The following Regulations have been signed into law in December 2019 and are in force from the 1st April 2020:
- Dangerous Substances (Flammable Liquids and Fuels Retail Stores) Regulations, 2019 (S.I. No. 630 of 2019) and
- Dangerous Substance (flammable Liquids and Fuels Distribution and Commercial Supply Stores) Regulations, 2019 (S.I. No. 631 of 2019)
They repeal and replace the Dangerous Substances (Retail and Private Petroleum Stores) Regulations, 1979 (S.I. No. 311 of 1979) and the Dangerous Substances (Petroleum Bulk Stores) Regulations, 1979 (S.I. No. 313 of 1979).
These Regulations make a number of changes to the petroleum sector, to increase safety standards for employees, the public and the environment.
The following premises must have a licence granted by the licencing authority:
• All retail and kerbside stores which store flammable liquids and fuels for the purpose of sale or supply to the public and
• All distribution and commercial supply stores which hold flammable liquids and fuels for supply or sale to commercial enterprises, for supply to the licensee’s own vehicle or for use in any engine under the licensee’s control.
The Regulations are broader in scope than the 1979 Regulations and include diesel, as well as several ‘alternative fuels’ such as electricity, hydrogen, biofuels, synthetic and paraffinic fuels, compressed natural gas (CNG), liquefied petroleum gas (LPG) and liquefied natural gas (LNG).
A PDF version of the new Regulations and a guidance document on frequently asked questions is available on the website of the Department of Business, Enterprise and Innovation at this link:
Dangerous Substances Regulations 2019 - DETE (enterprise.gov.ie)
Carlow County Council as a licencing authority has a role in licensing, inspection and prosecuting breaches of licences under the Dangerous Substance Act, 1972 and Dangerous Substances Regulations, 2019.
Licence Fees
Carlow County Council, as the licencing authority, charge a licence fee for licences under both Regulations which are set out in the Dangerous Substances (Licensing Fees) Regulations, 1979 (S.I. No. 301 of 1979). In addition to the licence fee, Carlow County Council as the licensing authority also apply a charge fee of €250 in respect of site inspection associated with the processing of licence applications.
The fees for the grant or renewal of a licence per year (or part of year) are as follows, depending on the viable storage capacity of the particular store plus a non-refundable administration charge of €250.00 in respect of a licence.:
| Less than 500 Litres Capacity | €3.81 |
| Between 501 – 2500 Litres Capacity | €7.62 |
| Between 2501 - 5000 Litres Capacity | €11.43 |
| Between 5001 - 25000 Litres Capacity | €15.24 |
| Between 25001 - 50000 Litres Capacity | €30.47 |
| Between 50001 - 10000 Litres Capacity | €45.71 |
| Between 100001 - 100000 Litres Capacity | €63.49 |
| Above 250000 Litres Capacity | €126.97 |
Transfer or replacement of existing licence: €3.81 per year (or part of year) for the balance of the existing validity period
Fee for obtaining a certificate of testing as per regulations 14 & 15 of Air Pollution Act 1987 (petroleum vapour emissions) Regulations 1997: €63.49
Thus a facility which stores 80,000 would have the following charge for a 3 year licence:
| Licence Fee | 3 years x €45.71 |
| Administrative Charge | €250 |
| Total | €387.13 |