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STATUTORY INSTRUMENTS
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S.I. No. 630 of 2006
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Dangerous Substances (Retail and
Private Petroleum Stores) (Amendment) Regulations 2006
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I, Tony Killeen, Minister of State at the
Department of Enterprise, Trade and Employment, in exercise of the powers
conferred on me by sections 36 and 37(3) of the Dangerous Substances Act
1972 (No. 10 of 1972) and the Enterprise, Trade and Employment)(Delegation
of Ministerial Functions) Order 2005 ( S.I. No. 316 of 2005 ), hereby make
the following regulations:
1. (1) These
Regulations may be cited as the Dangerous Substances (Retail and Private
Petroleum Stores) (Amendment) Regulations 2006.
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(2) These
Regulations shall come into operation on 1 January 2007.
2. The
Dangerous Substances (Retail and Private Petroleum Stores) Regulations 1979
to 2004 and these Regulations may be cited as the Dangerous Substances
(Retail and Private Petroleum Stores) Regulations 1979 to 2006 and shall be
read together as one.
3. In
these Regulations -
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“Principal Regulations” means the Dangerous
Substances (Retail and Private Petroleum Stores) Regulations 1979 ( S.I. No.
311 of 1979 );
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“Regulations of 1988” means the Dangerous
Substances (Retail and Private Petroleum Stores) (Amendment) Regulations
1988 ( S.I. No. 303 of 1988 );
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“Regulations of 2004” means the Dangerous
Substances (Retail and Private Petroleum Stores) (Amendment) Regulations ( S.I.
No. 860 of 2004 ).
4. The
Principal Regulations are amended -
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(a) in
Regulation 4 (substituted by Regulation 3(f) of the Regulations of 1988) by
substituting the following for paragraph (2) (inserted by Regulation 4(a) of
the Regulations of 2004):
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“(2) Paragraph (1)(i) of this Regulation shall apply from 1 January 2007 to
31 December 2008”,
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and
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(b) by
substituting the following for Schedule 7 (substituted by Regulation 4(b) of
the Regulations of 2004):
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“SCHEDULE 7
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Regulation 4
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FORM OF
LICENCE TO KEEP PETROLEUM CLASS I AT RETAIL STORE OR PRIVATE STORE
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Dangerous Substances (Retail and Private
Petroleum Stores) Regulations 1979 to 2006
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Register No. ...............
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Total quantity authorised ...............
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Fee paid ...................................
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Licence to keep petroleum Class I at Retail
Store/Private Store
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Name of Licensing Authority
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.....................................................................
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Address of Licensing Authority
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..................................................................
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................................................................................................
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...........
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Licensee's Name
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................................................................................
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Licensee's Trade or Business
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.....................................................................
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Licensee's Address
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...............................................................................
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Location of proposed petroleum Retail
Store/Private Store
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................................................................................................
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........
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The
..........................................................., being the
licensing authority under the Dangerous Substances Act 1972 , grants this
licence authorising petroleum Class I (petroleum spirit) to be kept for the
period not exceeding ....... .......... from ....... .............. 20.., at
the petroleum retail store/private store at the above-named location,
subject to that Act and any orders and regulations made under or continued
by that Act and in force for the time being, and subject also to any
applicable bye-laws and to the conditions annexed hereto.
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Signed -
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Date -
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Conditions of issue of this licence -
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(1) This
store will not be eligible for a licence after 31 December 2008 unless it
meets fully the requirements of the Dangerous Substances Act 1972 , the
Dangerous Substances (Retail and Private Petroleum Stores) Regulations 1979
to 2006 and any subsequent Regulations amending those Regulations.
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(2) The
following conditions must be observed -
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a.
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b.
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c.
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d.
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e.
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”.
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GIVEN under my
hand,
18 December
2006
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Tony Killeen,
Minister of
State at the Department of Enterprise, Trade and Employment
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EXPLANATORY NOTE
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(This note
is not part of the Instrument and does not purport to be a legal
interpretation.)
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These Regulations provide for the amendment of the Dangerous Substances
(Retail and Private Petroleum Stores) Regulations 1979, as previously
amended by the Dangerous Substances (Retail and Private Petroleum
Stores)(Amendment) Regulations 1988, the Dangerous Substances (Retail and
Private Petroleum Stores)(Amendment) Regulations 1999, the Dangerous
Substances (Retail and Private Petroleum Stores)(Amendment) Regulations 2002
and the Dangerous Substances (Retail and Private Petroleum
Stores)(Amendment) Regulations 2004 ( S.I. No. 860 of 2004 ).
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Under the Regulations, as adapted by section
4(4) of the Safety, Health and Welfare at Work Act 2005 (No. 10 of 2005), a
retail and private petroleum store requires to be licensed by the local or
harbour authority or, where the store is owned by such authority, by the
Health and Safety Authority.
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The Regulations as amended, inter alia, provide for safety requirements in certain
circumstances for petrol filling stations, constructed before the 1979
Regulations commenced, to enable them to be licensed to operate until 31
December 2008.
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Safety controls on management and operations
are maintained.
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