European Communities (Major Accident Hazards of Certain Industrial Activities) Regulations, 1986.

S.I. No. 292/1986 - European Communities (Major Accident Hazards of Certain Industrial Activities) Regulations, 1986. S.I. No. 292 of 1986. EUROPEAN COMMUNITIES (MAJOR ACCIDENT HAZARDS OF CERTAIN INDUSTRIAL ACTIVITIES) REGULATIONS, 1986. ARRANGEMENT OF REGULATIONS Preliminary and General 1. Citation. 2. Commencement. 3. Interpretation. 4. Determination of indicative criteria. 5. Competent authorities. 6. Immunity of competent authorities, etc. 7. Exclusions. 8. Savings. Major Accident Hazards 9. Demonstration of safe operation and storage. 10. General duties of manufacturers. 11. Industrial activities to which Regulations 12 to 18 apply. 12. Notification of industrial activities, etc. 13. Reports relating to notifications, etc. 14. Investigation of details of notification, etc. 15. On-site emergency plans. 16. Off-site emergency plans. 17. Supplementary provisions to Regulations 16. 18. Information for the safety of the public, etc. 19. Notice for information. Major Accidents, etc. 20. Scene of major accident. 21. Notification of major accidents. 22. Examination and tests of plant, etc. 23. Special reports on major accidents by inspector. 24. Power to direct formal investigation. 25. Inquest in case of death by major accident. 26. Notifiable incidents and register. Enforcement and Regulation 27. Inspectors. 28. Certificate of appointment as inspector. 29. General powers of inspectors. 30. Powers of inspectors for purpose of safeguarding persons, etc. 31. Application to High Court by Central Competent Authority relating to dangerous conditions and practices. Disclosure of Information, Translations of Reports, etc. 32. Restrictions on disclosure of information. 33. Translations of reports, ect. Offences and Penalties 34. Offences. 35. Onus of proof. 36. Liability of manufacturers, etc. 37. Liability of directors and officers of bodies corporate. 38. Forgery, etc., of documents. 39. Personation, etc. 40. Obstruction, etc., of inspector or authorised officer. 41. Penalties. 42. Prosecution of offences. FIRST SCHEDULE Annex I to Council Directive 82/501/EEC SECOND SCHEDULE Annex II to Council Directive 82/501/EEC THIRD SCHEDULE Annex III to Council Directive 82/501/EEC FOURTH SCHEDULE Annex IV to Council Directive 82/501/EEC FIFTH SCHEDULE Part I Information to be included in a notification under Regulation 12 (1) Part II Annex V to Council Directive 82/501/ EEC SIXTH SCHEDULE Annex VI to Council Directive 82/501/EEC SEVENTH SCHEDULE Information to be included in a declaration under Regulation 12 (3) EIGHTH SCHEDULE Notifiable Incidents S.I. No. 292 of 1986. EUROPEAN COMMUNITIES (MAJOR ACCIDENT HAZARDS OF CERTAIN INDUSTRIAL ACTIVITIES) REGULATIONS, 1986. I, RUAIRÍ QUINN, Minister for Labour, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to Council Directive 82/501/EEC of 24th June 1982*, hereby make the following Regulations: *O.J. No. L 230, 5. 8. 1982, pp. 1-18. Preliminary and General 1 Citation. 1. These Regulations may be cited as the European Communities (Major Accident Hazards of Certain Industrial Activities) Regulations, 1986. 2 Commencement. 2. These Regulations shall come into operation on the 1st day of September, 1986. 3 Interpretation 3. (1) In these Regulations, unless the context otherwise requires— "the Central Competent Authority" has the meaning assigned to it by Regulation 5; "competent authorities" means the authorities to which Regulation 5 applies for the purpose of carrying out the functions assigned to them under these Regulations and to which Article 7 of the Directive relates; "dangerous substances" means, subject to Regulations 9 and 11— ) the substances generally considered to fulfil the indicative criteria laid down in Annex IV to the Directive (which is set out in the Fourth Schedule), ) the substances or group of substances specified in Annex II to the Directive (which is set out in the Second Schedule) in quantities to which that Annex relates for the purpose of the application of Articles 3 and 4 and Article 5 of the Directive, and ) the substances specified in Annex III to the Directive (which is set out in the Third Schedule) in quantities to which that Annex relates for the purpose of the application of Article 5 of the Directive; "the Directive" means Council Directive 82/501/EEC of 24 June 1982*, on major accident hazards of certain industrial activities; *O.J. No. L 230, 5. 8. 1982, pp. 1-18. "establishment" means— ) the whole of an area of land under the control of a manufacturer and includes any pier, jetty or similar structure, whether floating or not, or ) any other structure, whether floating or not, which is within the internal waters of the State and under the control of a manufacturer; "existing industrial activity" means an industrial activity which is not a new industrial activity; "functional area", in relation to a local competent authority, has the meaning assigned to it by Regulation 5; "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; "industrial activity" means— ) any operation carried out in an industrial installation referred to in Annex I to the Directive (which is set out in the First Schedule) involving, or possibly involving, one or more dangerous substances and capable of presenting major accident hazards, and includes transport carried out within the establishment for internal reasons and storage associated with any such operation within the establishment, and ) isolated storage; "inspector", in relation to the Central Competent Authority, means an officer of the Minister appointed under Regulation 27 to act as an inspector for the purposes of these Regulations; "internal waters" has the same meaning as it has in the Maritime Jurisdiction Act, 1959 (No. 22 of 1959); "isolated storage" means the storage of dangerous substances or groups of substances in circumstances and quantities to which Annex II to the Directive relates; "land" includes any land covered with water; "local authority" means— ) in the case of a county other than any borough, the council of the county, ) in the case of a county or other borough, the corporation of the borough, and ) in the case of an urban district, the council of the urban district; "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 an industrial activity, leading to a serious danger— ) to man, whether immediate or delayed or whether it occurs inside or outside the establishment, or ) to the environment, and involving one or more dangerous substances; "manufacturer" means a person responsible for an industrial activity and, where the context allows, includes a person who proposes to be responsible for an industrial activity; "the Minister" means the Minister for Labour; "new industrial activity" means an industrial activity— ) which began after the commencement of these Regulations, or ) in respect of which there has been a modification after the commencement of these Regulations which would be likely to have important implications for major accident hazards and that activity shall be deemed to have begun from the date on which the modification was made operational; "notifiable incident" has the meaning assigned to it by Regulation 26; "Off-site emergency plan" has the meaning assigned it by Regulation 16; "on-site emergency plan" has the meaning assigned to it by Regulation 15; "plant" includes any machinery, equipment, component or appliance. (2) In these Regulations any reference to Annex I, II, III, IV, V or VI to the Directive is a reference to the relevant Annex as set out in the First, Second, Third, Fourth, Fifth or Sixth Schedule, respectively, to these Regulations. (3) 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. (4) ( ) 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. ) 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. 4 Determination of indicative criteria. 4. (1) The methods of determination of indicative criteria laid down in Annex IV to the Directive shall— ) in relation to any flammable substance or explosive substance to which the said Annex IV relates, be in accordance with Annex V to Council Directive 67/548/EEC of 27th June, 1967*, *O.J. No. 196, 16. 8. 1967, pp. 234-256. ) in relation to any very toxic substance or any other toxic substance to which the said Annex IV relates, be in accordance with Annex V to Council Directive 67/548/EEC whenever the Central Competent Authority is of the opinion that other methods of determination are not reliable. (2) Where an opinion of the Central Competent Authority to which paragraph (1) ( ) relates purports to be contained in any document which— ) purports to have been made by or at the direction of the Authority, and ) 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 the opinion in such proceedings without further proof. (3) In this Regulation, a reference to Annex V to Council Directive 67/548/EEC is a reference to that Annex as amended or replaced from time to time. 5 Competent authorities. 5. (1) For the purpose of these Regulations and Article 7 of the Directive, each of the following shall be a competent authority to the extent specified— ) the Minister, who shall have responsibility for ensuring compliance with the provisions of these Regulations (in these Regulations referred to as the "Central Competent Authority"), ) a public authority which the appropriate Minister has by order appointed under paragraph (2) to be a local competent authority for the purposes of these Regulations, ) a tribunal appointed by the Minister under Regulation 24. (2) ( ) 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 ( ), by order appoint the public authority to be a local competent authority for that area (in these regulations referred to as the "functional area"). ) Except in the case of any order made by the Minister, the Minister for Justice, the Minister for the Environment or the Minister for Health, an order under this paragraph (including any order amending or revoking such an order) shall not be made until all of the Ministers aforesaid have been consulted by the appropriate Minister who intends to make the order. ) An appropriate Minister may by order amend or revoke any order made by him under this paragraph. (3) In this Regulation— "appropriate Minister" means— ) 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 ) 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— ) the Garda Síochána, ) a local authority, ) a health board established under the Health Act, 1970 (No. 1 of 1970). 6 Immunity of competent authorities, etc. 6. No action or other proceedings shall lie or be maintainable against any competent authority or any officer (including, in the case of the Central Competent Authority, an inspector of that Authority and, in the case of a local competent authority, an authorised officer of the authority) or servant of, or a person engaged by, any such authority for the recovery of damages in respect of any injury to persons or property alleged to have been caused or contributed to by a failure to perform or to comply with any functions provided for by these Regulations. 7 Exclusions. 7. These Regulations shall not apply to— ) any nuclear installation or plant for the processing of radioactive substances and material, ) any property occupied by the Defence Forces and to which section 268 (1) of the Defence Act, 1954 (No. 18 of 1954), relates, ) any place for the manufacture and separate storage of explosives, gunpowder and munitions, ) any mine or quarry within the meaning of section 3 of the Mines and Quarries Act, 1965 (No. 7 of 1965), and ) any installation which is the subject of a permit under Regulation 5 of the European Communities (Toxic and Dangerous Waste) Regulations, 1982 ( S.I. No. 33 of 1982 ). 8 Savings. 8. The provisions of these Regulations are, except where otherwise provided, in addition to and not in substitution for any other enactment, including— ) the Explosives Act, 1875, Major Accident Hazards 9 Demonstration of safe operation and storage. 9. (1) This Regulation and Regulation 10 shall apply to— ) an industrial activity, other than isolated storage, where— (i) there is or may be involved a dangerous substance which satisfies any of the indicative criteria laid down in Annex IV to the Directive (which is set out in the Fourth Schedule), or (ii) there is or may be involved a quantity of a dangerous substance specified in Annex III to the Directive (which is set out in the Third Schedule) which is equal to or more than the quantity specified in that Annex for the dangerous substance, ) isolated storage where there is or may be involved a quantity of a dangerous substance specified in Annex II to the Directive (which is set out in the Second Schedule) which is equal to or more than the quantity to which that Annex relates for the purpose of the application of Articles 3 and 4 of the Directive. (2) In respect of an industrial activity (including isolated storage) to which this Regulation applies, the manufacturer shall, whenever requested by the Central Competent Authority or by an inspector of the Authority, provide or cause to be provided to the Authority or to that person such evidence (including documents) to show that he has— ) identified the major accident hazards, and ) taken all necessary measures to comply with Regulation 10. 10 General duties of manufacturers. 10. (1) In respect of any industrial activity (including isolated storage) to which Regulation 9 relates, it shall be the duty of the manufacturer concerned to take all necessary measures— ) to prevent major accidents occurring in any establishment where such industrial activity is carried on, and ) 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 manufacturer shall include— ) the identification of all major accident hazards in the establishment; ) the provision and maintenance of plant 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 to the occupational safety and health of the persons working in the establishment; ) 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 to the occupational safety and health of the persons working in the establishment; ) 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; ) 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. 11 Industrial activities to which Regulations 12 to 18 apply. 11. Regulations 12 to 18 shall apply to— ) an industrial activity, other than isolated storage, where there is or may be involved a quantity of a dangerous substance specified in Annex III to the Directive (which is set out in the Third Schedule) which is equal to or more than the quantity specified in that Annex for the dangerous substance, and ) isolated storage where there is or may be involved a quantity of a dangerous substance specified in Annex II to the Directive (which is set out in the Second Schedule) which is equal to or more than the quantity to which that Annex relates for the purpose of the application of Article 5 of the Directive. 12 Notification of industrial activities, etc. 12. (1) Subject to the following paragraphs of this Regulation, a manufacturer shall not undertake any industrial activity unless he has prepared a written notification comprising details of the matters specified in Part I of the Fifth Schedule and has submitted it to the Central Competent Authority at least 6 months before beginning that activity or before such shorter period as the Authority may agree in writing. (2) In the case of a new industrial activity begun within six months of the commencement of these Regulations, it shall be a sufficient compliance with paragraph (1) if the manufacturer concerned submits to the Central Competent Authority the notification required by virtue of that paragraph within three months after the commencement of these Regulations or within such longer period as the Authority may agree in writing. (3) In the case of an existing industrial activity it shall, until the 8th day of July, 1989, be sufficient compliance with paragraph (1) if the manufacturer concerned submits to the Central Competent Authority within three months of the commencement of these Regulations a declaration relating to that activity and comprising details of the matters set out in the Seventh Schedule. (4) Where paragraph (3) applies, the Central Competent Authority may by a certificate in writing (which may be revoked in writing at any time) exempt any manufacturer or class of manufacturers from the requirements of paragraph (1) to submit to the Authority a written notification required by virtue of that paragraph. (5) Where a manufacturer has, in respect of an industrial activity, submitted a notification or declaration in accordance with paragraph (1) or (3), respectively, or has been exempted from the requirements of paragraph (1) by virtue of paragraph (4), he shall not make any modification to the industrial activity which is, by virtue of paragraph ( ) of the definition of "new industrial activity", deemed to be a new industrial activity unless— ) in the case of an industrial activity to which paragraph (3) or (4) relates, he complies with the provisions of paragraph (1) or, where appropriate, paragraph (2), and ) in every other case to which this paragraph applies, he submits to the Central Competent Authority so much of the information required by virtue of paragraph (1) as is necessary to indicate how the existing notification and any information previously submitted by virtue of this subparagraph will be affected by, and the nature of, the modification. 13 Reports relating to notifications, etc. 13. (1) In respect of an industrial activity which is continuing, the manufacturer concerned shall— ) where no previous report has been submitted in accordance with this paragraph, within the period of three years of submitting the notification for the purpose of Regulation 12 (1), or ) where a previous report has been submitted in accordance with this paragraph, within the period of three years of being so submitted, prepare a report in respect of the industrial activity which shall take account of any new technical knowledge relative to safety and any developments in knowledge concerning the assessments of hazards which relate to any particulars submitted for the purpose of Regulation 12 or this Regulation. (2) Every report prepared for the purpose of paragraph (1) shall be submitted by the manufacturer to the Central Competent Authority within the period of one month of such preparation or such longer period as the Authority may agree and may be included in any submission under Regulation 12. 14 Investigation of details of notification, etc. 14. (1) Where a manufacturer has— ) submitted to the Central Competent Authority a notification or a declaration for the purpose of Regulation 12 or a report for the purpose of Regulation 13, or ) provided the Central Competent Authority with information for the purpose of Regulation 19, and where the Authority considers that the notification, declaration or report so submitted or the information so provided is inadequate in content, detail or method of assessment, then the Authority shall, by notice in writing, require the manufacturer at his own expense— (i) to have the basis of 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— ) the scope, thoroughness or otherwise and conclusions of the examination, and ) 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 manufacturer 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 manufacturer shall make available any necessary facilities for such re-examination: Provided that the Central Competent Authority shall consider any representations made by the manufacturer on 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 he used all due diligence to comply with the requirements of the relevant notice. 15 On-site emergency plans. 15. (1) It shall be the duty of every manufacturer, after consulting such persons as appear to him to be appropriate, to prepare an adequate emergency plan (in these Regulations referred to as an "on-site emergency plan") in respect of each establishment which he is in control of, and every on-site emergency plan shall include— ) details of the manner in which major accidents at the establishment will be dealt with inside that establishment in the event of such an accident, ) the names (including the names of authorised deputies) of the persons who are authorised to take action in accordance with the emergency plan in the event of a major accident, ) the names of the persons who are responsible for safety at the establishment, and ) the names of those who are in a position to provide expert advice to the local competent authorities in the event of a major accident. (2) A manufacturer shall prepare the on-site emergency plan required by virtue of paragraph (1)— ) in the case of an existing industrial activity or a new industrial activity begun within the period of three months after the commencement of these Regulations, within that period, and ) in every other case, before the industrial activity is begun. (3) A manufacturer shall revise the on-site emergency plan prepared by him whenever any change is to be made at the establishment which affects that plan. 16 Off-site emergency plans. 16. (1) It shall be a function of every local competent authority, upon being notified by the Central Competent Authority that an industrial activity is being carried on or is proposed to be carried on in its functional area, to prepare in accordance with Regulation 17 an emergency plan (in these Regulations referred to as an "off-site emergency plan") for action outside the establishment in relation to possible major accidents at the establishment. (2) A local competent authority shall provide such information from the off-site emergency plan to the manufacturer concerned as will enable him to perform his duties under Regulations 15 and 18. 17 Supplementary provisions to Regulation 16. 17. (1) An off-site emergency plan prepared by a local competent authority in respect of an establishment shall include— ) details of the manner in which any major accident at the establishment will be dealt with by it outside that establishment, ) details of any co-ordination that is to take place with other local competent authorities in the event of a major accident at the establishment, and ) the names of the persons or the titles of the positions held by persons, together with the names or titles (as appropriate) of their deputies, who are authorised to implement the off-site emergency plan and to control the manner in which it is to be implemented. (2) A local competent authority shall, in preparing an off-site emergency plan, consult with— ) other local competent authorities in whose functional area the industrial activity 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, ) the Central Competent Authority, ) the manufacturer in respect of whose industrial activity the plan relates, and ) such other persons (if any) as appear to the local competent authority to be appropriate to consult with in the circumstances. (3) ( ) For the purpose of enabling any local competent authority to prepare or amend an off-site emergency plan in relation to an existing industrial activity or a new industrial activity, the manufacturer shall provide such local competent authority with such information as may reasonably be requested including the nature, extent and likely effects outside the relevant establishment of possible major accidents. ) Any information requested in accordance with sub-paragraph ( ) shall be supplied within one month of being so requested or within such longer period as the local competent authority may agree to allow. (4) Every off-site emergency plan shall be prepared by the relevant local competent authority using such information as is available to it— ) (i) in the case of an existing industrial activity or a new industrial activity begun within the period of nine months after the commencement of these Regulations, within that period, and (ii) in any other case before the industrial activity is begun, ) within the period of nine months after being notified by the Central Competent Authority of the industrial activity or the proposed industrial activity, whichever is the later. (5) Every off-site emergency plan prepared by a local competent authority shall be amended by it as and when the circumstances require and the authority shall, when necessary, consult with the persons and authorities referred to in paragraph (2) before so amending. (6) Whenever a local competent authority informs the Central Competent Authority that a manufacturer 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. (7) ( ) A local competent authority may authorise in writing, either generally or specifically, any of its officers 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 manufacturer concerned such information as the local competent authority may reasonably require for the purpose of preparing or amending the off-site emergency plan. ) Every officer authorised under this paragraph shall be furnished with his authorisation and, when visiting an establishment to which the authorisation relates, shall if so required produce the authorisation and suitable identification to the manufacturer or to any other person holding a responsible position of management at the establishment. 18 Information for the safety of the public, etc. 18. (1) The provisions of this Regulation shall apply for the purpose of informing persons, other than persons working at the establishment, who are likely to be in the specified area— ) that the industrial activity at the establishment is an activity which has been notified to the Central Competent Authority, ) of the nature of the major accident hazard, and ) of the safety measures and the correct behaviour which should be adopted in the event of a major accident. (2) The manufacturer shall prepare the information specified in paragraph (1) and, in particular, ensure that the information prepared for the purpose of paragraph (1) ( ) takes into consideration any relevant provisions in an off-site emergency plan of which he is aware. (3) Subject to compliance with the time limits provided for in paragraph (5), the manufacturer may, in respect of information to be provided outside the establishment, request any local competent authority in whose functional area the industrial activity is situated to enter into an agreement for such authority to take the measures necessary for the application of paragraph (1) and, where such authority has not indicated its intention to enter into such an agreement within one month of being so requested, the manufacturer shall take the measures necessary for the application of paragraph (1). (4) A local competent authority shall not enter into an agreement under paragraph (3) 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 shall take the measures necessary for the application of paragraph (1) in respect of that information. (5) The manufacturer or, where paragraph (4) applies, the local competent authority shall take the measures necessary for the application of paragraph (1)— ) in the case of an existing industrial activity or a new industrial activity begun within the period of 12 months after the commencement of these Regulations, within that period, and ) in any other case, before the relevant industrial activity is begun. (6) ( ) The specified area shall be determined— (i) by the manufacturer concerned with the agreement of the Central Competent Authority, or (ii) where the manufacturer concerned and the Central Competent Authority are not in agreement, by the Authority. ) 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 manufacturer concerned, to determine the specified area under subparagraph ( ) (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 manufacturer 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. 19 Notice for information. 19. (1) The Central Competent Authority may, for the purpose of obtaining information which the Authority requires for the discharge of its functions, by a notice in writing (in this Regulation referred to as "a notice for information") served on any person, require such person to furnish to the Authority such information about such matters as may be specified in the notice and in such form and manner and within such period of time as may be specified therein. (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 industrial activity. (3) A person shall provide the information requested in a notice for information— ) where no appeal is taken against the notice— (i) on the expiration of the period during which such an appeal may be taken, or (ii) within the period of time specified in the notice for the purpose of the furnishing of the information, or (iii) on such subsequent day as the Central Competent Authority may agree to in writing, whichever is the later; ) where an appeal is taken and the notice is confirmed on appeal or the appeal is withdrawn— (i) on the day following the day on which the notice is so confirmed or the appeal is withdrawn, or (ii) within the period of time specified in the notice for the purpose of the furnishing of the information, or (iii) in case the operation of the notice has been suspended in accordance with paragraph (4) ( ), on the expiration of the period that the Justice of the District Court considered appropriate for the purpose of that paragraph, whichever is the later. (4) ( ) Where a person is aggrieved by a notice for information served on him, he may, within the period of 21 days beginning on the day on which the notice is so served, appeal to a Justice of the District Court against the notice and in determining the appeal the Justice may— (i) if he 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. ) Where on the hearing of an appeal under this paragraph a notice for information is confirmed the Justice by whom the appeal is heard may, on the application of the appellant, suspend the operation of the notice for such period as in the circumstances of the case he considers appropriate. ) An appeal by a person under this paragraph shall be brought before and heard and determined by a Justice 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 ordinarily resides or carries on any profession, business or occupation. ) The Justice determining an appeal under this paragraph may make such order as to the payment of costs in respect of the appeal as he considers appropriate. (5) Where any opinion of the Central Competent Authority to paragraph (2) relates purports to be contained in any document which— ) purports to have been made by or at the direction of the Authority, and ) 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. Major Accidents, etc. 20 Scene of major accident. 20. (1) Subject to paragraph (2), where a major accident occurs in or about or in connection with an industrial activity, no person shall, except with the consent of an inspector of the Central Competent Authority, disturb the place where the accident occurred, or tamper with anything thereat. (2) Where the manufacturer concerned informs the Central Competent Authority of a major accident in accordance with Regulation 21 (1) ( ) and no action has been taken by the Central Competent Authority or an inspector thereof within the period of three clear working days of the receipt of such information, then paragraph (1) shall cease to have effect after 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 for securing the safety of any person or of the place where the accident occurred or was necessary to prevent damage to the environment. (4) In this Regulation "working days" means days other than public holidays within the meaning of the Holidays (Employees) Act, 1973 (No. 25 of 1973), Saturdays and Sundays. 21 Notification of major accidents. 21. (1) Where a major accident occurs, the manufacturer shall— ) immediately inform the Central Competent Authority of that occurrence, ) 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, ) 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. (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 off-site emergency plans which have been prepared under Regulations 16 and 17. (3) It shall be the duty of any person having any information relevant to the occurrence or analysis of a major accident to provide on request such information to the Central Competent Authority. 22 Examination and tests of plant, etc. 22. (1) Where a major accident occurs at an establishment and the Central Competent Authority is satisfied that the accident may have been caused (whether in whole or in part) by any plant then, if the Authority considers it necessary for the proper investigation of the accident, the Authority shall by a notice in writing require the manufacturer or the owner of the plant at his own expense— ) to have that plant, 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, and ) to have a report of the results of the examination and test prepared and submitted to the manufacturer or such owner, as may be appropriate, by the person by whom the examination and test was carried out as soon as may be and in any case not later than 28 days after the completion of the examination and test or such longer period as the Central Competent Authority may agree to in writing, and ) to give to the Authority a copy of the report within seven days of its being submitted in accordance with subparagraph ( ). (2) A report required by virtue of paragraph (1) shall include particulars of— ) the name and qualifications of the person conducting the relevant examination or any test, ) the manner in which the relevant examination was carried out, ) the method used when making any tests, ) 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 plant examined, and ) 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 for the purpose of the report, or the adequacy of the examination or of any test, the Authority may require the manufacturer or the owner of the plant to have it re-examined and tested at his own expense by a person nominated by the Authority and, where the Authority so requires, the manufacturer or the owner, as appropriate, shall provide the necessary facilities, for such re-examination and test: Provided that the Central Competent Authority shall consider any representations made by the manufacturer on 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 he used all due diligence to comply with the requirements of the relevant notice. 23 Special reports on major accidents by inspector. 23. (1) Whenever a major accident occurs, the Central Competent Authority may cause an inspector of the Authority to make a special report on that accident or on any aspect thereof to the Authority. (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 Minister may cause the whole or any part of a special report made by virtue of paragraph (1) to be made public at such time and in such manner as he considers appropriate. 24 Power to direct formal investigation. 24. (1) The Minister may, where he considers it appropriate so to do, direct a formal investigation to be held into— ) the causes and circumstances of any major accident or notifiable incident, or ) an alleged failure of a local competent authority to perform its functions under these Regulations, but the Minister shall not so direct until after he has obtained the consent to the holding of the investigation from 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 effectual 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 Justice of the District Court when hearing a prosecution for an offence under these Regulations and in addition, power— ) to enter and inspect any place or building the entry or inspection whereof appears to the tribunal requisite for the said purposes; ) by summons signed by the tribunal to require the attendance of all such persons as it thinks fit to call before it and examine for the said purposes, and to require answers or returns to such inquiries as it thinks fit to make; ) 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; ) to administer an oath and require any person examined to make and sign a declaration of the truth of the statements made by him in his 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 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 require the expenses incurred in and about an investigation under this Regulation (including the remuneration of any persons appointed to act as assessors) to 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 required to be so paid shall be deemed to be part of the expenses of the Minister in the administration of these Regulations. (9) A person shall not without reasonable excuse (proof whereof shall lie with him)— ) refuse, after having had the expenses (if any) to which he is entitled tendered to him, to comply with any summons or requisition of the tribunal, or ) prevent or impede the tribunal in the execution of its duty. (10) The Government may cause the whole or any part of the report of the tribunal made by virtue of paragraph (7) to be made public at such time and in such manner as it 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. 25 Inquest in case of death by major accident. 25. (1) Notwithstanding the provisions of the Coroners Act, 1962 (No. 9 of 1962), where a coroner holds an inquest on the body of any person whose death may have been caused by a major accident or other occurrence of which notice is required by these Regulations to be given to the Central Competent Authority, the provisions of this Regulation shall have effect. (2) The coroner shall adjourn the inquest unless— ) an inspector of the Central Competent Authority or some other person appearing on behalf of the Authority is present to watch the proceedings, or ) 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. (3) If the coroner adjourns the inquest— ) he may, before the adjournment, take evidence to identify the body and may order the interment of the body, ) he shall, at least four days before holding the adjourned inquest, send to the Central Competent Authority notice in writing of the time and place of holding the adjourned inquest. (4) No person having a personal interest in or employed in or about or in the management of the industrial activity concerned shall be qualified to serve on the jury. (5) It shall be the duty of the person summoning the jury not to summon any person disqualified under paragraph (4) and it shall be the duty of the coroner not to allow any such person to be sworn or to sit on the jury. (6) The following persons shall, subject to the power of the coroner to disallow any question which in his opinion is not relevant or is otherwise not a proper question, be entitled to examine any witness either in person or by counsel or solicitor or a visiting lawyer appearing pursuant to the European Communities (Freedom to Provide Services) (Lawyers) Regulations, 1979 to 1986:

) an inspector of the Central Competent Authority or any other person appearing on behalf of the Authority. ) any person appearing on behalf of a local competent authority, ) any relative or friend of the person in respect of whose death the inquest is being held, ) the manufacturer concerned, ) any person appointed in writing by the majority of the persons employed at the establishment concerned, ) any person appointed in writing by any trade union, friendly society or other association of persons to which the deceased at the time of his death belonged or to which any person employed at the establishment belongs, ) any person appointed in writing by any association of employers of which the manufacturer concerned is a member. (7) Where an inspector of the Central Competent Authority or any other person on behalf of the Authority is not present at the inquest and evidence is given of any neglect having caused or contributed to the accident, or of any defect in or about the establishment appearing to the coroner or jury to require a remedy, the coroner shall send to the Central Competent Authority notice in writing of the neglect or defect. (8) The Central Competent Authority shall, when notified of an inquest to which this Regulation applies, inform as soon as possible each relevant local competent authority of such notification. 26 Notifiable incidents and register. 26. (1) Whenever an incident (in these Regulations referred to as a "notifiable incident") of the type set out in the Eighth Schedule occurs at an establishment the manufacturer concerned shall immediately inform the Central Competent Authority of that incident. (2) There shall be kept by every manufacturer a register which shall contain the following information on every notifiable incident that occurs— ) in case the notifiable incident is a major accident, the information set out in Regulation 21 (1) ( ), and ) in any other case— (i) the circumstances of the incident; (ii) the dangerous substances involved (if any); (iii) the emergency measures taken. (3) Any information required to be kept under paragraph (2) shall be included in the register as soon as possible after the occurrence of the notifiable incident to which it relates and shall be kept on that register for at least ten years after that occurrence. Enforcement and Regulation 27 Inspectors. 27. (1) The Minister may appoint any of his officers to be inspectors of the Central Competent Authority for the purposes of these Regulations. (2) Notice of an appointment under this Regulation shall be published in the Iris Oifigiúil. 28 Certificate of appointment as inspector. 28. Every inspector of the Central Competent Authority shall be furnished with a certificate of his appointment and, when visiting an establishment or any other place to which any of the provisions of these Regulations apply, shall if so required produce the said certificate and suitable identification to the person responsible for, or to any other person holding a responsible position of management at, the establishment or other place. 29 General powers of inspectors. 29. (1) An inspector of the Central Competent Authority shall, for the purpose of the execution of these Regulations, have power to do all or any of the following things, that is to say— ) take with him a member of the Garda Síochána if he has reasonable cause to apprehend any serious obstruction in the execution of his duty; ) require the production in a legible form of, and inspect and copy, any information kept, or capable of being reproduced, in a legible form which is in the possession or under the control of a manufacturer and is required to be kept by virtue of the provisions of these Regulations or is required for the purpose of any examination or inquiry under these Regulations; ) make such examination and inquiry (including examination and inquiry in relation to off-site emergency plans) as may be necessary to ascertain whether the provisions of these Regulations are being complied with; ) require any person whom he finds at an establishment to give such information as it is in his power to give as to who is the person in control of any part of the industrial activity to which the establishment relates; ) examine, either alone or in the presence of any other person, as he thinks fit, with respect to matters under these Regulations, every person whom he finds at an establishment whom he has reasonable cause to believe to be or to have been within the preceding two months employed at the establishment and to require every such person to be so examined and to sign a declaration of the truth of the matters respecting which he is so examined; ) take a sample of the water, air or soil from any part of an establishment; ) as regards any article or substance he finds at an establishment, require the manufacturer or any person he finds on the establishment or a person appearing to him to be in possession of the article or substance, to supply without payment, for test, examination or analysis, a sample thereof; ) take any measurement or photograph or make any tape or other electrical recording which he considers necessary for the purpose of any examination or inquiry under these Regulations; ) collect the information necessary for the full analysis of any major accident; ) enter at all times and inspect any land or building (other than a dwelling-house occupied as a single dwelling) and to take a sample of the water, air or soil from any part of such land or building for the purpose of investigating any major accident; ) exercise such other powers as may be necessary for carrying these Regulations into effect. (2) No one shall be required by virtue of paragraph (1) ( ) to answer any question or to give evidence tending to incriminate himself. (3) Any person in control of an establishment or other place and his agents and servants shall furnish the means required by an inspector of the Central Competent Authority as necessary for any entry, inspection, examination, inquiry, taking of samples or for the exercise of any other power under these Regulations. 30 Powers of inspectors for purpose of safeguarding persons, etc. 30. (1) If an inspector of the Central Competent Authority is of the opinion that an establishment or any part thereof or any things or practices at the establishment or connected with the control or management thereof (including the existence or otherwise of an on-site emergency plan) involve or, as the case may be, are likely to involve a risk of serious danger to persons or the environment, he may serve on the manufacturer a notice in writing stating that he is of that opinion, and giving particulars of the reason why he is of that opinion, and imposing upon that manufacturer such prohibitions or restrictions or requirements as appear to the inspector to be necessary for the purpose of safeguarding persons or the environment from any major accident hazard and the manufacturer shall comply with such prohibition, restriction or requirement, as the case may be. (2) A manufacturer shall comply with the requirements of a notice made in accordance with paragraph (1)— ) where an inspector of the Central Competent Authority states in the notice that he is of the opinion that the risk of serious danger to persons or the environment is or, as the case may be, will be imminent, on receipt of the notice, ) where subparagraph ( ) does not apply and no appeal is taken against the notice— (i) on the expiration of the period during which such an appeal may be taken, or (ii) on the day specified in the notice as that on which it is to come into effect, whichever is the later, ) where subparagraph ( ) does not apply and an appeal is taken and the notice is confirmed on appeal or the appeal is withdrawn— (i) on the day next following the day on which the notice is so confirmed or the appeal is withdrawn, or (ii) on the day specified in the notice as that on which it is to come into effect, or (iii) in case the operation of the notice has been suspended in accordance with paragraph (3) ( ), on the expiration of the period that the Justice of the District Court considered appropriate for the purpose of that paragraph, whichever is the later. (3) ( ) Where a manufacturer is aggrieved by a notice served on him under this Regulation he may, within the period of seven days beginning on the day on which the notice is so served, appeal to a Justice of the District Court against the notice and in determining the appeal the Justice may— (i) if he 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. ) Where on the hearing of an appeal under this paragraph the notice is confirmed, the Justice by whom the appeal is heard may, notwithstanding paragraph (2), on the application of the appellant, suspend the operation of the notice for such period as in the circumstances of the case he considers appropriate. ) An appeal by a manufacturer under this paragraph shall be brought before and heard and determined by a Justice of the District Court for the time being assigned to the district where the establishment, or any part thereof, to which the notice served under this Regulation relates is situated. ) The Justice determining an appeal under this paragraph may make such order as to the payment of costs in respect of the appeal as he considers appropriate. (4) An inspector may at any time revoke a notice served on a manufacturer under this Regulation. (5) ( ) Where a notice has been served under this Regulation and activities are carried on in contravention of the notice, the High Court may on the application of the Central Competent Authority by order prohibit the continuance of the activities. ) An application to the High Court for an order under this paragraph shall be in a summary manner and the Court may, or the application of the Central Competent Authority, grant such interlocutory orders as it considers appropriate. 31 Application to High Court by Central Competent Authority relating to dangerous conditions and practices. 31. (1) If, on an application made in a summary manner by the Central Competent Authority, the High Court is satisfied either— ) that the whole or any part of the ways, works, machinery or plant used in an establishment, is in such condition or is so constructed or is so placed that it cannot be used without risk of a major accident, or ) that any process or work is carried on or anything is or has been done in an establishment in such a manner as to cause risk of a major accident, the Court shall, as the case may require, order— (i) the prohibition of the use by the manufacturer of the whole or such part, as may be appropriate, of the ways, works, machinery or plant or, if it is capable of repair or alteration, the prohibition of its use until it is duly repaired or altered, or (ii) the manufacturer to take such steps as may be specified in the order for remedying the risk of the major accident hazard complained of. (2) Where an application has been made under paragraph (1) in relation to the whole or any part of the ways, works, machinery or plant used in an establishment or any process or work which is carried on or anything which is or has been done in an establishment, the Court may, on the application of the Central Competent Authority and on receiving evidence that the use of such part or, as the case may be, the carrying on of such process or work or the doing of such thing involves imminent risk of a major accident, grant such interlocutory orders as it considers appropriate. (3) The provisions of this Regulation are without prejudice to the provisions of sections 50 51 of the Factories Act, 1955 (No. 10 of 1955), or to the application of those sections by section 46 (1) of the Dangerous Substances Act, 1972 (No. 10 of 1972). Disclosure of Information, Translations of Reports, etc. 32 Reetrictions on disclosure of information. 32. (1) Subject to paragraph (2) and to Regulations 23 (3) and 24 (10), no relevant information shall be disclosed without the consent of the person by or on behalf of whom it was originally furnished. (2) Paragraph (1) shall not apply to— ) the disclosure of information to a competent authority or a Department of State for the purposes of these Regulations, ) without prejudice to subparagraph ( ), the disclosure by the recipient of information to— (i) any person for the purposes of any function conferred on the recipient by virtue of these Regulations, (ii) an inspector of the Central Competent Authority, (iii) an officer of a local competent authority who is authorised under Regulation 17 (7) to receive it, ) the disclosure of information for the purpose of any investigation or inquiry held by virtue of the provisions of these Regulations or for the purpose of a report of any such investigation or inquiry made by virtue of the provisions of these Regulations, ) the disclosure of information for the purpose of the enforcement of the provision of these Regulations, ) the disclosure of information for the purpose of any legal proceedings, ) the disclosure of information by the Central Competent Authority or the Government in a form calculated to prevent it from being identified as relating to a particular person or case, ) the supplying to the Commission of the European Communities, pursuant to Article 11 of the Directive, of the information specified in Annex VI to the Directive (which is set out in the Sixth Schedule) relating to a major accident, ) the exchanging with the other Member States of the European Communities and with the Commission of the European Communities, pursuant to Article 18 of the Directive, of information on the experience acquired with regard to the prevention of major accidents and the limitation of their consequences. (3) A person to whom relevant information is disclosed pursuant to paragraph (2) shall not use or disclose that information otherwise than in accordance with these Regulations. (4) Where a person discloses relevant information to another person for the purposes of these Regulations, the person so disclosing shall ensure that the other person is aware of his obligations under this Regulation. (5) In this Regulation "relevant information" means information obtained by a person or furnished to any person in pursuance of any requirement imposed by these Regulations which, in the case of information furnished by a manufacturer in pursuance of such requirements, is clearly identified as being information so furnished. 33 Translations of reports, etc. 33. Offences and Penalties 34 Offences. 34. (1) A person who contravenes any of the preceding provisions of these Regulations shall be guilty of an offence. (2) ( ) Except in so far as it relates to the application of Regulation 24 (9), paragraph (1) shall not apply to competent authorities. ) Except in so far as it relates to Regulations 24 (9) and 32, paragraph (1) shall not apply to an inspector of the Central Competent Authority or to an officer of a local competent authority authorised under Regulation 17 (7). 35 Onus of proof. 35. Where, in any prosecution for an offence under these Regulations, it is alleged that there has been a failure to comply with a duty or requirement to do something so far as it reasonably practicable, or to use the best practicable means to do something, it shall be for the accused to prove that (as the case may be) it was not practicable or not reasonably practicable to do more than was in fact done to comply with the duty or requirement, or that there was no better practicable means than was in fact used to comply with the duty or requirement. 36 Liability of manufacturers, etc. 36. (1) In the event of a contravention in or in connection with or in relation to an establishment of any provision of these Regulations, the manufacturer shall, subject to paragraph (2) and without prejudice to the liability of any other person, be guilty of an offence. (2) In the event of a contravention by any person (other than a manufacturer) of any provision of these Regulations which expressly imposes any duty upon him, that person shall be guilty of an offence under this Regulation: Provided that— ) the manufacturer shall not be guilty of an offence by reason only of such contravention if he proves that he took all reasonable steps to prevent the contravention; ) this paragraph shall not be taken as affecting any liability of the manufacturer in respect of the same matters by vitue of any other enactment. 37 Liability of directors and officers of bodies corporate. 37. 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 a director, manager, secretary or other officer of the body corporate, the director, manager, secretary or other officer or any person purporting to act in such capacity shall, as well as the body corporate, be guilty of an offence and shall be liable to be proceeded against and punished accordingly. 38 Forgery, etc., of documents. 38. A person who, in relation to any document required for the purposes of these Regulations— ) forges or counterfeits any such document, ) gives or signs a document knowing it to be false in any material particular, ) knowingly utters or uses a document so forged or counterfeited, or which is false as aforesaid, ) knowingly utters or uses as applying to any person a document which does not so apply, ) wilfully connives at any such forging, counterfeiting, giving, signing, uttering or using, ) wilfully makes a false entry in any such document which is so required to be kept, served or sent, ) knowingly uses any such false entry, shall be guilty of an offence. 39 Personation, etc. 39. A person who— ) personates any person named in any document required for the purposes of these Regulations, ) falsely pretends to be an inspector of the Central Competent Authority or an officer of a local competent authority authorised under Regulation 17 (7), or ) wilfully connives at any such personating or pretending, shall be guilty of an offence. 40 Obstruction, etc., of inspector or authorised officer. 40. A person who fails or refuses to comply with a request of, or to answer a question asked by, or who obstructs or interferes with— ) an inspector of the Central Competent Authority, or ) an officer of a local competent authority authorised under Regulation 17 (7), in the course of exercising a power conferred by these Regulations shall be guilty of an offence. 41 Penalties. 41. A person guilty of an offence under these Regulations shall be liable an summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 12 months, or to both. 42 Prosecution of offences. 42. (1) A prosecution for an offence under these Regulations may be brought by the Minister. (2) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851, proceedings for an offence under these Regulations may be instituted— ) at any time within two years from the date on which the offence was committed, or ) where such proceedings relate to the subject matter of a report made to the Minister by a tribunal pursuant to Regulation 24 (7), at any time within 12 month from the date on which the report was so made, whichever is the later. FIRST SCHEDULE Regulations 3 (1) and 3 (2) Annex I to Council Directive 82/501/EEC INDUSTRIAL INSTALLATIONS WITHIN THE MEANING OF ARTICLE 1 1. — Installations for the production or processing of organic or inorganic chemicals using for this purpose, in particular: — alkylation — animation by ammonolysis — carbonylation — condensation — dehydrogenation — esterification — halogenation and manufacture of halogens — hydrogenation — hydrolysis — oxidation — polymerisation — sulphonation — desulphurization, manufacture and transformation of sulphur-containing compounds — nitration and manufacture of nitrogen-containing compounds — manufacture of phosphorus-containing compounds — formulation of pesticides and of pharmaceutical products. — Installations for the processing of organic and inorganic chemical substances, using for this purpose, in particular: — distillation — extraction — solvation — mixing. 2. Installations for distillation, refining or other processing of petroleum or petroleum products. 3. Installations for the total or partial disposal of solid or liquid substances by incineration or chemical decomposition. 4. Installations for the production or processing of energy gases, for example, LPG, LNG, SNG. 5. Installations for the dry distillation of coal or lignite. 6. Installations for the production of metals or non-metals by the wet process or by means of electrical energy. SECOND SCHEDULE Regulations 3 (1) and 3 (2). Annex II to Council Directive 82/501/EEC STORAGE AT INSTALLATIONS OTHER THAN THOSE COVERED BY ANNEX I ('ISOLATED STORAGE') The quantities set out below relate to each installation or group of installations belonging to the same manufacturer where the distance between the installations is not sufficient to avoid, in foreseeable circumstances, any aggravation of major-accident hazards. These quantities apply in any case to each group of installations belonging to the same manufacturer where the distance between the installations is less than approximately 500 m. Substances or groups of substances Quantities (tonnes) ≥ For application of Articles 3 and 4 For application of Article 5 1. Flammable gases as defined in Annex IV (c) (i) 50 300 (1) 2. Highly flammable liquids as defined in Annex IV (c) (ii) 3. Acrylonitrile 350 4. Ammonia 60 600 5. Chlorine 10 200 6. Sulphur dioxide 20 500 7. Ammonium nitrate 500 ( 8. Sodium chlorate 25 250( 9. Liquid oxygen 200 2,000 ( (1) Member States may provisionally apply Article 5 to quantities of at least 500 tonnes until the revision of Annex II mentioned in Article 19. (2) Where this substance is in a state which gives it properties capable of creating a major-accident hazard. THIRD SCHEDULE Regulations 3 (1) and 3 (2). Annex III to Council Directive 82/501/EEC LIST OF SUBSTANCES FOR THE APPLICATION OF ARTICLE5 The quantities set out below relate to each installation or group of installations belonging to the same manufacturer where the distance between the installations is not sufficient to avoid, in foreseeable circumstances, any aggravation of major-accident hazards. These quantities apply in any case to each group of installations belonging to the same manufacturer where the distance between the installations is less than approximately 500 m. Quantity (≥) CAS No. EEC No. 1. 4-Aminodiphenyl 1 kg 2. Benzidine 1 kg 3. Benzidine salts 1 kg 4. Dimethylnitrosamine 1 kg 5. 2-Naphthylamine 1 kg 6. Beryllium (powders, compounds) 10 kg 7. Bis (chloromethyl) ether 1 kg 8. 1, 3-Propanesultone 1 kg 9. 2,3,7,8- Tetrachlorodibenzo-p-dioxin (TCDD) 1 kg 10. Arsenic pentoxide, Arsenic (V) acid and salts 500 kg 11. Arsenic trioxide, Arsenious (III) acid and salts 100 kg 12. Arsenic hydride (Arsine) 10 kg 13. Dimethylcarbamoyl chloride 1 kg 14. 4-(Chloroformyl) morpholine 1 kg 15. Carbonyl chloride (Phosgene) 20 t 16. Chlorine 50 t 17. Hydrogen sulphide 50 t 18. Acrylonitrile 200 t 19. Hydrogen cyanide 20 t 20. Carbon disulphide 200 t 21. Bromine 500 t 22. Ammonia 500 t 23. Acetylene (Ethyne) 50 t 24. Hydrogen 50 t 25. Ethylene oxide 50 t 26. Propylene oxide 50 t 27. 2-Cyanopropan-2-ol (Acetone cyanohydrin) 200 t 28. 2-Propenal (Acrolein) 200 t 29. 2-Propen-1-ol (Allyl alcohol) 200 t 30. Allylamine 200 t 31. Antimony hydride (Stibine) 100 kg 32. Ethyleneimine 50 t 33. Formaldehyde (concentration ≥ 90%) 50 t 34. Hydrogen phosphide (Phosphine) 100 kg 35. Bromomethane (Methyl bromide) 36. Methyl isocyanate 1 t 37. Nitrogen oxides 50 t 38. Sodium selenite 100 kg 39. Bis(2-chloroethyl) sulphide 1 kg 40. Phosacetim 100 kg 41. Tetraethyl lead 50 t 42. Tetramethyl lead 50 t 43. Promurit (1-(3, 4-Dichlorophenyl) -3-triazenethio-carboxamide) 100 kg 44. Chlorfenvinphos 100 kg 45. Crimidine 100 kg 46. Chloromethyl methyl ether 1 kg 47. Dimethyl phosphoramidocyanidic acid 1 t 48. Carbophenothion 100 kg 49. Dialifos 100 kg 50. Cyanthoate 100 kg 51. Amiton 1 kg 52. Oxydisulfoton 100 kg 53. 00-Diethyl S- ethylsulphinylmethyl phosphorothioate 100 kg 54. 00-Diethyl S- ethylSulphonylmethyl phosphorothioate 100 kg 55. Disulfoton 100 kg 56. Demeton 100 kg 57. Phorate 100 kg 58. 00-Diethyl S- ethylthiomethyl phosphorothioate 100 kg 59. 00-Diethyl S- isopropylthiomethyl phosphorodithioate 100 kg 60. Pyrazoxon 100 kg 61. Pensulfothion 100 kg 62. Paraoxon (Diethyl 4-nitrophenyl phosphate) 100 kg 63. Parathion 100 kg 64. Azinphos-ethyl 100 kg 65. 00-Diethyl S- propylthiomethyl phosphorodithioate 100 kg 66. Thionazin 100 kg 67. Carbofuran 100 kg 68. Phosphamidon 100 kg 69. Tirpate (2, 4-Dimethyl-1,3-dithiolane -2-carboxaldehyde 0-methylcar- bamoyloxime) 100 kg 70. Mevinphos 100 kg 71. Parathion-methyl 100 kg 72. Azinphos-methyl 100 kg 73. Cyloheximide 100 kg 74. Diphacinone 100 kg 75. Tetramethylenedis- 1 kg 76. EPN 100 kg 77. 4-Fluorobutyric acid 1 kg 78. 4-Fluorobutyric acid, salts 1 kg 79. 4-Fluorobutyric acid, esters 1 kg 80. 4-Fluorobutyric acid, amides 1 kg 81. 4-Fluorocrotonic acid 1 kg 82. 4-Fluorocrotonic acid, salts 1 kg 83. 4-Fluorocrotonic acid, esters 1 kg 84. 4-Fluorocrotonic acid, amides 1 kg 85. Fluoroacetic acid 1 kg 86. Fluoroacetic acid, salts 1 kg 87. Fluoroacetic acid, esters 1 kg 88. Fluoroacetic acid, amides 1 kg 89. Fluenetil 100 kg 90. 4-Fluoro-2-hydroxybutyric acid 1 kg 91. 4-Fluoro-2-hydroxybutyric acid, salts 1 kg 92. 4-Fluoro-2-hydroxybutyric acid, esters 1 kg 93. 4-Fluoro-2-hydroxybutyric acid, amides 1 kg 94. Hydrogen fluoride 50 t 95. Hydroxyacetonitrile (Glycolonitrile) 100 kg 96. 1,2,3,7,8,9- Hexachlorodibenzo-p-dioxin 100 kg 97. Isodrin 100 kg 98. Hexamethylphosphoramide 1 kg 99. Juglone (5-Hydroxy-naphthalene-1,4-dione) 100 kg 100. Warfarin 100 kg 101. 4,4'-Methylenebis (2-chloroaniline) 10 kg 102. Ethion 100 kg 103. Aldicarb 100 kg 104. Nickel tetracarbonyl 10 kg 105. Isobenzan 100 kg 106. Pentaborane 100 kg 107. 1-Propen-2-chloro-1,3- diol-diacetate 10 kg 108. Propyleneimine 50 t 109. Oxygen difluoride 10 kg 110. Sulphur dichloride 1 t 111. Selenium hexafluoride 10 kg 112. Hydropen selenide 10 kg 113. TEPP 100 kg 114. Sulfotep 100 kg 115. Dimefox 100 kg 116. 1-Tri(cyclohexyl) stannyl- 1H-1,2,4-triazole 100 kg 117. Triethylenemelamine 10 kg 118. Cobalt (powders, compounds) 100 kg 119. Nickel (powders, compounds) 100 kg 120. Anabasine 100 kg 121. Tellurium hexafluoride 100 kg 122. Trichloromethane-sulphenyl chloride 100 kg 123. 1, 2-Dibromoethane (Ethylene dibromide) 50 t 124. Flammable substances as defined in Annex IV (c) (i) 200 t 125. Flammable substances as defined in Annex IV (c) (ii) 50 000 t 126. Diazodinitrophenol 10 t 127. Diethylene glycol dinitrate 10 t 128. Dinitrophenol, salts 50 t 129. 1-Guanyl-4- nitrosaminoguanyl-1- tetrazene 10 t 130. Bis (2,4,6-trinitrophenyl) amine 50 t 131. Hydrazine nitrate 50 t 132. Nitroglycerine 10 t 133. Pentaerythritol tetranitrate 50 t 134. Cyclotrimethylene trinitramine 50 t 135. Trinitroaniline 50 t 136. 2,4,6-Trinitroanisole 50 t 137. Trinitrobenzene 50 t 138. Trinitrobenzoic acid 50 t 139. Chlorotrinitrobenzene 50 t 140. N-Methyl-N,2,4,6-N-tetranitroaniline 50 t 141. 2,4,6-Trinitrophenol (Picric acid) 50 t 142. Trinitrocresol 50 t 143. 2,4,6-Trinitrophenetole 50 t 144. 2,4,6-Trinitroresorcinol (Styphnic acid) 50 t 145. 2,4,6-Trinitrotoluene 50 t 146. Ammonium nitrate ( 5 000 t 147. Cellulose nitrate (containing > 12.6% nitrogen) 100 t 148. Sulphur dioxide 1000 t 149. Hydrogen chloride (liquefied gas) 250 t 150. Flammable substances as defined in Annex IV (c) (iii) 200 t 151. Sodium chlorate (1) 250 t 152. tert-Butyl per-oxyacetate (concentration ≥ 70%) 50 t 153. tert-Butyl peroxyisobutyrate (concentration ≥ 80%) 50 t 154. tert-Butyl peroxymaleate (concentration ≥ 80%) 50 t 155. tert-Butyl peroxy isopropyl carbonate (concentration ≥ 80%) 50 t 156. Dibenzyl peroxydicarbonate (concentration ≥ 90%) 50 t 157. 2,2-Bis (tert-butyl-peroxy) butane (concentration ≥ 70%) 50 t 158. 1,1-Bis (tert-butyl-peroxy) cyclohexane (concentration ≥ 80%) 50 t 159. Di-sec-butyl peroxydicarbonate (concentration ≥ 80%) 50 t 160. 2,2-Dihydroperoxypropane (concentration ≥ 30%) 50 t 161. Di-n-propyl peroxydicarbonate (concentration ≥ 80%) 50 t 162. 3,3,6,6,9,9-Hexamethyl-1,2,4,5- tetroxacyclononane (concentration ≥ 75%) 50 t 163. Methyl ethyl ketone peroxide (concentration ≥ 60%) 50 t 164. Methyl isobutyl ketone peroxide (concentration ≥ 60%) 50 t 165. Peracetic acid (concentration ≥ 60%) 50 t 166. Lead azide 50 t 167. Lead 2,4,6-tri- nitroresorcinoxide (Lead styphnate) 50 t 168. Mercury fulminate 10 t 169. Cyclotetramethylene- tetranitramine 50 t 170. 2,2',4,4',6,6'-Hexanitrostilbene 50 t 171. 1,3,5-Triamino-2,4,6- trinitrobenzene 50 t 172. Ethylene glycol dinitrate 10 t 173. Ethyl nitrate 50 t 174. Sodium picramate 50 t 175. Barium azide 50 t 176. Di-isobutyryl peroxide (concentration ≥ 50%) 50 t 177. Diethyl peroxydicarbonate (concentration ≥ 30%) 50 t 178. tert-Butyl peroxypivalate (concentration ≥ 77%) 50 t Where this substance is in a state which gives it properties capable of creating a major-accident hazard. NB: The EEC numbers correspond to those in Directive 67/548/EEC and its amendments. FOURTH SCHEDULE Regulations 3 (1) and 3 (2). Annex IV to Council Directive 82/501/EEC INDICATIVE CRITERIA (a) Very toxic substances: — substances which correspond to the first line of the table below, — substances which correspond to the second line of the table below and which, owing to their physical and chemical properties, are capable of entailing major-accident hazards similar to those caused by the substance mentioned in the first line: LD 50 (oral) LD 50 (cutaneous) LC 50 mg/kg body of mg/kg body weight mg/l (inhalation) LD 50 ≤ 5 LD 50 ≤ 10 LC 50 ≤ 0.1 10 0.1 (1) LD 50 oral in rats. (2) LD 50 cutaneous in rats or rabbits. (3) LC 50 by inhalation (four hours) in rats. (b) Other toxic substances: The substances showing the following values of acute toxicity and having physical and chemical properties capable of entailing major-accident hazards: LD 50 (oral) LD 50 (cutaneous) LC 50 mg/kg body weight mg/kg body weight mg/l (inhalation) 25 50 0.5 (1) LD 50 oral in rats. (2) LD 50 cutaneous in rats or rabbits (3) LC 50 by inhalation (four hours) in rats. (c) Flammable substances: flammable gases: substances which in the gaseous state at normal pressure and mixed with air become flammable and the boiling point of which at normal pressure is 20 °C or below; highly flammable liquids: substances which have a flash point lower than 21 °C and the boiling point of which at normal pressure is above 20 °C; flammable liquids: substances which have a flash point lower than 55 °C and which remain liquid under pressure, where particular processing conditions, such as high pressure and high temperature, may create major-accident hazards. (d) Explosive substances: Substances which may explode under the effect of flame or which are more sensitive to shocks or friction than dinitrobenzene. FIFTH SCHEDULE Regulation 12 (1). Part I INFORMATION TO BE INCLUDED IN A NOTIFICATION UNDER REGULATION 12 (1) 1. The name (including any registered business name) of the manufacturer together with the address of the establishment and the address of the registered place of business. 2. The following information relating to substances specified in Annexes II and III to the Directive which are set out in the Second and Third Schedules, respectively: ) the data and information specified in Annex V to the Directive which is set out in Part II to this Schedule and relates to the supply of data and information in connection with a notification provided for in Article 5 of the Directive, ) a brief description of the hazards which may be created by the substances including immediate and delayed effects for man and for the environment, ) the stage of the activity in which the substances are or may be involved, ) the chemical and physical behaviour of the substances under normal conditions of use in the industrial activity, and ) any other substances whose presence could have an effect on the potential hazard presented by the industrial activity. 3. The following information relating to the establishment: ) a map of the establishment and its surrounding area to a scale large enough to show any features that may be significant in the assessment of the hazard or risk associated with the establishment, ) a scale plan of the establishment showing the locations and quantities of all significant inventories of the dangerous substance, ) a description of the processes or storage involving the dangerous substance and an indication of the conditions under which it is normally held, ) the maximum number of persons likely to be present at the establishment, ) information about the nature of the land use and the size and distribution of the population in the vicintity of the establishment, and ) a general description of the technological processes used at the establishment. 4. The following information relating to the management of the industrial activity: ) the staffing arrangements for controlling the industrial activity with the name of the person responsible for safety at the establishment and the names of those who are authorised to implement emergency procedures and to inform the relevant competent authorities of such implementation, ) the arrangements made to ensure that the means provided for the safe operation of the industrial activity are properly designed, constructed, tested, operated, inspected and maintained, and that the technical means necessary to deal with any malfunctions that arise are available at all times, and ) the arrangements for training of persons working at the establishment. 5. The following information relating to the possible major accidents: ) a description of the possible sources of a major accident and the conditions or events which could be significant in bringing one about, ) a diagram of any plant in which the industrial activity is carried on, sufficient to show the features which are significant as regards the potential for a major accident and its prevention or control, ) a description of the measures taken to prevent, control or minimise the consequences of any major accident including methods available for rendering dangerous substances harmless in the event of accidental dispersion, ) information about the emergency procedures laid down for dealing with a major accident occurring at the establishment including details of safety equipment, alarm systems and resources available, ) information about prevailing meteorological conditions in the vicinity of the establishment and sources of danger arising from the location of the site, ) an estimate of the number of people at the establishment who may be particularly exposed to the hazards considered in the report, ) information relating to the nature, extent, and likely effects outside the establishment of possible major accidents, and ) information relating to situations where substances may be transformed into dangerous substances in the case of abnormal conditions which can be foreseen. Regulations 3 (2). FIFTH SCHEDULE Part II Annex V to Council Directive 82/501/EEC DATA AND INFORMATION TO BE SUPPLIED IN CONNECTION WITH THE NOTIFICATION PROVIDED FOR IN ARTICLE 5 If it is not possible or if it seems unnecessary to provide the following information, reasons must be given. 1. IDENTITY OF THE SUBSTANCE Chemical name CAS number Name according to the IUFAC nomenclature Other names Empirical formula Composition of the substance Degree of purity Main impurities and relative percentages Detection and determination methods available to the installation Description of the methods used or references to scientific literature Methods and precautions laid down by the manufacturer in connection with handling, storage and fire Emergency measures laid down by the manufacturer in the event of accidental dispersion Methods available to the manufacturer for rendering the substance harmless. 2. BRIEF INDICATION OF HAZARDS — For man: — immediate................................ — delayed.................................... — For the environment: — immediate................................ — delayed.................................... Regulations 3 (2) and 32 (2). SIXTH SCHEDULE Annex VI to Council Directive 82/501/EEC INFORMATION TO BE SUPPLIED TO THE COMMISSION BY THE MEMBER STATES PURSUANT TO ARTICLE II REPORT OF MAJOR ACCIDENT Member State: Authority responsible for report: 1. General data Date and time of the major accident: Country, administrative region, etc.: Type of industrial activity: 2. Type of major accident Explosion □ Fire □ Emission of dangerous substances □ Substance(s) emitted: 3. Description of the circumstances of the major accident 4. Emergency measures taken 5. Cause(s) of major accident (to be specified) Not known: Information will be supplied as soon as possible 6. Nature and extent of damage Within the establishment — casualties .......................killed .......................injured .......................poisoned — persons exposed to the major accident ....................... — material damage — the danger is still present — the danger no longer exists Outside the establishment — casualties ..............killed ..............poisoned — persons exposed to the major accident .............. — material damage — damage to the environment — the danger is still present — the danger no longer exists 7. Medium and long-term measures, particularly those aimed at preventing the recurrence of similar major accidents (to be submitted as the information becomes available). Regulation 12 (3) SEVENTH SCHEDULE INFORMATION TO BE INCLUDED IN A DECLARATION UNDER REGULATION 12 (3) 1. The name (including any registered business name) of the manufacturer together with the address of the establishment and the address of the registered place of business. 2. The name of the director or other officer primarily responsible to the manufacturer for the operation of the industrial activity. 3. The area measurement of the establishment and of any adjacent establishment which is required to be taken into account by virtue of the Second or Third Schedule. 4. An ordinance survey grid reference for the establishment. 5. The date on which the activity commenced. 6. A general description of the activities carried on at the establishment involving, or liable to involve, dangerous substances. 7. The name and address of the local authority in whose area the activity is being carried on. 8. The name and maximum quantity of each dangerous substance liable to be at the establishment and in respect of which information is submitted under Regulation 12 (3). Regulation 26. EIGHT SCHEDULE NOTIFIABLE INCIDENTS 1. Death or major injury to any person resulting from uncontrolled events at an establishment and involving any dangerous substance. 2. Explosion, collapse or bursting of any closed vessel including a boiler or boiler tube in which there was any gas (including air) or vapour at a pressure greater than atmospheric which might have been liable to cause major injury to any person or which resulted in significant damage to the plant. 3. Electrical short circuit or overload attended by fire or explosion which resulted in the stoppage of the plant involved for more than 24 hours and which, taking into account the circumstances of the occurrence, might have been liable to cause major injury to any person. 4. An explosion or fire occurring in any part of the establishment which resulted in the stoppage or suspension of normal work in any part of that establishment for more than 24 hours, where such explosion or fire was due to the ignition of process material, their by-products (including waste) or finished products. 5. The sudden uncontrolled release of one tonne or more of highly fammable liquid, flammable gas, or flammable liquid above its boiling point, from any system or plant or pipe-line. 6. The uncontrolled release or escape of any dangerous substance in circumstances which, having regard to the extent and location of the release or escape, might be liable to cause any danger to occupational safety and health. 7. The bursting, explosion or collapse of a pipe-line or any part thereof at the establishment or the ignition of any thing in such a pipe-line or of any thing which immediately before it was ignited was in such a pipe-line. GIVEN under my Official Seal, this 22nd day of August, 1986. RUAIRÍ QUINN, Minister for Labour. EXPLANATORY NOTE. The purpose of these Regulations is to implement Council Directive 82/501/EEC on the major-accident hazards of certain industrial activities and to introduce requirements aimed at preventing and limiting the effects of accidents arising from industrial activities involving dangerous substances. The Regulations define both the dangerous substances and the categories of industrial activities, including certain types of storage, covered by their provisions. The Regulations require persons responsible for these activities to be in a position to prove at any time that they have taken all the necessary measures to identify major accidents hazards, prevent such accidents and limit their consequences for man and the environment. The Regulations define certain activities to be particularly dangerous where dangerous substances exceed certain quantities and a written submission is required in these instances indicating how the requirements of the Regulations are met together with details of on-site emergency plans. Off-site emergency plans are required to be prepared by designated public authorities (local competent authorities) in respect of these activities. In addition, the persons responsible for such activities must supply specified information to persons offsite who may be affected by a major-accident.