EUROPEAN COMMUNITIES (GEOLOGICAL STORAGE OF CARBON DIOXIDE) REGULATIONS 2011
Source: Iris Oifigiúl 92 2011-11-18

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paragraphs: These Regulations may be cited as the European Communities (Geological Storage of Carbon Dioxide) Regulations 2011.
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paragraphs: (1) In these Regulations—
(2) A word or expression that is used in these Regulations and is also used in the Directive has the same meaning in these Regulations that it has in the Directive.
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paragraphs: (1) These Regulations provide for the implementation in the State of the legal framework for the environmentally safe geological storage of carbon dioxide (CO2) in such a way as to prevent and, where this is not possible, eliminate as far as possible negative effects and any risk to the environment and human health, and to contribute to the fight against climate change.
(2) These Regulations apply to the geological storage of CO2 in the territory of the State, its exclusive economic zone and on its continental shelf within the meaning of the United Nations Convention on the Law of the Sea.
(3) These Regulations do not apply to geological storage of CO2, with a total intended storage below 100 kilotonnes, undertaken for research, development or testing of new products and processes.
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paragraphs: (1) The storage of CO2 in a storage site in part or in the whole of the area referred to in Regulation 3(2) is not permitted.
(2) The storage of CO2 in a storage site with a storage complex extending beyond the area referred to in Regulation 3(2) is not permitted.
(3) The storage of CO2 in the water column is not permitted.
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paragraphs: The Minister, in consultation with the Minister for the Environment, Community and Local Government shall designate a competent authority for the purposes of these Regulations and the Directive.
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paragraphs: In case of transboundary transport of CO2, a transboundary storage site or a transboundary storage complex, the competent authority designated pursuant to Regulation 5, and the competent authority of the other Member State concerned shall jointly meet the requirements of the Directive and of other relevant Community legislation.
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paragraphs: The Minister, in consultation with the Minister for the Environment, Community and Local Government shall make available to the public, environmental information relating to the geological storage of CO2 in accordance with provisions of the European Communities (Access to Information on the Environment) Regulations 2007 ( S.I. No. 133 of 2007 ).
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paragraphs: The Minister, in consultation with the Minister for the Environment, Community and Local Government shall submit to the Commission a report on the implementation of the Directive, and in accordance with any detailed provisions of a questionnaire adopted by the Commission pursuant to Article 27 of the Directive.
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paragraphs: (1) A person who fails to comply with Regulation 4 of these Regulations is guilty of an offence.
(2) A person guilty of an offence under these Regulations shall be liable—
(a) on summary conviction to a “Class A fine” or imprisonment for a term not exceeding 6 months or both, or
(b) on conviction on indictment, to a fine not exceeding €500,000 or to imprisonment for a term not exceeding 3 years or both.
(3) Summary proceedings for an offence under these Regulations may be brought and 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, connivance of or to be attributable to any neglect on the part of a person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person, as well as the body corporate, is guilty of an offence and is liable to be proceeded against and punished as if he or she were guilty of the first mentioned offence.
(5) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851 summary proceedings for an offence under these Regulations may be instituted not later than 2 years from the date of the offence.
The Minister for the Environment, Community and Local Government hereby consents to the foregoing Regulations in so far as they relate to the activities specified in Regulations 5, 7 and 8 of these Regulations.