Electricity Regulation Act 1999

“operator”means the entity appointed undersection 13KA(1)to conduct designated petroleum activities including managing and controlling the functions of petroleum infrastructure (except non- production installations) in carrying out petroleum activities;

“owner”means a person entitled to control the operation of a non-production installation;

“petroleum”includes—

(a) any mineral oil or relative hydrocarbon and natural gas and other liquid or gaseous hydrocarbons and their derivatives or constituent substances existing in its natural condition in strata (including, without limitation, distillate, condensate, casinghead gasoline and other substances that are ordinarily produced from oil and gas wells), and

(b) any other substance contained in oil and natural gas brought to the surface with them in the normal process of extraction,

but does not include coal and bituminous shales and other stratified deposits from which oil can be extracted by distillation;

“petroleum authorisation”means any one or more of the following:

(a) an exploration licence granted undersection 8of the Act of 1960;

(b) a petroleum prospecting licence granted undersection 9of the Act of 1960;

(c) a reserved area licence granted undersection 19of the Act of 1960;

(d) a lease undertaking granted undersection 10of the Act of 1960;

(e) a petroleum lease granted undersection 13of the Act of 1960;

(f) a consent given undersection 40of the Act of 1976;

“petroleum incident”means an event or occurrence in, at or in the precincts of petroleum infrastructure which is an event or occurrence of a class prescribed by regulations made by the Commission undersection 13Vand includes all major accidents;

“petroleum infrastructure”means any facility, structure or installation which is or has been established, maintained or operated, or is intended to be established, for the purpose of carrying on a petroleum activity and includes onshore and offshore facilities, installations and structures or a combination of such facilities, installations and structures;

“petroleum undertaking”means a person to whom a petroleum authorisation has been given or granted;

“processing”, in relation to petroleum, means the treatment of unprocessed or partially processed petroleum at a processing plant or terminal or offshore processing installation;

“published in the prescribed manner”, in relation to any document or information (howsoever described), means—

(a) published on a relevant internet website, or

(b) available for inspection, at the offices of the Commission and at all reasonable times, by members of the public;

“relevant internet website”means the internet website of the Commission (including part of such a website)—

(a) to which access is readily available by members of the public, and

(b) where anything published on the website is readily available for inspection by members of the public;

“revised safety case”means a safety case submitted for review undersection 13N;

“safety case”means a document, in accordance with the safety case guidelines, describing the components of the safety management system relating to the designated petroleum activity concerned, or the safety and environmental management system with respect to designated petroleum activities carried out offshore (and all petroleum infrastructure associated with carrying out that designated petroleum activity);

“safety case guidelines”means guidelines prepared undersection 13L;

“safety framework”means the risk-based petroleum safety framework established undersection 13I;

“safety permit”means a permit issued undersection 13P;

F231["territorial sea" has the same meaning as it has in the Maritime Jurisdiction Act 2021;]

“tripartite consultation”means a formal arrangement established by the Commission undersection 13H(2) (h)to enable dialogue and cooperation between the Commission, operators and owners, and workers’representatives;

“upstream pipeline”means so much of any pipeline (including the subsea and onshore sections) operated or constructed—

(a) as part of a petroleum production project, or

(b) for the purpose of conveying unprocessed petroleum from one or more than one such project to a processing plant or terminal or final coastal landing terminal.

(2) (a) In this Part,“petroleum activity”includes any activity referred to inparagraph (b)—

(i) that is authorised to be carried on under or in connection with a petroleum authorisation,

(ii) which is carried on from, by means of or on, or for purposes connected with, any petroleum infrastructure, and

(iii) which is carried on in a licensed area.

(b) The activities referred to inparagraph (a)include, but are not limited to, the following:

(i) petroleum exploration activities carried on under any one or more of the authorisations referred to inparagraphs (a)to(d)of the definition of“petroleum authorisation”insubsection (1)and in respect of which petroleum infrastructure for the drilling of exploration wells in the seabed or subsoil is intended to be established, maintained or operated;

(ii) petroleum extraction activities carried on under an authorisation referred to inparagraph (e)of the definition of“petroleum authorisation”insubsection (1)and in respect of which petroleum infrastructure for the drilling of wells as part of a petroleum field plan of development and the subsequent extraction, and processing of petroleum, and offshore storage and loading of petroleum is intended to be established, maintained or operated;

(iii) activities relating to the conveyance of unprocessed, partially processed or fully processed petroleum by subsea pipelines or vessels and petroleum infrastructure, including the onshore section of any subsea pipeline carried on pursuant to an authorisation referred to inparagraph (f)of the definition of“petroleum authorisation”insubsection (1);

(iv) activities relating to the processing of petroleum at a petroleum processing plant or terminal, offshore installation or other similar facility carried on under the terms and conditions of an authorisation referred to in paragraph (e) of the definition of“petroleum authorisation”insubsection (1);

(v) activities relating to the decommissioning of petroleum infrastructure.

(3) Any reference in this Part to a petroleum activity or a designated petroleum activity includes, unless the context otherwise requires, a reference to the establishment, maintenance or operation of any petroleum infrastructure for the purpose of carrying on the petroleum activity or designated petroleum activity.

(4) A word or expression that is used in this Part and is also used in the Directive has, unless the contrary intention appears, the same meaning in this Part as it has in the Directive.]

13B. F233[Safety obligations.

13B.—Nothing in this Part shall be read so as to be restrictive of any other duty, requirement or obligation imposed by law in respect of safety which would otherwise apply to a petroleum undertaking.]

13C. F234[Application of Part IIA.

13C.—This Part applies to any petroleum undertaking that—

(a) proposes to carry on a designated petroleum activity, or

(b) is carrying on an established petroleum activity.]

13D. F235[Designated petroleum activity.

13D.—(1) Subject tosubsection (3), the Commission shall, where safety considerations render it appropriate, by regulation, designate for the purposes of this Part any petroleum activity or a class or classes of such activity to be a designated petroleum activity.

(2) For the purposes of making a designation undersubsection (1), the Commission shall have regard to the following:

(a) the nature of the petroleum activity;

(b) the type of petroleum infrastructure;

(c) an assessment of the risks posed by the carrying on of the petroleum activity;

(d) the safety measures required to reduce the risks;

(e) the extent to which the petroleum activity and petroleum infrastructure is regulated by or under another Act of the Oireachtas.

(3) (a) Before making a designation undersubsection (1), the Commission shall for the purpose of satisfying itself that it is appropriate and in the public interest that the petroleum activity or class or classes of such activity be designated—

(i) consult with the persons specified inparagraph(b), and

(ii) give interested persons, organisations and other bodies an opportunity to make representations to it concerning the proposed designation,

(b) The Commission shall consult with—

(i) The National Standards Authority of Ireland,

(ii) the Health and Safety Authority,

(iii) the Environmental Protection Agency,

(iv) the Minister for Transport,

(v) the Irish Aviation Authority, and

(vi) such other persons as may be prescribed by order by the Minister.]

13E. F236[Prohibition on carrying on designated petroleum activity without safety permit.

13E.—(1) A person shall not carry on a designated petroleum activity or, subject tosection 13M(2)(b), an established petroleum activity, unless a safety permit is in force in respect of the petroleum activity concerned.

(2) A person who contravenessubsection (1)commits an offence.

(3) A person who commits an offence undersubsection (2)is liable—

(a) on summary conviction to a fine not exceeding€5,000 or a term of imprisonment not exceeding 6 months or both, or

(b) on conviction on indictment to a fine not exceeding€3,000,000 or a term of imprisonment not exceeding 3 years or both.]

13F. F237[Conditions attaching to petroleum authorisations.

13F.—It shall be a condition of every petroleum authorisation that purports to authorise a person to carry on a designated petroleum activity or an established petroleum activity that person hold a safety permit mentioned insection 13E(1)in respect of any such activity carried on after the commencement of this section.]

13G. F238[Object of Commission relating to petroleum safety.

13G.—The principal objective of the Commission in exercising its functions under this Part is to protect the public by fostering and encouraging safety as respects the carrying on of designated petroleum activities.]

13GA. F239[Competent authority

13GA.—(1) The Commission is appointed as the competent authority in the State for the purposes of Article 8 of the Directive.

(2) The principal objective of the Commission in exercising its functions as competent authority is the effective safety regulatory oversight of operator and owner compliance with this Part in reducing the risk and potential consequences (including major environmental incidents) of major accidents offshore to a level that is as low as is reasonably practicable.

(3) The Commission shall—

(a) monitor and enforce compliance by operators and owners with their obligations under this Part with respect to safety;

(b) regularly exchange knowledge, information and experience with other competent authorities in other Member States, inter alia, through the European Union Offshore Oil and Gas Authorities Group;

(c) prepare and submit an annual report to the European Commission;

(d) co-operate with other competent authorities and contact points under Article 27 of the Directive;

(e) establish mechanisms for—

(i) the confidential reporting of safety and environmental concerns relating to offshore designated petroleum activities from any source, and

(ii) the appropriate investigation of such reports while maintaining the anonymity of the individuals concerned;

(f) prepare and send to the European Commission a report of the summary findings of any investigation of petroleum incidents which resulted in an offshore major accident, at the conclusion of the investigation or at the conclusion of the legal proceedings with respect to the petroleum incident as appropriate;

(g) operate in accordance with the requirements of this Act and Annex III to the Directive.

(4) Where the Commission considers that a major accident hazard relating to designated petroleum activities to be carried out offshore is likely to have significant effects on the environment in another Member State, the Commission shall, prior to making its decision undersection 13P(1)to accept a safety case or a revised safety case, forward the relevant information to the competent authority of the potentially affected Member State. The Commission shall endeavour, jointly with the competent authority of that Member State, to adopt measures to prevent damage without prejudice to its regulatory functions.

(5) The Commission may—

(a) advise the Minister on matters relating to the functions and obligations of the competent authority;

(b) request a petroleum undertaking, operator or owner to provide a report on the circumstances of any major accident in which they have been involved, either themselves or through subsidiaries outside of the European Union. The report shall be in such form, provided in such timeframe, and accompanied by such additional information and particulars as may be determined by the Commission.]

13H. F240[Functions of Commission relating to petroleum safety

13H.—(1) The Commission shall do all things necessary and reasonable to further its objectives and shall exercise its powers and perform its functions in the public interest.

(2) Without prejudice to the generality ofsubsection (1), the Commission’s functions under this Part are—

(a) to regulate designated petroleum activities with respect to safety, which may include specifying standards and codes of practice referred to insection 13L(3),

(b) subject tosections 13Sto13U, to investigate and report to the Minister in writing on petroleum incidents,

(c) to monitor and enforce compliance by petroleum undertakings, operators and owners with their obligations under this Part,

(d) to issue safety permits,

(e) to provide safety information to the public when appropriate,

(f) to assess, and where relevant accept or reject, safety cases and notifications submitted by operators and owners under this Part,

(g) to carry out the objectives of the competent authority as set out insection 13GA,

(h) to establish a mechanism for tripartite consultation on—

(i) the safety framework established undersection 13I,

(ii) the safety case guidelines undersection 13L,

(iii) matters set out in Annex VI to the Directive, and

(iv) any other matter considered necessary by the Commission.

(3) The Commission shall, in performing its functions under this Part, have regard to—

(a) such functions with respect to the safety of petroleum activities as may be performed by the persons specified insubsection (4),

(b) the need to co-operate and consult with the persons specified insubsection (4)for the purpose of—

(i) encouraging and fostering safety in the carrying on of petroleum activities, and

(ii) avoiding duplication of activities by the Commission and the persons specified insubsection (4).

(4) The following are the persons to whomparagraphs (a)and(b)ofsubsection (3)apply:

(a) the National Standards Authority of Ireland;

(b) the Health and Safety Authority;

(c) the Environmental Protection Agency;

(d) the Minister for Transport, Tourism and Sport;

(e) the Irish Aviation Authority;

(f) such other persons as may be prescribed by order by the Minister.

(5) Where necessary, the Commission may prepare and implement coordinated or joint procedures with other authorities, specified insubsection (4), to carry out its functions under this Part.

(6) The Commission shall—

(a) make annual plans for the purpose of carrying out its function to monitor and enforce compliance undersubsection (2)(c),

(b) provide advice on any matter requested by the Minister—

(i) undersection 9A(3)of the Act of 1960 to support the Minister’s consideration of the technical capability of a person under that section, and

(ii) on the technical capacity of any operator proposed by a petroleum undertaking to the Minister,

and

(c) inform the Minister immediately in circumstances where it determines that an operator no longer has the capacity to meet its obligations under this Part.

(7)Subsections (3),(4)and(5)ofsection 9do not apply to the functions of the Commission under this Part.]

13HA. F241[Emergency preparedness

13HA.The Commission may—

(a) at its own behest or following consultation with other agencies, direct operators and owners to conduct tests or exercises on their preparedness to respond effectively to major accidents, and

(b) where a petroleum undertaking assumes the responsibility for the discharge of operator responsibility undersection 9B(2)or(4)of the Act of 1960, take, or direct the petroleum undertaking to take, adequate measures to ensure the continuing safety of designated petroleum activities up to and including prohibiting designated petroleum activities taking place.]

13I. F242[Safety framework.

13I.—F243[(1) In exercising its functions undersection 13H, the Commission shall, subject tosubsection (5)and after consultation with such of the persons specified insubsection (2)as the Commission considers appropriate, establish and implement a risk-based petroleum safety framework (in this Part referred to as a“safety framework”).]

(2) The following are the persons specified for the purposes ofsubsection (1):

(a) the Minister,

(b) the Minister for the Environment, Heritage and Local Government with respect to petroleum activities undertaken on the foreshore,

(c) the Minister for Transport,

(d) the Health and Safety Authority, and

(e) any other relevant person.

(3) (a) The safety framework shall be in writing and shall contain information relating to—

(i) the nature and scope of the petroleum activities and petroleum infrastructure to be regulated by the Commission, and

(ii) the systems and procedures to be operated by the Commission in regulating designated petroleum activities.

(b) The information contained in the safety framework shall include, but shall not be limited to, the following information:

(i) a list of designated petroleum activities;

F244[(ii) procedures for the assessment by the Commission of safety cases and notifications;

(iii) the processes used by the Commission to assure compliance by petroleum undertakings operators and owners with the safety framework and this Part. These processes shall include, but are not limited to, audit and inspection by the Commission of petroleum undertakings, operators and owners and the establishment of a scheme of independent verification by owners and operators in accordance with requirements and procedures stated by the Commission;]

(iv) the standards and system for assessing safety performance;

(v) any other matter considered necessary by the Commission.

(4) In considering what other matters it may be necessary to include in the safety framework, the Commission may have regard to—

(a) technological developments in the petroleum exploration and extraction industry,

(b) best practice relating to the carrying on of petroleum activities,

(c) the necessity to keep under review safety standards and specifications relating to designated petroleum activities,

(d) any directions given by the Minister undersection 13J,

(e) recommendations made in reports on petroleum incidents, or

(f) any submissions or recommendations made by interested persons, organisations and other bodies in relation to the safety of petroleum activities.

(5) (a) The Commission shall not establish or implement a safety framework until after a public consultation process has taken place in respect of the safety framework.

(b) Inparagraph (a)“public consultation process”means an invitation by the Commission to the public for submissions, within a specified time limit, on a draft of the proposed safety framework where such invitation is made by means of a notice to that effect published in a newspaper circulating within the State and published in the prescribed manner.

(6) The Commission shall report annually to the Minister on the functioning of the safety framework.

(7) The Commission may, from time to time, review or amend the safety framework.

(8) The Commission shall publish in the prescribed manner—

(a) a copy of the safety framework, and

(b) where the safety framework has been amended in accordance withsubsection (7), a copy of the safety framework as amended.]

13J. F245[Directions by Minister.

13J.—(1) The Minister may give written directions to the Commission relating to—

(a) the measures to be taken arising from reports prepared by the Commission undersection 13H(2)(b) with regard to petroleum incidents, and

(b) review or amendment of the safety framework where the Minister considers it is in the public interest for the safety framework to be so reviewed or amended.

(2) The Commission shall comply with any directions of the Minister given under this section.

(3) A notice of any direction of the Minister under this section shall be published in theIris Oifigiúilas soon as practicable after it is given.

(4) Where the safety framework referred to insection 13Ihas not been published within 6 months after the commencement of that section, the Minister may direct the Commission in writing to publish that safety framework no later than the date specified in the direction.]

13K. F246[General duties of petroleum undertakings.

13K.—(1) In addition to complying with the requirements of any other provisions of this Part a petroleum undertaking shall ensure that—

(a) any petroleum activity is carried on in such a manner as to reduce any risk to safety to a level that is as low as is reasonably practicable, and

(b) any petroleum infrastructure is designed, constructed, installed, maintained, modified, operated and decommissioned in such a manner as to reduce any risk to safety to a level that is as low as is reasonably practicable.

(2) Without prejudice to the generality ofsubsection (1), the duties of a petroleum undertaking include, but are not limited to, the following—

(a) as regards any petroleum infrastructure, ensuring, in so far as is reasonably practicable—

(i) that the construction and installation of petroleum infrastructure is sound and fit for the purpose for which it has been designed,

(ii) that the modification, maintenance or other work is carried out in such a manner to secure that the soundness and fitness for purpose for which the infrastructure is designed is not compromised,

(iii) that safe operating limits for the infrastructure have been established,

(b) ensuring that the standards of safety and training of persons carrying on petroleum activities or operating petroleum infrastructure, are such so as to ensure, in so far as is reasonably practicable, the competence of such persons to undertake the activities concerned,

(c) preparing, implementing and operating, arrangements and procedures for ensuring, in so far as is reasonably practicable, that the risk of a petroleum incident is as low as is reasonably practicable,

(d) having adequate plans in place and adopting measures to be taken in the case of an emergency or serious and imminent danger arising from the carrying on of petroleum activities, and

(e)F247[…]]

13KA. F248[Obligations on petroleum undertakings

13KA.—(1) A petroleum undertaking shall appoint an operator prior to carrying out any designated petroleum activities. A petroleum undertaking shall ensure that the operator has the capacity to meet the requirements of this Act for the carrying out of designated petroleum activities under the appointment.

(2) Prior to the appointment of an operator by a petroleum undertaking, the petroleum undertaking shall notify the Minister of its proposed appointment and seek the approval of the Minister for the appointment.

(3) Where the Minister objects to the appointment of an operator by a petroleum undertaking undersection 13KA(1), the petroleum undertaking shall comply with any direction by the Minister to—

(a) propose a suitable alternative operator to the Minister for consideration as soon as possible, or

(b) assume the responsibilities of the operator under this Part.

(4) Where a petroleum undertaking has received a notification from the Minister undersection 9B(4)of the Act of 1960 regarding the determination of the Commission on the capacity of the operator, the petroleum undertaking shall assume responsibility for the discharge of operator responsibilities, and shall, without delay, propose a replacement operator to the Minister.

(5) A petroleum undertaking shall not change the appointed operator without the prior written approval of the Minister.

(6) A petroleum undertaking shall take all reasonable steps to ensure that its appointed operator is discharging his or her obligations undersection 13KBin carrying out designated petroleum activities and is complying with the requirements of this Part.

(7) A petroleum undertaking shall comply with any request by the Commission for a report on the circumstances of any major accident in which the undertaking has been involved, either itself or through a subsidiary, in conducting oil or gas operations outside of the European Union.

(8) A petroleum undertaking shall communicate details of the mechanism established by the Commission for the confidential reporting of safety concerns to its employees and ensure that reference to confidential reporting is included in relevant training and notices.

(9) Without prejudice to the existing scope of liability relating to the prevention and remediation of environmental damage under the Environmental Liability Regulations, a petroleum undertaking is financially liable for the prevention and remediation of environmental damage within the meaning of those Regulations, caused by offshore petroleum activities carried out pursuant to a petroleum authorisation.

(10) A petroleum undertaking shall comply with any request by the Commission for such information as it requires to discharge its functions under this Part.

(11) A petroleum undertaking shall put in place any necessary arrangements to ensure that it has the continued technical and financial capability to discharge its obligations under this Part and the conditions of its petroleum authorisation.]

13KB. F249[Obligations on operators

13KB.—(1) An operator shall ensure that the risk of all major accident hazards in carrying out designated petroleum activities is reduced to a level that is as low as is reasonably practicable.

(2) The use of contractors by an operator in carrying out petroleum activities and any action or omissions carried out by contractors which may lead or contribute to a major accident does not relieve the operator of his or her duties under this Act.

(3) An operator shall have primary responsibility for, inter alia, the control of risks of a major accident that are a result of its carrying on designated petroleum activities and for continuously improving control of those risks so as to ensure that the risks are reduced to a level that is as low as is reasonably practicable.

(4) An operator shall comply with any direction issued by the Commission undersection 13HA.

(5) Where an activity carried out by an operator poses an immediate danger to human health or significantly increases the risk of a major accident, the operator shall take suitable measures which may include, suspending the relevant activity until the danger or risk is adequately controlled.

(6) In the case of a major accident, the operator shall take all suitable measures to prevent its escalation and to limit the consequences for human health and the environment and shall put into action without delay the internal emergency response plan described in the accepted safety case.

(7) An operator shall take measures to use technical means or procedures, as the Commission considers adequate, in order to promote the reliability of the collection and recording of relevant data in the discharge of its reporting requirements to the Commission and to prevent possible manipulation thereof.

(8) An operator shall comply with any request of the Commission for a report on the circumstances of any major accident in which the operator has been involved, either itself or through a subsidiary, in conducting oil or gas operations outside of the European Union.

(9) An operator shall communicate details of the mechanism established by the Commission for the confidential reporting of safety concerns to its employees and contractors connected with carrying out designated petroleum activities, and shall ensure that reference to confidential reporting is included in relevant training and notices.

(10) Where requested by the Commission, an operator shall provide the Commission, or any other person acting under the direction of the Commission, with transport to or from the petroleum infrastructure associated with petroleum activities, including the conveyance of their equipment, at any reasonable time, and with accommodation, meals and other subsistence in connection with the visits, for the purpose of facilitating the Commission in carrying out its functions under this Part.

(11) An operator shall comply with any request by the Commission for such information as it requires to discharge its functions under this Part.]

13KC. F250[Obligations on owners

13KC.—(1) An owner shall ensure that the risk of all major accident hazards related to a non-production installation in carrying out designated petroleum activities is reduced to a level that is as low as is reasonably practicable.

(2) An owner shall comply with any direction issued by the Commission undersection 13HA.

(3) Where an activity carried out by an owner poses an immediate danger to human health or significantly increases the risk of a major accident, the owner shall take suitable measures which may include, if deemed necessary, suspending the relevant activity until the danger or risk is adequately controlled.

(4) In the case of a major accident, an owner concerned shall take all suitable measures to prevent its escalation and to limit the consequences for human health and the environment and shall put into action without delay the internal emergency response plan described in the accepted safety case.

(5) An owner shall take suitable measures to use suitable technical means or procedures in order to promote the reliability of the collection and recording of relevant data in the discharge of its reporting requirements to the Commission and to prevent possible manipulation thereof.

(6) An owner shall communicate details of the mechanism established by the Commission for the confidential reporting of safety concerns to its employees and contractors connected with carrying out designated petroleum activities, and shall ensure that reference to confidential reporting is included in relevant training and notices.

(7) Where requested by the Commission, an owner shall provide the Commission, or any other person acting under the direction of the Commission, with transport to or from the petroleum infrastructure associated with petroleum activities, including the conveyance of their equipment, at any reasonable time, and with accommodation, meals and other subsistence in connection with the visits, for the purpose of facilitating the Commission in carrying out its functions under this Part.

(8) An owner shall comply with any request by the Commission for such information as it requires to discharge its functions under this Part.

(9) An owner shall comply with any request by the Commission for a report on the circumstances of any major accident in which they have been involved, either themselves or through subsidiaries, outside of the European Union.]

13L. F251[Safety case guidelines

13L.—(1) Subject tosubsection (2), the Commission shall, from time to time, prepare guidelines ("safety case guidelines") relating to the preparation and contents of a safety case applicable to all or any designated petroleum activity or activities.

(2) For the purpose of developing safety case guidelines, the Commission—

(a) may consult, as it considers appropriate, with—

(i) the National Standards Authority of Ireland,

(ii) the Health and Safety Authority,

(iii) the Environmental Protection Agency,

(iv) the Minister for Transport, Tourism and Sport,

(v) the Irish Aviation Authority, and

(vi) such other persons as may be prescribed by order by the Minister,

and

(b) may give interested persons, organisations and other bodies an opportunity to make representations to it concerning the proposed guidelines.

(3) Safety case guidelines may include provision for one or more of the following:

(a) the appropriate contents of a safety case;

(b) the appropriate technical principles and specifications relating to the design, construction, operation, maintenance, modification and decommissioning of petroleum infrastructure;

(c) the standards and codes of practice applicable to designated petroleum activities including relevant standards and codes of practice, that have been formulated or recommended by the National Standards Authority of Ireland;

(d) the safety standards to be achieved and maintained in respect of each designated petroleum activity;

(e) the procedures to be followed by an operator, or where relevant an owner, for the submission of a safety case or a revised safety case for acceptance by the Commission;

(f) the relevant performance indicators according to which safety performance in respect of each designated petroleum activity will be assessed;

(g) guidance on the corporate major accident prevention policy to be submitted as part of the safety case or notification;

(h) guidance on the description of the safety management system or, with respect to designated petroleum activities carried out offshore, the safety and environmental management system, to be included as part of the safety case or notification;

(i) guidance on the description of the scheme of independent verification to be established by the operator or the owner as the case may be, and to be included in the safety case or notification as appropriate;

(j) guidance on emergency response arrangements to be described in the safety case or notification;

(k) guidance on the preparation and maintenance of a complete inventory of emergency response equipment by operators and owners pertinent to operations;

(l) guidance on the worker representative consultation in the preparation and review of safety cases and notifications;

(m) the procedures to be followed by an operator for the submission of a notification, or revised notification for acceptance by the Commission;

(n) guidance on the contents of a design notification to be submitted by an operator before the intended submission of a safety case relating to relevant designated petroleum activities;

(o) guidance on the contents of a combined operation notification to be submitted by an operator.

(4) The Commission shall ensure, where appropriate, that the information to be included in safety cases and notifications as specified under safety case guidelines is consistent with the requirements of the Directive and, in particular, Annex I and Annex IV.

(5) Safety case guidelines shall specify that safety cases or notifications relating to any designated petroleum activity carried out offshore (and all petroleum infrastructure associated with the carrying out of that designated petroleum activity) shall include a safety and environmental management system.

(6) The Commission may revise any safety case guidelines or may withdraw those guidelines and prepare new guidelines.

(7) The Commission shall ensure that safety case guidelines are published in the prescribed manner as soon as practicable after the guidelines have been prepared.]

13M. F252[Safety case

13M.—(1) (a) An owner shall, where relevant, and at least 6 months or, such other lesser time as the Commission may specify, before an operator proposes to commence a designated petroleum activity from the non-production installation, submit a safety case to the Commission for acceptance.

(b) An owner shall submit a safety case with respect to a non-production installation and the review and revision of that safety case.

(2) (a) An operator that proposes to carry on a designated petroleum activity shall prepare a safety case and shall, at least 6 months or, such other lesser time as the Commission may specify in writing, before it proposes to commence the activity, submit the safety case to the Commission for acceptance.

(b) An operator shall submit a safety case (except with respect to a non-production installation) and the review and revision of that safety case.

(3) (a) An operator shall not carry on a designated petroleum activity unless the safety case submitted undersubsection (2)(a), and where relevant the associated owner safety case for the non-production installation, has been accepted by the Commission and a safety permit has been issued undersection 13Pin respect of the designated petroleum activity.

(b) Notwithstandingsection 13E(1), a petroleum undertaking may continue to carry on an established petroleum activity where the petroleum undertaking has submitted a safety case to the Commission within 12 months of the publication in the prescribed manner of the guidelines relating to that activity pursuant to the Act of 2010 until the day which is 14 days after the Commission notifies the petroleum undertaking of—

(i) the acceptance of the safety case and issue of a safety permit undersection 13P, or

(ii) the refusal of a safety permit undersection 13Q(1).

(4) A safety case shall be prepared in accordance with such safety case guidelines as shall be prepared and published by the Commission undersection 13L.

(5) A safety case shall contain such particulars as are specified in the safety case guidelines that relate to the designated petroleum activity or activities in respect of which the safety case is being prepared and shall include sufficient particulars to demonstrate to the Commission that—

(a) the operator is complying with his or her obligations undersection 13KBor where relevant the owner is complying with his or her obligations undersection 13KC,

(b) the operator, or where relevant the owner, has the ability to properly assess and effectively control risks which may arise from the carrying on of the designated petroleum activity or activities to a level that is as low as is reasonably practicable,

(c) having identified all major accident hazards and the risks presented by those hazards, the relevant owner or operator has taken such measures as are adequate to ensure that its safety management system or the safety and environmental management system with respect to designated petroleum activities carried out offshore, is capable of reducing the risks to a level that is as low as is reasonably practicable,

(d) all petroleum incident risks have been evaluated and emergency measures are in place in the event of such petroleum incident arising,

(e) adequate arrangements for monitoring, audit and for the making of reports on safety performance and compliance have been established,

(f) the emergency response arrangements are—

(i) consistent with the major accident hazard risk assessment described in the safety case and the relevant national emergency response arrangements which are in place to prevent escalation or limit the consequences of a major accident, and

(ii) capable of being put into action without delay to respond to any major accident or a situation where there is an immediate risk of a major accident,

(g) it has consulted with workers’representatives in the preparation and review of the safety case, and

(h) a complete inventory of emergency response equipment pertinent to their operation has been prepared and is maintained.

(6) A petroleum activity shall cease to be an established petroleum activity where—

(a) the Commission accepts the safety case and issues a safety permit undersection 13P,

(b) the Commission refuses to issue a safety permit undersection 13Q(1), or

(c) the petroleum undertaking fails to submit a safety case within the time period specified insubsection (1) (b).

(7) In this section“audit”means systematic assessment of the adequacy of the safety management system, carried out by persons who are sufficiently independent of the system (but who may be employed by the operator or owner) to ensure that such assessment is objective.]

13MA. F253[Revised safety case - transitional arrangement

13MA.(1) Where a petroleum undertaking—

(a) has an accepted safety case and safety permit undersection 13Pto carry out a designated petroleum activity or activities with respect to production prior to 19 July 2015, or

(b) is carrying out established petroleum activities in accordance withsection 13M(3)(b),

an operator appointed by that petroleum undertaking shall submit a revised safety case by the earliest of the following dates—

(i) the date of the scheduled review of the safety case undersection 13N(2)(a),

(ii) the date by which the petroleum undertaking is required to submit the revised safety case as stated in a notice in writing issued by the Commission, or

(iii) 19 July 2018.

(2) Notwithstanding any other provision of this Act and subject tosubsection (3), a petroleum undertaking who satisfies either the conditions set out insubsection (1) (a)or(b), may continue to carry out designated petroleum activities in accordance with its existing safety permit and accepted safety case until the assessment by the Commission of the revised safety case, submitted undersubsection (1)has been completed.

(3) A petroleum undertaking referred to insubsection (1)shall review its safety case during the period from the commencement of this section under thePetroleum (Exploration and Extraction) Safety Act 2015and the submission of the safety case in accordance withsubsection (1)—

(a) whenever such a review is necessary because of new facts or to take account of new technical knowledge about safety matters,

(b) whenever such a review is necessitated arising from—

(i) reports related to audits (whether within the meaning ofsection 13M(7)or otherwise), or

(ii) reports on safety performance and compliance,

(c) in circumstances where the petroleum undertaking considers it appropriate to do so,

(d) where the Commission issues a notice in writing to a petroleum undertaking requiring it to do so, or

(e) where a change is made to the safety management system which could significantly affect the ability of the petroleum undertaking to comply with its duty to reduce the risks to a level that is as low as is reasonably practicable.

(4) Where in consequence of the review undersubsection (3)it is necessary to revise a safety case, the petroleum undertaking shall do so as soon as practicable and inform the Commission in writing of the details of such revision. Where the revision of a safety case results in a material alteration of the safety case previously accepted by the Commission, the petroleum undertaking shall immediately inform the Commission and a revised safety case in accordance withsubsection (1)shall be submitted to the Commission by the operator appointed by the petroleum undertaking.]

13N. F254[Review and revision of safety case

F255[13N.—(1) A safety case shall be regarded as a working document by which an operator, or owner, as the case may be, may demonstrate that the safety management system, or the safety and environmental management system with respect to designated petroleum activities carried out offshore, described in the safety case is being properly implemented and continues to be maintained.

(2) A safety case shall be reviewed—

(a) at least every 5 years,

(b) whenever such a review is necessary because of new facts or to take account of new technical knowledge about safety matters,

(c) whenever such a review is necessitated arising from—

(i) reports relating to audits (whether within the meaning ofsection 13M(7)or otherwise),

(ii) reports on safety performance and compliance,

(d) in circumstances where the operator, or the owner as the case may be, considers it appropriate to do so,

(e) where the Commission issues a notice in writing to an operator or owner requiring it to do so, or

(f) where a change is made to the safety management system, or the safety and environmental management system with respect to designated petroleum activities carried out offshore, which could significantly affect the ability of the operator or the owner, as the case may be, to comply with his or her duty to reduce the risk of major accident hazards to a level that is as low as is reasonably practicable,

and where in consequence of that review it is necessary to revise the safety case, the operator, or owner as the case may be, shall do so as soon as practicable and inform the Commission of the details of such revision.

(3) Where the revision of a safety case results in a material alteration of the safety case previously accepted by the Commission undersection 13Pthe operator, or the owner as the case may be, shall submit the proposed revision to the Commission and any proposed revision shall not be made unless it has been accepted by the Commission in accordance withsection 13P.

(4) A revised safety case shall be submitted to the Commission for the purposes of this section in accordance with such procedures as are specified by the Commission in the safety case guidelines.

(5) Where the Commission has revised the safety case guidelines undersection 13L(4), it may specify a date by which the operator or owner must submit a revised safety case under this section for assessment by the Commission.]]

13O. F256[Duty to conform with safety case

F257[13O.—(1) Where an operator has prepared and has had accepted a safety case undersection 13P(and where relevant a combined operation notification undersection 13OA), the operator shall ensure that as long as he or she carries on the designated petroleum activity or activities to which the safety case (and where relevant the associated combined operations notification) and associated safety permit relates, that the safety case and the safety management system (or where relevant the safety and environmental management system) described in the safety case (and where relevant the associated combined operations notification) and any revision of the safety case undersection 13N(and where relevant a revision to the associated combined operation notification undersection 13OA) is implemented and followed.

(2) Where an owner has prepared and has had accepted a safety case undersection 13P, the owner shall ensure that as long as the designated petroleum activity or activities to which the safety case and the associated safety permit relates is being carried out, that the safety case and the safety management system (or where relevant the safety and environmental management system) described in the safety case and any revision of the safety case undersection 13Nis implemented and followed.

(3) An operator who fails to comply withsubsection (1)or an owner who fails to comply withsubsection (2)commits an offence and is liable—

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

(b) on conviction on indictment, to a fine not exceeding€3,000,000.]]

13OA. F258[Notifications

13OA.—(1) An operator shall submit a design notification or revised design notification to the Commission in accordance with the procedures and timescale set out in safety case guidelines where the operator intends to carry out a designated petroleum activity or activities related to production under a petroleum authorisation.

(2) The Commission shall assess the design notification or a revised design notification submitted by an operator.

(3) The Commission may—

(a) accept a design notification,

(b) accept a design notification with observations on matters to be taken into account by the operator when submitting a safety case undersection 13M, or

(c) refuse a design notification,

having considered whether the information contained in the design notification or revised design notification complies with the safety case guidelines and whether the operator has provided sufficient demonstration that the operator is—

(i) capable of implementing the safety management system (or where relevant the safety and environmental management system) described in the design notification, and

(ii) capable of carrying on the designated petroleum activity or activities concerned in compliance with its duties undersection 13KB.

(4) The Commission, in deciding whether or not to accept a design notification, may, for the purposes of satisfying itself undersubsection (2), request in writing such additional information as it may reasonably require from an operator and the operator shall comply with any such request.

(5) Where there is a revision of a design notification which results in a material change to the design notification previously accepted by the Commission under this section, the operator concerned shall submit the proposed revision of a design notification to the Commission and any proposed revision shall not be made until the Commission has carried out its assessment of the revision of the design notification under this section.

(6) The revised design notification shall be submitted to the Commission for the purposes of this section in accordance with such procedures as are specified by the Commission in safety case guidelines.

(7) The Commission shall notify the relevant petroleum undertaking and operator of the acceptance of a design notification.

(8) The acceptance of a design notification or a revised design notification by the Commission shall not be interpreted as relieving an operator of its duties undersection 13KB.

(9) Where an operator or owner proposes to carry on a combined operation, the operator and owner involved in a combined operation shall jointly prepare the combined operation notification.

(10) One of the persons referred to insubsection (9)shall submit a combined operation notification or revised combined operation notification to the Commission in accordance with the procedures and timescale set out in safety case guidelines.

(11) The Commission shall only accept a combined operation notification or a revised combined operation notification where the information contained in the combined operation notification or revised combined operation notification complies with the safety case guidelines and the Commission is satisfied the operators and owners concerned are—

(a) capable of implementing the safety management system, or where relevant the safety and environmental management system, described in the combined operation notification, and

(b) subject to any conditions of the safety permit, capable of carrying on the combined operation concerned in compliance with their duties undersections 13KBand13KC.

(12) The Commission, in deciding whether or not to accept a combined operation notification, may, for the purposes of satisfying itself undersubsection (11), request in writing such additional information as it may reasonably require from an operator and the operator shall comply with any such request.

(13) The Commission shall notify the relevant petroleum undertaking and operator of the acceptance of the combined operation notification.

(14) The acceptance of a combined operation notification by the Commission shall not be interpreted as relieving an operator of his or her duties undersection 13KBor, where relevant, an owner of his or her duties undersection 13KC.

(15) Where there is a revision of a combined operation notification which results in a material change to the combined operation notification previously accepted by the Commission under this section, the operator concerned shall submit the proposed revision of combined operation notification to the Commission and any proposed revision shall not be made until the Commission has carried out its assessment of the revision of the combined operation notification under this section.

(16) A revised combined operation notification shall be submitted to the Commission for the purposes of this section in accordance with such procedures specified by the Commission in safety case guidelines.]

13P. F259[Safety permit

F260[13P.—(1) The Commission shall only accept a safety case or a revised safety case for the purposes of issuing a safety permit under this section where the information contained in the safety case or the revised safety case complies with the requirements ofsection 13M(4)and the Commission is satisfied that the operator and, where relevant, the owner—

(a) is capable of implementing the safety management system, or where relevant the safety and environmental management system, described in its safety case, and

(b) subject to any conditions of the safety permit, is capable of carrying on the designated petroleum activity or activities concerned in compliance with its obligations under section 13KB with respect to an operator andsection 13KCwith respect to an owner.

(2) The Commission, in deciding whether or not to issue a safety permit, for the purpose of satisfying itself undersubsection (1), may request in writing such additional information as it may reasonably require from a petroleum undertaking, operator or owner and the undertaking, operator or owner shall comply with any such request.

(3) The Commission shall notify—

(a) an operator in writing of its acceptance or refusal of a safety case undersection 13P(1),

(b) an owner in writing of its acceptance or refusal of a safety case undersection 13P(1), and

(c) a petroleum undertaking of its acceptance of a safety case submitted by the operator or, where relevant, the owner by issuing a safety permit to that petroleum undertaking.

(4) It shall be a condition of a safety permit that the operator, and where relevant the owner, act in accordance with the accepted safety case or safety cases and, where relevant, the combined operations notification accepted by the Commission undersection 13OA(11).

(5) Subject tosubsection (4), the Commission may attach such conditions to a safety permit as it considers appropriate including conditions—

(a) restricting or prohibiting the operation of specified parts of petroleum infrastructure, maintained or intended to be established, in connection with the carrying on of the designated petroleum activity or activities concerned,

(b) restricting or prohibiting the carrying on of specified activities carried out on, from or in connection with petroleum infrastructure,

(c) specifying requirements to be complied with in respect of all or any of the different phases of the designated petroleum activity or activities concerned,

(d) in respect of when a safety permit shall be subject to review by the Commission,

(e) relating to audits (whether within the meaning ofsection 13M(7)or otherwise) and reporting requirements, or

(f) in respect of safety performance requirements.

(6) The Commission shall determine the form of a safety permit.

(7) The Commission shall issue a safety permit undersubsection (1)or a request for information undersubsection (2)as soon as practicable after it has completed its assessment but no later than 6 months after the date of receipt of the safety case or revised safety case of an operator or owner or receipt of the additional information requested undersubsection (2).

(8) The acceptance of a safety case or revised safety case by the Commission and the issuing of a safety permit shall not be interpreted as relieving a petroleum undertaking of its duties undersection 13K, an operator of his or her duties undersection 13KBor an owner of his or her duties undersection 13KCand does not imply any transfer of responsibility to the Commission.

(9) A safety permit shall remain in operation for such period as may be specified in writing by the Commission unless it is revoked by the Commission undersection 13Qor replaced by a new safety permit.

(10) The Commission shall, as soon as practicable after the issue of a safety permit to a petroleum undertaking, ensure that a copy of that permit is published in the prescribed manner.]]

13Q. F261[Refusal or revocation of safety permit.

13Q.—(1) The Commission may—

(a) refuse to issue a safety permit where the Commission is not satisfied for the purposes ofsection 13P(1), or

(b) revoke a safety permit issued undersection 13P(3)in all or any of the following circumstances:

(i) non-compliance with its conditions;

(ii) failure to comply with an improvement notice issued undersection 13Z;

(iii) where, in the opinion of the Commission, the petroleum undertaking is not complying with its duties undersection 13K.

(2) Where the Commission proposes to refuse or revoke a safety permit in accordance withsubsection (1), it shall notify in writing the petroleum undertaking concerned of the proposal and the petroleum undertaking may, within 21 days of the notification, make representations to the Commission, which shall consider them.

(3) Where the Commission decides undersubsection (1)to refuse or revoke a safety permit and, having considered representations (if any) made by the petroleum undertaking undersubsection (2), it shall notify the petroleum undertaking concerned of the decision and the reasons for the decision.

F262[(4) Where the Commission decides to refuse a safety permit or revoke a safety permit issued by it, the petroleum undertaking concerned may, not later than 21 days of the date of notification of the decision, appeal to the High Court.

(5) Where an appeal is taken undersubsection (4), the decision of the Commission undersubsection (3)shall, unless cancelled by the Court, take effect on the day next following the day on which the decision is confirmed on appeal or the appeal is withdrawn, or on such day as is specified by the Court, whichever is later.]

F263[(5A) Where no appeal is made undersubsection (4), the decision of the Commission undersubsection (3)shall take effect on the day on which the time allowed for an appeal has elapsed.]

(6) On hearing an appeal undersubsection (4), the Court may either confirm or vary the decision of the Commission or allow the appeal.

(7) Any decision of the Court on an appeal undersubsection (4)shall be final, save that, an appeal from the decision may be made to the Supreme Court on a specified point of law.]

13R. F264[Fees relating to consideration of safety case.

13R.—(1) WhereF265[an operator or owner]—

(a) submits a safety case undersection 13M, or

(b) submits a revised safety case undersection 13N,

it shall be accompanied by such fee as the Commission may determine to be appropriate, having regard to the nature of the designated petroleum activity and the nature and extent of the petroleum infrastructure to which the safety case or revised safety case relates.

(2) The level of fees shall be structured to ensure that the fee relating to the safety case or revised safety case concerned is sufficient to enable the Commission recover the reasonable costs and expenses which the Commission is likely to incur by reason of its consideration of the safety case or revised safety case concerned and matters directly pertaining to the case concerned including the costs and expenses incurred in determining conditions relating to the issue of a safety permit or the refusal to issue a safety permit.

(3) The Commission shall make information on the structure and methodology of how it has determined such fees available to theF266[the operator or owner concerned]where requested to do so.]

13S. F267[Reportable petroleum incident

F268[13S.—(1) Where a petroleum incident occurs, the operator and the owner concerned shall notify the Commission of the petroleum incident, without delay, after the occurrence of the petroleum incident and such notification shall be—

(a) in such form,

(b) provided in such timeframe, and

(c) accompanied by such additional information and particulars,

as may be prescribed by the Commission.

(2) Where an activity carried out by an operator or an owner poses an immediate danger to human health or significantly increases the risk of a petroleum incident and the operator takes suitable measures in line with his or her obligation undersection 13KB(5)or the owner takes suitable measures in line with his or her obligation undersection 13KC(3), the operator or owner shall notify the Commission accordingly, in such form and accompanied by such additional information and particulars as may be prescribed by the Commission, without delay, and no later than 24 hours after taking those measures.

(3) On receipt of a notification of a petroleum incident undersubsection (1)or a notification of suitable measures taken undersubsection (2)the Commission shall consider the notification and where it considers that it is necessary, the Commission may request a further report giving additional details of the incident and the circumstances associated with it and any suitable measures taken, and in that event the Commission shall notify the owner or operator concerned and request that such further report be furnished to it within such period of time specified in the request and is reasonable in the circumstances.

(4) An operator or owner who fails to comply with this section commits an offence and is liable—

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

(b) on conviction on indictment, to a fine not exceeding€1,000,000.]]

13T. F269[Actions Commission may take following petroleum incident.

F270[13T.—(1) The Commission may on its own initiative or following receipt of—

(a) a notification undersection 13S(1)or(2)or a report undersection 13S(3), appoint a petroleum safety officer to investigate the petroleum incident or the suitable measures taken, or

(b) a confidential report undersection 13GA(3)(e), appoint a petroleum safety officer to investigate the concerns.

(2) Where the Commission receives—

(a) a notification undersection 13S(1)of a petroleum incident,

(b) a notification undersection 13S(2)of suitable measures taken,

(c) a report undersection 13S(3)in respect of a petroleum incident or suitable measures taken,

(d) a confidential report undersection 13GA(3)(e)relating to offshore designated petroleum activities,

(e) a report by a petroleum safety officer of an investigation undersubsection (1),

the Commission may issue to the petroleum undertaking, operator or owner concerned—

(i) an improvement notice,

(ii) a prohibition notice,

(iii) a notice requiring the operator or owner to revise its safety case, or

(iv) a notice that the Commission intends to revoke the relevant safety permit.

(3) Nothing insubsection (2)shall limit the power of the Commission to issue a notice of a kind specified in that subsection in circumstances other than those referred to in this section.]]

13U. F271[Reporting of petroleum incidents to Minister by Commission

F272[13U.—(1) The Commission shall prepare and send to the Minister a report in respect of each petroleum incident which results in—

(a) the loss of human life,

(b) serious personal injury being suffered by a person,

(c) damage to property the ownership of which is held by a person other than the petroleum undertaking operator or owner concerned, or

(d) a major accident.

(2) The Commission may prepare and send to the Minister a report in respect of a petroleum incident other than an incident referred to insubsection (1)where, in the opinion of the Commission, it is appropriate to do so by reason of the seriousness of the petroleum incident concerned.

(3) The Commission may, with the consent of the Minister, publish a non- confidential version of the reports issued to the Minister undersubsection (1)or(2).]]

13V. F273[Regulations (Part IIA).

F274[13V.—The Commission shall, for the purposes of enabling this Part to have full effect, make regulations—

(a) prescribing all major accidents as a class of event for the purposes of the definition of petroleum incident,

(b) prescribing a class of event or occurrence for the purposes of the definition of petroleum incident which in the opinion of the Commission may materially increase the risk of an event or occurrence referred to insection 13U(1)(a)to(d)occurring,

(c) prescribing a class of event or occurrence for the purposes of the definition of petroleum incident to enable the Commission to discharge its reporting obligations to the European Commission, and

(d) prescribing a form to be used by operators or owners in notifying the Commission of a petroleum incident, the timeframe for such reporting and the classes of information to be included in such a form.]]

13W. F275[Petroleum safety officers.

13W.—(1) The Commission may appoint any of its officers or any other person to be a petroleum safety officer for the purposes of the exercise by the Commission of its functions under this Part.

(2) (a) A person appointed undersubsection (1)shall be furnished with a certificate of his or her appointment by the Commission.

(b) When exercising a power conferred on him or her by this section, a petroleum safety officer shall, if requested by a person affected, produce the certificate of his or her appointment or a copy of such certificate to such person.

(3) A petroleum safety officer may, subject to this section—

(a) at any time board or otherwise enter, inspect, examine and search any place which he or she has reasonable grounds for believing is used for the purposes of or in connection with a designated petroleum activity and there make such inspection, carry out such tests or examination as may be necessary of any—

(i) petroleum infrastructure,

(ii) upstream pipeline,

(iii) activity, process or procedure,

(iv) plant, vessel or equipment, or

(v) records,

to ascertain whether the provisions of this Part are being complied with and for those purposes take with him or her and use any equipment or materials he or she considers necessary,

(b) carry out an investigation where appointed to do so undersection 13T(1),

(c) direct that the place and anything at, in or on it, be left undisturbed for so long as is reasonably necessary for any search, examination, investigation, inspection or inquiry under this Part,

(d) take any measurement or photograph or make any electrical or electronic recording which he or she considers necessary for the purposes of any such examination or inquiry,

(e) take samples of any fluid or gas or other substance found at that place,

(f) as regards any article or substance he or she finds at that place, require any relevant person in authority to supply the officer without charge with any such article or substance,

(g) require any relevant person in authority to produce to him or her such documents, records or materials (and in the case of information in a non-legible form to reproduce it in a legible form) as are in that person’s possession or control relating to the matter under inquiry and to give to him or her such information as the officer may reasonably require in regard to such documents, records or materials,

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

(i) remove and retain such records for such period as may be reasonable for further examination,

(j) require any relevant person in authority to give to the officer any information that the officer may reasonably require for the purposes of any search, examination, investigation, inspection or inquiry under this Part,

(k) require any person he or she finds at that place to give the officer such assistance and facilities within the person’s power or control as are reasonably necessary to enable the officer to exercise any of his or her powers under this Part,

(l) exercise such other powers as may be necessary for the purposes of the exercise by the Commission of its functions under this Part.

(4) Without prejudice to the generality ofsubsection (3)(l) where, in the opinion of the petroleum safety officer, there is a substantial and imminent risk to safety, the petroleum safety officer may—

(a) instruct any person to evacuate any place referred to insubsection (3)(a) until such time as the place is, in the opinion of the officer, safe,

(b) instruct any person to perform or refrain from performing any act, if in the opinion of the officer, the performance or non-performance of such act is necessary in order to reduce or prevent any danger arising from the carrying on of any petroleum activity,

(c) search for any escaped oil or gas, or any leak or defect in any petroleum infrastructure, upstream pipeline or plant or equipment,

(d) interrupt the flow of any oil or gas, or disconnect any part of any petroleum infrastructure, upstream pipeline or plant or equipment,

(e) liaise with any other authorised person appointed by a body that has functions that are similar or ancillary to the functions of the Commission with respect to the safety of petroleum activities.

(5) Where a petroleum safety officer has reasonable cause to apprehend any serious obstruction in the exercise of his or her duty or otherwise considers it necessary, he or she may be accompanied by—

(a) a member or members of the Garda Síochána, or

(b) a member or members of the Defence Forces, where the place concerned is in any part of—

F276[(i) the licensed area to whichsubparagraph (i)or(ii)or both ofparagraph (a)of the definition of“licensed area”relates, or,]

(ii) a designated area.

(6) A petroleum safety officer shall not enter a dwelling other than—

(a) with the consent of the occupier, or

(b) in accordance with a warrant from a District Court issued undersubsection (8).

(7) Where a petroleum safety officer, in the exercise of his or her powers under this section, is prevented from entering any place, an application may be made, subject tosubsection (9), to the District Court for a warrant undersubsection (8)authorising such entry.

(8) Without prejudice to the powers of a petroleum safety officer under this Part, if a judge of the District Court is satisfied by information on oath of a petroleum safety officer that there are reasonable grounds for believing that—

(a) there are any articles or substances at any place or any records (including documents stored in a non-legible form) or information relating to a place, that the petroleum safety officer requires to inspect for the purposes of enforcing this Part, or

(b) there is to be found, or such an inspection is likely to disclose, evidence of a contravention of or failure to comply with a provision of this Part,

the judge may issue a warrant authorising a petroleum safety officer, alone or accompanied by such other persons as may be necessary, at any time or times within one month of the date of issue of the warrant, on production of the warrant if requested, to enter the place, if necessary by the use of reasonable force, and perform any of the functions of a petroleum safety officer under this section.

(9) Where the place the subject of an application undersubsection (8)is located in any part of—

(a) the licensed area to whichsubparagraphs (i)or(ii), or both, ofparagraph(a) of the definition of“licensed area”relates, or

(b) a designated area,

the application for a search warrant may be made to a judge assigned to any district court district.

(10) A person who—

(a) obstructs or impedes a petroleum safety officer in the exercise of powers conferred by this section,

(b) fails or refuses to comply with any instruction, requirement or direction of a petroleum safety officer for any of the purposes of this section,

(c) knowingly gives to a petroleum safety officer information which is false or misleading in a material respect,

F277[(d) alters, suppresses or destroys any documents, records or materials (including documents stored in non-legible form) that the person has been required to produce or may reasonably expect to be required to produce, or]

(e) interferes with any action taken by a petroleum safety officer to interrupt the flow of oil or gas or to disconnect any part of any petroleum infrastructure, upstream pipeline or plant,

commits an offence.

(11) A person who commits an offence under this section is liable—

(a) on summary conviction to a fine not exceeding€5,000 or a term of imprisonment not exceeding 6 months or to both, or

(b) on conviction on indictment to a fine not exceeding€3,000,000 or a term of imprisonment not exceeding 3 years or to both.]

13X. F278[Emergency direction.

13X.—(1) Where a petroleum safety officer is of the opinion that the condition of any petroleum infrastructure or any part of such infrastructure, or an upstream pipeline or any activity, process or procedure carried on, from or in connection with, such infrastructure or pipeline, poses such a substantial and imminent risk to safety that the activity should be ceased until specified measures have been taken to reduce the risk to a level that is as low as is reasonably practicable, the officer shall immediately inform the Commission.

(2) The Commission, on being informed of the opinion of the petroleum safety officer as respects a matter referred to insubsection (1), may, where it is satisfied that it is necessary to do so for the immediate protection of human life or petroleum infrastructure, issue an emergency direction in writing to the petroleum undertakingF279[, operator or owner]stating that the activity should be ceased immediately and the measures that are required to be taken to reduce the risk to a level that is as low as is reasonably practicable.

(3) If a petroleum undertakingF280[, an operator or owner]fails to comply with the direction undersubsection (2), the Commission may applyex parteto the Court for an order restricting or prohibiting that activity.

(4) The Court may, upon an application undersubsection (3), make such order as it considers appropriate.

(5) An order under this section shall have effect notwithstanding the terms of any permission given under any other enactment for the activity to which the application under this section relates.

(6) On an application by any person for the revocation or variation of an order undersubsection (3), the Commission shall be entitled to be heard.]

13Y. F281[Improvement plan

13Y.—(1) Where the Commission is of the opinion that a petroleum undertaking, operator or owner, or a person under the control or on behalf of that undertaking, operator or owner—

(a) is not operating in accordance with the approved safety case, or in accordance with any conditions of the safety permit issued to that petroleum undertaking, operator or owner,

(b) is not operating in such a manner as to ensure compliance with the duties under sections 13K and 13KA with respect to a petroleum undertaking, or section 13KB with respect to an operator or section 13KC with respect to an owner, or

(c) is contravening, has contravened, is failing to comply with or has failed to comply with any other requirement of this Part,

the Commission may give a direction in writing to the petroleum undertaking, operator or owner concerned requiring it to submit to the Commission, within the time period stated in the direction, a plan (in this Part referred to as an“improvement plan”) specifying the remedial action proposed to be taken by the petroleum undertaking, operator or owner to rectify the matters set down in the direction.

(2) Where an improvement plan is submitted in accordance withsubsection (1)or re-submitted underparagraph (b), the Commission shall, within 30 days, write to the petroleum undertaking, operator or owner—

(a) stating that the Commission is satisfied with the remedial action proposed to be taken, or

(b) where the Commission is not satisfied that the remedial action proposed to be taken is adequate, directing that the plan be revised and re-submitted to the Commission within a specified time period.

(3) The Commission may withdraw a direction under this section at any time before a date specified in the direction or may extend and further extend such date.]

13Z. F282[Improvement notice

13Z.—(1) Where the Commission is of the opinion that—

(a) a petroleum undertaking, operator or owner has failed to comply with a direction undersection 13Yto submit or implement an appropriate improvement plan, or

(b) a petroleum undertaking, operator or owner or a person under the control of, or on behalf of that undertaking, operator or owner—

(i) is not operating in accordance with the accepted safety case, or in accordance with any conditions of the safety permit issued to the undertaking,

(ii) is not operating in such a manner as to ensure compliance with the duties undersections 13Kand13KAwith respect to a petroleum undertaking, orsection 13KBwith respect to an operator or,section 13KCwith respect to an owner, or

(iii) is contravening, has contravened, is failing to comply with or has failed to comply with any other requirement of this Part,

the Commission may serve a written notice (in this Part referred to as an“improvement notice”) on that petroleum undertaking, operator or owner, as the case may be.

(2) An improvement notice shall—

(a) state that the Commission is of the opinion referred to insubsection (1),

(b) state the reasons for that opinion,

(c) where applicable, state that the petroleum undertaking, operator or owner has failed to submit or implement an improvement plan,

(d) direct the petroleum undertaking, operator or owner to remedy the alleged contraventions or the matters occasioning that notice by a date specified in the notice, which shall not be earlier than the period within which an appeal may be brought undersubsection (5),

(e) contain details of the consequences, under this section or undersection 13Q, of a failure to comply with the notice,

(f) include information regarding the making of an appeal undersubsection (5), and

(g) include any other requirement that the Commission considers appropriate.

(3) An improvement notice may include directions as to the measures to be taken to remedy any contravention or matter to which the notice relates or otherwise comply with the notice.

(4) Where the Commission proposes to serve an improvement notice, it shall first notify the petroleum undertaking, operator or owner concerned in writing of its intention to serve the improvement notice and the petroleum undertaking, operator or owner concerned may, within 21 days of such notification, make representations to the Commission, which shall consider them.

(5) Where the Commission, having considered any representations made to it undersubsection (4), serves an improvement notice, the petroleum undertaking, operator or owner aggrieved by such improvement notice may, within the period of 14 days beginning on the day on which the improvement notice is served on it, appeal to the Court against the notice and in determining the appeal the Court may—

(a) if it is satisfied that in the circumstances of the case it is reasonable to do so, confirm the notice with or without modification, or

(b) cancel the notice.

(6) In considering an appeal against an improvement notice, the Court shall take into account the general duties of petroleum undertakings, operators or owners under section 13K.

(7) Where an appeal against an improvement notice is taken, the notice shall, unless cancelled by the Court, take effect on the day next following the day on which the notice is confirmed on appeal or the appeal is withdrawn or on the day specified in the notice as that on which it is to come into effect, whichever is the later.

(8) Where no appeal is taken against an improvement notice, the notice shall take effect on the expiration of the period during which such an appeal may be taken or on the day specified in the notice as that on which it is to come into effect, whichever is the later.

(9) The Commission may withdraw an improvement notice at any time before the date specified in it undersubsection (2) (d)and the Commission may extend or further extend that date at any time when an appeal against the notice is not pending.

(10) A person who fails to comply with an improvement notice served on him or her commits an offence and is liable—

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

(b) on conviction on indictment to a fine not exceeding€3,000,000.]

13AA. F283[Prohibition notice.

13AA.—F284[(1) Where the Commission is of the opinion that an activity being or likely to be, carried on by, under the control of or on behalf of a petroleum undertaking, an operator or an owner involves a substantial risk to safety, the Commission may serve a notice (in this Part referred to as a“prohibition notice”) on that petroleum undertaking, operator or owner.]

(2) A prohibition notice shall—

(a) state that the Commission is of the opinion referred to insubsection (1),

(b) state the reasons for that opinion,

(c) specify the activity, or the infrastructure, in respect of which that opinion is held,

(d) where, in the opinion of the Commission, the matter involves a contravention, or is likely to involve a contravention, of the requirements of this Part, specify the provision or provisions concerned and the reasons for that opinion,

(e) prohibit the carrying on of the activity concerned until the matters which give rise or are likely to give rise to the risk are remedied, and

(f) contain details of the consequences under this section of a failure to comply with the notice.

(3) A prohibition notice may include directions—

(a) as to the measures to be taken to remedy any contravention or matter to which the notice relates or to otherwise comply with the notice, and

(b) to bring the notice to the attention of any person affected by it, or to the attention of the public generally.

(4) A prohibition notice shall take effect—

(a) if the notice so declares, immediately the notice is received by the petroleum undertaking or the person on whom it is served,

(b) if no appeal is taken against the notice, on the expiration of the period during which such an appeal may be taken or on the day specified in the notice as that on which it is to come into effect, whichever is the later, or

(c) in case an appeal is taken (unless the notice is cancelled by the Court) on the day next following the day on which the notice is confirmed on appeal or the appeal is withdrawn or on the day specified in the notice as that on which it is to come into effect, whichever is the later.

(5) The bringing of an appeal against a prohibition notice which is to take effect in accordance withsubsection (4)(a)shall not have the effect of suspending the operation of the notice provided that—

(a) the appellant may apply to the Court to have the operation of the notice suspended until the appeal is disposed of, and

(b) on such application, the Court may, if it thinks proper to do so, direct that the operation of the notice be suspended until the appeal is disposed of.

(6) (a) A petroleum undertakingF285[or an operator or an owner]which is aggrieved by a prohibition notice may, within the period of 7 days beginning on the day on which the notice is served on it, appeal to the Court against the notice and in determining the appeal the Court may—

(i) if it is satisfied that in the circumstances of the case it is reasonable to do so, confirm the notice with or without modification; or

(ii) cancel the notice.

(b) Where on the hearing of an appeal under this section a prohibition notice is confirmed, notwithstandingsubsection (4), the Court by which the appeal is heard may, on the application of the appellant, suspend the operation of the notice for such period as in the circumstances of the case the Court considers appropriate.

F286[(7) In considering an appeal against a prohibition notice, the Court shall take into account the general duties of petroleum undertakings, operators, owners and others.]

(8) The Commission may at any time withdraw a prohibition notice.

F287[(9) A person who fails to comply with a prohibition notice commits an offence and is liable—

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

(b) on conviction on indictment to a fine not exceeding€3,000,000.]]

13AB. F288[Circumstances in which application may be made to Court for immediate suspension of petroleum activities.

13AB.—(1) Where the Commission considers that the risk to the safety of—

(a) human life,

(b) petroleum infrastructure, or

(c) property not in the ownership ofF289[the petroleum undertaking, operator or owner concerned],

is so serious that any of the petroleum activities ofF290[a petroleum undertaking, an operator or owner]should be restricted or should be immediately prohibited until specified measures have been taken to reduce the risk to a level which is as low as is reasonably practicable, the Commission may apply,ex parte, to the Court for an order restricting or prohibiting the activities concerned.

(2) The Court may make such interim or interlocutory order as it considers appropriate, and the Court in considering whether to make the order shall consider whether the elimination or necessary reduction of the risk concerned could be achieved by the issue of an emergency direction or a prohibition notice.

(3) Any such order shall have effect notwithstanding the terms of any permission given under this Act or any other enactment for the carrying on of the activity concerned or, where the order refers to another person, the carrying out of an activity by such person.

(4) On any application for the revocation or variation of an order made undersubsection (1), the Commission shall be entitled to appear, be heard and adduce evidence.]

13AC. F291[Access to safety case information.

F292[13AC.—(1) An operator who has an accepted safety case to which a safety permit relates shall make available a copy of the accepted safety case to any member of the public who requests it.

(2) Notwithstandingsubsection (1), the obligation to make available a copy of an accepted safety case does not extend to releasing any content of an accepted safety case that relates to matters of industrial, commercial or personal confidentiality, public security or defence of the State.

(3) Where an operator proposes to omit any content of an accepted safety case which relates to the matters referred to insubsection (2), he or she shall obtain the prior written consent of the Commission.

(4) (a) An operator who makes available a copy of an accepted safety case is entitled to charge the person who requests it a fee in respect of the making available of that copy, provided that the amount charged by the undertaking does not exceed an amount which is reasonable having regard to the cost of making it available.