Gas Act 1976
Number 30 of 1976
GAS ACT 1976
REVISED
Updated to 1 June 2024
This Revised Act is an administrative consolidation of the Gas Act 1976. 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 the Employment (Collective Redundancies and Miscellaneous Provisions) and Companies (Amendment) Act 2024 (14/2024), enacted 9 May 2024, and all statutory instruments up to and including the Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 6) (Carer’s Benefit and Carer’s Allowance – Earnings Disregard) Regulations 2024 (S.I. No. 275 of 2024), made 31 May 2024, 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 30 of 1976
GAS ACT 1976
REVISED
Updated to 1 June 2024
ARRANGEMENT OF SECTIONS
Preliminary and General
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Section |
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Bord Gáis Éireann
Irish Gas Board
Deviations, Acquisition Orders and Compensation
Bord Gáis Éireann Teoranta
Miscellaneous
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Restriction on construction and operation of pipelines by persons other than Board. |
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Amendments
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Section 89 of Local Government (Planning and Development) Act, 1963, not to apply to certain pipelines. |
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Amendment of section 1 of Fuels (Control of Supplies) Act, 1971. |
Irish Gas Board
Acquisition Orders
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Acts Referred to |
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1960, No. 7. |
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1968, No. 14. |
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1946, No. 9. |
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1941, No. 23. |
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1963, No. 33. |
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1946, No. 24. |
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1940, No. 31. |
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1964, No. 16 |
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Finance Act, 1895 |
1895, c. 16. |
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1954, No. 26. |
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1971, No. 3. |
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Superannuation Act, 1859 |
1859, sess. 1, c. 26. |
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Public Offices Fees Act, 1879 |
1879. c. 58. |
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Working Classes Act, 1890 |
1890, c. 72. |
Number 30 of 1976
GAS ACT 1976
REVISED
Updated to 1 June 2024
AN ACT TO MAKE PROVISION WITH RESPECT TO GAS SUPPLY AND FOR THAT PURPOSE TO ESTABLISH A BODY TO BE KNOWN IN THE IRISH LANGUAGE AS BORD GAIS EIREANN AND IN THE ENGLISH LANGUAGE AS THE IRISH GAS BOARD AND TO DEFINE ITS FUNCTIONS, TO MAKE CERTAIN PROVISIONS TO ENABLE THAT BODY TO ACQUIRE LAND AND CERTAIN RIGHTS RELATING TO LAND, TO AMEND CERTAIN ENACTMENTS AND TO MAKE OTHER PROVISIONS CONNECTED WITH THE FOREGOING. [19th July, 1976]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
C1
Functions transferred and references to "Ervia" construed (1.06.2024) by Gas (Amendment) and Miscellaneous Provisions Act 2024 (11/2024), s. 11, S.I. 208 of 2024.
Transfer day
6. (1) The Minister shall by order appoint a day to be the transfer day for the purposes of this Act.
(2) On and from the transfer day Ervia (in this Act referred to as the “dissolved body”) shall stand dissolved.
...
Transfer of functions
11. (1) On the transfer day, all functions that, immediately before the transfer day, were vested in the dissolved body shall stand vested in Gas Networks Ireland.
(2) References in any enactment (other than this Act) or other document to the dissolved body, to the extent that such references relate to functions, assets, rights or liabilities that are vested in, or transferred to, Gas Networks Ireland by this Act shall, on and from the transfer day, be construed as references to Gas Networks Ireland.
(3) The administration and business in connection with the performance of the functions vested in Gas Networks Ireland by virtue of subsection (1) are on the transfer day transferred to Gas Networks Ireland.
(4) References in any enactment (other than this Act) to the dissolved body, to the extent that such references relate to the administration and business transferred by subsection (3) shall, on and from the transfer day, be construed as references to Gas Networks Ireland.
C2
Application of collectively cited Gas Acts restricted (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), reg. 42(22), 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.
...
C3
Certain authorisations etc. continued in force (20.07.2004) by European Communities (Internal Market in Natural Gas) (No. 2) Regulations 2004 (S.I. No. 452 of 2004), reg. 3.
Saver
3. An authorisation, application, licence, designation, decision, determination, direction, consent, notice, notification, order or regulation made, granted or issued under the Gas Act 1976, the Act of 1999 or the Act of 2002 in force immediately before the making of these Regulations continues in force after such making as if made, granted or issued under the Act concerned as amended by these Regulations.
C4
Functions transferred and references to “Department of Public Enterprise” and “Minister for Public Enterprise” construed (18.06.2002) by Communications, Energy and Geological Survey of Ireland (Transfer of Departmental Administration and Ministerial Functions) Order 2002 (S.I. No. 300 of 2002), arts. 3, 4, and sch. part 1, in effect as per art. 1(2), subject to transitional provisions in arts. 5-9.
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. (1) 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.
(2) References to the Department of Public Enterprise contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of the Marine and Natural Resources.
4. (1) The functions vested in the Minister for Public Enterprise -
(a) by or under any of the enactments or the provisions of the enactments mentioned in Part 1 of the Schedule to this Order,
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are transferred to the Minister for the Marine and Natural Resources.
(2) References to the Minister for Public Enterprise contained in any Act or instrument made thereunder 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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SCHEDULE
PART 1.
Enactments and provisions of enactments, functions under which are transferred from the Minister for Public Enterprise to the Minister for the Marine and Natural Resources.
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Gas Acts 1976 to 2002
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C5
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.
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Column 1 |
Column 2 |
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Provisions |
Extent of transfer |
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Sections 4, 6, 8, 27, 31, 32, 40A and Second Schedule |
In so far as they relate to any upstream pipeline network |
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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. |
C6
Application of collectively cited Gas Acts restricted (21.12.1995) by Energy (Miscellaneous Provisions) Act 1995 (35/1995), s. 27, commenced on enactment.
Saving as respects the provisions of the Foreshore Acts, 1933 and 1992.
27.—Nothing in the Gas Acts, 1976 to 1995, or the Petroleum and Other Minerals Development Acts, 1960 and 1995, shall prejudice the provisions of the Foreshore Acts, 1933 and 1992.
Editorial Notes:
E1
Previous affecting provision: functions transferred and references to “Department of Public Service” and “Minister for Public Service” construed (19.03.1987) by Public Service (Transfer of Departmental Administration and Ministerial Functions) Order 1987 (S.I. No. 81 of 1987), arts. 3, 4(1)(a), and sch., subject to transitional provisions in arts. 5-9; superseded as per C-notes above.
E2
Previous affecting provision: functions transferred and references to “Department of Industry, Commerce and Energy” and “Minister for Industry, Commerce and Energy” construed (22.01.1980) by Energy (Transfer of Departmental Administration and Ministerial Functions) Order 1980 (S.I. No. 9 of 1980), arts. 3, 4, and sch. part 1, in effect as per art. 1(2), subject to transitional provisions in arts. 5-9; superseded as per E-note above.
E3
Previous affecting provision: functions transferred and references to “Department of Public Enterprise” and “Minister for Transport and Power” construed (13.09.1977) by Energy (Transfer of Departmental Administration and Ministerial Functions) Order 1977 (S.I. No. 295 of 1977), arts. 3, 4, and sch. part 1, in effect as per art. 2, subject to transitional provisions in arts. 5-9; superseded as per E-note above.