S.L. 646.12 Art. 2Interpretation.

(1) In these regulations, unless the context otherwise requires -

"Act" means the Health and Safety at Work Act;

"Authority" means the Occupational Health and Safety Authority; "Commission" means the Commission of the European Union;

"competent authority" means -

(a) the Occupational Health and Safety Authority as set up by the Act, the Environment and Resources Authority, established by the Environment Protection Act and the Civil Protection Department established by the Civil

Protection Act, acting jointly or separately as necessary; or

(b) any other agency or authority to which the Minister responsible for occupational health and safety, civil protection or the environment may, from time to time, assign any of the responsibilities of the competent authority under these regulations: Provided that the Minister shall issue a notice of any such assignment of responsibilities in the Gazette;

"dangerous substance" means a substance or mixture covered by Part 1 or listed in Part 2 of Schedule I, including in the form of a raw material, product, by-product, residue or intermediate; "establishment" means the whole location under the control of an operator where dangerous substances are present in one or more installations, including common or related infrastructures or activities; establishments are either lower-tier establishments or upper-tier establishments; "existing establishment" means an establishment that on 31 May 2015 falls within the scope of the Control of Major Accident

* Hazards Regulations, 2003 and from 1 June 2015 falls within the scope of these regulations without changing its classification as a lower-tier establishment or upper-tier establishment;

"hazard" means the intrinsic property of a dangerous substance or physical situation, with a potential for creating damage to human health or the environment;

*revoked by these Regulations. "inspection" means all actions, including site visits, checks of internal measures, systems and reports and follow-up documents, and any necessary follow-up, undertaken by or on behalf of the competent authority to check and promote compliance of establishments with the requirements of these regulations; "installation" means a technical unit within an establishment and whether at or below ground level, in which dangerous substances are produced, used, handled or stored; it includes all the equipment, structures, pipework, machinery, tools, private railway sidings, docks, unloading quays serving the installation, jetties, warehouses or similar structures, floating or otherwise, necessary for the operation of that installation;

"lower-tier establishment" means an establishment where dangerous substances are present in quantities equal to or in excess of the quantities listed in Column 2 of Part 1 or in Column 2 of Part 2 of Schedule I, but less than the quantities listed in Column 3 of Part 1 or in Column 3 of Part 2 of Schedule I, where applicable using the summation rule laid down in note 4 to Schedule I; "major accident" means an occurrence such as a major emission, fire, or explosion resulting from uncontrolled developments in the course of the operation of any establishment covered by these regulations, and leading to serious danger to human health or the environment, immediate or delayed, inside or outside the establishment, and involving one or more dangerous substances; "mixture" means a mixture or solution composed of two or more substances; "neighbouring establishment" means an establishment that is located in such proximity to another establishment so as to increase the risk or consequences of a major accident;

"new establishment" means -

(a) an establishment that enters into operation or is constructed, on or after 1 June 2015; or

(b) a site of operation that falls within the scope of these regulations, or a lower-tier establishment that becomes an upper-tier establishment or vice versa, on or after 1 June 2015 due to modifications to its installations or activities resulting in a change in its inventory of dangerous substances; "operator" means an "employer", as defined in the Act, who is in control of the operation of an establishment or installation (or in relation to an establishment or installation which is to be constructed or operated, the person who proposes to control its operation or, if that person is not known, the person who in the course of a trade, business or other undertaking carried on by him has commissioned its design and construction); and any duty imposed by these regulations on him shall extend only in relation to that establishment or installation; "other establishment" means a site of operation that falls within the scope of these regulations, or a lower-tier establishment that becomes an upper-tier establishment or vice versa, on or after 1 June 2015 for reasons other than those referred to in the definition "new establishment"; "presence of dangerous substances" means the actual or anticipated presence of dangerous substances in the establishment, or of dangerous substances which it is reasonable to foresee may be generated during loss of control of the processes, including storage activities, in any installation within the establishment, in quantities equal to or exceeding the qualifying quantities set out in Part 1 or Part 2 of Schedule I;

"risk" means the likelihood of a specific effect occurring within a specified period or in specified circumstances;

"storage" means the presence of a quantity of dangerous substances for the purposes of warehousing, depositing in safe custody or keeping in stock; "the public" means one or more natural or legal persons and, in accordance with national law or practice, their associations, organisations or groups; "the public concerned" means the public affected or likely to be affected by, or having an interest in, the taking of a decision on any matters covered by the provisions of the Environment Protection

Act, the Freedom of Access to Information on the Environment

Regulations, and the Plans and Programmes (Public Participation)

Regulations; for the purposes of this definition, non-governmental organisations promoting environmental protection and meeting any applicable requirements under national law and, or practice shall be deemed to have an interest; "upper-tier establishment" means an establishment where dangerous substances are present in quantities equal to or in excess of the quantities listed in Column 3 of Part 1 or in Column 3 of Part 2 of Schedule I, where applicable using the summation rule laid down in note 4 to Schedule I;

(2) Where, after the coming into force of these regulations, an establishment becomes subject to any of these regulations by reason of any increase in the quantity of dangerous substances present there, any reference in that regulation to the start of operation of the establishment, is a reference to the date when the establishment first becomes so subject.