Air Pollution Act 1987 (Registration of Fuel Bagging Operators and Suppliers, and Marketing, Sale, Distribution and Burning of Specified Fuels) (Amendment) Regulations 2016.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the Air Pollution Act 1987 (Registration of Fuel Bagging Operators and Suppliers, and Marketing, Sale, Distribution and Burning of Specified Fuels) (Amendment) Regulations 2016
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paragraphs: These Regulations come into effect on 17th November 2016.
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paragraphs: In these Regulations, save where the context otherwise requires:
(i) bituminous coal, (ii) low smoke solid fuel, or (iii) low smoke biomass product;
(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.
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paragraphs: The following persons or classes of person are specified for the purposes of Section 53(1)(ca) of the Act of 1987:
(a) Bagging operators supplying bituminous coal, low smoke solid fuel or low smoke biomass product for residential use within the State;
(b) Solid fuel suppliers.
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paragraphs: (1) An application pursuant to Regulation 4(a) shall be made by 1 September each year or such other date as the Agency may specify and be accompanied by the following information:
(a) Name, address and contact details (including telephone and e-mail details) of the person or persons responsible for the provision of registration information of the organisation;
(b) Fuel brands offered;
(c) Evidence of possession of a current tax clearance certificate issued by the Revenue Commissioners;
(d) such other information as the Agency may reasonably require for the purpose of fulfilling its functions in relation to establishing and maintaining a register of bagging operators;
(e) such fee as may from time to time be set by the Agency.
(2) An application pursuant to Regulation 4(b) shall be made by 1 September each year or such other date as the Agency may specify and accompanied by the following information:
(a) Name and address and contact details (including phone and e-mail details) of the person or persons responsible for the provision of registration information in the organisation;
(b) Trading name;
(c) Companies Registration Office number;
(d) Copy of certificate(s) of conformity for fuels supplied;
(e) Evidence of possession of a current tax clearance certificate issued by the Revenue Commissioners;
(f) such other information as the Agency may reasonably require for the purpose of fulfilling its functions in relation to establishing and maintaining a register of solid fuel suppliers;
(g) such fee as may from time to time be set by the Agency.
(3) A specified person shall notify the Agency of any change to the information provided under paragraphs 5(1) or 5(2) within one month of such change occurring.
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paragraphs: A bagging operator shall comply with such directions from the Agency as are necessary to rectify any findings arising from an audit by a certification body under Regulation 9A of the Fuel Regulations.
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paragraphs: Registrations shall be valid for one year or for such other period as may be specified by the Agency.
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paragraphs: A person or class of persons falling within the scope of Regulation 4 shall not carry out a fuel activity unless they are registered on the fuels register.
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paragraphs: The Fuel Regulations are amended as follows:
(1) in Regulation 4 by the substitution of the following definition for the definition of bag:
“‘Bag’ means a receptacle which is sealable containing a quantity of:
(a) bituminous coal;
(b) low smoke solid fuel; or
(c) low smoke biomass product”;
(2) in Regulation 4 by the substitution of the following definition for the definition of solid fuel supplier:
“‘solid fuel supplier’ means 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”;
(3) in Regulation 4 by the deletion of “‘bagging operator’ means a person or body engaged in the business of bagging or bailing solid fuel;”;
(4) in Regulation 4 by the deletion of ““Bagging Operator” means any person or body who or which carries out the business of bagging coal for residential supply within the State”;
(5) in Regulation 4 by the insertion of the following definition:
“‘Bagging Operator’ means a person or body engaged in the business of bagging or baling:
(i) bituminous coal, (ii) low smoke solid fuel, or (iii) low smoke biomass product;”;
(6) in Regulation 4 by the insertion of the following definition:
(7) in Regulation 4 by the insertion of the following definition: