Environmental Legislation Database

S.I. No. 9/2010 — European Communities Environmental Objectives (Groundwater) Regulations 2010.
These Regulations establish a new strengthened regime for the protection of groundwater by giving effect to the measures needed to achieve the environmental objectives established for groundwater by Directive 2000/60/EC and by giving effect to the requirements of Directive 2006/118/EC. The Regulations establish clear environmental objectives to be achieved in groundwater bodies within specified timeframes and introduce the legal basis for a more flexible, proportionate and risk-based approach to implementing the legal obligation to prevent or limit inputs of pollutants into groundwater, which already exists under Directive 80/68/EEC. Measures for this purpose include the following: •measures to prevent or limit the input of pollutants into groundwater and to prevent the deterioration of the status of all bodies of groundwater •measures to protect, enhance and restore all bodies of groundwater and to ensure a balance between abstraction and recharge of groundwater, with the aim of achieving good groundwater within a particular timeframe •measures requiring the reversal of any significant and sustained upward trend in the concentration of any pollutant resulting from the impact of human activity in order to progressively reduce pollution of groundwater •measures for determining groundwater quantitative and chemical status •measures establishing procedures for the identification of significant and sustained upward trends and the definition of the starting point for trend reversal •the laying down of rules for the presentation and reporting of groundwater monitoring results, trend assessments and the classification of quantitative status and chemical status of groundwater bodies These Regulations revoke the Local Government (Water Pollution) (Amendment) Regulations 1999 ( S.I. No. 42 of 1999 ) from 2013.
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S.I. No. 13/2010 — Waste Management (Landfill Levy) Order 2010.
This Order amends section 73(3) of the Waste Management Act 1996 as inserted by section 11 of the Waste Management (Amendment) Act 2001 and provides that the amount of the landfill levy shall not exceed €30.
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S.I. No. 31/2010 — Waste Management (Landfill Levy) (Amendment) Regulations 2010.
These Regulations increase the landfill levy for waste disposed of at an authorised or unauthorised landfill facility from €25 per tonne to €30 per tonne with effect from 1 February 2010.
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S.I. No. 32/2010 — Waste Management (Registration of Sewage Sludge Facility) Regulations 2010.
These Regulations provide for the registration and regulation of sewage sludge facilities in order to meet the requirements of the Waste Framework Directive. Facilities already regulated under other environmental legislation-such as licenced facilities under the Waste Management Acts are excluded.
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S.I. No. 48 of 2010 URBAN WASTE WATER TREATMENT (AMENDMENT)
These Regulations amend the Urban Waste Water Treatment Regulations, 2001 by— (a) designating ten additional areas (in River Boyne, River Liffey, River Barrow, River Shannon, River Fergus, River Brosna, Tullamore River, Boyne Estuary, Clonakilty Harbour and Wexford Harbour) as sensitive areas, and (b) making some minor technical amendments. The Urban Waste Water Treatment Regulations, 2001 (as amended) impose requirements in relation to discharges from urban waste water treatment facilities and give effect to Directive No. 91/271/EEC (the Urban Waste Water Treatment Directive) and Directive No. 2000/60/EC (the Water Framework Directive).
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SEA-FISHERIES (CONTROL OF CATCHES) REGULATIONS 2009

These Regulations provide for the provisions of Council Regulation (EC) No.43/2009 of 16 January fixing for 2009 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in Communitywaters and, for Community vessels, in waters where catch limitations arerequired. These Regulations also provide for the provisions of Council Regulation(EC) No. 1342/2008 of 18 December 2008 which, together with Annex IIa of Council Regulation (EC) No. 43/2009, establishes, for fishing vessels greater than 10 metres in overall length and operating in certain waters, a fishing effort limitation scheme in the context of the recovery of certain fish stocks.

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EUROPEAN COMMUNITIES (QUALITY OF SHELLFISH WATERS) (AMENDMENT) REGULATIONS 2009

These Regulations amend Schedule 3 of S.I. No. 268 of 2006 and designate a further 49 Shellfish Water Sites. The purpose of these designations is to protect or improve the quality of the waters at the sites in question in order to support shellfish (bivalve and gasteropod molluscs) life and growth, thereby contributing to the high quality of shellfish products directly edible by man.

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ARSENIC, CADMIUM, MERCURY, NICKEL AND POLYCYCLIC AROMATIC HYDROCARBONS IN AMBIENT AIR REGULATIONS 2009

These Regulations transpose Directive 2004/107/EC relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air into Irish law.

The Regulations specify target values to be attained, from 31 December 2012, for concentrations of arsenic, cadmium, nickel and benzo(a)pyrene (a measurable indicator of the level of polycyclic aromatic hydrocarbons) and also specify monitoring requirements for mercury and other polycyclic aromatic hydrocarbons. There is a requirement on the Environmental Protection Agency to assess the concentrations in the ambient air and deposition rates of the pollutants concerned and to undertake the monitoring necessary for this purpose.

Provision is made for measures considered necessary by the Environmental Protection Agency in consultation with local authorities and other bodies concerned to address exceedances of the target values. However such measures should not involve disproportionate costs. There is also a requirement to ensure that other areas are maintained below the target values and to endeavour to preserve the best ambient air quality compatible with sustainable development.

The Agency is required to send an annual report to the Minister for the Environment,? Heritage and Local Government and to the European Commission.

The Regulations also provide for the dissemination of public information, including information on any exceedances of the target values, the reasons for the exceedances, the area(s) in which they occurred and appropriate information regarding effects on health and impact on the environment.

Offences and Penalties

Any person who contravenes a provision of these regulations is guilty of an offence (section 8 of the Environmental Protection Agency Act 1992 as amended and section 11 of the Air Pollution Act 1987). Penalties for such offences range up to \3,000 and 12 months on summary conviction and up to \15 million and 10 years imprisonment on conviction on indictment and are provided for at section 11 of the Air Pollution Act 1987 and section 9 of the EPA Act 1992. Daily fines are also provided for.

Offences and penalties will also arise in relation to contraventions by third parties of any measure identified as being necessary to avoid exceedances of target values and which are statutory requirements under other enactments, some of which are listed at article 16 of these regulations.

The Regulations also rationalise Zones C and D for the purposes of the Air Quality Standards Regulations, 2002 and the Ozone in Ambient Air Regulations,? 2004.

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EUROPEAN COMMUNITIES (AUTHORIZATION, PLACING ON THE MARKET, USE AND CONTROL OF BIOCIDAL PRODUCTS) (AMENDMENT) REGULATIONS 2009

These Regulations give effect to various EC Directives relating to carbon dioxide, thiamethoxam, propiconazole, IPBC, cyclohexylhydroxydiazene 1-oxide, potassium salt (K-HDO), difenacoum, thiabendazole and tebuconazole.

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EUROPEAN COMMUNITIES (SUPERVISION AND CONTROL OF CERTAIN SHIPMENTS OF RADIOACTIVE WASTE AND SPENT FUEL) ORDER, 2009

These Orders provide for the implementation of Council Directive 2006/17/Euratom of 20 November, 2006 laying down conditions for the supervision and control of shipments of radioactive waste and spent fuel between Members States and into and out of the Community, whenever quantities and concentrations of such waste exceed certain levels. These conditions supplement the existing Council Directives on basic safety standards for the health protection of workers and the general public against the dangers of ionising radiation.

The Radiological Protection Institute of Ireland has been deemed the Competent Authority for the purpose of implementation of these Orders in this country and application should be made to that body for all authorisations required under the Orders.

The Orders also revoke the European Communities (Supervision and Control of Certain Shipments of Radioactive Waste) Regulations 1994

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PLANNING AND DEVELOPMENT (REGIONAL PLANNING GUIDELINES) REGULATIONS 2009

These Regulations set out a number of procedural requirements in relation to the preparation of the review and update of the 2004 regional planning guidelines by regional authorities. These procedural requirements supplement those already set out in the Planning and Development Act 2000. The Regulations also specify the National Spatial Strategy as being of relevance to the determination of strategic planning policies. This means that regional authorities must take account of the National Spatial Strategy, including any updates, when preparing

and making regional planning guidelines.

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EUROPEAN COMMUNITIES (GOOD AGRICULTURAL PRACTICE FOR PROTECTION OF WATERS) REGULATIONS 2009

These Regulations revoke, and re-enact with amendments, the European Communities (Good Agricultural Practice for Protection of Waters) Regulations, 2006 and 2007. These Regulations come into effect on 31 March 2009.

These Regulations provide statutory support for good agricultural practice to protect waters against pollution from agricultural sources and include measures such as?

? periods when land application of fertilisers is prohibited

limits on the land application of fertilisers

storage requirements for livestock manure, and

? monitoring of the effectiveness of the measures in terms of agricultural practice and impact on water quality.

The Regulations give further effect to several EU Directives including Directives in relation to protection of waters against pollution from agricultural sources (?the Nitrates Directive?), dangerous substances in water, waste management, protection of groundwater, public participation in policy development and water policy (the Water Framework Directive).

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WATER SERVICES ACT 2007 (COMMENCEMENT) ORDER 2009

This Order brings subsections (6) and (7) of section 70 of the Water Services Act 2007 into operation.

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WATER SERVICES ACT 2007 (WASTE WATER COMPLAINT NOTICE FORM) REGULATIONS 2009

These Regulations prescribe the form of notice to be served by a water services authority or any person intending to complain to the District Court concerning an alleged failure by a third party to comply with a duty of care under section 70 of the Water Services Act 2007.

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S.I No. 272-2009 — EUROPEAN COMMUNITIES ENVIRONMENTAL OBJECTIVES (SURFACE WATERS) REGULATIONS 2009

These Regulations give statutory effect to Directive 2008/105/EC on environmental quality standards in the field of water policy. The Regulations also givefurther effect to Directive 2000/60/EC establishing a framework for Community action in the field of water policy and Directive 2006/11/EC on pollution causedby certain dangerous substances discharged into the aquatic environment of the Community.

The Regulations apply to all surface waters and provide, inter alia, for—

• The establishment of legally binding quality objectives for all surface waters and environmental quality standards for pollutants.
• The examination and where appropriate, review of existing discharge authorisations by Public Authorities to ensure that the emission limits laid down in authorisations support compliance with the new water quality objectives/standards.
• The classification of surface water bodies by the EPA for the purposes of the Water Framework Directive.
• The establishment of inventories of priority substances by the EPA.
• The drawing up of pollution reduction plans by coordinating local authorities (in consultation with the EPA) to reduce pollution by priority substances and to cease and/or phase out discharges, emissions or losses of priority hazardous substances.

These Regulations revoke the Local Government (Water Pollution) Act 1977 (Water Quality Standards for Phosphorus) Regulations 1998 (S.I. No. 258 of 1998) and the Water Quality (Dangerous Substances) Regulations 2001 (S.I. No. 12 of 2001).

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S.I No. 274-2009 — EUROPEAN COMMUNITIES (GREENHOUSE GAS EMISSIONS TRADING) (AVIATION) REGULATIONS 2009

These Regulations provide for the partial transposition of EU Directive 2008/101/EC which extends the EU Emissions Trading Scheme to aviation activities. The Aviation Directive (2008/101/EC) amends the EU Emissions Trading Scheme (ETS) Directive 2003/87/EC. All flights arriving at and departing from EU airports will be included in the ETS from 2012 onwards; there are some exemptions and these are identified in Schedule 1 to these Regulations.

The purpose of these Regulations is to provide for the submission of monitoring plans to the Environmental Protection Agency, which has been designated as the competent authority for the purposes of the Aviation Directive. The European Commission's Monitoring and Reporting Guidelines for emissions and tonne-kilometre data from aviation activities, adopted pursuant to Article 14(1) of the EU ETS Directive, requires aircraft operators to submit their monitoring plans to the competent authority for approval at least four months prior to the start of the first reporting period. The first reporting year is 2010 in accordance with Article 1(12)(b) of the Aviation Directive. As such aircraft operators are required to submit their monitoring plans to the Environmental Protection Agency before the end of August 2009

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S.I No. 286-2009 — WASTE MANAGEMENT (PROHIBITION OF WASTE DISPOSAL BY BURNING) REGULATIONS 2009
S.I No. 286-2009 — WASTE MANAGEMENT (PROHIBITION OF WASTE DISPOSAL BY BURNING) REGULATIONS 2009

The purpose of these regulations is to abolish the practice of burning of waste, by making it an offence to do so under waste legislation. An exemption under these regulations exists to allow farmers, as a last resort, to dispose of wastes generated by agricultural practices.

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The European Communities Environmental Objectives (Freshwater Pearl Mussel) Regulations 2009

These Regulations have been developed for the purposes of responding to the requirements of the EU Commission that Ireland, as part of its response to a ruling by the European Court of Justice (Case C-282/02, Judgement of the Court of 2 June 2005), enact Regulations to set legally binding objectives for water quality in rivers, or parts of rivers, inhabited by freshwater pearl mussels Margaritifera and designated as Special Area of Conservation (SAC) to protect those species; and to take steps necessary to attain those objectives.

The Regulations require the Minister to carry out a programme of investigation and monitoring within each relevant river sub-basin to establish baseline conditions and threats and pressures to Margaritifera; to prepare a programme of measures for the attainment of the ecological objectives in the appropriate rivers, or stretches therein; and to publish a sub-basin management plan for each relevant river.

The Regulations require the EPA, when classifying surface waters in accordance with the ecological objectives approach of the Water Framework Directive, to assign a status of “less than good ecological status” where Margaritifera is found to be in unfavourable conservation status. This will trigger further actions as waters classified as less than good must be restored to at least good status within a prescribed timeframe.

The Regulations require a public authority that authorises discharge to any of the listed rivers to set down emission limit values that aim to achieve the prescribed ecological quality targets; and to examine existing authorisations within a set time and review them as appropriate.

The Regulations enable the Minister, local authorities or the EPA to advise or, if necessary, direct a person or body to carry out necessary actions.

The Regulations also set out offences and penalties.

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European Communities (Habitats And Birds) (Seafisheries) Regulations 2009
These Regulations provide for a Fisheries Natura Plan for wild fisheries that may impact on Natura 2000 sites, the Appropriate Assessment of those Plans, a process of public and statutory consultation and for the Minister to accept, reject or amend such plans. It provides powers for the Minister to control fishing via a Permit system and further provides for offences and penalties.
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European Communities (Control Of Dangerous Substances From Offshore Installations) Regulations 2009
These Regulations give statutory effect to Directive 2006/11/EC insofar as it relates to the discharge of certain dangerous substances from offshore installations into the Irish territorial sea.
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