S.I. No. 26/1990:

SPECIAL CONTROL AREA (BALLYFERMOT AREA D) ORDER 1989 (CONFIRMATION) ORDER, 1990.

SPECIAL CONTROL AREA (BALLYFERMOT AREA D) ORDER 1989 (CONFIRMATION) ORDER, 1990.

In exercise of the powers conferred on the Minister for the Environment by section 41 of the Air Pollution Act, 1987 , which said powers are delegated to me by the Environment (Delegation of Ministerial Functions) Order, 1989 ( S.I. No. 270 of 1989 ), I, MARY HARNEY, Minister of State at the Department of the Environment, hereby order as follows:--

1. This Order may be cited as the Special Control Area (Ballyfermot Area D) Order 1989 (Confirmation) Order, 1990.

2. The Order made on the 1st day of May, 1989, by the Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin under the provisions of sections 39 and 40 of the Air Pollution Act, 1987 and which is set out in the Schedule hereto is hereby confirmed subject to the following modifications:

( a ) The substitution of the following paragraph for paragraph 4:--

"4. In any fireplace in the special control area -- Area D, only the following fuels may be burnt:

(i) any fuel specified in Schedule 2 to this order,

(ii) any other fuel provided the fuel is burnt in an authorised fireplace and subject to any conditions that may be specified in relation to that fireplace.";

( b ) In paragraph 5 the addition of "--Area D" after "Special Control Area"; and

( c ) The following fuel shall be included in part (a) of Schedule 2:--

"Rheinbraun union coal nuggets/briketts".

3. The 31st day of August, 1990 is hereby specified as the date on which the Order referred to in article 2 of this Order shall come into operation.

DATED this 1st day of February, 1990.

MARY HARNEY,

Minister of State at the Department

of the Environment.

SCHEDULE

Special Control Area (Ballyfermot Area D) Order 1989

Whereas it appears to them, having had regard to the matters referred to in sub-section (2) of section 39 of the Air Pollution Act, 1987 (No. 6 of 1987) and report No. 125/1989 of the Assistant City Manager in this regard, that the area described in the First Schedule to this Order should, in order to limit air pollution, be declared to be a special control area, the Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin, in exercise of the powers conferred on them by sections 39 and 40 of the said Act, hereby order as follows:--

1. This order shall be cited as the Special Control Area (Ballyfermot Area D) Order, 1989.

2. The area described in the First Schedule to this order and shown in the map Index No. 11151/6 deposited at City Hall, Dublin 2, is hereby declared to be a special control area for the purposes of the Air Pollution Act, 1987 (No. 6 of 1987) and is hereinafter referred to as 'the special control area -- Area D.'

3. The pollutant with which this order is concerned is smoke.

4. A fuel other than those of the type specified in the Second Schedule to this order or other than any authorised fuel shall not be burnt at any time in any fireplace in the special control area.

5. No straw, vegetation or waste shall be burnt at any time in the special control area.

6. Nothing in this article shall prohibit the use of electricity in a premises for heating or any other purpose.

SCHEDULE 1

Description of the Special Control Area

Commencing at the point on the traffic island where the centre line of Ballyfermot Road intersects the centre line of Kylemore Road the boundary runs in a westerly direction along the centre line of Ballyfermot Road to the point where it intersects the Dublin County Borough Boundary. From this point, it continues coincident with the Dublin County Borough Boundary in a northerly direction to the point where the County Borough Boundary joins the north western corner of premises No. 75 Cleggan Park. From this point, the boundary of Area 'D' continues in an easterly direction coincident with the Dublin County Borough Boundary to the point at the north eastern corner of premises No. 72 Drumfinn Avenue. From this point, the boundary of Area 'D' continues coincident with the Dublin County Borough Boundary in a northerly, then easterly and then northerly direction until it intersects the centre line of the Lucan Road. The boundary of Area 'D' then continues coincident with the Dublin County Borough Boundary in an easterly direction along the centre line of the Lucan Road and in a northerly direction along the western side of Glenaulin Estate and continues in a northerly direction to a point where the Dublin County Borough Boundary intersects the centre line of the River Liffey. From this point, the boundary of Area 'D' continues coincident with the Dublin County Borough Boundary in an easterly direction along the centre of the River Liffey to the point where the County Borough Boundary turns and runs in a north-easterly direction. The boundary of Area 'D' continues coincident with the Dublin County Borough in this north-easterly direction until it joins the centre of the wall which forms the south western boundary to the Phoenix Park. From this point, the boundary of Area 'D' runs in a south-easterly direction along the centre of the boundary wall to the Phoenix Park to the point where this wall forms the northern boundary to the Chapelizod Road, and the southern boundary of the Phoenix Park. The boundary of Area 'D' then continues in an easterly direction along the centre of the boundary wall to the Phoenix Park to a point intersected by an imaginery line produced northwards from a boundary wall located 122 metres from the centre of the western entrance gate pier of the premises 'Liffey Vale'.

From this point the boundary to Area 'D' runs in a southerly direction across the Chapelizod Road and along the aforementioned boundary wall located 122 metres from the centre of the western entrance pier of the premises 'Liffey Vale' and continues in a southerly direction until it intersects the centre line of the River Liffey. From this point, the boundary to Area 'D' runs in an easterly direction along the centre line of the River Liffey to a point intersected by an imaginary line produced northwards from the eastern edge of the carriageway of St. Mary's Avenue West. From this point, the boundary runs in a southerly direction along the aforementioned imaginary projection and continues southwards along the eastern edge of the carriageway to St. Mary's Avenue West and continues in this same line and direction to the point where it is intersected by the centre line of Sarsfield Road. The boundary to Area 'D' then runs in a westerly direction along the centre lines of Sarsfield Road and Ballyfermot Road to the point of commencement.

Schedule 2

Fuels specified for burning in the Special Control Area -- Area D

( a ) Any liquid fuel

Any gaseous fuel

Anthracite

Briquetted fuels carbonised in the process of manufacture

Low temperature carbonisation coals

Coke

Bord na Mona Peat Briquettes

( b ) Any other fuel authorised by the Minister.

Present when the Corporate Seal of the Corporation was affixed here to. The Right Honourable THE DEPUTY LORD MAYOR also being present.

Derek Kirwan,

City Hall, Dublin Corporation Official.

P. S. Ó MUIRGHEASA,

Deputy City Manager & Town Clerk.

EXPLANATORY NOTE.

This order confirms with modification the Special Control Area (Ballyfermot Area D) Order 1989 made by Dublin Corporation designating part of Ballyfermot a special control area within the meaning of the Air Pollution Act, 1987 .