Chemicals Act 2008


Number 13 of 2008


CHEMICALS ACT 2008

REVISED

Updated to 25 May 2018


This Revised Act is an administrative consolidation of the Chemicals Act 2008. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Data Protection Act 2018 (7/2018), enacted 24 May 2018, and all statutory instruments up to and including Data Protection Act 2018 (Establishment Day) Order 2018 (S.I. No. 175 of 2018), made 24 May 2018, were considered in the preparation of this revision.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 13 of 2008


CHEMICALS ACT 2008

REVISED

Updated to 25 May 2018


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was first passed.

Related legislation

Chemicals Acts 2008 and 2010 : this Act is one of a group of Acts included in this collective citation, to be cited together as one ( Chemicals (Amendment) Act 2010 (32/2010), s. 13(2)). The Acts in the group are:

Chemicals Act 2008 (13/2008)

Chemicals (Amendment) Act 2010 (32/2010), other than s. 12

Safety, Health and Welfare at Work Acts 2005 to 2014 : this Act, s. 37 is one of a group of Acts included in this collective citation, to be cited together as one ( Industrial Development (Forfás Dissolution) Act 2014 (13/2014), s. 1(3)). The Acts in the group are:

Safety, Health and Welfare at Work Act 2005 (10/2005)

Chemicals Act 2008 (13/2008), s. 37

Chemicals (Amendment) Act 2010 (32/2010), s. 12

Industrial Development (Forfás Dissolution) Act 2014 (13/2014), Part 7

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions. A version without annotations, showing only textual amendments, is also available.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1985, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Data Protection Act 2018 (7/2018)

Workplace Relations Act 2015 (16/2015)

Protected Disclosures Act 2014 (14/2014)

Chemicals (Amendment) Act 2010 (32/2010)

All Acts up to and including Data Protection Act 2018 (7/2018), enacted 24 May 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Climate Action and Environment (Transfer of Departmental Administration and Ministerial Functions) Order 2016 (S.I. No. 393 of 2016)

Chemicals Act (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2015 (S.I. No. 209 of 2015)

Protected Disclosures Act 2014 (Commencement) Order 2014 (S.I. No. 327 of 2014)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

Chemicals (Asbestos Articles) Regulations 2011 (S.I. No. 248 of 2011)

Chemicals Act (CLP Regulation) Regulations 2011 (S.I. No. 102 of 2011)

Chemicals Act 2008 (Commencement) Order 2008 (S.I. No. 273 of 2008)

All statutory instruments up to and including Data Protection Act 2018 (Establishment Day) Order 2018 (S.I. No. 175 of 2018), made 24 May 2018, were considered in the preparation of this revision.


Number 13 of 2008


CHEMICALS ACT 2008

REVISED

Updated to 25 May 2018


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title and commencement.

2. Interpretation.

3. Service of notices.

4. Expenses.

PART 2

Regulations and Codes of Practice

5. Regulations.

6. Reviews of, and proposals regarding, relevant chemicals statutory provisions.

7. Codes of practice.

PART 3

National Authorities

8. National authorities.

9. Cooperation arrangements.

10. Fees for services.

PART 4

Enforcement

11. Appointment of inspectors.

12. Powers of inspectors.

13. Immunity and indemnification.

14. Directions for improvement plan.

15. Contravention notice.

16. Prohibition notice.

17. Contravention of prohibition notice — application to High Court.

18. Investigations and special reports.

19. Application to High Court regarding activity involving serious risk.

20. Prohibition and restriction on the movement of chemicals.

21. Evidence in proceedings.

22. Powers of officer of customs and excise to detain chemicals.

PART 5

Information

23. Dissemination of information in the public interest.

24. Publication of names of certain persons.

25. Protection for persons reporting breaches of Act.

26. Protection of employees from penalisation for reporting breaches of Act.

27. Power to require information.

28. Prohibition on unauthorised disclosure of information.

PART 6

Offences and Penalties

29. Offences.

30. Penalties.

31. Fixed payment notice.

32. Offences by bodies corporate.

33. Prosecution of offences.

PART 7

Miscellaneous

34. Appeal to Circuit Court from certain orders of District Court.

35. Notice or direction to be in writing.

36. Laying of regulations and orders before Houses of Oireachtas.

37. Amendment of Safety, Health and Welfare at Work Act 2005.


Acts Referred to

Companies Acts

Coroners Acts 1962 and 2005

Courts of Justice Act 1924

1924, No. 10

Customs Act 1956

1956, No. 7

Customs and Excise (Miscellaneous Provisions) Act 1988

1988, No. 10

Customs Consolidation Act 1876

39 & 40 Vict., c. 36

Data Protection Acts 1988 and 2003

Electronic Commerce Act 2000

2000, No. 27

Environmental Protection Agency Act 1992

1992, No. 7

European Communities Act 1972

1972, No. 27

European Communities Act 2007

2007, No. 18

Industrial Development Act 1993

1993, No. 19

Industrial Development (Enterprise Ireland) Act 1998

1998, No. 34

Petty Sessions (Ireland) Act 1851

14 & 15 Vict., c.93

Protection of the Environment Act 2003

2003, No. 27

Safety, Health and Welfare at Work Act 2005

2005, No. 10

Terms of Employment (Information) Act 1994

1994, No. 5

Unfair Dismissals Act 1977

1977, No. 10

Unfair Dismissals Acts 1977 to 2007

Waste Management Acts 1996 to 2003


Number 13 of 2008


CHEMICALS ACT 2008

REVISED

Updated to 25 May 2018


AN ACT TO REGULATE AND CONTROL THE MANUFACTURE, USE, PLACING ON THE MARKET, EXPORT, IMPORT, TRANSPORT, TESTING, STORAGE, CLASSIFICATION, LABELLING AND PACKAGING OF CHEMICALS; TO MAKE PROVISION IN RELATION TO MAJOR ACCIDENT HAZARDS, AND THE PREVENTION OF ACCIDENTS, INVOLVING CHEMICALS; FOR THOSE PURPOSES TO GIVE FURTHER EFFECT TO REGULATION (EC) NO. 304/2003 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 28 JANUARY 2003 CONCERNING THE EXPORT AND IMPORT OF DANGEROUS CHEMICALS 1, REGULATION (EC) NO. 648/2004 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 31 MARCH 2004 ON DETERGENTS 2 AND REGULATION (EC) NO. 1907/2006 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 18 DECEMBER 2006 CONCERNING THE REGISTRATION, EVALUATION, AUTHORISATION AND RESTRICTION OF CHEMICALS (REACH) AND ESTABLISHING A EUROPEAN CHEMICALS AGENCY 3; TO CONFER POWER ON THE MINISTER FOR ENTERPRISE, TRADE AND EMPLOYMENT TO MAKE REGULATIONS FOR THE PURPOSE OF GIVING EFFECT TO CERTAIN PROVISIONS OF THE TREATIES GOVERNING THE EUROPEAN COMMUNITIES AND CERTAIN ACTS OF THE INSTITUTIONS OF THOSE COMMUNITIES; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH.

[9 th July, 2008]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Terms "the Rotterdam Regulation," "the Detergents Regulation," "the REACH Regulation" and "the CLP Regulation" construed (10.12.2010) by Chemicals (Amendment) Act 2010 (32/2010), s. 11, S.I. No. 591 of 2010.

Construction of references in Principal Act.

11.—(1) A reference in the Principal Act to—

(a) the Rotterdam Regulation,

(b) the Detergents Regulation,

(c) the REACH Regulation, or

(d) the CLP Regulation,

shall be construed as a reference to that Regulation as amended by a European act (other than a directive adopted by an institution of the European Union), whether the amendment is made before, on or after the passing of this Act.

(2) In this section—

“Act of 1972” means the European Communities Act 1972;

“European act” means—

(a) a provision of the treaties governing the European Union, or

(b) an act adopted by an institution of the European Union, an institution of the European Communities or any other body competent under those treaties;

“European Communities” has the same meaning as it has in the Act of 1972;

“European Union” has the same meaning as it has in the Act of 1972;

“treaties governing the European Union” has the same meaning as it has in the Act of 1972.