Gas Act 1976
Deviations.
31. — (1) Where deviation limits are confirmed by the Minister pursuant to Article 9 of the Second Schedule to this Act, in providing the relevant pipeline it shall be lawful for the Board in any place situate within those deviation limits, as so confirmed, without notice,
(a) to construct the pipeline, or
(b) to do anything reasonably necessary for or ancillary or incidental to such construction (whether or not the relevant pipeline is being constructed within such deviation limits) and when constructed to maintain, repair or replace such pipeline and do anything reasonably necessary for or ancillary or incidental to such maintaining, repairing or replacing;
provided that either the owner of the land in, on or over which the pipeline is constructed or the thing is done has been served with a notice under Article 3 (2) of the said Second Schedule, or a permission under this section has been obtained by the Board which relates to the land.
(2) In case the Board proposes to exercise its powers under subsection (1) of this section as regards land and the owner thereof has not been served with a notice under Article 3 (2) of the Second Schedule to this Act, the Board may apply in writing to the Minister for a permission under this section and in case the name and address of the person who is such owner can be ascertained by reasonable inquiry, the Board shall serve on the person a notice stating—
(a) that the Board has made an application to the Minister to exercise its powers under subsection (1) of this section as regards the land,
(b) that objections and representations can be made to the Minister regarding the proposal (which representations and objections are hereby authorised to be made),
(c) that such objections or representations may be made within the period of three weeks commencing on the date of the notice,
(d) that copies of the relevant documents deposited pursuant to the said Second Schedule with the Minister may be inspected at any reasonable hour during the said period, and
(e) the place or places at which such documents may be so inspected.
(3) Where an application for a permission is made under this section to the Minister and the Minister is of opinion, having regard to any representations and any objection duly made under this section and not withdrawn, that the application should be allowed, and in case a notice under subsection (2) of this section has not been served, that the name and address of the person who is the owner of the land concerned cannot be ascertained by the Board by reasonable inquiry, the Minister may grant a permission under this section and the permission shall operate—
(a) to permit the Board without notice—
(i) to construct a pipeline,
(ii) to do anything reasonably necessary for or ancillary or incidental to such construction (whether or not the relevant pipeline is being constructed in, on or over such land),
and when constructed to maintain, repair or replace such pipeline and to do anything reasonably necessary for or ancillary or incidental to such maintaining, repairing or replacing in, on or over the land to which the application relates, and
(b) if need be, to grant to the Board for such pipeline a wayleave in, on or over such land.
(4) As regards an application for a permission under this section, a person on whom a notice is served under this section may at any reasonable hour during the period specified in the notice inspect, or cause to be inspected on his behalf, any document which is a document referred to in subsection (2) (d) of this section.
Annotations
Modifications (not altering text):
C26
Certain functions transferred by Planning and Development Act 2000 (30/2000), s. 215A, as inserted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 37, S.I. No. 684 of 2006.
[Transfer of certain Ministerial functions under Gas Act 1976 to Board.
215A.— (1) The functions of—
(a) the Minister for Communications, Marine and Natural Resources,
(b) any other Minister of the Government, or
(c) the Commission for Energy Regulation,
under sections 31 and 32 of, and the Second Schedule to, the Gas Act 1976, as amended, in relation to the compulsory acquisition of land in respect of a strategic gas infrastructure development are transferred to, and vested in, the Board, and relevant references in that Act to the Minister for Communications, Marine and Natural Resources, any other Minister of the Government or the Commission for Energy Regulation shall be construed as references to the Board and any connected references shall be construed accordingly.
(2) The transfer of the functions of the Minister for Communications, Marine and Natural Resources, any other Minister of the Government or the Commission for Energy Regulation to the Board in relation to the compulsory acquisition of land in accordance with subsection (1) shall include the transfer of all necessary ancillary powers in relation to deviation limits, substrata of land, easements, rights over land (including wayleaves and public rights of way), rights of access to land, the revocation or modification of planning permissions or other such functions as may be necessary in order to ensure that the Board can fully carry out its functions in relation to the enactments referred to in subsection (1).
(3) Article 5 of the Second Schedule to the Gas Act 1976 shall not apply in respect of the function of compulsory acquisition transferred to the Board under subsection (1).]
C27
Functions transferred and references construed (10.04.2002) by Gas (Interim) (Regulation) Act 2002 (10/2002), s. 7(1), (2), (7) and sch., commenced on enactment, subject to transitional provisions in subss. (3)-(6).
Transfer of functions from Minister to Commission.
7.—(1) The administration and business in connection with the exercise, performance or execution of any of the functions transferred by subsection (2) are transferred on the appointed day to the Commission.
(2) The functions vested in the Minister by or under each of the provisions mentioned in column (3) of the Schedule to this Act of the enactments mentioned in column (2) opposite the mention of that provision are transferred to the Commission on the appointed day.
...
(7) References to the Minister in an Act or an instrument (including a licence granted or consent given thereunder) relating to any functions transferred by this Act to the Commission shall be construed, on and after the appointed day, as references to the Commission.
...
SCHEDULE
Section 7.
Functions under Acts transferred from Minister to Commission
|
Number and Uear |
Short Title |
Section |
|
(1) |
(2) |
(3) |
|
No. 30 of 1976 |
Gas Act 1976 |
... |
|
Section 31 (insofar as the functions relate to the provision of distribution or transmission pipelines) |
||
|
... |
... |
... |
...
C28
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.
|
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. |
C29
Application of section, other than subs. (1A), extended with modifications (10.07.2000) by Gas (Amendment) Act 2000 (26/2000), s. 20(1)-(3), commenced on enactment; as amended (10.04.2002) by Gas (Interim) (Regulation) Act 2002 (10/2002), s. 23(6)(b)(i)-(iii), commenced on enactment.
Conferral of powers of compulsory acquisition, etc. under Principal Act on certain persons.
20.— (1) In this section, “relevant person” means—
[(a) save to the extent that this section has application to section 26 of the Principal Act, a person—
(i) in respect of whom the Minister has, prior to the appointed day (within the meaning of section 2 of the Gas (Interim) (Regulation) Act, 2002), imposed a requirement under section 40(2) of the Principal Act,
(ii) who, prior to the aforementioned day, has obtained the consent of the Minister under section 40(1) of the Principal Act,
(iii) who, from the aforementioned day, has obtained the consent of the Commission under section 39A(1) of the Principal Act, or
(iv) who, from the aforementioned day, has obtained the consent of the Minister for the Marine and Natural Resources under section 40(1) of the Principal Act,
in relation to the construction, or construction and operation of a pipeline, as the case may be,]
...
(2) The powers conferred by the provisions of the Principal Act referred to in subsection (3) shall, in addition to being exercisable by the Board, be exercisable by a relevant person and those provisions [, other than section 26(1A),] shall otherwise apply to such a person as they apply to the Board and, accordingly, on and from the passing of this Act, each reference in those provisions to the Board shall be construed as including a reference to a relevant person.
(3) The provisions of the Principal Act mentioned in subsection (2) are: sections 26, 27 and 31, section 32 (other than subsection (1) or subsection (1A) (inserted by this section)), section 33 and the Second Schedule.
Editorial Notes:
E92
Previous affecting provision: references to the "Board" construed as referring to the "ITO" (1.12.2011) by European Communities (Internal Market in Natural Gas and Electricity) Regulations 2011 (S.I. No. 630 of 2011), reg. 38(2)(a)(iv), in effect as per regs. 1(2) and 12; revoked (19.01.2015) by European Communities (Internal Market in Natural Gas and Electricity) (Amendment) Regulations 2015 (S.I. No. 16 of 2015), reg. 29(1)(d). Note: notice in accordance with European Communities (Internal Market in Natural Gas and Electricity) Regulations 2011 (S.I. No. 630 of 2011), reg. 12 appears not to have been published.