Dáil Éireann - Volume 490 - 07 May, 1998

Written Answers. - Dangerous Substances Regulations.

40. Mr. Gormley asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will supply a full list of equivalent standards and specifications to BS 2654 for vertical storage tanks at bulk oil stores which may be so approved. [10941/98]

Minister of State at the Department of Enterprise, Trade and Employment (Mr. T. Kitt): Regulation 23(2) of the Dangerous Substances (Petroleum Bulk Stores) Regulations 1979 requires that every vertical storage tank shall (a) be designed, constructed and tested in accordance with British Standard 2654; 1973 (Specification for Vertical Steel Welded Storage Tanks with Butt-welded Shell for the Petroleum Industry), or (b) be designed, constructed and tested in accordance with such equivalent standards or specifications approved by (i) the Minister, in the case of a tank in the ownership of a proper authority, or (ii) the proper authority, in any other case.

The proper authority being the appropriate local or harbour authority.

It should be noted that since 1 November, 1989, in accordance with section 29 of the Safety, Health and Welfare at Work Act, 1989, references to the Minister (other than in respect of making rules, regulations, by-laws, orders or exemptions) in a range of safety and health legislation, including the Dangerous Substances Act, 1972, and regulations made under it are to be construed as references to the Health and Safety Authority, in so far as they relate to functions exercisable by the Authority under the Safety, Health and Welfare at Work Act, 1989.

As I have no role in the enforcing of these regulations, I am unable to supply the Deputy with a list of equivalent standards and specifications as requested.

41. Mr. Gormley asked the Tánaiste and Minister for Enterprise, Trade and Employment if all necessary regulations as stated in the Dangerous Substances Act, 1972 have been put in place. [10942/98]

Minister of State at the Department of Enterprise, Trade and Employment (Mr. T. Kitt): The Dangerous Substances Act, 1972, other than the provisions of Part II of the Act and certain other provisions relating to explosives, was brought into operation on 28 September, 1979 under the Dangerous Substances Act, 1972 (Commencement), Order, 1979.

The Act contains various provisions relating to [1215] the making of regulations or orders, viz. sections 20, 21, 22, 23, 24, 26, 36, 37, 38, 62 and 66.

The following regulations or orders made variously under the provisions referred to are currently in force:—

—Dangerous Substances Act, 1972 (Commencement) Order, 1979 (SI No. 297 of 1979)

—Dangerous Substances (Licensing Fees) Regulations, 1979 (SI No. 301 of 1979).

—Dangerous Substances (Retail and Private petroleum Stores) Regulations, 1979 (SI No. 311 of 1979) as amended by Dangerous Substances (Retail and Private Petroleum Stores)(Amendment) Regulations, 1988 (SI No. 303 of 1988).

Dangerous Substances (Oil Jetties) Regulations, 1979 (SI No. 312 of 1979).

—Dangerous Substances (Petroleum Bulk Stores) Regulations, 1979 (SI No. 313 of 1979).

—Dangerous Substances (Conveyance of Petroleum by Road) Regulations, 1979 (SI No. 314 of 1979) as amended by Dangerous Substances (Conveyance of Petroleum by Road)(Amendment) Regulations, 1996 (SI No. 386 of 1996).

—Dangerous Substances (Conveyance of Scheduled Substances by Road) (Trade or Business) Regulations, 1986 (SI No. 235 of 1980) as amended by—

(i) Dangerous Substances (Conveyance of Scheduled Substances by Road) (Trade or Business) (Amendment) Regulations, 1986 (SI No. 268 of 1986).

and

(ii) Dangerous Substances (Conveyance of Scheduled Substances by Road)(Trade or Business) (Amendment) Regulations, 1996 (SI No. 389 of 1996).

and

(iii) Dangerous Substances (Conveyance of Scheduled Substances by Road) (Trade or Business) (Amendment) Regulations 1997 (SI No. 458 of 1997).

—Dangerous Substances (Method and Apparatus for Testing Petroleum) Regulations, 1988 (SI No. 128 of 1988).

—Dangerous Substances (Storage of Liquefied Petroleum Gas) Regulations, 1990 (SI No. 201 of 1990).

—Dangerous Substances Act, 1972 (Part IV Declaration) Order 1996 (SI No. 387 of 1996).

—Dangerous Substances (European Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR)) Regulations, 1996 (SI No. 388 of 1996).

[1216] A number of the above regulations have also been supplemented by approved codes of practice.