Gas Act 1976
Restriction on construction and operation of pipelines by persons other than Board.
F88[40.—(1) A person, including the Board, shall not, without the consent of the Minister for the Marine and Natural Resources, construct or operate an upstream pipeline on, over or under the surface of land or of any sea bed that is situate in the F89[territorial sea of the State (within the meaning of the Maritime Jurisdiction Act 2021)] or a designated area.
(2) The Minister for the Marine and Natural Resources may revoke a consent given by him or her under subsection (1) of this section but such revocation shall not prejudice the validity of anything done previously pursuant to and in accordance with the consent.
(3) Where the Minister for the Marine and Natural Resources gives his or her consent under subsection (1) of this section, he or she shall attach to the consent such conditions, with respect to the construction or operation of the relevant pipeline as he or she considers appropriate, including conditions analogous to all or any of the requirements of subsection (4) of this section.
(4) In case the holder of a consent given under subsection (1) of this section constructs an upstream pipeline the holder shall take all reasonable measures to protect the natural environment and to avoid injuring the amenities of the area and, in particular, and without prejudice to the generality of the foregoing, the holder shall while constructing the upstream pipeline take all reasonable steps to prevent injury to any building, site, flora, fauna, feature or other thing which is of particular architectural, historic, archaeological, geological or natural interest, and when selecting the route for the upstream pipeline the holder shall have regard to any representations made to the holder as regards the route of such upstream pipeline by any local authority within whose functional area a proposed route, or any part of such a route would, if the upstream pipeline were constructed, be situate, or any of the following on, in or over whose land such route or part would in such circumstances be situate, namely—
(a) a harbour authority (within the meaning of the Harbours Act, 1946),
(b) a company (within the meaning of the Harbours Act, 1996),
(c) the Electricity Supply Board or any other electricity undertaker,
(d) Córas Iompair Éireann or any other railway undertaker, or
(e) a natural gas undertaking (other than the holder).
(5) Where the Minister for the Marine and Natural Resources attaches, under subsection (3) of this section, conditions to a consent given under subsection (1) of this section, the person constructing or operating the relevant pipeline shall comply with those conditions.]
Annotations:
Amendments:
F88
Substituted (10.04.2002) by Gas (Interim) (Regulation) Act 2002 (10/2002), s. 12(b), commenced on enactment.
F89
Substituted (22.11.2021) by Maritime Jurisdiction Act 2021 (28/2021), s. 20(3) and sch. 2 item 5, S.I. No. 601 of 2021.
Modifications (not altering text):
C43
Certain functions transferred and references to “Department of Public Enterprise” and “Minister for Public Enterprise” construed (27.07.2001) by Petroleum and Offshore Exploration (Transfer of Departmental Administration and Ministerial Functions) Order 2001 (S.I. No. 389 of 2001), arts. 3, 4 and table, subject to transitional provisions in arts. 5-7.
Note that the Department of the Marine and Natural Resources was most recently renamed as Communications, Climate Action and Environment (23.07.2016) by Communications, Energy and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2016 (S.I. No. 421 of 2016), in effect as per art. 1(2).
3. The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are transferred to the Department of the Marine and Natural Resources.
4. (1) The functions vested in the Minister for Public Enterprise (being the title of that Minister by virtue of the Transport, Energy and Communications (Alteration of Name of Department and Title of Minister) Order, 1997 (S.I. No. 299 of 1997)) by virtue of the Energy (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order, 1993 (S.I. No. 12 of 1993), by or under the provisions of the Gas Act, 1976 (No. 30 of 1976), as amended, which are set out in column (1) of the Table to this article are hereby transferred to the Minister for the Marine and Natural Resources to the extent specified in column (2) of that Table opposite the mention of the section in the said column (1).
(2) References to the Minister for Public Enterprise and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for the Marine and Natural Resources.
|
Column 1 |
Column 2 |
|
Provisions |
Extent of transfer |
|
Sections 4, 6, 8, 27, 31, 32, 40A and Second Schedule |
In so far as they relate to any upstream pipeline network |
|
Section 40 |
In so far as it is not already transferred by the Petroleum and Offshore Exploration (Transfer of Departmental Administration and Ministerial Functions) Order, 2000 (S.I. No. 110 of 2000), and to the extent that it relates to any upstream pipeline network. |
C44
Functions transferred and references construed (12.09.2000) by Petroleum and Offshore Exploration (Transfer of Departmental Administration and Ministerial Functions) Order 2000 (S.I. No. 110 of 2000), arts. 3, 4, in effect as per art. 1(2), subject to transitional provisions in arts. 5-7. Note that the most recent name of the Department for the Marine and Natural Resources and its Minister is Environment, Climate and Communications as provided (24.09.2020) by Communications, Climate Action and Environment (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 373 of 2020).
3. The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are transferred to the Department of the Marine and Natural Resources.
4. (1) The functions vested, by virtue of the Energy (Transfer of Departmental, Administration and Ministerial Functions (No. 2) Order, 1993 ( S.I. No. 12 of 1993 ) in the Minister for Public Enterprise (being the title of that Minister by virtue of the Transport, Energy and Communications (Alteration of Name of Department and Title of Minister Order, 1997 ( S.I. No. 299 of 1997 )), by or under—
(a) section 36 of the Gas Act, 1976 (No. 30 of 1976), and
(b) in so far as it relates to any upstream pipeline network, section 40 of the Gas Act, 1976, as amended by section 3 (2) of the energy (Miscellaneous Provisions) Act, 1995 (No. 35 of 1995),
are transferred by virtue of this Article to the Minister for the Marine and Natural Resources.
(2) References to the Minister for Public Enterprise and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for the Marine and Natural Resources.
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Editorial Notes:
E87
Provisions for costs of proceedings for a consent pursuant to section made (23.08.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), ss. 3, 4, 6, 7, S.I. No. 433 of 2011
E88
Previous affecting provision: section substituted (10.07.2000) by Gas (Amendment) Act 2000 (26/2000), s. 19(1), commenced on enactment; substituted (10.04.2002) as per F-note above.
E89
Previous affecting provision: subs. (1) amended (21.12.1995) by Energy (Miscellaneous Provisions) Act 1995 (35/1995), s. 3(2), commenced on enactment; subsection substituted (10.07.2000) as per E-note above.