Vol. 492 No. 4
85 Mr. Gormley asked the Tánaiste and Minister for Enterprise, Trade and Employment the specific powers and responsibilities, if any, available to local authorities in relation to the issuing of licences for installations including bulk oil stores and petroleum depots. [14271/98]
Under the Dangerous Substances Act, 1972, as amended by the Safety, Health and Welfare at Work Act, 1989, no person may have petroleum in their possession or under their control except in a store licensed by the proper local authority or harbour authority, or in the case of such stores owned by a local authority or a harbour authority, in a store licensed by the Health and Safety Authority.
The local and other relevant authorities may, at their discretion, grant or refuse an application for a licence and may attach conditions to a licence, including conditions as to its expiry or revocation. They may also, if they think it proper, publish particulars of an application for a licence and invite representations concerning it from interested persons.
Where a local authority or harbour authority refuses to grant a licence, or grants a licence on conditions with which the applicant is dissatisfied, the applicant may appeal to the Health and Safety Authority which may, at its discretion, direct the local authority or harbour authority to grant or cancel the licence, to attach specified conditions to the licence, or to amend or delete a condition attached to the licence.
Where the Health and Safety Authority refuses to grant a licence, or give directions, or grants a licence on conditions with which the local authority or harbour authority is dissatisfied, the local authority or harbour authority may appeal to the High Court. The High Court may direct the Health and Safety Authority to grant the licence, to attach specified conditions to the licence, or to amend or delete a condition attached to the licence, or in the case of an appeal from a direction, the court may confirm the direction or direct the Authority to vary it in accordance with the order of the court.
The following regulations made under the Dangerous Substances Act, 1972, set out detailed requirements for the prevention of risk of injury to persons or property from the storage, conveying, loading, unloading and dispensing of petroleum, including the requirements to be met by applicants for licences to store petroleum; Dangerous Substances (Retail and Private Petroleum Stores) Regulations, 1979 (S. I. No. 311 of 1979) as amended by the Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations, 1998 (S. I. No. 303 of 1988), Dangerous Substances (Petroleum Bulk Stores) Regulations, 1979 (S. I. No. 313 of 1979). Detailed requirements relating to oil jetties are set out in the Dangerous Substances (Oil Jetties) Regulations, 1979 (S. I. No. 312 orf 1979).
The Health and Safety Authority is developing proposals for submission to me on a range of related matters, including draft guidelines on the storage, dispensing etc. of petroleum at retail petroleum Stores.
