Energy (Miscellaneous Provisions) Act 2006
Number 40 of 2006
ENERGY (MISCELLANEOUS PROVISIONS) ACT 2006
REVISED
Updated to 9 January 2023
This Revised Act is an administrative consolidation of the Energy (Miscellaneous Provisions) Act 2006. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including Local Government (Maternity Protection and Other Measures for Members of Local Authorities) Act 2022 (52/2022), enacted 21 December 2022, and all statutory instruments up to and including Planning And Development And Foreshore (Amendment) Act 2022 (Commencement) Order 2023 (S.I. No. 1 of 2023), made 9 January 2023, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number 40 of 2006
ENERGY (MISCELLANEOUS PROVISIONS) ACT 2006
REVISED
Updated to 9 January 2023
ARRANGEMENT OF SECTIONS
Preliminary and General
Section
1. Short title and commencement.
Amendments to Act of 1999
3. Functions of Commission regarding all-island energy market.
4. Functions of Commission regarding electrical safety and regulation of electrical contractors.
5. Licences under Act of 1999.
7. Policy directions to Commission.
10. Amendment of Schedule to Act of 1999.
Natural Gas Safety
11. Amendment of section 2 of Act of 1999.
12. Functions of Commission regarding natural gas safety.
13. Amendment of Act of 1999 relating to gas safety and gas installers.
14. Extension of gas safety provisions to liquefied petroleum gas.
Amendment of Gas Act 1976
15. Amendment of section 2 of Act of 1976.
16. Power of Bord Gáis Éireann to create capital stock.
17. Amendment of section 10A of Act of 1976.
18. Amendment of section 10B of Act of 1976.
Amendment of Gas (Interim) (Regulation) Act 2002
19. Amendment of Gas (Interim) (Regulation) Act 2002.
Amendment of Turf Development Act 1998
20. Increase in borrowing power of Bord na Móna.
Amendment of Act of 2001
Effect of Certain Amendments Made To Planning and Development Act 2000
22. Certain development approvals under Part XI of Planning and Development Act 2000.
Rehabilitation of Mines
23. Interpretation ( Part 9 ).
25. Advances by Minister for mine rehabilitation plans, etc.
26. Mine rehabilitation plan and appointment of local authority as agent of Minister.
28. Power of Minister to acquire lands, etc.
Acts Referred to
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Acquisition of Land (Assessment of Compensation) Act 1919 |
9 & 10 Geo., 5 c. 57 |
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1963, No. 33 |
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1990, No. 14 |
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2001, No. 9 |
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Electricity and Gas Regulation Acts 1999 to 2002 |
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1999, No. 23 |
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1968, No. 18 |
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1933, No. 12 |
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1987, No. 9 |
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2002, No. 10 |
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1976, No. 30 |
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1996, No. 11 |
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Harbours Acts 1946 to 1976 |
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1980, No. 10 |
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Lands Clauses Consolidation Act 1845 |
8 & 9, Vic., c. 18 |
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2001, No. 37 |
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2005, No. 11 |
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Merchant Shipping (Investigation of Marine Casualties) Act 2000 |
2000, No. 14 |
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1965, No. 7 |
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1960, No. 7 |
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2000, No. 30 |
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Planning and Development (Strategic Infrastructure) Act 2006 |
2006, No. 27 |
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2004, No. 27 |
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2002, No. 2 |
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1997, No. 39 |
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1998, No. 26 |
Number 40 of 2006
ENERGY (MISCELLANEOUS PROVISIONS) ACT 2006
REVISED
Updated to 9 January 2023
AN ACT TO AMEND THE LAW RELATING TO ELECTRICITY AND THE REGULATION OF THE ELECTRICITY INDUSTRY AND THE NATURAL GAS INDUSTRY, TO PROVIDE FOR THE ISSUE OF CAPITAL STOCK IN BORD GÁIS ÉIREANN, TO PROVIDE FOR THE AMENDMENT OF THE TURF DEVELOPMENT ACT 1998, TO MAKE PROVISION AS RESPECTS THE EFFECT OF CERTAIN AMENDMENTS OF THE PLANNING AND DEVELOPMENT ACT 2000 MADE BY THE PLANNING AND DEVELOPMENT (STRATEGIC INFRASTRUC-TURE) ACT 2006, TO PROVIDE FOR THE TREATMENT OF LANDS AFFECTED BY MINES AND FORMER MINES BY THE REHABILITATION OF SUCH LANDS AND FOR THE COMPULSORY ACQUISITION OF LANDS FOR THE PURPOSES OF SUCH REHABILITATION AND TO PROVIDE FOR RELATED MATTERS.
[24th December, 2006]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
C1
References to “Bord Gáis Éireann” or “The Irish Gas Board” construed (19.06.2014) by ESB (Electronic Communications Networks) Act 2014 (5/2014), s. 8(1),(2), S.I. No. 286 of 2014.
Change of name of Bord Gáis Éireann to Ervia
8. (1) The name of the body (established by section 7 of the Gas Act 1976 ) the present name of which is, in the Irish language, Bord Gáis Éireann and, in the English language, The Irish Gas Board, shall, on and from such day as the Minister appoints by order, be Ervia.
(2) References in any enactment, statutory instrument, legal proceedings or any other document to Bord Gáis Éireann or The Irish Gas Board shall, on and from the day appointed under subsection (1), be construed as references to Ervia.
C2
Application of Act affected (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), regs. 42(22), 46(3), 63(2) and sch. 2, in effect as per reg. 1(3).
Screening for Appropriate Assessment and Appropriate Assessment of implications for European Sites
42. ...
(22) Notwithstanding any provision of any statute listed in the Second Schedule that provides for the consent for a plan or project to which this Regulation applies to be obtained by default on the failure of the public authority to provide a response within a specified timescale or otherwise, that provision shall not have effect in respect of any plan or project to which this Regulation applies
...
Review of existing plans
46. ...
(3) For the purposes of this Regulation, a decision, including a decision to adopt or undertake, or give approval for a plan, may include those adopted, undertaken or approved pursuant to any of the enactments set out in the Second Schedule to these Regulations.
...
General provisions regarding licences etc
63. ...
(2) A licence, consent, permission, permit, derogation or other authorisation given under these Regulations or under any of the enactments referred to in the Second Schedule may include conditions requiring compliance with any guideline or code of practice issued under Regulation 71 or such provisions thereof as may be specified in the conditions.
...
SECOND SCHEDULE
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Number |
Year |
Short Title/Citation |
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... |
... |
... |
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40 |
2006 |
Energy (Miscellaneous Provisions) Act, 2006 |
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... |
... |
... |
C3
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
...
5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
...
Schedule 1
Enactments
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Part 2
1922 to 2011 Enactments
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Number and Year |
Short Title |
Provision |
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(1) |
(2) |
(3) |
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... |
... |
... |
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No. 40 of 2006 |
Energy (Miscellaneous Provisions) Act, 2006 |
Sections 25 and 28 |
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... |
... |
... |