Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010


Number 11 of 2010


ENERGY (BIOFUEL OBLIGATION AND MISCELLANEOUS PROVISIONS) ACT 2010

REVISED

Updated to 30 June 2016


This Revised Act is an administrative consolidation of the Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010. 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 Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (4/2016), enacted 11 February 2016, and all statutory instruments up to and including European Union (Restrictive Measures concerning Libya) (No. 2) Regulations 2016 (S.I. No. 342 of 2016), made 30 June 2016, 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 11 of 2010


ENERGY (BIOFUEL OBLIGATION AND MISCELLANEOUS PROVISIONS) ACT 2010

REVISED

Updated to 30 June 2016


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 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.

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Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked.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 1999, 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

Energy (Miscellaneous Provisions) Act 2012 (3/2012)

All Acts up to and including Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (4/2016), enacted 11 February 2016, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (Section 3) (Commencement) Order 2012 (S.I. No. 32 of 2012)

Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (Commencement of Certain Provisions) (No. 2) Order 2011 (S.I. No. 280 of 2011)

Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (Commencement of Certain Provisions) Order 2011 (S.I. No. 42 of 2011)

Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (Commencement of Certain Provisions) Order 2010 (S.I. No. 322 of 2010)

All statutory instruments up to and including European Union (Restrictive Measures concerning Libya) (No. 2) Regulations 2016 (S.I. No. 342 of 2016), made 30 June 2016, were considered in the preparation of this revision.


Number 11 of 2010


ENERGY (BIOFUEL OBLIGATION AND MISCELLANEOUS PROVISIONS) ACT 2010

REVISED

Updated to 30 June 2016


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title and commencement.

2. Definition.

PART 2

Biofuel Obligation

3. Biofuel obligation.

PART 3

Amendments to Principal Act

4. Amendment of section 2 (interpretation) of Principal Act.

5. Amendment of section 8 (object and functions of Agency) of Principal Act.

6. Amendment of section 14 (board of directors) of Principal Act.

7. Amendment of section 16 (power to establish subsidiaries) of Principal Act.

8. Amendment of section 18 (power to engage consultants and advisers) of Principal Act.

9. Amendment of section 19 (chief executive (appointment and terms of office)) of Principal Act.

10. Amendment of section 21 (staff of Agency) of Principal Act.

11. Appointment of National Treasury Management Agency to act on behalf of Agency in certain matters.

12. Amendment of section 36 (definitions for Part 5) of Principal Act.

13. Amendment of section 44 (regulations relating to levy) of Principal Act.

14. Amendment of section 45 (definitions for Part 6) of Principal Act.

15. Amendment of section 47 (powers of authorised officers) of Principal Act.

16. Claims for repayment where overpayment in respect of levy or biofuel levy.

17. Amendment of section 63 (burden of proof in certain proceedings) of Principal Act.

18. Amendment of section 64 (prosecution of offences) of Principal Act.

19. Amendment of section 67 (giving of notices) of Principal Act.

PART 4

Miscellaneous Amendments to other Acts

Chapter 1

Amendment of Fuels (Control of Supplies) Act 1971

20. Amendment of section 4 (offences, prosecutions and punishments) of Fuels (Control of Supplies) Act 1971.

Chapter 2

Amendment of Fuels (Control of Supplies) Act 1982

21. Amendment of section 7 (powers of authorised officer to inspect premises, obtain information, etc.) of Fuels (Control of Supplies) Act 1982.

Chapter 3

Amendment of Electricity Regulation Act 1999

22. Definition ( Chapter 3).

23. Amendment of section 2 (interpretation) of Act of 1999.

24. Amendment of section 9 (functions of Commission) of Act of 1999.

25. Amendment of section 9G (gas works) of Act of 1999.

26. Amendment of section 9H (regulations relating to gas safety) of Act of 1999.

27. Amendment of section 9J (gas safety officers) of Act of 1999.

Chapter 4

Amendment of Energy (Miscellaneous Provisions) Act 2006

28. Repeal of section 14 (extension of gas safety provisions to liquefied petroleum gas) of Energy (Miscellaneous Provisions) Act 2006.



Number 11 of 2010


ENERGY (BIOFUEL OBLIGATION AND MISCELLANEOUS PROVISIONS) ACT 2010

REVISED

Updated to 30 June 2016


AN ACT TO FURTHER PROMOTE THE USE OF BIOFUEL IN THE STATE AND FOR THAT PURPOSE TO PROVIDE FOR THE INCREASED SUPPLY OF BIOFUEL IN THE STATE BY MEANS OF A BIOFUEL OBLIGATION REQUIRING THAT A SPECIFIED AMOUNT OF ROAD TRANSPORT FUEL IS BIOFUEL; TO IMPOSE A LEVY ON RELEVANT DISPOSALS OF BIOFUEL; TO CONFER ADDITIONAL FUNCTIONS ON THE NATIONAL OIL RESERVES AGENCY TO ADMINISTER THE BIOFUEL OBLIGATION; TO GIVE EFFECT TO CERTAIN PROVISIONS OF DIRECTIVE 2009/28/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 23 APRIL 2009 ON THE PROMOTION OF THE USE OF ENERGY FROM RENEWABLE SOURCES AND AMENDING AND SUBSEQUENTLY REPEALING DIRECTIVES 2001/77/EC AND 2003/30/EC; FOR THOSE AND OTHER PURPOSES TO AMEND AND EXTEND THE NATIONAL OIL RESERVES AGENCY ACT 2007; TO AMEND THE FUELS (CONTROL OF SUPPLIES) ACT 1971, THE FUELS (CONTROL OF SUPPLIES) ACT 1982, THE ELECTRICITY REGULATION ACT 1999 AND THE ENERGY (MISCELLANEOUS PROVISIONS) ACT 2006 AND TO PROVIDE FOR RELATED MATTERS.

[9 th June, 2010]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: