Gas Act 1976

Number 30 of 1976

GAS ACT 1976

REVISED

Updated to 1 January 2023

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 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 the 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 30 of 1976

GAS ACT 1976

REVISED

Updated to 1 January 2023

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

Gas Acts 1976 to 2009: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Gas (Amendment) Act 2009 (3/2009), s. 2(2). The Acts in this group are:

• Gas Act 1976 (30/1976)

• Gas (Amendment) Act 1980 (35/1980)

• Gas (Amendment) Act 1982 (17/1982)

• Gas (Amendment) Act 1987 (9/1987)

• Gas (Amendment) Act 1993 (7/1993)

• Energy (Miscellaneous Provisions) Act 1995 (35/1995), insofar as it amends the Gas Acts 1976 to 1993

• Gas (Amendment) Act 1998 (17/1998)

• Gas (Amendment) Act 2000 (26/2000), other than ss. 12 to 16

• Gas (Interim) (Regulation) Act 2002 (10/2002), ss. 11, 15, 23(1), (2)

• Gas (Amendment) Act 2009 (3/2009)

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 1972, 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

• Water Services (Amendment) Act 2022 (39/2022)

• Maritime Jurisdiction Act 2021 (28/2021)

• Criminal Justice (Perjury and Related Offences) Act 2021 (13/2021)

• Minerals Development Act 2017 (23/2017)

• Water Services Act 2014 (44/2014)

• Freedom of Information Act 2014 (30/2014)

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

• Local Government Reform Act 2014 (1/2014)

• Gas Regulation Act 2013 (39/2013)

• Water Services Act 2013 (6/2013)

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

• Environment (Miscellaneous Provisions) Act 2011 (20/2011)

• Ministers and Secretaries (Amendment) Act (10/2011)

• Gas (Amendment) Act 2009 (3/2009)

• Energy (Miscellaneous Provisions) Act 2006 (40/2006)

• Planning and Development (Strategic Infrastructure) Act 2006 (27/2006)

• Gas (Interim) (Regulation) Act 2002 (10/2002)

• Sustainable Energy Act 2002 (2/2002)

• Gas (Amendment) Act 2000 (26/2000)

• Gas (Amendment) Act 1998 (17/1998)

• Finance Act 1998 (3/1998)

• Freedom of Information Act 1997 (13/1997)

• Energy (Miscellaneous Provisions) Act 1995 (35/1995)

• Gas (Amendment) Act 1993 (7/1993)

• Gas (Amendment) Act 1987 (9/1987)

• Gas (Amendment) Act 1982 (17/1982)

• Gas (Amendment) Act 1980 (35/1980)

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, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

• European Union (Gas Act 1976) (Environmental Impact Assessment) Regulations 2021 (S.I. No. 174 of 2021)

• European Union (Internal Market in Natural Gas) Regulations 2020 (S.I. No. 83 of 2020)

• Ervia Severance Gratuity Scheme 2017 (S.I. No. 534 of 2017)

• Gas Act 1976 (Appointment of Majority-Shareholding Minister) Order 2015 (S.I. No. 535 of 2015)

• European Communities (Internal Market in Natural Gas and Electricity) (Amendment) Regulations 2015 (S.I. No. 16 of 2015)

• European Union (Access to Review of Decisions for Certain Bodies or Organisations promoting Environmental Protection) Regulations 2014 (S.I. No. 352 of 2014)

• European Union (Environmental Impact Assessment) (Gas) Regulations 2012 (S.I. No. 403 of 2012)

• European Communities (Internal Market in Natural Gas and Electricity) Regulations 2011 (S.I. No. 630 of 2011)

• 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)

• European Communities (Public Participation) Regulations 2010 (S.I. No. 352 of 2010)

• European Communities (Internal Market in Natural Gas) (BGE) Regulations 2005 (S.I. No. 760 of 2005)

• European Communities (Internal Market in Natural Gas) Regulations 2005 (S.I. No. 320 of 2005)

• European Communities (Internal Market in Natural Gas) (No. 2) Regulations 2004 (S.I. No. 452 of 2004)

• European Communities (Internal Market in Natural Gas) Regulations 2004 (S.I. No. 426 of 2004)

• Gas Act 1976 (Section 10A(1)(E)) (Annual Rate of Consumption) Regulations 2002 (S.I. No. 545 of 2002)

• Gas (Interim)(Regulation) Act 2002 (Criteria For Determination of Consents) Regulations 2002 (S.I. No. 264 of 2002)

• European Communities (Internal Market in Natural Gas) (Compulsory Acquisition) Regulations 2001 (S.I. No. 517 of 2001)

• Petroleum and Offshore Exploration (Transfer of Departmental Administration and Ministerial Functions) Order 2001 (S.I. No. 389 of 2001)

• Petroleum and Offshore Exploration (Transfer of Departmental Administration and Ministerial Functions) Order 2000 (S.I. No. 110 of 2000)

• European Communities (Environmental Impact Assessment) (Amendment) Regulations 1999 (S.I. No. 93 of 1999)

• European Communities (Environmental Impact Assessment) (Amendment) Regulations 1998 (S.I. No. 351 of 1998)

• Gas Act, 1976 (Section 40A) (Exemption) Order 1993 (S.I. No. 166 of 1993)

• Gas Act, 1976 (Section 9) (Establishment of Subsidiaries) Order 1990 (S.I. No. 178 of 1991)

• Gas Act 1976 (Sections 4 and 40A) Regulations 1990 (S.I. No. 51 of 1990)

• European Communities (Environmental Impact Assessment) Regulations 1989 (S.I. No. 349 of 1989)

• Public Service (Transfer of Departmental Administration and Ministerial Functions) Order 1987 (S.I. No. 81 of 1987)

• Energy (Transfer of Departmental Administration and Ministerial Functions) Order 1980 (S.I. No. 9 of 1980)

• Energy (Transfer of Departmental Administration and Ministerial Functions) Order 1977 (S.I. No. 295 of 1977)

• Gas Act, 1976 (Establishment Day) Order 1976 (S.I. No. 209 of 1976)

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 revision.

Number 30 of 1976

GAS ACT 1976

REVISED

Updated to 1 January 2023

ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section
1.	Short title and commencement.
2.	Interpretation.
3.	Establishment day.
4.	Regulations.
5.	Service of notices, etc.
6.	Expenses.

PART II

Bord Gáis Éireann

Irish Gas Board

7.	Bord Gáis Éireann Irish Gas Board.
7A.	Definitions.
7B.	Power to create and issue capital stock.
7C.	Exercise of powers by Ministers in respect of capital stock.
7D.	Conversion of capital stock into company shares.
7E.	Arrangements relating to rights and obligations relating to capital stock.
7F.	Power of Board to establish approved scheme.
7G.	Payment of dividend into Exchequer.
8.	Functions of Board.
8A.	Extension of powers of Bord Gáis Éireann to effect certain commercial transactions.
9.	Conferring of additional functions on Board.
10.	Board to cover outgoings and earn reasonable return on capital.
10A.	Transmission of natural gas by pipeline operators on behalf of other persons - role of Commission.
10B.	Transmission of natural gas by pipeline operators on behalf of other persons - role of Minister for Agriculture and Natural Resources.
10C.	Technical agreements must be compatible with European Union law, etc.
10D.	Negotiations with third country.
11.	Directions as to profits and financial objectives of Board.
12.	Contracts by Board.
13.	Disclosure by member of Board of interest in proposed contract.
14.	Annual report and information to Minister.
15.	Accounts and audits.
16.	Staff of Board.
16A.	Superannuation of transferred employees of Bord Gáis Éireann.
17.	Consultants and advisers.
18.	Superannuation of officers and servants of Board.
19.	Membership of either House of the Oireachtas of officers or servants of Board.
20.	Disclosure of information.
21.	Board's capital commitments.
22.	Advances to Board by Minister for Finance.
23.	Borrowing by Board for capital purposes.
24.	Temporary borrowing by Board.
25.	State guarantee of borrowings by Board for capital purposes.
26.	Entry on land by Board.
27.	Powers of Board in relation to the construction, maintenance and repair of pipelines.
28.	Restriction on compulsory acquisition etc. of land held by Board and certain rights over or in respect of land.
29.	Disposal etc. by Board of mineral rights restricted.
30.	Board may make certain bye-laws.

PART III

Deviations, Acquisition Orders and Compensation

31.	Deviations.
32.	Acquisition order.
33.	Compensation.

PART IV

Bord Gáis Éireann Teoranta

34.	Entry on land by Company.
35.	Dissolution of Company and transfer of its property, etc.

PART V

Miscellaneous

36.	Minister for Industry and Commerce to consult Minister as regards certain applications to him under certain licences and leases.

37.	Certain gas to be offered for sale to Board. (Repealed)
38.	Safety Regulations.
39.	Extinguishment of public right of way.
39A.	Construction of pipelines.
39B.	Non-Application of certain declarations, Regulations in respect of pipelines where environmental impact assessment, appropriate assessment required.
40.	Restriction on construction and operation of pipelines by persons other than Board.
40A.	Environmental impact assessment of certain pipelines.
40B.	Environmental impact assessment.
40C.	Environmental Assessment Unit.
40D.	Compliance with environmental conditions, enforcement etc.
40E.	Monitoring etc. by Commission, Environmental Assessment Unit, provision of information concerning compliance with environmental conditions etc.
40F.	Power to direct action to ensure compliance with condition.
40G.	Offence - furnishing of information, making statement etc.
40H.	Offence by body corporate.
40I.	Appointment of authorised officers.
40J.	Recovery of costs, expenses.
40K.	Summary proceedings.
41.	Savers.

PART VI

Amendments

42.	Section 89 of Local Government (Planning and Development) Act, 1963, not to apply to certain pipelines.
43.	Amendment of section 72 of Registration of Title Act, 1964.
44.	Amendment of section 1 of Fuels (Control of Supplies) Act, 1971.

FIRST SCHEDULE

Irish Gas Board

SECOND SCHEDULE

Acquisition Orders

Acts Referred to
Petroleum and Other Minerals Development Act, 1960	1960, No. 7.
Continental Shelf Act, 1968	1968, No. 14.
Harbours Act, 1946	1946, No. 9.
Local Government Act, 1941	1941, No. 23.
Companies Act, 1963	1963, No. 33.
Local Government Act, 1946	1946, No. 24.
Minerals Development Act, 1940	1940, No. 31.
Registration of Title Act, 1964	1964, No. 16
Finance Act, 1895	1895, c. 16.
Arbitration Act, 1954	1954, No. 26.
Fuels (Control of Supplies) Act, 1971	1971, No. 3.
Superannuation Act, 1859	1859, sess. 1, c. 26.
Public Offices Fees Act, 1879	1879. c. 58.
Working Classes Act, 1890	1890, c. 72.

Number 30 of 1976

GAS ACT 1976

REVISED

Updated to 1 January 2023

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):

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.

...

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.

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,

...

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.

...

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.

...

Gas Acts 1976 to 2002

...

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.

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.

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:

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.

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.

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.

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Gas Act 1976