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GAZETTE
AUGUST/SEPTEMBER 1995
ENERGY
European Communities (Minimum
Stocks of Petroleum Oils) Regulations
1995 (SI No. 96 of 1995)
These Regulations give effect to
Council Directives 68/414/EEC and
72/425/EEC and revoke the European
Communities (Minimum Stocks of
Petroleum Oils) Regulations 1974 -
1977. Under the Council Directives,
Member States are required to
maintain
minimum
stocks
of
petroleum oil products. Up to now,
responsibility had been placed on oil
importers and oil consumers to
maintain minimum oil reserves.
These Regulations provide for the
establishment of a national stock
holding agency to whom that
responsibility will now be devolved.
The Regulations provide that the costs
incurred by the agency will be funded
by a levy on oil sales and collected by
the agency from oil companies based
on market share (as calculated by the
Minister in accordance with the
Regulations). The Regulations came
into effect on 1 June 1995.
ENVIRONMENT
Arterial Drainage (Amendment) (No.
2) Bill 1995
This Bill, presented by Senator
Maurice Manning and passed by
Seanad Eireann on 17 May 1995, aims
to amend and extend the Arterial
Drainage Act 1945 and to provide for
related
matters,
including
the
prevention or relief of localised
flooding including flooding in urban
and residential areas. (The Arterial
Drainage (Amendment) Bill 1995 (cf.
(1995) 13 ILT 91) was defeated at its
second stage.)
Waste Bill 1995
This Bill, as presented by the Minister
for the Environment, aims to establish
a
modern
and
comprehensive
legislative
frame-work
for
the
prevention, manage-ment and control
of waste. The Bill would provide for
improved public sector organisational
arrangements for waste planning,
management and control, involving
new or redefined roles for the Minister
for the Environment, the Environ-
mental Protection Agency and local
authorities. Provision would also be
made for measures designed to
require or promote prevention,
minimisation and recovery of waste as
well as a flexible statutory framework
for implementing
national
and
international
(including
EU)
requirements on waste management.
EUROPEAN COMMUNITIES
European Communities (Amend-
ment) Act 1995 (No. 6 of 1995)
This Act was signed by the President
on 23 May 1995. (Cf (1995) 13 ILT
146.)
HEALTH AND SAFETY
Dangerous Substances (Amendment)
Regulations 1995 (SI No. 103 of 1995)
These
Regulations
extend
the
definition of container used in the
Dangerous Substances (Retail and
Private Petroleum Stores) Regulations
1979, the Dangerous Substances (Oil
Jetties)
Regulations
1979,
the
Dangerous Substances (Petroleum
Bulk Stores) Regulations 1979 and the
Dangerous Substances (Conveyance
of Petroleum by Road) Regulations
1979. The present regulations provide
for the use of any packaging that is
referrred to in Marginals 2305, 2306
and 2307 of the ADR Agreement and
meets the relevant requirements of
Appendix A.5 or Appendix A.6 of that
agreement, as published by the UN in
1995 (ECE Trans/110 Vols I & II). The
Regulations came into operation on 2
May 1995.
LEGAL EDUCATION
Solicitors
Acts
1954
1994
(Apprenticeship
and
Education)
(Amendment) Regulations 1995 (SI
No. 102 of 1995)
These Regulations provide,
inter alia,
for a change in the term of service
under indentures of apprenticeship of
persons or specified categories of
persons seeking to be admitted as
solicitors. The most significant feature
of this change is that the new two year
period of apprenticeship as required
by the Solicitors (Amendment) Act
1994 will not now commence until
the person seeking admission as a
solicitor
is
deemed
to
have
successfully completed the Law
Society's Professional Course. To this
end, the Regulations amend the
Solicitors Acts 1954 and 1960
(Apprenticeship
and
Education)
Regulations 1991 in relation to the
requirements for becoming bound by
indentures of apprenticeship and in
relation to the required courses of
education or training (or both) and the
required examinations for persons
seeking to be admitted as solicitors.
The Regulations came into operation
on 1 May 1995.
LOCAL GOVERNMENT
Garden Village Construction Co. Ltd
v. Wicklow County Council
Supreme
Court (Egan, Blayney and Denham JJ)
[1994] 2 ILRM 527
Planning and Development - Refusal
of extension to period of planning
permission -
Requirement that
substantial works should have been
carried out pursuant to planning
permission - No works carried out on
land subject to the
planning
permission - Whether works carried
out on adjoining land which would
benefit the land subject to planning
permission could be regarded as
having been carried out pursuant to
the planning permission - Local
Government
(Planning
and
Development) Act 1963, s. 24 - Local
Government
(Planning
and
Development) Act 1982, s. 4
ROAD TRAFFIC
Road Traffic Act 1995 (No.
7
of 1995)
This Act was signed by the President
on 25 May 1995. (Cf (1995) 13 ILT
147.)
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IRISH LAW TIMES. IULY 199S