GAS ACT, 1976

• (ii) where relevant, the results of preliminary verifications or assessments of the effects on the environment of the proposed pipeline carried out pursuant to any Act of the Oireachtas or under European Union legislation (other than the EIA Directive), and

• (iii) where the proposed pipeline would be located on, or in, or have the potential to impact on—

• (I) a European site within the meaning of Regulation 2 of the European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011),

• (II) land designated as a natural heritage area under section 18 of the Wildlife (Amendment) Act 2000 (No. 38 of 2000),

• (III) land established or recognised as a nature reserve within the meaning of section 15 or 16 of the Wildlife Act 1976 (No. 39 of 1976), or

• (IV) land designated as a refuge for flora or as a refuge for fauna under section 17 of the Wildlife Act 1976,

the likely significant effects on the environment of the proposed pipeline on such site, area or land, as appropriate.]

• F107[(dd) Where the Commission or the Environmental Assessment Unit, as the case may be, determines that a proposed pipeline, being of a class referred to in Part 2 of Schedule 5 to the Planning and Development Regulations 2001, would be likely to have significant effects on the environment, it shall specify, with reference to the relevant criteria listed in Annex III, the main reasons for that determination.

• (de) Where the Commission or the Environmental Assessment Unit, as the case may be, determines that a proposed pipeline, being of a class referred to in Part 2 of Schedule 5 to the Planning and Development Regulations 2001, is not likely to have significant effects on the environment, it shall specify—

• (i) with reference to the relevant criteria listed in Annex III, the main reasons for that determination, and

• (ii) features of the proposed pipeline and measures (if any) proposed by the Board or the other person making the application, as the case may be, to avoid or prevent what would otherwise be significant adverse effects on the environment.

• (df) Where the Commission or the Environmental Assessment Unit, as the case may be, specifies a feature of the proposed pipeline or a measure under paragraph (de)(ii) as a feature or measure relied on in making a determination under this section that an environmental impact assessment is not required in relation to the proposed pipeline, the Commission or the Minister, as the case may be, shall attach to any consent granted in respect of that proposed pipeline, the implementation of the feature or the carrying out of the measure as an environmental condition of that consent.

• (dg) Subject to paragraph (dh), the Commission or the Environmental Assessment Unit, as the case may be, shall make its determination under paragraph (b) or (bb) as soon as possible and, in any event, subject to paragraph (dh), within 90 days from the date on which the Board or the other person making the application has submitted all the information required under paragraph (bc).

• (dh) The Commission or the Environmental Assessment Unit, as the case may be, may, in exceptional cases, including where it is justified by the nature, complexity, location or size of the proposed pipeline, extend the 90 day period referred to in paragraph (dg) in order to make its determination and, in such cases, it shall inform the Board or the other person making the application in writing of the reasons justifying the extension and of the date when its determination is expected.]

• F104[(e) The Commission or the Environmental Assessment Unit, as the case may be, shall—

• (i) (I) give written notification to the Board or the other person making the application of its determination under this section and the reasons provided under paragraph (dd) or (de), as the case may be, and

• (II) publish—

• (A) on a website maintained by it, the determination and the reasons for it, and

• (B) in a newspaper circulating in the State or locally, as it considers appropriate, a notice stating that the determination has been made, giving the reasons for that determination and identifying where information in respect of the determination can be found,

and

• (ii) where publication is made in accordance with subparagraph (i)(II)—

• (I) provide, both on the website and in the newspaper referred to in that subparagraph, information in relation to the procedure available for members of the public to review the substantive and procedural legality of the determination by way of judicial review under Order 84 of the Rules of the Superior Courts (S.I. No. 15 of 1986), and

• (II) identify, on that website and in that newspaper, where practical information on the procedure referred to in clause (I) can be found.

• (f) The Board or the other person, as the case may be, shall, when submitting an environmental impact assessment report in respect of the construction and operation of a proposed pipeline in accordance with this section, ensure that that report—

• (i) is prepared by competent experts,

• (ii) subject to paragraph (gg), contains the following information:

• (I) a description of the proposed pipeline comprising information on the site, design, size and other relevant features of the proposed pipeline;

• (II) a description of the likely significant effects on the environment of the proposed pipeline;

• (III) a description of any features of the proposed pipeline and of any measures envisaged in order to avoid, prevent or reduce and, if possible, offset likely significant adverse effects on the environment of the proposed pipeline;

• (IV) a description of the reasonable alternatives studied by the Board or the other person, as the case may be, which are relevant to the proposed pipeline and its specific characteristics, and an indication of the main reasons for the option chosen, taking into account the effects on the environment of the proposed pipeline;

• (V) a non-technical summary of the information referred to in clauses (I) to (IV);

• (VI) any additional information specified in Annex IV that is relevant to the specific characteristics of the proposed pipeline or type of proposed pipeline and to the environmental features likely to be affected,

and

• (iii) takes into account the available results of other relevant assessments carried out in respect of the proposed pipeline under European Union legislation with a view to avoiding duplication of assessments.

• (g) Where the Board or the other person, as the case may be, is required to submit an environmental impact assessment report in respect of the construction and operation of a proposed pipeline under this subsection, it may request the Commission or the Environmental Assessment Unit, as the case may be, to give it an opinion on the scope and level of detail of the information to be included in the environmental impact assessment report, and where it receives such a request, the Commission or the Environmental Assessment Unit, as the case may be, shall consult with the relevant specified bodies and, having taken into account the information provided by the Board or the other person, as the case may be, in particular on the specific characteristics of the proposed pipeline, including the location of the proposed pipeline and its technical capacity, and its likely impact on the environment, shall issue a written opinion on the scope and level of detail of the information to be included by the Board or the other person, as the case may be, in the environmental impact assessment report in accordance with paragraph (f).]

• F107[(gg) Where the Commission or the Environmental Assessment Unit, as the case may be, issues an opinion under paragraph (g), the Board or the other person to whom the opinion is issued shall—

• (i) prepare the environmental impact assessment report based on that opinion, and

• (ii) include in the report the information that may reasonably be required by the Commission or the Environmental Assessment Unit, as the case may be, for reaching a reasoned conclusion on the significant effects on the environment of the proposed pipeline, taking into account current knowledge and methods of assessment.]

• F104[(h) The issuing of an opinion under paragraph (g) shall not prejudice the exercise by the Commission or the Environmental Assessment Unit, as the case may be, of its powers under section 40A (5)(b) to require the Board or the other person to furnish it with specified additional information in relation to the likely effects on the environment of the proposed pipeline.]]

• F104[(2) Where an environmental impact assessment report has been submitted to the Commission or the Environmental Assessment Unit, as the case may be, in accordance with this section, the Board or the other person shall, as soon as may be, publish in one or more newspapers circulating in the State, or locally, as it considers appropriate, a notice—

• (a) stating that an application for consent under section 39A(1) or 40(1) has been made,

• (b) stating that the proposed pipeline, including its construction and operation, is subject to an environmental impact assessment and that section 40A(7), where relevant, is applicable,

• (bb) specifying the possible outcomes in respect of the application,

• (c) indicating that—

• (I) a copy of the application,

• (II) a copy of the opinion (if any) issued by the Commission or Environmental Assessment Unit, as the case may be, in relation to the environmental impact assessment report,

• (III) a copy of the environmental impact assessment report, and

• (IV) any other information available to the Commission or Environmental Assessment Unit, as the case may be, for the purpose of the application,

are available on the website maintained by the Commission or the Department, as the case may be, and also indicating the place where they may be inspected free of charge and copies purchased on the payment of a fee which shall not exceed the reasonable cost of making such copies,

• (d) stating the times and specifying a period, which shall not be less than 30 days in duration, during which the information referred to in subparagraph (c) may be so inspected or purchased,

• (e) stating that during a specified period, which shall not be less than 30 days in duration, submissions may be made in writing to the Commission or the Environmental Assessment Unit, as the case may be, in relation to the likely effects on the environment of the proposed pipeline,

• (f) stating that significant further information (if any) received by the Commission or the Environmental Assessment Unit, as the case may be, including information received under section 40A (5)(b), (if any), shall be published on the website maintained by the Commission or the Department, as the case may be, and will be available for inspection free of charge at the place referred to in paragraph (c) and that copies may be purchased on the payment of a fee which shall not exceed the reasonable cost of making such copies, and

• (g) stating the address or contact point to which any submissions referred to in paragraph (e) are to be sent.]

• F107[(2A) Where it is required, in accordance with subsection (1), to submit an environmental impact assessment report, the Board or the other person making an application for consent under section 39A(1) or 40(1) shall send to the Commission or the Minister, as the case may be, an electronic version of—

• (i) the notice referred to in subsection (2),

• (ii) the environmental impact assessment report submitted in accordance with this section, and

• (iii) a map of the location of the proposed pipeline in respect of which the application is made to a scale of not less than 1:1000 in relation to built-up areas and 1:2500 in relation to all other areas, or such other scale as may be agreed with the Minister for Housing, Local Government and Heritage in a particular case, and marked so as clearly to identify the proposed pipeline and any associated structure to which the application relates.

• (2B) The Commission or Environmental Assessment Unit, as the case may be, shall make an electronic version of the documents specified in subsection (2A) available to the public on its website.

• (2C) The Commission or the Environmental Assessment Unit, as the case may be, shall send to the Minister for Housing, Local Government and Heritage, in electronic form, each of the following:

• (a) the name of the applicant for consent under section 39A(1) or 40(1), as the case may be, together with a contact name, email address and telephone number for correspondence;

• (b) a description of the location of the proposed pipeline;

• (c) a description of the proposed pipeline;

• (d) notice that the application for consent has been made to the Commission or the Minister, as the case may be, and that, in respect of an application made to the Minister, the environmental impact assessment in relation to that application will be carried out by the Environmental Assessment Unit;

• (e) a map of the location of the proposed pipeline to a scale of not less than 1:1000 in relation to built-up areas and 1:2500 in relation to all other areas, or such other scale as may be agreed with the Minister for Housing, Local Government and Heritage in a particular case, and marked so as clearly to identify the proposed pipeline and any associated structure to which the application relates;

• (f) a copy of the notice referred to in subsection (2);

• (g) notification of the location where information in electronic form that relates to the application, including any determination under subsection (1)(b) or (bb), is available on the website of the Commission or the Department, as the case may be.]

• (3) Copies of the F106[environmental impact assessment report] shall be available for purchase by interested persons for a fee not exceeding the reasonable cost of making a copy.

• (4) Where an F106[environmental impact assessment report] has been submitted in accordance with a requirement of or under subsection (1) of this section, the Board or other person, as the case may be, shall, as soon as may be, furnish copies of the statement to the F109[relevant specified bodies], and shall indicate that submissions or observations may be made F110[F109[to the Commission or the Environmental Assessment Unit], as the case may be,] during F109[a specified period, which shall not be less than 30 days in duration,] in relation to the effects on the environment of the proposed pipeline.

• (5)
• F111[(a) Where an F106[environmental impact assessment report] has been submitted in accordance with a requirement of or under subsection (1) of this section, F110[F109[the Commission or the Environmental Assessment Unit], as the case may be,] shall have regard to the said statement, to any submissions or observations made to him F109[during the specified period] in relation to the effects on the environment of the proposed pipeline, and to the views, if any, furnished by other Member States of the European Communities pursuant to subsection (7) of this section.]

• F109[(b) Where an environmental impact assessment report in respect of the construction and operation of a proposed pipeline has been submitted in accordance with this section, the Commission or the Environmental Assessment Unit, as the case may be, may require the Board or the other person, as the case may be, to furnish it with specified additional information in accordance with Annex IV which is directly relevant to reaching a reasoned conclusion on the significant effects on the environment of the proposed pipeline.

• (c) Where significant further information is received by the Commission or the Environmental Assessment Unit on foot of a requirement made under paragraph (b), the Commission or the Environmental Assessment Unit, as the case may be, shall—

• (i) publish the information on its website, together with a notice stating that during a stated period submissions or observations in relation to that further information may be made in writing to it, and

• (ii) send to each of the relevant specified bodies a copy of the information and shall inform the specified body concerned that during a stated period the body may make submissions in writing to it in relation to that information.]

• (6)
• F109[(a) The Commission or the Minister, as the case may be, may, subject to paragraph (d) and where it is satisfied that exceptional circumstances justify so doing, by order, exempt an application from the requirement to prepare an environmental impact assessment report in respect of the construction and operation of a proposed pipeline where that requirement would adversely affect the purpose of the proposed pipeline.]

• F112[(b) The Minister shall, in granting an exemption under paragraph (a) of this subsection, consider whether—

• (i) the effects, if any, of the proposed pipeline on the environment should be assessed in some other manner, and

• (ii) the information collected in the course of such assessment should be made available to members of the public,

and he may, by order, apply such requirements regarding these matters in relation to the application or notice, or the proposed application or notice, as the case may be, as he considers necessary or appropriate.

• (c) Notice of any exemption granted under paragraph (a) of this subsection, of the reasons for granting such exemption and of any requirements applied under paragraph (b) of this subsection shall, as soon as may be,—

• (i) be published in the Iris Oifigiuil and in one or more newspapers circulating in the area of the proposed pipeline, and

• (ii) be given, together with a copy of the information, if any, made available to members of the public in accordance with the said paragraph (b), to the Commission of the European Communities.]

• F113[(d) An exemption shall not be granted under paragraph (a) of this subsection in respect of an application or notice or a proposed application or notice relating to a proposed pipeline if another Member State of the European Communities, having been informed pursuant to subsection (7) of this section about the proposed pipeline and its likely effects on the environment in that State, has indicated that it intends to furnish views on the said effects.]

• F114[(7)
• (a) Where the Minister considers that a proposed pipeline, which is the subject of an F106[environmental impact assessment report] in accordance with a requirement of or under subsection (1) of this section, would be likely to have significant effects on the environment in another Member State of the European Communities or a state which is party to the Transboundary Convention or where the other state concerned considers that the said pipeline would be likely to have the said effects and so requests, he or she shall, as soon as possible, send to that state—

• (i) a description of the proposed pipeline and any available information on its possible effects on the environment in that state, and

• (ii) information on the nature of the decision which may be taken,

and shall give that state a reasonable time to indicate whether it wishes to furnish views on the said effects.

• (b) Where a Member State of the European Communities or a state which is party to the Transboundary Convention which has received information pursuant to paragraph (a) of this subsection indicates that it wishes to furnish views on the likely effects on the environment of the proposed pipeline, the Minister shall, if he or she has not already done so, send to that state—

• (i) a copy of the F106[environmental impact assessment report], and

• (ii) relevant information about the procedure for making a decision on the application or notice concerned.

• (c) The Minister shall enter into consultations with a Member State of the European Communities or a state which is party to the Transboundary Convention to which information was sent pursuant to paragraph (b) of this subsection regarding the potential effects of the proposed pipeline on the environment in that state and the measures envisaged to reduce or eliminate such effects.

• (d) The Minister shall notify a Member State of the European Communities or a state which is party to the Transboundary Convention to which information was sent pursuant to paragraph (b) of this subsection of his or her decision on the application or notice concerned.

• (e) In this section "Transboundary Convention" means the United Nations Economic Commission for Europe Convention on Environmental Impact Assessment in a Transboundary Context done at Espoo, Finland on 25 February, 1991.]

• (8) F108[…]

• (8A) F108[…]

• (9) The provisions of this section are without prejudice to F114[section 39A(6) or 40(4) of this Act].]

40B. F115[Environmental Impact Assessment.

40B. — (1) F116[…]

• (2) The Commission or the Minister shall, as part of the consideration of the application for consent made by the Board or another person, in accordance with subsection (3) ensure that before consent is given projects likely to have significant effects on the environment by virtue, inter alia, of their nature, size or location are made subject to an environmental impact assessment.

• F117[(3) An environmental impact assessment shall be carried out by the Commission or the Environmental Assessment Unit, as the case may be, in respect of an application for consent under section 39A(1) or 40(1) where the proposed pipeline concerned is—

• (a) a pipeline referred to in section 40A(1)(a), or

• (b) a pipeline, other than a pipeline referred to in section 40A(1)(a), which the Commission or the Environmental Assessment Unit has, in accordance with section 40A, determined is likely to have significant effects on the environment and has directed that that proposed pipeline is to be the subject of an environmental impact assessment.]

• F118[(3A) In carrying out an environmental impact assessment, the Commission or Environmental Assessment Unit, as the case may be, shall—

• (a) ensure that it has, or has access as necessary to, sufficient expertise to examine the environmental impact assessment report, and

• (b) where appropriate, coordinate the assessment with any assessment of the proposed pipeline under the European Communities (Birds and Natural Habitats) Regulations 2011.]

• (4) F116[…]

• F117[(5) In carrying out an environmental impact assessment under this section, the Commission or the Environmental Assessment Unit, as the case may be, shall duly take into account—

• (a) the particulars submitted with the application including the environmental impact assessment report submitted in accordance with section 40A,

• (b) any additional information furnished under section 40A (5)(b),

• (c) any submissions duly made in relation to the likely effects on the environment of the proposed pipeline, and

• (d) the views of another Member State following consultation, if any, under section 40A(7)(a),

and, having taken those matters into account, shall reach a reasoned conclusion on the significant effects on the environment of the proposed pipeline.

• (6)
• (a) The Commission having reached a reasoned conclusion under subsection (5) or, as the case may be, the Minister, having considered the reasoned conclusion reached by the Environmental Assessment Unit, and being satisfied that the reasoned conclusion remains up to date, may decide—

• (i) to grant consent under section 39A(1) or 40(1), as the case may be, subject to whatever (if any) environmental conditions (including conditions regarding monitoring measures, parameters to be monitored and the duration of monitoring) that the Commission or the Environmental Assessment Unit, as the case may be, considers necessary, to avoid, prevent or reduce, or offset significant adverse effects (if any) on the environment, or

• (ii) to refuse to grant consent under section 39A(1) or 40(1), as the case may be.

• (b) Where the Commission or the Minister, as the case may be, decides to grant consent, the Commission or the Minister, as the case may be, shall incorporate into the decision—

• (i) the reasoned conclusion, and

• (ii) any environmental conditions attached to the consent, a description of any features of the proposed pipeline or measures envisaged to avoid, prevent or reduce and, where possible, offset significant adverse effects on the environment and any appropriate monitoring measures.

• (c) The Commission or the Minister (on the recommendation of the Environmental Assessment Unit), as the case may be, shall attach to a consent granted under section 39A (1) or 40(1), as the case may be, the implementation of any feature, or the carrying out of any measure, envisaged to avoid, prevent, reduce or offset significant adverse effects on the environment, and any monitoring measure referred to in paragraph (b)(ii), as an environmental condition of that consent.

• (d) Where the Commission or the Minister, as the case may be, decides to refuse to grant consent under section 39A(1) or 40(1), as the case may be, the decision shall set out the main reasons for that decision.]

• F118[(6A) The decision of the Commission or the Minister, as the case may be, under subsection (6) shall be made as soon as possible and, in any case, not later than eighteen weeks after—

• (a) the receipt of an environmental impact assessment report submitted in accordance with section 40A(1),

• (b) the receipt of any further information provided by the applicant in accordance with section 40A(5)(b), or

• (c) the expiry of the period specified in a notice issued under section 40A(5)(c) for receipt of submissions or observations in relation to further information provided by the applicant in accordance with section 40A(5)(b), whichever is the later.]

• (7) In carrying out the consideration and the environmental impact assessment of the application, the Commission or the F117[the Environmental Assessment Unit] may have regard to, and adopt in whole or in part, any reports prepared by officers of the F117[the Environmental Assessment Unit] or the Commission, as the case may be, or by consultants, experts or other advisors.

• F118[(7A) The Commission or the Minister, as the case may be, shall promptly notify the Board or other person of the decision made in accordance with subsection (6).

• (7B) The notification referred to in subsection (7A) shall state the reasons for the decision to which that notification relates.]

• F117[(8) The Commission or the Minister, as the case may be, having made a decision in accordance with subsection (6), shall—

• (a) promptly publish—

• (i) in one or more newspapers circulating in the State or locally, as the Commission or the Minister, as the case may be, considers appropriate, a notice—

• (I) stating that a decision in accordance with subsection (6) has been made,

• (II) stating whether or not an environmental impact assessment or appropriate assessment, or both, were carried out,

• (III) stating that a copy of the decision is available for inspection during specified hours, at a specified place, for a stated period of time, and in electronic form on the website of the Commission or the Department, as the case may be, and

• (IV) stating that the decision may be subject to judicial review and providing information as to where practical information concerning the procedures in that regard may be found, and

• (ii) on its website, the following:

• (I) the decision;

• (II) the main reasons and considerations on which the decision is based, including—

• (A) information about the public participation process,

• (B) a summary of the results of the consultations and the information gathered pursuant to section 40A and this section (in particular, where a copy of the environmental impact assessment report was sent in accordance with section 40A(7) the result of consultations and the information gathered under that subsection), and

• (C) a description of how the results referred to in subclause (B) have been incorporated or otherwise addressed;

• (III) where the decision is to grant consent, where the consent is subject to environmental conditions (including conditions regarding monitoring measures, parameters to be monitored and the duration of monitoring), particulars of those conditions,

• (IV) a statement that a copy of the decision is available for inspection during specified hours, at a specified place, for a stated period of time, and

• (V) a statement that the decision may be subject to judicial review together with information as to where practical information concerning the procedures in that regard may be found,

• (b) forward to each of the relevant specified bodies a copy of the decision, and

• (c) where a copy of the environmental impact assessment report was sent in accordance with section 40A(7), forward to the relevant state a copy of the decision.]]

49C. F119[Environmental Assessment Unit

40C. — (1) (a) The Environmental Assessment Unit means the administrative unit within the Department commonly known by that name.

• (b) In addition to performing the functions conferred on it elsewhere in this Act, and including for the purpose of co-ordinating any assessment by it of a proposed pipeline for the purposes of the EIA Directive or this Act with any assessment of that pipeline required under Regulation 42 of the European Communities (Birds and Natural Habitats) Regulations 2011, the Environmental Assessment Unit shall, in respect of that proposed pipeline, perform the functions of the Minister (including the functions of the Minister as a public authority under those Regulations) in relation to any screening for appropriate assessment or appropriate assessment required under those Regulations.

• (2) The Environmental Assessment Unit shall be objective in the performance by it of the functions referred to in subsection (1).

• (3) The Environmental Assessment Unit shall, for the purpose of the performance by it of the functions referred to in subsection (1), consult with such independent persons, with relevant expertise, as it considers appropriate.

• (4) A person referred to in subsection (3) shall, at the request of the Environmental Assessment Unit in that behalf, provide advice, and where appropriate, make recommendations, to the Environmental Assessment Unit in relation to the performance by it of the functions referred to in subsection (1) and may, for the purpose of providing such advice or making such recommendations or otherwise assisting the Environmental Assessment Unit in the performance of the functions under this Act, issue such reports, as it considers appropriate, to the Environmental Assessment Unit.

• (5) The Environmental Assessment Unit shall, in the performance of the functions referred to in subsection (1), have regard to any advice given to it in accordance with subsection (4) and, where a report or recommendations are issued to it in accordance with that subsection, it may adopt the report or follow such recommendations, or both, and where it decides to adopt the report or to follow any recommendations, or both, it may, for stated reasons, do so in whole or in part, with or without modification, where it considers it appropriate to do so.]

40D. F120[Compliance with environmental conditions, enforcement etc.

40D. — (1) Where the Commission or the Minister, as the case may be, grants consent under section 39A or 40, the Board or the other person to whom the consent has been granted shall comply with the environmental conditions (including conditions regarding monitoring measures, parameters to be monitored and the duration of monitoring), (if any), attached under section 40A (1)(df) or section 40B(6).

• (2) It shall be an offence for the Board or the other person to whom the consent has been granted to fail to comply with subsection (1).

• (3) Where the Board or the other person to whom the consent has been granted, as the case may be, commits an offence under subsection (2), it shall be liable—

• (a) on summary conviction, to a class A fine, or

• (b) on conviction on indictment to a fine not exceeding Eur 500,000.]

40E. F121[Monitoring etc. by Commission, Environmental Assessment Unit, provision of information concerning compliance with environmental conditions etc

40E. — (1) The Commission or the Environmental Assessment Unit, as the case may be, shall take all reasonable steps to ensure that the Board or the other person, as the case may be, to whom consent under section 39A or 40 has been granted complies with any environmental conditions (including conditions regarding monitoring measures, parameters to be monitored and the duration of monitoring) attached to the consent under section 40A(1)(df) or section 40B(6).

• (2) The Commission or the Environmental Assessment Unit, as the case may be, shall carry out, or cause to be carried out, monitoring of compliance with environmental conditions attached under section 40A(1)(df) or section 40B(6).

• (3) The Commission or the Environmental Assessment Unit, as the case may be, may request a person to whom consent under section 39A or 40 has been granted to furnish, within a stated period, specified information in relation to the compliance by that person with any environmental conditions attached to the consent, in accordance with section 40A (1)(df) or section 40B(6).

• (4) A person that fails to comply with a request under subsection (3) shall be guilty of an offence and shall be liable—

• (a) on summary conviction, to a class A fine or to imprisonment for any term not exceeding 6 months or, at the discretion of the court, to both such fine and such imprisonment, or

• (b) on conviction on indictment, to a fine not exceeding Eur 500,000 or to imprisonment for a term not exceeding 3 years or, at the discretion of the court, to both such fine and such imprisonment.

• (5) A person that, in response to a request under subsection (3), provides information or makes a statement knowing that information or statement to be false or misleading in a material respect shall be guilty of an offence and shall be liable—

• (a) on summary conviction, to a class A fine or to imprisonment for any term not exceeding 6 months or, at the discretion of the court, to both such fine and such imprisonment, or

• (b) on conviction on indictment, to a fine not exceeding Eur 500,000 or to imprisonment for a term not exceeding 3 years or, at the discretion of the court, to both such fine and such imprisonment.]

40F. F122[Power to direct action to ensure compliance with condition

40F. — (1) The Commission or the Environmental Assessment Unit, as the case may be, having made, or having had made on its behalf, a request for information under section 40E, and having considered any information furnished to it as a result of the making of the request or that has otherwise come into its possession, may issue to the person to whom consent under section 39A or 40, as the case may be, was granted, the terms of a direction (in this section referred to as “the proposed direction”) that the Commission or the Environmental Assessment Unit, as the case may be, proposes to issue to the person requiring the person to carry out, cause to be carried out, or arrange for the carrying out, within a specified period, such action as the Commission or the Environmental Assessment Unit, as the case may be, considers necessary to ensure that the person complies with the environmental conditions attached to the consent.

• (2) The proposed direction shall specify a period within which the person may make observations to the Commission or the Environmental Assessment Unit, as the case may be, in relation to the proposal to make the direction and the person may make such observations within that period accordingly.

• (3) After the expiration of the period referred to in subsection (2) and having considered any observations made by the person under that subsection, the Commission or the Environmental Assessment Unit, as the case may be, may decide to confirm, with or without modification, or decide not to confirm, the proposed direction and, in a case where the proposed direction is confirmed, the Commission or the Environmental Assessment Unit, as the case may be, shall issue to the person the direction concerned and the person shall comply with the direction within the period specified in the direction.

• (4) A person who fails to comply with a direction under subsection (3) shall be guilty of an offence and shall be liable—

• (a) on summary conviction, to a class A fine or to imprisonment for any term not exceeding 6 months or, at the discretion of the court, to both such fine and such imprisonment, or

• (b) on conviction on indictment, to a fine not exceeding Eur 500,000 or to imprisonment for a term not exceeding 3 years or, at the discretion of the court, to both such fine and such imprisonment.

• (5) In imposing any penalty under subsection (4), the Court shall, have regard to the risk or extent of damage to the environment and any remediation required arising from the act or omission constituting the offence.]

40G. F123[Offence - furnishing of information, making statement etc

40G. — (1) (a) A person who, in relation to an application for consent under section 39A or 40 where the Commission or the Environmental Assessment Unit, as the case may be, is making a determination under section 40A or is carrying out an environmental impact assessment under section 40B, provides information or makes a statement—

• (i) in relation to the application,

• (ii) for the purposes of enabling the determination be made, or

• (iii) in relation to the carrying out of the assessment,

knowing that information or statement to be false or misleading in a material respect, shall be guilty of an offence.

• (b) A person who, in response to a request for information under section 40B(5), provides information or makes a statement in relation to the request knowing that information or statement to be false or misleading in a material respect, shall be guilty of an offence.

• (2) A person guilty of an offence under subsection (1) shall be liable—

• (a) on summary conviction, to a class A fine or to imprisonment for any term not exceeding 6 months or, at the discretion of the court, to both such fine and such imprisonment, or

• (b) on conviction on indictment, to a fine not exceeding Eur 500,000 or to imprisonment for a term not exceeding 3 years or, at the discretion of the court, to both such fine and such imprisonment.]

40H. F124[Offence by body corporate

40H. —(1) Where an offence under any of sections 40D to 40G is committed by a body corporate and it is proved that the offence was committed with the consent or connivance, or was attributable to any wilful neglect, of a person who was a director, manager, secretary or other officer of the body corporate, or a person purporting to act in that capacity, that person, as well as the body corporate, shall be guilty of an offence and may be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

• (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.]

40I. F125[Appointment of authorised officers

40I. — (1) (a) The Minister, on the recommendation of the Environmental Assessment Unit, or the Commission (without prejudice to the powers conferred on it by or under any other Act of the Oireachtas), as the case may be, may appoint such and so many persons as the Minister or the Commission, as the case may be, thinks fit to be authorised officers for the purposes of this Act.

• (b) A person appointed to be an authorised officer under this section shall be objective in the performance of his or her functions under this Act.

• (2) An authorised officer shall be furnished with a warrant of his or her appointment and shall, when exercising any power conferred on him or her under this Act, if requested by a person affected, provide evidence to the person of his or her appointment as an authorised officer.

• (3) An appointment under this section shall cease when—

• (i) the Minister, on the recommendation of the Environmental Assessment Unit, or the Commission, as the case may be, revokes it,

• (ii) where the person ceases to be an officer or agent of the Department or the Commission, as the case may be, or

• (iii) where the appointment is for a fixed period, on the expiry of that period.

• (4) An authorised officer shall, for the purposes of sections 40D to 40G have power to do any one or more of the following:

• (a) subject to subsection (7), at all reasonable times enter, inspect, examine and search any place where the authorised officer has reasonable grounds for believing that any environmental condition attached to a consent in accordance with section 40B(6) has not been, or is not being, complied with and may for this purpose bring with him or her such other person, including a member of the Garda Síochána, or equipment, as he or she considers appropriate;

• (b) while in or at the place referred to in paragraph (a), may inquire into, search, examine and inspect—

• (i) any activity, installation, process, procedure or matter at that place,

• (ii) any plant or vehicle at that place, and

• (iii) any records relating to any of the foregoing matters,

and may require the person in charge to—

• (I) be present during the examination or inspection or to furnish such records, or both, or

• (II) procure the attendance of any person whose attendance is within the power of the person in charge to procure, as the authorised officer may require to be in attendance during that examination or inspection, or to procure the furnishing of such records by such person;

• (c) take, without payment, samples of anything found at or near that place or on those lands for the purpose of tests, analysis or examination;

• (d) inspect and take copies of or extracts from any such records or any electronic information system at that place, including in the case of information in a non- legible form, copies of or extracts from such information in a permanent legible form or require that such copies be provided;

• (e) remove from that place and retain such records (including documents stored in a non-legible form) and copies taken and detain the records for such period as the authorised officer reasonably considers to be necessary for further examination or until the conclusion of any legal proceedings;

• (f) where appropriate, install, use and maintain at a place referred to in subparagraph (a) monitoring instruments or systems or take any measurements or photographs or make any tape, electronic or other recordings that the authorised officer considers necessary for the purposes of any search, examination, inspection or inquiry under this section.

• (5) An authorised officer shall not, other than with the consent of the occupier, enter a private dwelling unless he or she has obtained a warrant from the District Court under paragraph (7) authorising such entry.

• (6) Where an authorised officer in the exercise of his or her powers under this section is prevented from entering any place or lands, an application may be made to the District Court under subsection (7) for a warrant authorising such entry.

• (7) If a judge of the District Court is satisfied on the sworn information of an authorised officer that there are reasonable grounds for suspecting that there is information or records required by an authorised officer under this section held in any place or any part thereof or that there is anything at any place or in any part thereof which an authorised officer requires to inspect for the purposes of this Act and that any such inspection is likely to disclose, evidence of a contravention of section 40D, 40E, 40F or 40G, the judge may issue a warrant authorising an authorised officer, accompanied by such other authorised officer, a member of the Garda Síochána or such other person as may be appropriate, at any time or times, within one month from the date of issue of the warrant, on production of the warrant if requested, to enter the place or lands, if necessary by the use of reasonable force, and perform the functions conferred on an authorised officer by or under this Act.

• (8) An application under subsection (7) shall be made to the judge of the District Court in whose district the lands or place is situated.

• (9) A person shall not—

• (a) interfere with an authorised officer, a member of the Garda Síochána or other person in the exercise of the powers conferred on him or her under this section or a warrant under subsection (7),

• (b) without reasonable excuse fail or refuse to comply with a request from or a requirement of or to answer a question asked by an authorised officer pursuant to a power conferred by this Act, or

• (c) make a statement or give information to an authorised officer that the person knows to be false or misleading in a material respect.

• (10) A person who contravenes subsection (9) shall be guilty of an offence and shall be liable—

• (a) on summary conviction, to a class A fine or to imprisonment for any term not exceeding 6 months or, at the discretion of the court, to both such fine and such imprisonment, or

• (b) on conviction on indictment, to a fine not exceeding Eur 500,000 or to imprisonment for a term not exceeding 3 years or, at the discretion of the court, to both such fine and such imprisonment.

• (11) In this section—

“person in charge” means, in relation to a place, any of the following:

• (a) the owner;

• (b) the person under whose direction and control the activities at that place are being conducted;

• (c) the person whom the authorised officer has reasonable grounds for believing is in control of that place;

“place” means any structure, premises, land or other location (including the sea) or part of such place and includes any container, railway wagon, vessel, aircraft, motor or other vehicle;

“records” includes any memorandum, book, report, statement, register, plan, chart, map, drawing, specification, diagram, pictorial or graphic work or other document any photograph, film or recording (whether of sound or images or both),any form in which data (within the meaning of the Data Protection Acts 1988 to 2018) are held, any form (including machine readable form) or thing in which information is held or stored manually, mechanically or electronically, and anything that is a part or copy, in any form, of any of, or any combination of, the foregoing.]

40J. F126[Recovery of costs, expenses

40J. —Where a person is convicted of an offence under any of sections 40D to 40I, the court shall, unless it is satisfied that there are special and substantial reasons for not doing so, order the person to pay to the Minister or the Commission, as the case may be, the costs and expenses, measured by the court, incurred by the Minister or the Commission, as the case may be, in relation to the investigation, detection and prosecution of the offence.]

F127[Summary proceedings

40K. —Summary proceedings in relation to an offence under any of sections 40D to 40I, insofar as the offence relates to the construction or operation of an upstream pipeline, may be brought and prosecuted by an authorised officer appointed by the Minister under section 40I.]

41. Savers.

41. — (1) Nothing in this Act shall be construed as enabling the Board to interfere in any manner without the consent of the Minister for Industry and Commerce with State minerals within the meaning of the Minerals Development Act, 1940, other than sand, gravel or clay.

• (2) Nothing in this Act shall be construed as affecting the operation of the Act of 1960 or the Continental Shelf Act, 1968, or as authorising the disregard by the Board of any other enactment or of any rule of law.

PART VI Amendments

42. Section 89 of Local Government (Planning and Development) Act, 1963, not to apply to certain pipelines.

42. — (1) Section 89 of the Local Government (Planning and Development) Act, 1963, shall not apply as regards either the construction or maintenance of a pipeline to which this section applies.

• (2) This section applies to any pipeline which—

• (a) is provided by the Board (whether for use by itself or by another person), or

• F130[(b) is a pipeline as regards which a condition has been attached—

• (i) by the Commission under section 39A(4) to a consent in respect of the pipeline, not being an upstream pipeline, or

• (ii) by the Minister for the Marine and Natural Resources under section 40(3) to a consent in respect of the pipeline, being an upstream pipeline.]

43. Amendment of section 72 of Registration of Title Act, 1964.

43. — Section 72 of the Registration of Title Act, 1964, is hereby amended by—

• (a) the insertion after paragraph (h) of subsection (1) of the following paragraph;

• “(hh) any wayleave which is a wayleave to which this section applies;”, and

• (b) the insertion after subsection (3) of the following subsection:

• “(4) This section applies to any wayleave on, over or beneath the surface of land which—

  • (a) pursuant to an agreement in writing is granted to or by The Irish Gas Board, or pursuant to an acquisition order within the meaning of the Gas Act, 1976, is granted to that Board, and

  • (b) is intended to be used, or is used, in providing a pipeline for the transmission of gas, and

  • (c) in case the wayleave is granted under such an agreement, under the agreement it is to be enforceable against persons deriving title to the land under a party to the agreement.”

44. Amendment of section 1 of Fuels (Control of Supplies) Act, 1971.

44. — The definition of “ fuels ” in section 1 of the Fuels (Control of Supplies) Act, 1971, is hereby amended by the insertion of “ natural gas, ” before “town gas,” and the said definition, as so amended, is set out in the Table to this section.

TABLE

“ fuels ” includes petroleum oils, coal, peat, natural gas, town gas, electricity and firewood.

FIRST SCHEDULE IRISH GAS BOARD

Section 7.

F131[…]

SECOND SCHEDULE ACQUISITION ORDERS

Section 32.

• (a) a draft of the order applied for,

• (b) such plan or plans, specifications and other documents as will show clearly the situation and area of the land to which the order sought is to apply, whether in relation to a right over the land or in relation to any other estate or interest in the land, and in case such right over or interest in the land or in any part thereof is proposed to be acquired for the purpose of enabling a pipeline to be laid, the following additional provisions shall apply, namely;

• (i) the said documents may show a strip of land (in this Article referred to as the “corridor”) in, on or over which it is proposed by the Board to construct the pipeline,

• (ii) the said documents may show and separately distinguish and delineate the limits (in this Act referred to as the “deviation limits”) within which the Board consider it may be necessary in providing such pipeline to construct it outside the corridor or to execute works outside the corridor,

• (c) a statement of the nature of the estate or interest in such land or the right over land which the Board seeks to acquire by virtue of the order, and

• (d) a book of reference specifying—

• (i) in case the Board propose to acquire a right over land or an interest in such a right, the person for the time being who is entitled to enjoy the right, if that person can by reasonable inquiry by the Board be ascertained,

• (ii) in case the Board proposes to acquire any interest in land, other than a right or interest mentioned in subparagraph (i) of this paragraph, the person who is the owner of the land if that person can be ascertained by such inquiry, and

• (iii) in case land is separately distinguished and delineated pursuant to paragraph (b) of this Article, the person who is the owner of the land or any part of the land within the deviation limits if that person can be ascertained by such inquiry.

• (a) deposit and keep deposited, at the place or each of the places appointed by the Minister in relation to the application for such period (being a period of not less than three weeks) as the Minister shall direct, a copy of the draft order, the plan or plans, specification and the book of reference which accompanied the application and which comply with any directions given by the Minister under Article 2 of this Schedule,

• (b) publish in such newspaper or newspapers as the Minister shall direct notice of the making of the application stating the place or places at which the application and the accompanying documents may be inspected pursuant to this Schedule during a period specified in the notice (which period shall be the period so directed) and also stating that representations and objections as regards the proposed acquisition order may be made in writing to the Minister during the said period (which representations and objections are hereby authorised to be made),

• (c) not later than two weeks before the expiration of the period so directed, serve a notice in writing containing the particulars mentioned in and complying with the requirements of paragraph (3) of this Article on any person whose name is specified in the relevant book of reference, other than an owner of land within the deviation limits, and whose address, being the address at which he ordinarily resides, can by reasonable inquiry be ascertained by the Board and—

• (i) in case the Board proposes to acquire by virtue of the order a right over land or an interest in such a right, who is for the time being either entitled to enjoy such right or interest or the owner of the land comprising the servient tenement,

• (ii) in case the Board proposes so to acquire an interest in land other than a right or interest mentioned in subparagraph (i) of this paragraph, who is the owner of the land,

• (d) (d) not later than two weeks before such expiration, send to the Commissioners of Public Works in Ireland, the Minister for Lands, the Minister for Local Government, F132[…], An Bord Pleanála and any local authority within whose functional area the land to which the application relates or any part of such land is situate, and to such other person (if any) as the Minister may, as regards the application, specify, a copy of the draft acquisition order and any plan and any other document sent to the Minister with the application.

• (2) Where land is separately distinguished and delineated pursuant to Article 1 (b) of this Schedule, the Board may within the period mentioned in paragraph (1) (a) of this Article serve on any person referred to in the relevant book of reference in relation to any such land a notice in writing containing the particulars mentioned in and complying with the requirements of paragraph (3) of this Article.

• (3) A notice referred to in paragraph (1) (c) or paragraph (2) of this Article shall state—

• (a) that an application has been made to the Minister for,

• (i) in the case of a notice referred to in the said paragraph (1) (c), an acquisition order,

• (ii) in the case of a notice referred to in the said paragraph (2), the confirmation of deviation limits,

• (b) that objections and representations may be made in writing to the Minister in relation to the application (which objections and representations are hereby authorised to be made),

• (c) the period within which such objections and representations may be so made, and

• (d) the place or places at which and the period during which the documents accompanying the application may be inspected pursuant to Article 4 of this Schedule,

and the notice shall indicate the situation of the land to which the draft order, if made, would relate and with which the person on whom the notice is served is concerned.

• (2) Fees payable under this Article shall be collected in money and be taken in such manner as the Minister for Finance may from time to time direct, and be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of that Minister, and the Public Offices Fees Act, 1879, shall not apply in respect of such fees.

• (b) Where the Minister directs an oral hearing to be conducted into an application by the Board for a compulsory acquisition order, he shall appoint a person to conduct such hearing and report to the Minister on the hearing, and the Board, and every person by whom an objection or representation to or as regards the application is made shall be entitled to appear and be heard at the hearing.

• (2) Paragraph (1) of this Article shall not apply to an application by the Board to the Minister for an acquisition order to extinguish a public right of way.

• (3)
• (a) The person appointed to conduct a hearing under this Article may summon witnesses to attend at the hearing and require any such witness to produce at the hearing any document in the witness's power or control.

• (b) Evidence given before a person appointed to conduct a hearing under this Article shall, if the person so requires, be given on oath (which the person is hereby empowered to administer) and any person who gives false evidence before such person shall be guilty of perjury and be punishable accordingly.

• (c) A summons to a witness to attend before a hearing under this Article shall be signed by the person appointed to conduct the hearing.

• (d) A witness before a hearing under this Article shall be entitled to the same immunities and privileges as if he were a witness before the High Court.

• (e) If any person—

• (i) on being duly summoned before a hearing under this Article makes default in attending, or

• (ii) being in attendance as a witness at such a hearing refuses to take an oath legally required to be taken by him, or to produce any document in his power or control legally required to be produced by him, or to answer any question to which the person conducting the hearing may legally require an answer, or

• (iii) does any thing which if the proceedings were proceedings before a court of justice having power to commit for contempt of court, would be contempt of such court,

that person shall be guilty of an offence and be liable on summary conviction to a fine not exceeding £100.

• (a) such restrictions (if any) as the Minister thinks proper and specifies in the order, and

• (b) such other terms and conditions (if any) as the Minister thinks proper and so specifies.

• (2) This Article shall not apply to any land within the deviation limits or to any right over such land.

• (2) Where an application is made by the Board to the Minister under this Article, the Board shall serve on the owner of the land (or, where appropriate, the land comprising a servient tenement) or the person entitled to enjoy the right over land, to which the application relates a notice stating—

• (a) that an application has been made to the Minister under this Article,

• (b) the correction or amendment sought by the Board,

• (c) that the person may within the period of three weeks commencing on the day on which the notice is served make in writing representations or an objection to the Minister as regards the application (which representations or objection such person is hereby authorised to make).

• (3) Where the Minister, having considered any representations or objection duly made under this Article and not withdrawn, is satisfied that the omission, misdescription, or other mistake on foot of which the application is made was due to a mistake or oversight by the Board, he may correct or amend the book of reference to which the application relates either in the manner sought by the Board or in such other manner as he considers appropriate.

• (4) Where the Minister corrects or amends a book of reference under this Article, the omission, misdescription or other mistake on foot of which the application under this Article was made shall not form a ground on which the validity of the relevant book of reference may be questioned in any legal proceedings.

• (a) the order shall contain such provisions as the Minister thinks necessary or expedient for the purpose of and for giving effect to the order,

• (b) without prejudice to the generality of paragraph (a) of this Article the order may incorporate all or any of the provisions of the Land Clauses Acts, other than Articles 1, 2, 3 and 6 of the Second Schedule to the Housing of the Working Classes Act, 1890, and for the purpose of this subparagraph—

• (i) the Board shall for the purposes of the Land Clauses Acts be deemed to be the Promoter and the order shall be deemed to be the Special Act, and

• (ii) the Board shall for the purposes of the Second Schedule to the Housing of the Working Classes Act, 1890, be regarded as being the local authority, the Minister shall be deemed to be the confirming authority and the order shall be deemed to be the confirming Act,

• (c) no action shall lie at law or in equity against the Board or any contractor or officer or servant of the Board for or on account of any act, matter or thing in respect of which compensation is payable by virtue of this Act,

• F133[(d) where the Board acts in contravention (whether by commission or omission) of the order the Board shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €2,000,]

• (e) the order may incorporate any provision (including penal provisions) contained in any enactment relating to gas undertakers or gas undertakings with such adaptations and modifications as the Minister thinks proper,

• (f) the order may contain provisions authorising the Board at any time before conveyance of, or ascertainment of price or compensation for, land or a right over land being acquired by the Board under the order to enter and take possession and to use such land or exercise such right in exercise of the powers conferred on the Board under this Act and, in case the order contains such provisions, it shall also contain provisions—

• (i) requiring the Board, if it so enters and takes possession of the land or exercises such right, to pay interest on the amount of the price or compensation payable under this Act at such rate as shall be determined from time to time by the Minister for Finance from the date on which such power was exercised until payment,

• (ii) requiring that, if the Board has made an unconditional offer in writing of any sum as such compensation to the person to whom the compensation is payable under this Act, and the offer is not accepted by such person, and the sum awarded as compensation by the property arbitrator to such person does not exceed the sum so offered, then no interest shall be payable on such compensation in respect of any period after the date of the offer,

• (iii) requiring the Board, if it so enters and takes possession of the land or so exercises any right over land, to give to the occupier of the land at least one month's or, in the case of an occupied dwellinghouse, three months' previous notice in writing of its intention so to enter on or take possession of any land or so to exercise any right,

• (iv) authorising the Board to serve the notice aforesaid on a person by sending it by prepaid post in an envelope addressed to the person at his usual or last known address and deeming the notice to have been served on the person at the time at which the envelope would be delivered in the ordinary course of post and when the address of the person cannot be ascertained by reasonable inquiry, authorising the Board to serve the notice by affixing it in a conspicuous position on or near the land to which it relates and authorising the addressing of the envelope to the person for whom it is intended in case his name cannot be ascertained by reasonable inquiry by addressing it to “the owner” or “the occupier” (as the case may require) without naming him,

• (g) the order shall provide that whenever, under the order, the Board acquires or enters on and takes possession of any land which is subject, either alone or in conjunction with other land, to a land purchase annuity or a reclamation annuity, payment in lieu of rent or other sum payable periodically (not being merely rent under a contract of tenancy) payable to the F133[Minister for Agriculture, Food and Rural Development] or to the Commissioners of Public Works in Ireland, the Board shall—

• (i) as from the date on which it acquires, or enters on and takes possession of the land, whichever date is the earlier, become and be liable for payment to the F133[Minister for Agriculture, Food and Rural Development] or the said Commissioners (as the case may be) of such periodical sum, or such portion thereof as shall be apportioned by the F133[Minister for Agriculture, Food and Rural Development] or the said Commissioners (as the case may be) on the land, as if the land had been transferred to the Board by the owner thereof on that date,

• (ii) be entitled, if the Board so thinks fit, to redeem the periodical sum or the portion thereof aforesaid, and

• (iii) be obliged, if required by the F133[Minister for Agriculture, Food and Rural Development] or the said Commissioners (as the case may be) so to do, to redeem the periodical sum or the portion thereof aforesaid,