shall not deal with a premises to which the compliance notice relates other than in accordance with the compliance notice as confirmed.
(10) A person who fails to comply with a compliance notice within the specified period commits an offence.
(11) Any costs pertaining to action required to comply with a compliance notice will be borne by the owner or the operator of the premises to which the compliance notice relates.
num: 15
paragraphs: (1) A person aggrieved by a compliance notice may, within 7 days beginning on the day on which the notice is served on him or her, appeal against the notice to a judge of the District Court in the district court district in which the notice was served.
(2) Notice of an appeal shall be served on the Minister at least 2 days prior to the hearing of the appeal by serving it on the Minister or by leaving it at the place and in the manner (if any) specified in the compliance notice.
(3) A notice of appeal shall contain a statement of the grounds upon which it is alleged that the compliance notice or any of the terms specified in the notice are not justified.
(4) On the hearing of an appeal under this Regulation a judge of the District Court may—
(a) if he or she is satisfied that in the circumstances of the case it is reasonable so to do, confirm the compliance notice, with or without modification, or
(b) cancel the notice.
num: 16
paragraphs: (1) Without prejudice to Regulation 14, an authorised officer may at any time seize a dangerous substance, if—
(a) the person in control of the dangerous substance fails to comply with the terms of a compliance notice within the time specified therein,
(b) the authorised officer has reasonable grounds for believing that the terms of a compliance notice will not be complied with,
(c) a compliance notice has been confirmed with or without modification under Regulation 15 and the notice has not been complied with,
(d) the authorised officer has reasonable grounds for believing that the terms of a compliance notice which has been confirmed with or without modification under Regulation 15 will not be complied with, or
(e) pending the determination of an appeal, the authorised officer has reasonable grounds for believing that directions given pursuant to Regulation 14 (8) have not been or shall not be complied with.
(2) If a dangerous substance is seized in accordance with paragraph (1), an authorised officer may—
(a) sell, destroy or dispose of the dangerous substance or cause it to be sold, destroyed or be disposed of, or
(b) take such other measures in relation to the dangerous substance as the authorised officer considers appropriate in the circumstances of the case.
(3) Any profits arising out of the sale, destruction or disposal of a dangerous substance in accordance with paragraph (2) shall be paid to the owner of the dangerous substance less any expenses incurred in connection with the seizure, sale, destruction or disposal.
(4) The costs (including ancillary costs) of a measure taken under this Regulation are recoverable by the Minister as a simple contract debt in a court of competent jurisdiction from the person who was the owner of the dangerous substance at the time the measure was carried out.
num: 17
paragraphs: (1) The Minister shall, after consultation with the Marine Institute, publish or cause to be published a programme, in accordance with Article 6 of the Directive, containing measures aimed at reducing pollution from dangerous substances used on offshore installations, within twelve months of the commencement of these Regulations.
(2) The programme referred to in paragraph (1) shall take account of other programmes established to achieve the objectives of Directive 2000/60/EC or other acts of the institutions of the European Communities that are, in the opinion of the Minister, necessary, ancillary or supplementary to achieving the objectives of the Directive.
(3) The Minister may amend or replace a programme under paragraph (1).
num: 18
paragraphs: (1) The Minister may, after consultation with the Marine Institute, in respect of an area that is the subject of a discharge permit, or adjacent to an area that is the subject of a discharge permit, establish water quality standards in respect of a particular substance or class of substances and different standards may be established for different substances or classes of substance and for different areas.
(2) The Minister may amend or replace a water quality standard established under paragraph (1).
(3) A person who fails to comply with a water standard established under paragraph (1) commits an offence.
num: 19
paragraphs: (1) Any compliance notice, or other document required or authorised to be served, sent or given under these Regulations on or to any person may be served or sent in one of the following ways:
(a) by delivering it to the person,
(b) by leaving it at the address at which the person ordinarily resides or carries on business,
(c) by sending it by post in a pre-paid registered letter to the address at which the person ordinarily resides or carries on business,
(d) if an address for the service of notices has been furnished by the person, by leaving it at, or sending it by pre-paid registered post addressed to him or her to, that address,
(e) where the address at which the person ordinarily resides or carries on business cannot be ascertained by reasonable inquiry and the notice is required to be served on, or given to, him or her in respect of any premises, by delivering it to a person over 16 years of age resident in or employed on the premises, or by affixing it in a conspicuous position on or near the premises, or
(f) by sending it by means of electronic mail or a facsimile machine, to a device or facility for the reception of electronic mail or facsimiles located at the address at which the person carries on business or, if an address for the service of a notification has been furnished by the provider, that address, but only if—
(i) the sender’s—
(I) facility for the reception of electronic mail generates a message confirming a receipt of the electronic mail, or
(II) facsimile machine generates a message confirming successful transmission of the total number of pages of the notification,
(ii) the notification is also given in one of the other ways mentioned in any of the preceding subparagraphs.
(2) Where the name of the person concerned cannot be ascertained by reasonable inquiry any compliance notice, or other document may be addressed to “the occupier”, “the owner” or “the person in charge” as the case may require.
(3) A person who, at any time within 6 months after a compliance notice, or other document is affixed under paragraph (1)(e), removes, damages or defaces the compliance notice or other document without lawful authority, commits an offence.
(4) For the purposes of this Regulation, a company registered under the Companies Acts is considered to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body is considered to be ordinarily resident at its principal office or place of business.
num: 20
paragraphs: (1) A certificate purporting to be signed by an officer of the Minister and to certify that on a specific day or days or during the whole of a specified period—
(a) a particular person was not a holder of a discharge permit,
(b) that a particular discharge permit was subject to a particular condition or conditions, or
(c) that a particular water quality standard established under Regulation 18 applied to an area,
(2) In proceedings for an offence under these Regulations the court may, if it considers that the interests of justice so require, direct that oral evidence of the matters stated in a certificate under paragraph (1) be given, and the court may for the purpose of receiving oral evidence adjourn the matter.
(3) In proceedings for an offence, evidence of an act of the institutions of the European Communities may be given by production of a copy of the act certified by an officer of the Minister to be a copy of the act, and it is not necessary to prove the signature of the officer or that he or she is an officer of the Minister.
(4) Paragraph (3) is in addition to and not in substitution for the European Communities (Judicial Notice and Documentary Evidence) Regulations 1972 ( S.I. No. 341 of 1972 ).
num: 21
paragraphs: (1) A person who forges or utters knowing it to be forged—
(a) a discharge permit,
(b) a direction or requirement of an authorised officer under Regulations 11 and 14(8) (if the requirement or direction is in documentary form), or
(c) a compliance notice,
(2) A person who alters, with intent to defraud or deceive, or who utters knowing it to be so altered—
(a) a discharge permit,
(b) a direction or requirement of an authorised officer under Regulations 11 and 14(8) (if the requirement or direction is in documentary form), or
(c) a compliance notice,
(3) A person who, without lawful authority, has in his or her possession or under his or her control a forged document or an altered document commits an offence.
num: 22
paragraphs: (1) A person who commits an offence under Regulation 3, 6(3), 14(10) or 18(3) is liable-
(a) on summary conviction, to a fine not exceeding €5,000, or
(b) on conviction on indictment, to a fine not exceeding €500,000.
(2) A person who commits an offence under Regulation 9(5), 13, 19(3) or 21 is liable on summary conviction to a fine not exceeding €5,000.
(3) A summary offence under these Regulations may be prosecuted by the Minister.
(4) Where an offence under these Regulations is committed by a body corporate and is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of, any person being a director, manager, secretary or other officer of the body corporate, or a person who purported to act in any such capacity, that person, as well as the body corporate, commits an offence and is liable to be proceeded against and punished as if he or she committed the first-mentioned offence.
(5) If the affairs of a body corporate or unincorporated body are managed by its members, paragraph (4) applies in relation to the acts and defaults of a member in connection with functions of management as if the member is a director or manager of the body corporate.
(6) If a person is convicted of an offence under these Regulations the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the prosecutor the costs and expenses, measured by the court, reasonably incurred by the prosecutor in relation to the investigation, detection and prosecution of the offence, including costs incurred in the taking of samples, the carrying out of tests, examinations and analyses and in respect of the remuneration and other expenses of employees, consultants and advisers.