Gas Act , 1976

PART I Preliminary and General

1. Short title and commencement.

(2)This Act, other than this section and sections 2, 3, 6, 34, 35, 36 and 44, shall come into force on the establishment day.

2. Interpretation.

“the Act of 1960” means the Petroleum and Other Minerals Development Act, 1960, as extended by section 4 (2) of the Continental Shelf Act, 1968;

F2["Act of 2014" means the Companies Act 2014;]

“the Board” means the body established by section 7;

F3[“the Commission”means the Commission for Energy Regulation;]

“the Company” means Bord Gáis Éireann Teoranta;

F4[“customer”means a wholesale or final customer of natural gas and natural gas undertakings who purchases natural gas;]

F5[“Department”means the Department of the Environment, Climate and Communications;]

F6[“designated area”has the same meaning as it has in the Maritime Jurisdiction Act 2021;]

“deviation limits” has the meaning assigned to it by Article 1 of the Second Schedule;

F5[“effects on the environment”includes, in relation to a proposed pipeline, the effects of the construction and operation of that pipeline on the environment;]

F5[“EIA Directive”means Directive 2011/92/EU of the European Union and of the Council of 13 December 2011^1, as amended by Directive 2014/52/EU of the European Parliament and of the Council of 16 April 2014^2;]

F5[“Environmental Assessment Unit”has the meaning assigned to it by section 40C;]

F5[“environmental impact assessment”, in relation to a pipeline which is the subject of application for consent under section 39A(1) or 40(1), means a process in respect of the construction and operation of the pipeline—

(a) consisting of—

(i) the preparation of an environmental impact assessment report in accordance with section 40A(1)(f),

(ii) the carrying out of consultation in accordance with section 40A(2) and, where relevant, section 40A(7),

(iii) the examination by the Commission or the Environmental Assessment Unit, as the case may be, of—

(I) the information presented in the environmental impact assessment report,

(II) any additional information provided in accordance with section 40A(5)(b), and

(III) any relevant information received through consultation under section 40A(2) and, where relevant, under section 40A(7),

(iv) the reaching by the Commission or the Environmental Assessment Unit, as the case may be, of a reasoned conclusion in accordance with section 40B(5) on the significant effects on the environment of the proposed pipeline, taking into account the results of the examination referred to in subparagraph (iii) and, where appropriate, its own supplementary examination, and

(v) the integration by the Commission or the Minister, as the case may be, of the reasoned conclusion referred to in subparagraph (iv) into the decision made by the Commission or the Minister, as the case may be, under section 39A(1) or 40(1), as the case may be,

and

(b) including an examination, analysis and evaluation by the Commission or the Environmental Assessment Unit, as the case may be, under section 40B (5) to identify, describe and assess the direct and indirect significant effects on the environment of the proposed pipeline, including the expected significant effects derived from the vulnerability of the proposed pipeline to risks of major accidents and disasters relevant to it, on—

(i) population and human health,

(ii) biodiversity, with particular attention to species and habitats protected under Council Directive 92/43/EEC of 21 May 1992^3and Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009^10,

(iii) land, soil, water, air and climate,

(iv) material assets, cultural heritage and the landscape, and

(v) the interaction between the factors mentioned in subparagraphs (i) to (iv);]

F5[“environmental impact assessment report”shall be construed in accordance with section 40A(1)(f);]

“the establishment day” means the day appointed by the Minister pursuant to section 3;

“exploration licence” has the meaning assigned to it by section 8 of the Act of 1960;

F7[“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;]

“functions” includes powers and duties;

F7[“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 Iarnród Éireann – Irish Rail, that company,

(f) in the case of any other harbour, the owner;]

F8[“industrial customer”means large industrial and commercial customers with a peak hourly demand greater than 50 Megawatt and a connection pressure of 16 barg or above;]

F9[“interconnector”, in relation to natural gas, means a natural gas transmission line—

(a) which crosses or spans a border between Member States for the purpose of connecting the national transmission systems of those States, or

(b) between a Member State and a third country up to—

(i) the territory of that Member State, or

(ii) the territorial seas of that Member State;]

F10[…]

“land” includes seashore, land covered with water and foreshore other than foreshore which is the property of the State;

F11[“LNG”means liquefied natural gas;]

F12[“local authority”means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);]

F13["majority-shareholding Minister" has the same meaning as it has in the Gas (Amendment) and Miscellaneous Provisions Act 2024;]

“the Minister” means the Minister for Transport and Power;

F14[“natural gas”means any gas derived from natural strata (whether or not it has been subjected to liquification or any other process or treatment) and in this Act, a reference to natural gas may also be construed as including, where the Commission considers it appropriate and where, in the opinion of the Commission, such gas may be technically and safely injected into, and transported through, the natural gas system, biogas, gas from biomass and other types of gas;]

F15[“Natural Gas Market Directive”means Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009^2as amended by Directive (EU) 2019/692 of the European Parliament and of the Council of 17 April 2019^1;]

F16[“Natural Gas Market Regulations”means European Communities (Internal Market in Natural Gas and Electricity) Regulations 2015 (S.I. No. 16 of 2015);]

“owner”, except in section 32 (7) and subject to Article 12 of the Second Schedule, in relation to land means,

(a)a person other than a mortgagee not in possession, who, whether in his own right or as trustee or agent for any other person, is entitled to receive the rack rent of the land or, where the land is not let at a rack rent, would be so entitled if it were so let,

(b)a lessee or occupier (other than a tenant for a month or a less period than a month);

“petroleum lease” has the meaning assigned to it by section 13 of the Act of 1960;

“pipeline” means a pipeline used or intended to be used for the F3[transportation] of gas and includes part of a pipeline, and, except in F17[section 8(3)(e)], includes any apparatus, equipment or other thing which is ancillary to such a pipeline;

“prescribed” means prescribed by regulations made by the Minister under this Act;

F5[“proposed pipeline”means—

(a) where an application has been made under section 39A(1) or 40(1) in respect of a pipeline, that pipeline, or

(b) where a request has been made under section 40A(1)(bb) in respect of a pipeline, that pipeline;]

F5[“relevant specified bodies”—

(a) in relation to a proposed pipeline other than an upstream pipeline, means—

(i) all local authorities in whose functional area the proposed pipeline would be situated,

(ii) the Commissioners of Public Works in Ireland,

(iii) An Taisce,

(iv) the Minister,

(v) the Minister for Agriculture, Food and the Marine,

(vi) the Minister for Housing, Local Government and Heritage,

(vii) the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media,

(viii) the Minister for Transport,

(ix) the Health and Safety Authority,

(x) the Environmental Pillar,

(xi) the Heritage Council,

(xii) Teagasc,

(xiii) Inland Fisheries Ireland,

(xiv) Inland Waterways Ireland, and

(xv) Bord Fáilte, and

(b) in relation to a proposed pipeline being an upstream pipeline, means—

(i) all local authorities contiguous to whose functional area the proposed upstream pipeline would be situated,

(ii) An Taisce,

(iii) the Minister for Agriculture, Food and the Marine,

(iv) the Minister for Housing, Local Government and Heritage,

(v) the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media,

(vi) the Minister for Transport,

(vii) the Health and Safety Authority,

(viii) the Sea-Fisheries Protection Agency,

(ix) Bord Iascaigh Mhara,

(x) the Marine Institute,

(xi) the Environmental Pillar,

(xii) the Irish Whale and Dolphin Group, and

(xiii) the Heritage Council.]

“right over land ” includes any wayleave or other easement or any profit à prendre or any right in, on or over any land;

“seashore ” means every beach, bank and cliff contiguous to the foreshore and includes all sands and rocks contiguous to the foreshore.

F4[“upstream pipeline”has the meaning assigned to it by section 2 of the Gas (Interim) (Regulation) Act, 2002;]

F18[(2) (a) A reference in this Act to an Annex is a reference to an Annex to the EIA Directive.

(b) A word or expression that is used in this Act that is also used in the EIA Directive has the same meaning in this Act as it has in the Directive.]

3. Establishment day.

4. Regulations.

(2)Every regulation made under this Act by the Minister shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

5. Service of notices, etc.

(a)where it is addressed to him by name, by delivering it to him,

(b)by leaving it at the address at which he ordinarily resides or, in a case in which an address for service has been furnished, at that address,

(c)by sending it by post in a prepaid registered letter addressed to him at the address at which he ordinarily resides or, in a case in which an address for service has been furnished, at that address,

(d)where the address at which he ordinarily resides cannot be ascertained by reasonable inquiry and the notice or copy is so required to be served in respect of any land or right over land, by delivering the notice or copy to some person over sixteen years of age resident or employed on the land concerned or by affixing it in a conspicuous position on or near such land.

(2)Where a notice is required by this Act to be served on an occupier and the name of the occupier cannot be ascertained by reasonable inquiry, it may be addressed to “ the occupier ” without naming him.

(3)For the purposes of this section, a company within the meaning of the Companies Act, 1963, shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.

6. Expenses.

PART II Bord Gáis Éireann Irish Gas Board

7. Bord Gáis Éireann Irish Gas Board.

(2)The provisions of the First Schedule to this Act shall have effect with respect to the Board.

7A. F20[Definitions.

7A.—F21[…]]

7B. F22[Power to create and issue capital stock.

7B.—F23[…]]

7C. F24[Exercise of powers by Ministers in respect of capital stock

7C.—F25[…]]

7D. F26[Conversion of capital stock into company shares.

7D.—F27[…]]

7E. F28[Arrangements relating to rights and obligations relating to capital stock.

7E.—F29[…]]

7F. F30[Power of Board to establish approved scheme.

7F.—F31[…]]

7G. F32[Payment of dividend into Exchequer.

7G.—F33[…]]

8. Functions of Board.

(b)Nothing in paragraph (a) shall be construed as imposing on the Board, either directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which it would not otherwise be subject.

(2) The Board shall carry out its obligations under this Act in accordance withF35[the Natural Gas Market Directive]and having regard to the need to ensure the safety and security of the transmission, distribution and supply of natural gas.

(3) Without prejudice to the generality of subsection (1) or to any provision of this Act apart from this section, within or outside the State, and subject to any requirements of law the Board may—

(a) transmit and distribute natural gas (whether or not such gas has been prepared, processed or treated),

(b) liquify or otherwise prepare,F36[store, transport,]process or treat natural gas,

(c) fix, make and recover charges for any service or facility provided or thing undertaken pursuant to this section by the Board, or fix and accept subscriptions for any service or facility so provided,

(d) attach such terms and conditions as the Board shall think fit to any service or facility provided by it,

(e) provide, operate or maintain,F37[…]whether for use by the Board or any other person, such pipelines, terminals, pressure-reducing stations,F36[compressor stations,]off-take stations, vessels, vehicles, works, services, facilities or other things as are necessary or expedient in relation to, or ancillary to, the provision, development or maintenance of a gas transmission system and a distribution system,

(f) provide any or all of the following services and facilities relating to the development, transmission or distribution of gas, namely, advice or assistance, research services or research or training facilities,

F36[(fa) take such measures as are appropriate to enhance or protect security of supply of natural gas, or]

(g)F37[…]

(h)F37[…]

(i)F37[…]

(j) carry on any activity which appears to the Board to be requisite, advantageous or incidental to, or which appears to the Board to facilitate, the performance by the Board of any function under this Act.

(4)F38[…]

(5)F38[…]

(6) Where the Board proposes to transfer to another person an interest in a pipeline or a part thereof that has been constructed by it pursuant to and in accordance with a consent given under this Act the Board shall obtain the prior consent of the majority-shareholding Minister, given with the approval of the Government, for such a transfer and the majority-shareholding Minister may attach such conditions as he or she deems appropriate to such a prior consent.

(7) In subsection (6)—

"interest" means any estate, right, title or other interest, legal or equitable and includes a licence;

"transfer" includes grant, demise and assign or, as appropriate, a grant, demise and an assignment.]

8A. F39[Extension of powers of Bord Gáis Éireann to effect certain commercial transactions.

8A.—(1) In this section "company" means—

(a) a company within the meaning of the Companies Act, 1963, or

(b) a body formed or established under the laws of a state other than the State and corresponding to a body referred to in paragraph (a) of this subsection.

(2) The Board may promote and take part in the formation or establishment of a company.

(3) The Board may acquire, hold and dispose of shares or other interests in a company and become a member of a company.