Energy (Miscellaneous Provisions) Act , 1995

1 Interpretation.

1.—(1) In this Act—

“the Act of 1960” means the Petroleum and Other Minerals Development Act, 1960;

“the Act of 1968” means the Continental Shelf Act, 1968;

“the Act of 1976” means the Gas Act, 1976;

“authorised officer” means a person appointed under section 10, 11 or 16 (as appropriate);

“designated area” has the meaning assigned to it by the Act of 1968;

“energy infrastructure” means—

(a) any land, premises or installation (including an installation located at sea), and

(b) unless the context otherwise requires, any plant, machinery or equipment,

which is used or, subject to subsection (2), has been used for the purposes of the production, storage, transmission or distribution of electricity, natural gas or petroleum not being—

(a) an installation, plant, machinery or equipment situate in any domestic premises, factory or place of work and supplying the energy requirements of that domestic premises, factory or place of work,

(b) a service station,

(c) a vehicle designed or adapted for the transport of petroleum or natural gas, or

(d) a battery, cable or other thing belonging to, or used in connection with, any appliance;

“the Minister” means the Minister for Transport, Energy and Communications;

“petroleum” includes any derivative of petroleum;

“production” includes, in relation to natural gas or petroleum, those steps preceding the production of natural gas or petroleum that consist of the exploration of land, sea-bed or subsoil (whether in the territorial seas of the State or a designated area) and the exploitation of the natural resources thereof with a view to such production, and, without prejudice to the foregoing, includes any activities carried on by a person to whom the Minister has undertaken under the Act of 1960 to grant an exploration licence, petroleum prospecting licence or petroleum lease where such activities—

(a) are carried on by that person in contemplation of the grant to him or her of an exploration licence, petroleum prospecting licence or petroleum lease (as the case may be) in pursuance of such an undertaking, and

(b) are directly related to the activities that that person would be authorised to carry on by such an exploration licence, petroleum prospecting licence or petroleum lease (as the case may be) were such an exploration licence, petroleum prospecting licence or petroleum lease to be granted to him or her;

“sea”, where used without qualification, includes a designated area;

“service station” means any installation where petroleum is capable of being dispensed to motor vehicle fuel tanks from stationary storage tanks.

(2) Land, premises, an installation or any other thing referred to in the definition of “energy infrastructure” in this section which has been, but is no longer being, used for a purpose referred to in that definition shall only be regarded as falling within that definition if and for so long as—

(a) steps are being taken to render it incapable of being used for that purpose, or

(b) in the opinion of the Minister or an authorised officer—

(i) any steps that ought to be taken in the interests of the protection of persons, property or the environment to render it so incapable have not been taken, or

(ii) in case it is incapable of being used for that purpose (whether or not by reason of steps as aforesaid having been taken in relation to it) and its condition is such as to constitute a risk of injury or damage to persons, property or the environment, any steps that ought to be taken to remove that risk have not been taken.

(3) In this Act—

(a) a reference to a section is a reference to a section of this Act, unless it is indicated that reference to some other enactment is intended,

(b) a reference to a subsection or a paragraph is a reference to a subsection or paragraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

(4) In this Act a reference to any enactment shall be construed as a reference to that enactment as amended, extended or adapted by or under any subsequent enactment (including this Act).

2 Transmission of gas by Bord Gáis Éireann on behalf of other persons.

2.—(1) The following section is hereby inserted after section 10 of the Act of 1976:

“10A. (1) Where a person requests the Board to make an offer to him to transmit on his behalf through pipelines under the control of the Board gas, at an annual rate that is not less than the rate of 25 million standard cubic metres per annum, to a single meter installation for consumption by a single customer, the Board may make such an offer to that person, including an offer to transmit gas at a rate that is greater or less than the rate to which the request relates (but not less than the annual rate aforesaid).

(2) (a) An offer referred to in subsection (1) of this section shall be made on such terms as the Board considers reasonable and specifies in the offer.

(b) If any dispute arises between a person and the Board as to the reasonableness of terms on which the Board has made an offer aforesaid to that person, the dispute shall be referred to the Minister and, if the Minister, or a person nominated by him for the purpose (‘the nominee’), considers those terms or any of them to be unreasonable, the Minister or the nominee, as the case may be, shall give a direction to the Board requiring the Board to make a further offer of the kind referred to in subsection (1) of this section to the first-mentioned person on such terms as the Minister or the nominee specifies in the direction and the Board shall comply with such a direction.

(c) For the purpose of considering a dispute referred to the Minister under this subsection, the Minister or the nominee may request the Board or the person who requested the making of the offer concerned to supply to him such information relating to the dispute as he considers necessary, and the Board or the said person, as the case may be, shall comply with such a request.

(d) The reference in paragraph (b) of this subsection to the terms on which the Board has made, or may be required to make, an offer shall be construed as including a reference to the specification in the offer of the rate at which gas is to be transmitted on behalf of the person concerned.

(3) An agreement entered into by the Board in consequence of an offer made by it under this section (including such an agreement as subsequently varied by any lawful means) may be carried into effect by the Board in accordance with its terms.

(4) This section is without prejudice to the powers of the Minister under section 11 (1) of this Act.”.

(2) Section 11 of the Act of 1976 is hereby amended—

(a) by the substitution of the following subsection for subsection (1):

“(1) (a) The Minister may, from time to time, give the Board such general directives concerning the transmission on behalf of another person by the Board of gas through pipelines under its control as he considers appropriate (other than as respects the pricing policy of the Board in relation to that matter).

(b) The Minister may, from time to time, with the consent of the Minister for Finance, give the Board such general directives concerning—

(i) the pricing policy of the Board as to the sale or supply of gas or the transmission on behalf of another person by the Board of gas through pipelines under its control, or

(ii) the financial objectives of the Board, as he considers appropriate.”,

(b) by the substitution of the following subsection for subsection (3):

“(3) In performing its functions the Board shall—

(a) comply with any direction under this section,

(b) comply with any directive under this section concerning—

(i) the transmission on behalf of another person by it of gas through pipelines under its control (including any such directive concerning its pricing policy in relation to that matter), or

(ii) its pricing policy as to the sale or supply of gas,

(c) have regard to any directive under this section concerning its financial objectives.”,

(c) by the insertion in subsection (4) after “a particular case” of “or in relation to the transmission on behalf of another person by the Board of gas through pipelines under its control in a particular case”,

and the said subsection (4), as so amended, is set out in the Table to this section.

TABLE

(4) Nothing in this section shall be construed as enabling the Minister to exercise any power or control in relation to a price to be charged by the Board in a particular case or in relation to the transmission on behalf of another person by the Board of gas through pipelines under its control in a particular case.

3 Amendment of sections 2 and 40 of Act of 1976.

3.—(1) Section 2 of the Act of 1976 is hereby amended by the substitution of the following definition for the definition of “foreshore”:

“‘foreshore’ has the meaning assigned to it by section 1 of the Foreshore Act, 1933;”.

(2) Section 40 of the Act of 1976 is hereby amended by the insertion in subsection (1) after “land” of “or of any sea bed that is situate in the territorial seas of the State or a designated area (within the meaning of the Continental Shelf Act, 1968)”, and the said subsection (1), as so amended, is set out in the Table to this section.

TABLE

(1) A person, other than the Board, shall not, without giving previous and reasonable notice to the Minister, construct or operate a pipeline on, over or under the surface of land or of any sea bed that is situate in the territorial seas of the State or a designated area (within the meaning of the Continental Shelf Act, 1968).

4 Amendment of sections 1, 3, 7 and 10 of Act of 1968.

4.—(1) Section 1 of the Act of 1968 is hereby amended—

(a) by the insertion of the following definition after the definition of “designated area”:

“‘energy product’ means electricity, natural gas, petroleum or any derivative of petroleum;”;

and

(b) by the substitution of the following definition for the definition of “installation” (inserted by the Safety, Health and Welfare (Offshore Installations) Act, 1987):

“‘installation’ includes—

(a) any floating structure or device maintained on a station by whatever means,

(b) any vessel which is for the time being within the vicinity of an installation (including a structure or device aforesaid) and being used in connection with the operation of the installation;”.

(2) The following section is hereby substituted for section 3 of the Act of 1968:

“3.—(1) (a) Any act which—

(i) is done on an installation in a designated area, and

(ii) would, if done in the State, constitute an offence under the law of the State,

shall be deemed, for all the purposes relating to the offence, to be done in the State.

(b) Any act which—

(i) is done on any waters in a designated area or under or above any waters or installation in a designated area and—

(I) is done in connection with the exploration of the sea bed or subsoil or the exploitation of their natural resources, or

(II) is done in connection with the operation of a pipe-line or cable for the transport or transmission of an energy product derived from the said natural resources or for the transport or transmission of an energy product to or from the State, or

(III) interferes with, or could interfere with, such exploration or exploitation or the operation of such a pipe-line or cable,

and

(ii) would, if done in the State, constitute an offence under the law of the State,

shall be deemed, for all the purposes relating to the offence, to be done in the State.

(2) (a) Any act which—

(i) is done on an installation in a designated area, and

(ii) would, if done in the State, constitute a wrong,

shall be deemed, for all the purposes relating to the wrong, to be done in the State.

(b) Any act which—

(i) is done on any waters in a designated area or under or above any waters or installation in a designated area and—

(I) is done in connection with the exploration of the sea bed or subsoil or the exploitation of their natural resources, or

(II) is done in connection with the operation of a pipe-line or cable for the transport or transmission of an energy product derived from the said natural resources or for the transport or transmission of an energy product to or from the State, or

(III) interferes with, or could interfere with, such exploration or exploitation or the operation of such a pipe-line or cable,

and

(ii) would, if done in the State, constitute a wrong,

shall be deemed, for all the purposes relating to the wrong, to be done in the State.

(3) (a) References in this section to an act include references to an omission and references to the doing of an act include references to the making of an omission.

(b) In this section ‘wrong’ has the meaning assigned to it by the Civil Liability Act, 1961.

(4) Any jurisdiction conferred on any court under this section shall be without prejudice to any jurisdiction exercisable apart from this section by that or any other court.”.

(3) Section 7 (inserted by the Sea Pollution Act, 1991) of the Act of 1968 is hereby amended—

(a) by the substitution, in subsection (1), for “in consultation with the Minister for the Marine” of “with the consent of the Minister for the Marine”;

(b) by the substitution, in subsection (1), of the following paragraph for paragraph (a):

“(a) from a pipe-line or cable of any kind or in connection with the operation of a pipe-line or cable for the transport or transmission of an energy product (whether derived from natural resources referred to in paragraph (b) or not), or”;

(c) by the substitution of the following subsection for subsection (2):

“(2) Where there is a contravention of any such regulations the owner of the pipe-line or cable or, as the case may be, the person carrying on the operations shall be guilty of an offence.”;

and

(d) by the substitution of the following subsection for subsection (4):

“(4) In this section—

‘discharge’ in relation to any oil, oily mixture, noxious liquid substance, harmful substance, sewage or garbage means any release, howsoever caused, of such a substance, including any escape, disposal, spilling, leaking, pumping, emitting or emptying of such a substance, but does not include—

(a) dumping, within the meaning of the Dumping at Sea Act, 1981, or

(b) the release of any oil, oily mixture, noxious liquid substance or harmful substance for the purpose of legitimate scientific research into pollution abatement or control;

‘oil’, ‘oily mixture’, ‘noxious liquid substance’, ‘harmful substance’, ‘sewage’ and ‘garbage’ have the same meanings as in the Sea Pollution Act, 1991.”.

(4) (a) Section 10 of the Act of 1968 is hereby amended by the substitution of the following paragraph for paragraph (a):

“(a) treating as insurable employment for all or any of the purposes of the Social Welfare Acts any employment prescribed by the regulations which is employment in connection with—

(i) the exploitation of the resources mentioned in section 2(1) of this Act,

(ii) the exploration of the sea bed or subsoil in any designated area, or

(iii) the operation of a pipe-line or cable for—

(I) the transport or transmission of an energy product derived from resources as aforesaid,

(II) the transport or transmission of an energy product to or from the State,

being a pipe-line or cable situate in a designated area,

notwithstanding that such employment is not employment in the State,”.

(b) Regulations in force immediately before the passing of this Act under paragraph (a) of section 10 of the Act of 1968 shall continue in force as if made under the paragraph inserted in that section by this subsection and may be amended or revoked accordingly.

5 Amendment of sections 5, 6 and 12 of Act of 1968.

5.—(1) The following section is hereby substituted for section 5 of the Act of 1968:

“5.—(1) In this section—

‘object or material’ means an object or material which consists of, or is a part of, the sea bed or subsoil in a designated area or is placed in a designated area for the purpose of, or in connection with, the exploration of such sea bed or subsoil or the exploitation of the natural resources thereof;

‘relevant Minister’ means the Minister or the Minister for the Marine, as may be appropriate.

(2) A person shall not construct, alter or improve any structure or works in or remove any object or material from a designated area without the consent of the Minister and the Minister for the Marine.

(3) A relevant Minister may, as a condition of considering an application to him for consent under this section, require to be furnished with such plans and particulars as he may consider necessary and, on receipt of any such application, he may cause notice of the application, and of the time within which and the manner in which objections thereto may be made, to be published in such manner as he may consider appropriate for informing persons affected thereby, and, before granting his consent, may, if he thinks fit, appoint a person to hold an inquiry, and notice of the holding of the inquiry shall be given in accordance with the provisions of this Act.

(4) If the Minister is of opinion that the action in respect of which his consent was sought would not be in the best interests of the orderly and proper use of the designated area concerned, he shall either refuse his consent thereto or grant his consent subject to such conditions as he may think proper.

(5) If the Minister for the Marine is of opinion that the action in respect of which his consent was sought would cause an obstruction or danger to navigation, constitute a risk of pollution to the marine environment or harm living marine resources (within the meaning of the Sea Pollution Act, 1991), he shall either refuse his consent thereto or grant his consent subject to such conditions as he may think proper.

(6) (a) Without prejudice to subsections (4) and (5) of this section, a relevant Minister may, on the grant by him of a consent under this section or at any time thereafter, attach to the consent such conditions as he may think proper.

(b) Such conditions may include conditions specifying requirements to be complied with by the grantee during a specified period after the consent has ceased to be in force (including requirements as to the removal of any structure or works concerned) and those conditions shall, accordingly, bind the grantee notwithstanding the cesser of the consent.

(c) A relevant Minister may amend or revoke a condition attached to a consent granted by him under this section.