Chemicals Act 2008
16.—F25[(1) Where an inspector is of the opinion that at any place—
(a) a person is or is likely to be in control of any activity relating to a chemical that involves or is likely to involve a serious risk to health or the environment, or
(b) the measures taken by a person for the prevention and mitigation of major accidents are or are likely to be seriously deficient,
the inspector may serve a notice (in this Act referred to as a ‘prohibition notice’) on the person concerned. ]
(2) A prohibition notice shall—
(a) state that the inspector is of the opinion referred to in subsection (1),
(b) state the reason for that opinion,
(c) specify the activity in respect of which that opinion is held,
(d) where in the opinion of the inspector the activity involves a contravention, or likely contravention of any of the relevant chemicals statutory provisions, specify the provision,
(e) prohibit the carrying on of the activity concerned until the matters that give rise or are likely to give rise to the risk are remedied, and
(f) be signed and dated by the inspector.
(3) A prohibition notice may include directions—
(a) as to the measures to be taken to remedy any contravention or matter to which the notice relates, or to otherwise comply with the notice, and
(b) to bring the notice to the attention of any person who may be affected by it, or to the public generally.
(4) A prohibition notice shall take effect—
(a) when the notice is received by the person on whom it is served, or
(b) where an appeal is brought against the prohibition notice, on the day immediately following—
(i) the day on which the notice is confirmed on appeal or the appeal is withdrawn, or
(ii) the day specified in the notice,
whichever occurs later.
(5) The bringing of an appeal against a prohibition notice shall not have the effect of suspending the operation of the notice but the appellant may apply to the court to have the operation of the notice suspended until the appeal is disposed of and, on such application, the court may, if it thinks proper to do so, direct that the operation of the notice be suspended until the appeal is disposed of.
(6) A person on whom a prohibition notice is served may, within 7 days beginning on the day on which the notice is served on him or her, appeal against the notice to a judge of the District Court in the district court district in which the notice was served and in determining the appeal the judge may, if he or she is satisfied that it is reasonable to do so, confirm, vary or cancel the notice.
(7) Where, on the hearing of an appeal under this section, a prohibition notice is confirmed, notwithstanding subsection (4), the judge by whom the appeal is heard may, on the application of the appellant, suspend the operation of the prohibition notice for such period as in the circumstances of the case the judge considers appropriate.
(8) A person who—
(a) brings an appeal under subsection (6), or
(b) applies for the suspension of the operation of a prohibition notice under subsection (7),
shall at the same time notify the relevant national authority of the appeal or the application, and the grounds for the appeal or application.
(9) A person on whom a prohibition notice has been served who is of the opinion that the matters referred to in the prohibition notice have been remedied by the date specified in the notice shall confirm in writing to the inspector that those matters have been so remedied.
(10) Where a person on whom a prohibition notice has been served confirms in writing to the inspector in accordance with subsection (9) that the matters referred to in the prohibition notice have been remedied, the inspector shall, on being satisfied that the matters have been so remedied, within one month of receipt of such confirmation, give notice to the person concerned of such compliance with the prohibition notice.
(11) An inspector may at any time withdraw a prohibition notice if—
(a) the inspector is satisfied that the activity to which the notice relates no longer involves a serious risk to health or the environment, or
(b) the inspector is satisfied that the notice was issued in error or is incorrect in some material respect.
Substituted (10.12.2010) by Chemicals (Amendment) Act 2010 (32/2010), s. 8, S.I. No. 591 of 2010.