Energy (Miscellaneous Provisions) Act 2006


Number 40 of 2006


ENERGY (MISCELLANEOUS PROVISIONS) ACT 2006

REVISED

Updated to 26 July 2017


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 National Shared Services Office Act 2017 (26/2017), enacted 26 July 2017, and all statutory instruments up to and including Appointment of Special Adviser (Minister for Rural and Community Development) Order 2017 (S.I. No. 388 of 2017), made 26 July 2017, 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 26 July 2017


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was first passed.

Related legislation

This Act is not collectively cited with any other Act.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions. A version without annotations, showing only textual amendments, is also available.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1993, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Minerals Development Act 2017 (23/2017)

ESB (Electronic Communications Networks) Act 2014 (5/2014)

Local Government Reform Act 201 4 (1/2014)

Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (11/2010)

Electricity Regulation (Amendment) (Single Electricity Market) Act 2007 (5/2007)

All Acts up to and including National Shared Services Office Act 2017 (26/2017), enacted 26 July 2017, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Energy (Miscellaneous Provisions) Act 2006 (section 28(4)) Regulations 2013 (S.I. No. 155 of 2013)

European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

Energy (Miscellaneous Provisions) Act 2006 (Commencement of Section 6) Order 2009 (S.I. No. 298 of 2009)

Energy (Miscellaneous Provisions) Act 2006 (Section 13) (Commencement of Remaining Provisions) Order 2009 (S.I. No. 238 of 2009)

Energy (Miscellaneous Provisions) Act 2006 (Commencement of Certain Provisions) Order 2008 (S.I. No. 68 of 2008)

Energy (Miscellaneous Provisions) Act 2006 (Commencement of Section 19) Order 2007 (S.I. No. 292 of 2007)

Energy (Miscellaneous Provisions) Act 2006 (Commencement of Section 8) Order 2007 (S.I. No. 266 of 2007)

All statutory instruments up to and including Appointment of Special Adviser (Minister for Rural and Community Development) Order 2017 (S.I. No. 388 of 2017), made 26 July 2017, were considered in the preparation of this revision.


Number 40 of 2006


ENERGY (MISCELLANEOUS PROVISIONS) ACT 2006

REVISED

Updated to 26 July 2017


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title and commencement.

2. Definitions.

PART 2

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.

6. Combined heat and power.

7. Policy directions to Commission.

8. Interconnectors.

9. Emergency measures.

10. Amendment of Schedule to Act of 1999.

PART 3

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.

PART 4

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.

PART 5

Amendment of Gas (Interim) (Regulation) Act 2002

19. Amendment of Gas (Interim) (Regulation) Act 2002.

PART 6

Amendment of Turf Development Act 1998

20. Increase in borrowing power of Bord na Móna.

PART 7

Amendment of Act of 2001

21. Amendment of Act of 2001.

PART 8

Effect of Certain Amendments Made To Planning and Development Act 2000

22. Certain development approvals under Part XI of Planning and Development Act 2000.

PART 9

Rehabilitation of Mines

23. Interpretation ( Part 9 ).

24. Mine rehabilitation plan.

25. Advances by Minister for mine rehabilitation plans, etc.

26. Mine rehabilitation plan and appointment of local authority as agent of Minister.

27. Power of entry.

28. Power of Minister to acquire lands, etc.

29. Recovery of expenditure on mine rehabilitation plan.

30. Scope of Part 9 .

SCHEDULE


Acts Referred to

Acquisition of Land (Assessment of Compensation) Act 1919

9 & 10 Geo., 5 c. 57

Companies Act 1963

1963, No. 33

Derelict Sites Act 1990

1990, No. 14

Electricity (Supply) (Amendment) Act 2001

2001, No. 9

Electricity and Gas Regulation Acts 1999 to 2002

Electricity Regulation Act 1999

1999, No. 23

Fishery Harbour Centres Act 1968

1968, No. 18

Foreshore Act 1933

1933, No. 12

Gas (Amendment) Act 1987

1987, No. 9

Gas (Interim) (Regulation) Act 2002

2002, No. 10

Gas Act 1976

1976, No. 30

Harbours Act 1996

1996, No. 11

Harbours Acts 1946 to 1976

Landlord and Tenant (Amendment) Act 1980

1980, No. 10

Lands Clauses Consolidation Act 1845

8 & 9, Vic., c. 18

Local Government Act 2001

2001, No. 37

Maritime Safety Act 2005

2005, No. 11

Merchant Shipping (Investigation of Marine Casualties) Act 2000

2000, No. 14

Mines and Quarries Act 1965

1965, No. 7

Petroleum and Other Minerals Development Act 1960

1960, No. 7

Planning and Development Act 2000

2000, No. 30

Planning and Development (Strategic Infrastructure) Act 2006

2006, No. 27

Residential Tenancies Act 2004

2004, No. 27

Sustainable Energy Act 2002

2002, No. 2

Taxes Consolidation Act 1997

1997, No. 39

Turf Development Act 1998

1998, No. 26


Number 40 of 2006


ENERGY (MISCELLANEOUS PROVISIONS) ACT 2006

REVISED

Updated to 26 July 2017


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.

[24 th 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

Number

Year

Short Title/Citation

...

...

...

40

2006

Energy (Miscellaneous Provisions) Act, 2006

...

...

...

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

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 40 of 2006

Energy (Miscellaneous Provisions) Act, 2006

Sections 25 and 28

...

...

...