Energy (Miscellaneous Provisions) Act 2006
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: — (1) This Act may be cited as the Energy (Miscellaneous Provisions) Act 2006.
(2) Sections 4 , 6 , 8 , 11 to 14 and 19 of this Act shall come into operation on such day or days as the Minister may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or provisions.
num: 2
paragraphs: — In this Act—
“ Act of 1976 ” means the Gas Act 1976 ;
“ Act of 1999 ” means the Electricity Regulation Act 1999 ;
“ Act of 2001 ” means the Electricity (Supply) (Amendment) Act 2001 ;
“ Minister” means the Minister for Communications, Marine and Natural Resources.
num: 3
paragraphs: — The Act of 1999 is amended by the insertion after section 9A of the following section:
“Functions of Commission regarding all-island energy market.
9B.— (1) It shall be, and be deemed always to have been, a function of the Commission to participate in the development of an all-island energy market, including the preparation of proposals and the provision of advice to the Minister in regard to any part or aspect of the establishment, management and operation of such a market.
(2) The Commission may take all actions it considers necessary, in carrying out its function under subsection (1).
(3) The powers conferred on the Commission by subsection (1) include the power to direct—
(a) a person holding a licence under section 14(1)(e) or ESB National Grid to negotiate with any person holding an analogous licence as respects any part of Northern Ireland and to enter into an agreement with any such person to establish an entity to be known as a single market operator,
(b) the holder of a licence under section 14(1)(e) or ESB National Grid to take such steps as are necessary to ensure the proper functioning and operation of the system of trading in electricity for which it is responsible on foot of a direction from the Commission under this Act or the European Communities (Internal Market in Electricity) Regulations 2000 and 2005, and
(c) the holder of a licence granted under section 14 or a person who stands licensed to generate electricity by virtue of subsection (1A) or (1B) of section 14 to comply with any directions, codes or rules made by the Commission under this Act or the European Communities (Internal Market in Electricity) Regulations 2000 and 2005.
(4) The power of the Commission under subsection (3) includes the power to direct that necessary expenditure be undertaken by the holder of a licence under section 14(1)(e) or ESB National Grid.
(5) Without prejudice to the generality of subsection (2) the Commission in exercising its powers under this section may—
(a) liaise,
(b) co-operate, or
(c) enter into arrangements including arrangements involving—
(i) the sharing of information, or
(ii) the sharing of expenditure,
with a relevant person in any other Member State of the European Union and in particular the Northern Ireland Authority for Energy Regulation.
(6) In this section—
‘ all-island energy market ’ means a market in energy for the island of Ireland resulting from the integration of the equivalent markets in Ireland with those of Northern Ireland;
‘ island of Ireland ’ includes its islands and seas;
‘ ESB National Grid ’ means the National Grid Business Unit of the Board performing the functions of the transmission system operator under this Act and the European Communities (Internal Market in Electricity) Regulations 2000 and 2005, pending the granting of a licence under section 14(1)(e);
‘ market in energy ’ includes a market in respect of—
(a) the generation, supply, transmission, distribution and trading, including the export or import, of electricity, including electricity generated from renewable sources,
(b) the storage, supply, transmission, distribution and trading, including the export and import, of natural gas,
(c) energy efficiency services,
(d) energy research and development, and
(e) other sustainable energy activities;
‘ relevant person ’ means—
(a) any person exercising a function in relation to an energy market which corresponds to any of the functions of the Commission or the Minister under—
(i) the Electricity and Gas Regulation Acts 1999 to 2002,
(ii) European Communities (Internal Market in Electricity) Regulations 2000 and 2005,
and
(b) any person engaged in—
(i) generation, supply, including the export or import, transmission or distribution of electricity, or
(ii) storage, supply including the export or import, transmission or distribution of natural gas;
‘ single market operator ’ means an entity established pursuant to an agreement made under subsection (3) for the purpose of establishing and operating a system of contracts and arrangements (including such rights and obligations as appear to the Commission to be necessary) for trading in electricity on the island of Ireland.”.
num: 4
paragraphs: — The Act of 1999 is amended by the insertion after section 9B (inserted by section 3 ) of the following sections—
“Function of Commission relating to electrical safety.
9C.— It shall be a function of the Commission to regulate the activities of electrical contractors with respect to safety.
Regulation of electrical contractors.
9D.— (1) (a) The Commission may appoint a person or persons to be a designated body for the purposes of this section and such body may be referred to as an Electrical Safety Supervisory Body.
(b) Where the Commission has not appointed a person or persons to be a designated body, or a designated body is, in the opinion of the Commission, no longer able to carry out its functions under this section, the Commission may, with the consent of the Minister, appoint an employee of the Commission to carry out those functions on a temporary basis.
(2) (a) In determining the number of persons appointed under subsection (1) the Commission shall have regard to the costs likely to be incurred—
(i) by the Commission in carrying out its functions under this section, and
(ii) by final customers.
num: 5
paragraphs: — The Act of 1999 is amended in section 14(1) by the substitution for paragraphs (c) and (d) of the following paragraphs:
“(c) to supply electricity to final customers which is generated by that supplier or purchased by that supplier and which electricity is generated, in whole or in part, using renewable, sustainable or alternative forms of energy, in accordance with any trading arrangements provided for in regulations made under section 9(1)(d),
(d) to supply electricity to final customers which is generated by that supplier or purchased by that supplier and which electricity is generated, in whole or in part, using combined heat and power, in accordance with any trading arrangements provided for in regulations made from time to time by the Commission under section 9(1)(d),”.
num: 6
paragraphs: — The Act of 1999 is amended—
(a) in subsection (1) of section 2—
(i) by the substitution for the definition of “combined heat and power” of the following:
“ ‘ combined heat and power ’ means the simultaneous generation in one process of—
(a) thermal energy and electrical energy,
(b) thermal energy and mechanical energy, or
(c) thermal, electrical and mechanical energy;”,
and
(ii) by the insertion of the following new definitions in alphabetical order:
“‘ economically justifiable demand ’ means the demand that does not exceed the needs for heat or cooling and which would otherwise be satisfied at market conditions by energy generation processes other than cogeneration;
‘ electricity production from combined heat and power ’ means electricity produced from combined heat and power calculated in accordance with section 7;
‘ high efficiency combined heat and power ’ means combined heat and power production which on an annual basis—
num: 7
paragraphs: — The Act of 1999 is amended by the insertion after section 10 of the following section:
“Policy directions to Commission.
10A.— (1) (a) In the interests of the proper and effective regulation of the electricity and natural gas markets and the formulation of policy applicable to such proper and effective regulation, the Minister may give such general policy directions to the Commission, as he or she considers appropriate, to be followed by the Commission in the exercise of its functions.
(b) Notwithstanding the generality of paragraph (a), such general policy directions may have regard to the following issues—
(i) security of energy supply,
(ii) sustainability of energy supply,
(iii) competitiveness of energy supply, or
(iv) such other matter which the Minister considers appropriate.
num: 8
paragraphs: — (1) Subsection (1) of section 2 of the Act of 1999 is amended by the insertion in the definition of “transmission” of “subject to section 2A,” before “in relation to electricity”.
(2) The Act of 1999 is amended by the insertion of the following section after section 2:
“Position of interconnectors as respects transmission system.
2A.— (1) An interconnector owned by the Board shall be part of the transmission system.
(2) Subject to subsection (3) an interconnector owned by a person other than the Board shall not be part of the transmission system.
(3) Notwithstanding subsection (2), an interconnector owned by a person other than the Board shall be considered to be part of the transmission system for the purposes of calculating charges and imposing charges for use of the transmission system.”.
(3) Subsection (1) of section 14 of the Act of 1999 is amended—
(a) in paragraph (g) by the substitution of “distribution system operator,” for “distribution system operator, or”,
(b) in paragraph (h) by the substitution of “public electricity supplier, or” for “public electricity supplier”, and
(c) by the insertion after paragraph (h) of the following paragraph:
“(i) to transport electricity across and maintain an interconnector,”.
(4) Section 16 of the Act of 1999 is amended—
(a) by the substitution for subsection (1) of the following subsection:
“(1) A person shall not—
(a) construct or reconstruct a generating station for the purpose of supply to final customers, or
(b) construct an interconnector,
unless an appropriate authorisation has been granted to the person by the Commission.”,
(b) by the substitution for subsection (3) of the following subsection:
“(3) Subject to section 17, the Commission may grant or may refuse to grant to any person an authorisation—
(a) to construct or reconstruct a generating station, or,
(b) to construct an interconnector,
and where the Commission grants such an authorisation, that authorisation shall be subject to such terms and conditions as may be specified in the authorisation, including, as respects a generating station, the generating capacity of such station.”.
(5) The Act of 1999 is amended by the insertion after section 16 of the following section:
“Construction of an interconnector.
16A.— The Commission may, with the consent of the Minister, secure the construction of an interconnector or interconnectors by one or more of the following means:
(a) a competitive tender;
(b) an authorisation granted to a person without a prior competitive tender where the person demonstrates, to the satisfaction of the Commission, that the granting of an authorisation, subject to such conditions as the Commission deems necessary and appropriate, is in the long term interests of final customers; or
(c) requesting the transmission system operator to provide for the construction of an interconnector in its development plan.”.
(6) Section 18 of the Act of 1999 is amended in subsection (1) by the insertion of “to construct or reconstruct a generating station” after “authorisation”.
(7) The Act of 1999 is amended by the insertion after section 34 of the following section:
“Terms for access to interconnector.
34A.— (1) Subject to subsection (3) the holder of a licence under section 14(1)(i) (in this section referred to as the ‘interconnector operator’) shall offer access to the interconnector concerned on the basis of published non-discriminatory terms which shall be subject to the approval of and directions given by the Commission.
(2) Without prejudice to the generality of subsection (1) the Commission may give directions to the interconnector operator which provide for—
(a) the matters to be specified in an agreement for use of the interconnector,
(b) the terms and conditions upon which an offer for access to the interconnector is made,
(c) the basis upon which charges may be made for access to the interconnector,
(d) the terms and conditions upon which applications for access are to be made and the period of time within which an offer or refusal pursuant to an application is to be made by the interconnector operator, and
(e) any other matters which the Commission considers necessary or expedient for the purpose of making an offer of access to the interconnector,
and the interconnector operator shall comply with directions given by the Commission under this section within such period of time as may be specified by the Commission.
(3) The interconnector operator shall not be required under subsection (1) to enter into an agreement where—
(a) it has demonstrated to the satisfaction of the Commission that it is not in the public interest to do so,
(b) to enter into an agreement under this section would be likely to involve the interconnector operator—
(i) in a breach of this Act,
(ii) in a breach of regulations made under this Act,
(iii) in a breach of the grid code or distribution code, or
(iv) in a breach of the conditions of any licence or authorisation granted to the interconnector operator under this Act.
(4) Where the interconnector operator refuses to enter into an agreement under this section the interconnector operator shall serve notice on the applicant of the reasons for such refusal.
(5) Any dispute between the interconnector operator and a person who is, or claims to be, a person to whom the interconnector operator is obliged to make an offer of access to the interconnector (and whether the dispute relates to the making of an offer, the terms offered, the proposed charge or otherwise)—
(a) where the offer is made by the interconnector operator, or
(b) where an offer is refused by the interconnector operator,
may, upon the application of that person, be determined by the Commission and the interconnector operator shall comply with and be bound by any such determination.”.
num: 9
paragraphs: — The Act of 1999 is amended by the insertion after Part VI of the following part:
“PART VIA
Emergency Measures in Event of Sudden Crisis
Emergency measures.
40A.— (1) In the event of a sudden crisis in the energy market and where the physical safety or security of persons, apparatus or installations, or the integrity of the natural gas or electricity transmission system or the natural gas or electricity distribution system is threatened the Minister may by order direct—
(a) the Commission,
(b) the holder of a licence under section 14,
(c) a person referred to in section 10A(2)(b)(i), (ii), (iii) or (iv) of the Gas Act 1976 ,
to take such safeguard measures as the Minister considers necessary, and the person to whom the order is directed shall comply with the direction.
(2) In making an order under this section the Minister shall have regard to the objective that the measures subject to a direction under the order—
(a) should cause the least possible disturbance to the functioning of the internal market in gas or electricity, and
(b) are not wider in scope than is strictly necessary to remedy the sudden difficulties.
(3) The Minister may by order, amend or revoke an order made under this section, including an order under this subsection.”.
num: 10
paragraphs: — (1) The Act of 1999 is amended—
num: 11
paragraphs: — Section 2 of the Act of 1999 is amended in subsection (1) by the insertion of the following definition after the definition of “Minister”:
“ ‘natural gas fitting’ means any appliance, apparatus or other thing including associated pipework and flueing which is used or designed to be used by—
(a) a domestic customer, or
(b) such class or classes of industrial or commercial customer as the Commission may specify from time to time,
in connection with the consumption or use of natural gas whether the appliance, apparatus or thing is the property of a natural gas undertaking or otherwise;”.
num: 12
paragraphs: — Section 9 of the Act of 1999 is amended—
(a) in subsection (1) by the insertion of the following paragraphs after paragraph (e):
“(ea) to regulate the activities of natural gas undertakings and natural gas installers, with respect to safety,
(eb) to promote the safety of natural gas customers and the public generally as respects the supply, storage, transmission, distribution and use of natural gas (excluding such activities carried out at upstream pipelines or facilities except where such pipeline or facility is engaged in the storage of natural gas),
(ec) to consult with The National Standards Authority of Ireland regarding standards and specifications relating to gas safety.”,
(b) by the insertion, after subsection (1F) of the following subsections:
“(1G) (a) In carrying out its functions under subsection (1)(ea) the Commission shall, having consulted with the Minister, establish and implement a natural gas safety regulatory framework, and report annually to the Minister on the functioning of such framework.
(b) The framework established under paragraph (a) shall include—
(i) a system for the inspection and testing of all natural gas transmission and distribution pipelines, storage and LNG facilities to an extent and at a frequency specified in the framework,
(ii) a system for the regulation, certification, ongoing inspection of the work and assessment of the competence of individual trained natural gas installers,
(iii) procedures for the investigation of complaints regarding the competence of any particular natural gas installer,
(iv) procedures for the investigation of any incidents involving natural gas which in the opinion of the Commission warrant such investigation,
(v) procedures relating to the making of a report to the Minister in respect of an investigation under subparagraph (iv),
(vi) any other matter considered necessary by the Commission.
(c) The Commission may review or amend the framework referred to in paragraph (a) as often as it considers necessary.
(1H) (a) In carrying out its functions under paragraphs (ea) and (eb) of subsection (1) the Commission may require natural gas undertakings to regularly advise and provide information to their final customers and the public as respects—
(i) best practice in relation to the safe use of natural gas and on the operation and maintenance of natural gas fittings, and
(ii) the detection and reporting of natural gas leaks and other faults in natural gas fittings,
in such manner as the Commission may, from time to time, direct.
(b) Without prejudice to the generality of paragraph (a), the Commission may direct a natural gas undertaking to engage in, either on its own or in concert with any other natural gas undertaking (whether or not such other undertaking operates within the State), campaigns promoting natural gas safety, which campaigns shall take such form as the Commission may specify in its direction and each natural gas undertaking concerned shall comply with any such direction.”.
num: 13
paragraphs: — The Act of 1999 is amended by the insertion after section 9E (inserted by section 4 ) of the following sections:
“Regulation of gas installers.
9F.— (1) (a) The Commission may appoint a person to be the designated body for the purposes of this section and such body may be referred to as a Gas Safety Supervisory Body.
(b) Where the Commission has not appointed a person to be the designated body, or the designated body is, in the opinion of the Commission, no longer able to carry out its functions under this section, the Commission may, with the consent of the Minister, appoint an employee of the Commission to carry out those functions on a temporary basis.
(2) (a) In appointing a person to be the designated body in accordance with subsection (1) the Commission shall have regard to the costs likely to be incurred—
(i) by the Commission in carrying out its functions under this section, and
(ii) by final customers.
num: 14
paragraphs: — The Act of 1999 is amended by the insertion after section 9J (inserted by section 13 ) of the following section:
“Extension of gas safety provisions to liquefied petroleum gas.
9K.— A reference in—
(a) sections 9F to 9J of this Act,
(b) paragraphs (ea) to (ec) of section 9(1), and
(c) subsections (1G) and (1H) of section 9,
to natural gas shall be construed and have effect as if it included a reference to liquefied petroleum gas.”.
num: 15
paragraphs: — Section 2 of the Gas Act 1976 is amended by substituting the following definitions for “foreshore”, “harbour authority” and “local authority”, respectively:
“ foreshore” means the bed and shore, below the line of high water of ordinary or medium tides, of the sea and of every tidal river and tidal estuary and of every channel, creek and bay of the sea or of any such river or estuary and the outer limit of the foreshore shall be determined in accordance with section 1A (inserted by section 60 of the Maritime Safety Act 2005 ) of the Foreshore Act 1933 ;
“harbour authority” means—
(a) in the case of a harbour to which the Harbours Act 1996 applies, the harbour company concerned,
(b) in the case of a harbour to which the Harbours Acts 1946 to 1976 apply, the harbour authority concerned,
(c) in the case of a fishery harbour centre to which the Fishery Harbour Centres Act 1968 applies or any other harbour under the control or management of the Minister for Communications, Marine and Natural Resources, that Minister,
(d) in the case of a harbour under the control or management of a local authority, the local authority concerned,
(e) in the case of a harbour under the control or management of IarnrÃ³d Ãireann – Irish Rail, that company,
(f) in the case of any other harbour, the owner;
“local authority” has the meaning assigned to it by the Local Government Act 2001 ;.
num: 16
paragraphs: — The Act of 1976 is amended by the insertion after section 7 of the following sections:
“Definitions.
7A.— In this section and in sections 7B to 7G—
‘ approved scheme ’ means a scheme or schemes relating to the Board which is or are approved by the Revenue Commissioners, from time to time, pursuant to Part 17 of the Taxes Consolidation Act 1997 ;
‘ capital stock ’ has the meaning assigned to it by section 7B;
‘ company ’ means a company within the meaning of the Companies Act 1963 ;
‘ employees of the Board ’ means the officers and servants of the Board;
‘ net assets of the Board ’ means all the reserves contained in the balance sheet of the Board.
Power to create and issue capital stock.
7B.— (1) By virtue of this section, the Board has, as part of its functions, the power to create stock (‘capital stock’) subject to such terms and conditions contained in any capital stock scheme made pursuant to section 7E, in amounts that, in aggregate, are equal to the net assets of the Board.
(2) (a) The Board may, in accordance with an approved scheme, make available to employees of the Board or trustees on their behalf up to 5 per cent of the capital stock in return for transformations in the company of at least equal value carried out by the employees of the Board.
(b) The Board shall issue 10 per cent of any capital stock to the Minister for Communications, Marine and Natural Resources without payment and the said capital stock shall be treated as fully paid up.
(c) The Board shall issue the remainder of any capital stock to the Minister for Finance without payment and the said capital stock shall be treated as fully paid up.
Exercise of powers by Minister for Finance and Minister for Communica-tions, Marine and Natural Resources in respect of capital stock.
7C.— (1) Subject to the provisions of this Act, the Minister for Finance may, in respect of the capital stock held by him or her, exercise all the rights or powers of a holder of such capital stock and, where such right or power is exercisable by attorney, exercise it by his or her attorney.
(2) Subject to the provisions of this Act, the Minister for Communications, Marine and Natural Resources may, in respect of the capital stock held by him or her, exercise all the rights or powers of a holder of such capital stock and, where such right or power is exercisable by attorney, exercise it by his or her attorney.
(3) The Minister for Communications, Marine and Natural Resources shall not sell, exchange, surrender or otherwise dispose of all or any of the capital stock in the Board held by him or her without the prior consent of the Minister for Finance.
Conversion of capital stock into company shares.
7D.— If further legislation is enacted after the passing of this Act to reconstitute the Board as a company, then the capital stock shall be converted into ordinary share capital in the company in a manner so that the new share holdings in the company equate with the capital stock holdings in the Board immediately before the reconstitution of the Board as a company.
Arrangements relating to rights and obligations relating to capital stock.
7E.— (1) The Board may make a scheme (in this section referred to as a ‘capital stock scheme’) as respects—
(a) the terms and conditions relating to the creation of capital stock, and
(b) the rights and obligations attaching to the capital stock,
and any such capital stock scheme shall be subject to the prior written consent of the Minister for Communications, Marine and Natural Resources and the Minister for Finance.
(2) Without prejudice to the generality of subsection (1), a capital stock scheme made under subsection (1) may include provisions relating to dividends, voting rights, Board representation and the limitation of the transfer or alienation of beneficial ownership in capital stock.
(3) Every capital stock scheme made pursuant to this section shall be laid before each House of the Oireachtas as soon as may be after it has been made and, if a resolution annulling the capital stock scheme is passed by either such house within the next 21 days on which that House has sat after the scheme is laid before it, the capital stock scheme shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.
Power of Board to establish approved scheme.
7F.— The Board shall have the power to establish an approved scheme.
Payment of dividend into Exchequer.
7G.— All amounts representing dividends or other money received by the Minister for Finance or the Minister for Communications, Marine and Natural Resources in respect of capital stock held by either of them shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.”.
num: 17
paragraphs: — (1) Section 10A of the Gas Act 1976 is amended by the substitution for subsection (2) of the following subsection:
“(2) (a) Subject to subsection (7) and subject to such exemptions as may be granted in accordance with Article 22 of the Directive, where an application is received for third party access from or on behalf of an eligible customer in respect of a downstream facility operated by a person licensed under section 16 of the Gas (Interim) (Regulation) Act 2002 , the facility operator shall offer to enter into an agreement for such access, subject to terms and conditions specified in directions issued by the Commission under subsection (5).
(b) In paragraph (a), ‘ eligible customer ’ means—
(i) the holder of a natural gas licence under section 16 of the Gas (Interim) (Regulation) Act 2002 , for the purpose of carrying out any activity for which the holder is licensed,
(ii) the holder of a petroleum lease under section 13 of the Petroleum and Other Minerals Development Act 1960 , for the purpose of carrying out any activity connected with the lease,
(iii) a person in respect of whom an order has been made under section 2(1) of the Gas (Amendment) Act 1987 , for the purpose of carrying out the functions conferred on the person by the order,
(iv) a person who operates a gas-fired generating station, irrespective of its annual consumption level, for the purpose of providing energy for the generation of electricity at that station,
(v) a customer purchasing natural gas which is not exclusively for his or her household use, and
(vi) subject to the provisions of section 17 (2) of the Energy (Miscellaneous Provisions) Act 2006, with effect from the coming into operation of this paragraph, any person.”.
(2) (a) Subject to the provisions of this subsection, subparagraph (vi) of section 10A(2)(b) of the Gas Act 1976 (inserted by subsection (1)) shall come into operation on—
(i) such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different provisions or different purposes and in particular the Minister may in any such order under this section specify or delimit a geographical area as respects which the order is to apply, or
(ii) to the extent that subparagraph (vi) has not previously been commenced, the 1st day of July 2007,
whichever is the earlier.
(b) Before making an order under paragraph (a)(i) the Minister shall consult the Commission which shall indicate to the Minister whether, in its opinion, the making of such an order would be in the best interests of the natural gas market and natural gas consumers in the State generally or any part of the State.
num: 18
paragraphs: — (1) Section 10B of the Gas Act 1976 is amended by the substitution for subsection (1) of the following subsection:
“(1) (a) Subject to subsection (6) and subject to such exemptions as may be granted in accordance with Article 22 of the Directive, where an application is received for third party access in respect of an upstream pipeline from or on behalf of an eligible customer, the upstream pipeline operator shall offer to enter into an agreement for such access, subject to terms and conditions specified in regulations made by the Minister under subsection (3).
(b) In paragraph (a), ‘eligible customer’ means—
(i) the holder of a natural gas licence under section 16 of the Gas (Interim) (Regulation) Act 2002 , for the purpose of carrying out any activity for which the holder is licensed,
(ii) the holder of a petroleum lease under section 13 of the Petroleum and Other Minerals Development Act 1960 , for the purpose of carrying out any activity connected with the lease,
(iii) a person in respect of whom an order has been made under section 2(1) of the Gas (Amendment) Act 1987 , for the purpose of carrying out the functions conferred on the person by the order,
(iv) a person who operates a gas-fired generating station, irrespective of its annual consumption level, for the purpose of providing energy for the generation of electricity at that station,
(v) a customer purchasing natural gas which is not exclusively for his or her household use, and
(vi) subject to the provisions of section 18 (2) of the Energy (Miscellaneous Provisions) Act 2006, with effect from the coming into operation of this subparagraph, any person.”.
(2) Subject to the provisions of this subsection, subparagraph (vi) of section 10B(1)(b) of the Gas Act 1976 (inserted by subsection (1)) shall come into operation on—
(a) such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different provisions or different purposes, or
(b) to the extent that subparagraph (vi) has not previously been commenced, the 1st day of July 2007,
whichever is the earlier.
num: 19
paragraphs: — The Gas (Interim) (Regulation) Act 2002 is amended by the insertion after section 21 of the following sections:
“Supplier of last resort.
21A.— (1) (a) The Commission may invite expressions of interest from persons who are licensed suppliers to act as a supplier of last resort, that is, to supply gas in accordance with this section.
(b) Following public consultation and subject to paragraph (c), the Commission shall designate a licensed supplier to act as a supplier of last resort.
(c) The Commission may reconfirm, amend or revoke a designation made under this subsection as it sees fit.
(2) A supplier of last resort shall supply gas to final customers of another licensed supplier where—
(a) a licensed supplier with whom final customers have a supply contract ceases or fails to supply gas to those final customers in accordance with its contractual obligations, or
(b) following representations to the Commission from a licensed supplier, the Commission is of the opinion that circumstances exist which warrant a direction to that supplier of last resort to supply gas to a final customer.
(3) The Commission shall include in a designation under subsection (1) any terms, conditions or requirements considered necessary by the Commission in respect of the functions of that supplier of last resort.
(4) The Commission shall specify in a designation—
(a) the terms and conditions under which that supplier of last resort shall supply gas to a final customer, including those in relation to—
(i) duration of supply,
(ii) termination of supply, and
(iii) price,
(b) the method for calculating the charges for the supply of gas to a final customer,
(c) any other matters which the Commission considers necessary for the purpose of the supply of gas to a final customer by that supplier of last resort,
and that supplier of last resort shall comply with the matters so specified.
(5) Where a final customer is supplied with gas by a supplier of last resort, a contract for the supply of gas shall be deemed to exist between the final customer and the supplier of last resort concerned from the date upon which the supply of gas to the final customer by such supplier of last resort commences and such contract shall be subject to terms and conditions specified by the Commission in designating that supplier of last resort.
Shipper of last resort.
21B.— (1) (a) The Commission may invite expressions of interest from licensed shippers to act as a shipper of last resort, that is, to ship gas in accordance with this section.
(b) Following public consultation and subject to paragraph (c), the Commission may designate a licensed shipper to act as a shipper of last resort.
(c) Notwithstanding the generality of paragraphs (a) and (b), where the Commission is of the opinion that Bord GÃ¡is Ãireann is an appropriate person to carry out the functions of a shipper of last resort under this section, it may, in accordance with paragraph (b), designate Bord GÃ¡is Ãireann to act as a shipper of last resort.
(d) The Commission may reconfirm, amend or revoke a designation made under paragraph (b) as it sees fit.
(2) A shipper of last resort shall ship gas to customers of another licensed shipper where—
(a) a licensed shipper with whom customers have a shipping contract ceases or fails to ship gas to those customers in accordance with its contractual obligations, or
(b) following representations to the Commission from a licensed shipper, the Commission is of the opinion that circumstances exist which warrant a direction to that shipper of last resort to ship gas to a customer of a licensed shipper.
(3) The Commission shall include in a designation under subsection (1) any terms, conditions or requirements considered necessary by the Commission in respect of the functions of that shipper of last resort.
(4) The Commission shall specify in a designation—
(a) the terms and conditions under which that shipper of last resort shall ship gas to a customer of a licensed shipper, including those in relation to—
(i) the duration of the obligation,
(ii) the termination of obligation, and
(iii) charges,
(b) the method for calculating the charges for the shipping of gas arising from the designation,
(c) any other matters which the Commission considers necessary,
and that shipper of last resort shall comply with the matters so specified.
(5) Where a shipper of last resort ships gas to or on behalf of a customer of a licensed shipper in accordance with this section, a contract for the shipping of that gas shall be deemed to exist between that customer and the shipper of last resort concerned from the date upon which the shipping of gas to the customer by such shipper of last resort commences, and such contract shall be subject to terms and conditions specified by the Commission in designating the shipper of last resort.
(6) The Commission may designate a person who is both a licensed shipper and a licensed supplier to be a shipper of last resort under this section and a supplier of last resort under section 21A.”.
num: 20
paragraphs: — Section 22 of the Turf Development Act 1998 is amended in subsection (1)(b) by the substitution of “€400 million” for “£100 million”.
num: 21
paragraphs: — (1) The Act of 2001 is amended in section 2 by the insertion after subsection (2) of the following subsections:
“(3) Of the capital stock in the Board issued to the Minister for Finance pursuant to subsection (2)(a) there shall, on the coming into operation of this subsection, stand transferred to the Minister for Communications, Marine and Natural Resources and rest in that Minister capital stock in the Board amounting to 10 per cent of the capital stock in the Board.
(4) As respects capital stock issued by the Board after the coming into operation of this subsection—
(a) 85 per cent of such capital stock shall issue to the Minister for Finance without payment and the said capital stock shall be treated as fully paid-up, and
(b) 10 per cent of such capital stock shall issue to the Minister for Communications, Marine and Natural Resources without payment and the said capital stock shall be treated as fully paid-up,
and such arrangements shall apply in place of the arrangements specified in subsection (2)(a).”.
(2) The Act of 2001 is amended by the substitution of the following section for section 3:
“Exercise of powers by Minister for Finance and Minister for Communications, Marine and Natural Resources in respect of capital stock.
num: 3
paragraphs: — (1) Subject to the provisions of this Act, the Minister for Finance may, in respect of the capital stock held by him or her, exercise all the rights or powers of a holder of such capital stock and, where such right or power is exercisable by attorney, exercise it by his or her attorney.
(2) Subject to the provisions of this Act, the Minister for Communications, Marine and Natural Resources may, in respect of the capital stock held by him or her, exercise all the rights or powers of a holder of such capital stock and, where such right or power is exercisable by attorney, exercise it by his or her attorney.
(3) The Minister for Communications, Marine and Natural Resources shall not sell, exchange, surrender or otherwise dispose of all or any of the capital stock in the Board held by him or her without the prior consent of the Minister for Finance.”.
(3) The Act of 2001 is amended by the substitution for section 7 of the following section:
“Payment of dividends into Exchequer.
num: 7
paragraphs: — All amounts representing dividends or other money received by the Minister for Finance or the Minister for Communications, Marine and Natural Resources in respect of capital stock held by either of them shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.”.
(4) The Act of 2001 is amended by the substitution for section 11 of the following section:
“Expenses.
num: 11
paragraphs: — The expenses incurred by the Minister for Communications, Marine and Natural Resources and the Minister for Finance in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of monies provided by the Oireachtas.”.
num: 22
paragraphs: — (1) In this section—
“ Act of 2000 ” means the Planning and Development Act 2000 ;
“ Act of 2006 ” means the Planning and Development (Strategic Infrastructure ) Act 2006.
(2) In subsections (3) to (5) a reference to a numbered section without qualification is a reference to the section so numbered that has been inserted in the Act of 2000 by the Act of 2006.
(3) No approval shall be required under—
(a) section 181B,
(b) section 182B, or
(c) section 182D,
in relation to development referred to in section 181A, 182A or 182C, respectively, if—
(i) in the case of development referred to in section 181A, a notification in respect of the development has been published, before the commencement of this section, in accordance with regulations under section 181(1)(b) of the Act of 2000 (whether or not the development has been commenced or completed before the commencement of this section),
(ii) in the case of development referred to in section 182A, the development has been the subject of—
(I) a grant of permission under section 34 of the Act of 2000 before the commencement of this section and that permission is in force immediately before such commencement, or
(II) an application made, before the commencement of this section, in accordance with the Act of 2000 and regulations thereunder for the grant of such a permission and that application does not stand withdrawn before the commencement of this section,
(iii) in the case of development referred to in section 182C, the development has been the subject of—
(I) a grant of consent under section 39A or 40 of the Act of 1976 before the commencement of this section and that consent is in force immediately before such commencement, or
(II) an application made, before the commencement of this section, in accordance with the Act of 1976 and regulations thereunder for the grant of such a consent and that application does not stand withdrawn before the commencement of this section.
(4) Nothing in section 182C or any other provision of the Act of 2000 shall be read as meaning that, notwithstanding the permission granted under section 34 of the Act of 2000 in respect of that terminal before such commencement, a permission—
(a) under section 34 or 37G of the Act of 2000, and
(b) granted after the commencement of the amendments of that Act made by the Act of 2006,
is required, either in circumstances generally or in the circumstances referred to in subsection (5), in respect of the terminal referred to in subsection (6).
(5) The circumstances mentioned in subsection (4) are that an application is made under section 182C in relation to a development which, if it is carried out, will consist of the alteration or modification of the terms of the strategic gas infrastructure development referred to in subsection (6) other than the terms of that development that comprise the terminal referred to in that subsection.
(6) The terminal mentioned in subsections (4) and (5) is a terminal comprised in a strategic gas infrastructure development (within the meaning of the Act of 2000) the pipeline comprised in which development has been the subject of a consent referred to in subsection (3)(iii)(I).
num: 23
paragraphs: — In this Part—
“ local authority ” means a county council or city council within the meaning of the Local Government Act 2001 ;
“mine” means any mine or quarry within the meaning of subsection (1) or (2), respectively, of section 3 of the Mines and Quarries Act 1965 and includes─
(a) any place to which subsection (3) of that section relates, and
(b) any place used for the deposit of spoil or other refuse taken from the mine or quarry,
and a reference to the site of a former mine shall be read accordingly;
“ mine rehabilitation plan ” has the meaning given in section 24 (1);
“ Minister ” means Minister for Communications, Marine and Natural Resources;
“rehabilitation”, in relation to a mine, means the treatment of the land affected by a mine in such a way as to restore the land to a satisfactory state, with particular regard to soil quality, wildlife, natural habitats, freshwater systems, landscaping and appropriate beneficial uses.
num: 24
paragraphs: — (1) Where the Minister or a local authority is of the opinion that, in respect of the site of a former mine, the rehabilitation of the site─
(a) is wholly or mainly necessary for the purpose of public or animal health or safety, for the protection of the environment or is otherwise in the public interest, and
(b) it is not feasible to expect that the site will otherwise be rehabilitated within a reasonable time having regard to paragraph (a),
then the Minister, a local authority as agent of the Minister under section 26 or a local authority acting on its own behalf with the consent of the Minister─
(i) may prepare a plan for the long-term rehabilitation of the site (“ mine rehabilitation plan ”), and
(ii) may implement the mine rehabilitation plan.
(2) A mine rehabilitation plan, whether or not implemented, may be revised from time to time—
(a) by a local authority acting as agent of the Minister under section 26 (1),
(b) by the local authority concerned with the consent of the Minister,
(c) in any other case, by the Minister.
(3) Nothing in this section shall be read as affecting any obligations of—
(a) the person who operated the mine, or
(b) the owner or occupier of the site of the former mine in respect of the former mine, or
(c) any other person who otherwise has obligations in respect of the site of the former mine.
(4) In preparing a mine rehabilitation plan, the Minister or a local authority (as the case may be) shall consult with the each of the following, if reasonably ascertainable:
(a) the owner or occupier of the site of the former mine;
(b) the owner or occupier of any land which is affected by the site of the former mine or over which access to the site might be required;
(c) any other person who may have obligations in respect of the site of the former mine,
and may consult such any other person, including any group or association of persons, as the Minister or the local authority (as the case may be) considers appropriate in the circumstances.
(5) In revising a mine rehabilitation plan, the Minister or a local authority (as the case may be) shall, where appropriate, consult with each of the persons referred to in subsection (4).
(6) Nothing in this Part shall be read as requiring the Minister or a local authority (as the case may be) to implement a plan prepared under this section.
num: 25
paragraphs: — (1) For the purposes of─
(a) a mine rehabilitation plan, or
(b) a mine rehabilitation plan which forms part of a project under section 46 (which relates to advances by the Minister for the purpose of marine or natural resource based tourism or heritage projects) of the Merchant Shipping (Investigation of Marine Casualties) Act 2000 ,
the Minister may, with the consent of the Minister for Finance, from time to time advance to a person (including a local authority acting on its own behalf or as agent of the Minister) out of monies provided by the Oireachtas such sums, by way of grant or loan (where appropriate), as the Minister may determine and upon such terms and conditions as he or she considers necessary.
(2) Where before the passing of this Act a local authority undertook work as an agent for the Minister in respect of the site of a former mine, which work was undertaken in accordance with a project similar in nature to a mine rehabilitation plan, then such work shall, for the purposes of subsection (1), be deemed to be work under a mine rehabilitation plan.
num: 26
paragraphs: — (1) A local authority may be appointed by the Minister as agent of the Minister to do one or more of the following:
(a) prepare a mine rehabilitation plan;
(b) revise a mine rehabilitation plan; or
(c) carry out a mine rehabilitation plan,
on such terms and conditions as the Minister may decide.
(2) After consultation with the Minister for the Environment, Heritage and Local Government, the Minister may appoint a local authority to discharge functions under this section in respect of so much of the site of a former mine which is within the local authority’s functional area.
(3) Nothing in subsection (2) shall be read as affecting any appointment, made by the Minister before the passing of this Act, of a local authority as agent of the Minister to carry out a project similar in nature to a mine rehabilitation plan.
num: 27
paragraphs: — (1) For the purpose of deciding whether or not to prepare, revise or implement a mine rehabilitation plan in respect of the site of a former mine or in preparing, revising or implementing such a plan, the Minister, a local authority acting as agent of the Minister or a local authority acting on its own behalf (as the case may be) has—
(a) at all reasonable times a right of entry and a right of way to the site of the former mine, subject to—
(i) except in cases of urgency, advance notice to the owner or occupier (in so far as such owner or occupier can reasonably be ascertained), and
(ii) if requested, the payment of compensation of an amount for any loss or expenditure incurred by the owner or occupier of any land affected by the exercise of the right of entry and the right of way by the Minister or the local authority concerned, but only to the extent that it is just and equitable in the circumstances after having had regard to─
(I) any improvement in the land to the benefit of the owner or occupier as a consequence of the mine rehabilitation plan,
(II) any obligation that the owner or occupier of the land concerned has in respect of the site of the former mine,
and
(b) all such powers as may be necessary or expedient for or incidental to its functions in relation to a mine rehabilitation plan.
(2) Where─
(a) before the passing of this Act a project, similar in nature to a mine rehabilitation plan, was commenced in respect of the site of a former mine by a local authority, whether acting as agent for the Minister or otherwise, and
(b) the project continues to be implemented or, having been implemented, the site or any part of it requires monitoring for the purposes set out in section 24 (1)(a),
then paragraphs (a) and (b) of subsection (1) shall apply in respect of the site.
(3) (a) The functions of the Minister or a local authority under this section may be exercised by one or more persons on behalf of the Minister or the local authority.
(b) The owner or occupier of land to which subsection (1) relates may request evidence of identity in respect of a person exercising functions pursuant to paragraph (a).
(c) For the purposes of paragraph (b), evidence of identity may be proved in one of the following ways:
(i) if the person is an officer or employee of the Minister or the local authority, an identity card or such other document issued by or on behalf of the Minister or the local authority which identifies that person as an officer or employee (however expressed) of the Minister or the local authority, as the case may be;
(ii) in any other case─
(I) where a notice to which subsection (1)(a)(i) relates is given in writing and identifies the person given the power of entry, sufficient evidence to identify that person or that the person to whom the evidence relates is an officer or employee (however expressed), or is acting as an agent, of the person given the power of entry, or
(II) evidence in writing from or on behalf of the Minister or from the local authority that the person has been given the power of entry, together with sufficient evidence to identify that person or that the person to whom the evidence relates is an officer or employee (however expressed), or is acting as an agent, of the person given the power of entry.
num: 28
paragraphs: — (1) In connection with the implementation of any mine rehabilitation plan, the Minister may, with the consent of the Minister for Finance, do either or both of the following:
(a) purchase by agreement such lands, or rights in, under or over such lands or any substratum of such lands, as the Minister considers necessary or expedient for the purposes of that plan;
(b) by order acquire compulsorily lands, or rights in, under or over lands or any substratum of lands, that are specified in an order made under subsection (2).
(2) (a) If for the purposes of any mine rehabilitation plan the Minister thinks it necessary or expedient to acquire compulsorily any land, or rights in, under or over land or any substratum of land, then the Minister may, with the consent of the Minister for Finance, by order declare his or her intention to so acquire such land or rights. Every such order shall operate to confer on the Minister power to acquire compulsorily in accordance with this section the land or rights concerned.
(b) Before making an order under this subsection, the Minister shall—
(i) deposit and keep open for inspection at some suitable place (public notice of which shall be given) such plans, specifications and other documents as will show fully and clearly the land or rights intended to be acquired by virtue of the order,
(ii) give notice, in such manner as he or she may consider best adapted for informing persons likely to be affected by the order, of his or her intention to consider the making of the order and of the manner in which representations and objections in respect of the order may be made, and
(iii) if he or she considers it expedient so to do, cause a public inquiry to be held in regard to the making of the order.
(3) (a) Where, immediately before an order is made by the Minister under this section, any person has any estate, right, easement, title or other interest in, over or in respect of the land acquired by the order, the person may apply to the Minister at any time after the making of the order for compensation in respect of that interest and the Minister shall, subject to subsection (4), thereupon pay to the person by way of compensation an amount equal to the value (if any), on the date of the order, of that interest together with interest at such rate as the Minister, with the consent of the Minister for Finance, may determine from time to time, on the amount from that date to the date of payment thereof.
(b) The compensation to be paid under this paragraph in respect of any estate, right, easement, title or interest of any kind in, over or in respect of land shall, in default of agreement, be determined by arbitration under and in accordance with the Acquisition of Land (Assessment of Compensation) Act 1919 .
(4) (a) The Minister may by regulations, in such cases (if any) and to such extent as he or she considers necessary for the purposes of compulsory acquisition under this section, apply all or any of the provisions of sections 69 to 83 of the Lands Clauses Consolidation Act 1845 as if─
(i) such compensation were purchase money or compensation under that Act, and
(ii) the Minister was the promoter of the undertaking,
together with any other necessary modifications.
(b) Where money is paid into court under section 69 of the Lands Clauses Consolidation Act 1845 , as applied by the Minister under this subsection, no costs shall be payable by the Minister to any person in respect of any proceedings for the investment, payment of income or payment of capital of such money.
(5) The following applies to any public inquiry held under this section:
(a) the Minister shall appoint a fit and proper person to hold the inquiry;
(b) such person is hereby authorised to administer oaths to persons appearing as witnesses at the inquiry; and
(c) any person with an interest in or affected by the subject matter of the inquiry shall be entitled to appear personally or by counsel or solicitor and to adduce evidence.
(6) Nothing in this section shall be read as restricting the powers of a local authority to compulsorily acquire the site of a former mine, or any part of such site, under the Derelict Sites Act 1990 or under any other enactment.
num: 29
paragraphs: — Any expenditure incurred under this Part by the Minister or a local authority in the rehabilitation of the site of a former mine may, where considered appropriate in the circumstances, be recovered by the Minister or the local authority (as the case may be) against any person with a contractual or other enforceable obligation to rehabilitate that site to the extent of that person’s obligation to rehabilitate the mine.
num: 30
paragraphs: — (1) This Part is in addition to, and not in substitution or restrictive of, any other requirement or obligation imposed by law.
(2) Nothing in subsection (1) or in any other act or in any instrument made under an act shall be read so as to restrict the exercise of functions under this Part.