Gas Act 1976
Acquisition order.
32. — (1) The Board may apply to the Minister for an order under this section (which order is in this Act referred to as an “ acquisition order ”) to acquire compulsorily any land or right over land which,
(a) is required by the Board for or in connection with the performance of any function of the Board,
(b) is required in connection with the provision by a person, other than the Board, of a pipeline by means of which it is intended to supply natural gas to the Board,
(c) is required in connection with the provision by the Board for another person of a pipeline by means of which it is intended to supply natural gas, otherwise than by the Board, only to that person,
and, subject to the following provisions of this section the Minister may make an acquisition order in relation to the land or right over land.
F90[(1A) (a) A person may apply to the appropriate Minister of the Government for an order under this section (which order is in this Act also referred to as an "acquisition order") to acquire compulsorily any land or right over land which is required by such person in connection with the construction or operation of a pipeline for which such person applies or has applied for a consent under section 39A or 40 of this Act, as the case may be, and, subject to the following provisions of this section, the appropriate Minister of the Government may make an acquisition order in relation to the land or right over the land.
(b) In this subsection “appropriate Minister of the Government” means—
(i) in the case of an upstream pipeline, the Minister for the Marine and Natural Resources, and
(ii) in any other case, the Minister.]
(2) The provisions of the Second Schedule to this Act shall have effect as regards an acquisition order and any application for such an order.
(3) Before making an acquisition order the Minister shall consult the F90[Minister for Agriculture, Food and Rural Development] and also such other Minister of State, if any, as appears to him to be concerned.
(4) Where the Minister makes an acquisition order the following provisions shall have effect:
(a) in case the order is made in relation to land to be acquired by the Board, subject to such restrictions and other terms and conditions (if any) as the Minister specifies pursuant to Article 8 of the Second Schedule to this Act, the order shall without further assurance vest in the Board the estate or interest specified in the order in such land free from all rights (including any public right other than a public right of way) charges, burdens or other incumbrances or interests and from the claims of all persons who are interested in the said estate or interest in the land, whether in respect of incumbrances or interests therein or otherwise howsoever, other than—
(i) in case the land is subject to a State annuity and is vested by the order in the Board in fee simple, that State annuity,
(ii) such burdens (if any) as are specified in the order,
(b) in case the order is made in relation to a right over land other than a public right of way, the order shall, subject to such restrictions and provisions (if any) as the Minister so specifies, operate to grant or transfer to the Board the right, or interest in such a right, specified in the order, free from all claims and all other rights of any persons who are interested in that interest,
(c) in case the order is made in relation to a public right of way, the order shall operate to extinguish the public right of way.
(5) In addition to complying with the requirements of subsection (3) of this section, the Minister shall, before making an acquisition order, comply with the following requirements, namely;
(a) in case an acquisition order is to provide for the acquisition by the Board of land held by a local authority, a railway undertaker other than Córas Iompair Éireann, a gas undertaker other than the Board, a harbour authority, or an electricity undertaker other than the Electricity Supply Board, the order shall be so made only if the Minister is satisfied that the making of the order is in the public interest,
(b) in case the order is to provide for the extinguishment of a public right of way, the order shall not be so made until the Minister has caused an oral hearing to be held concerning the proposed extinguishment and has considered any objections or representations to the proposed extinguishment duly made and not withdrawn and the report of the person who held the hearing.
(6) Where an acquisition order vests land in the Board,
(a) the order shall operate, as on and from the date thereof, to transfer and attach to the amount paid by the Board to a person as compensation all estates, trusts and incumbrances subsisting in respect of the interest of the person in the land immediately before the date of the order, and
(b) the said amount shall as respects any rights or claims existing immediately before the date of the order, to or against the said interest, represent that interest for all purposes.
(7) Where land the ownership of which is registered under the Registration of Title Act, 1964, becomes vested in the Board in fee simple by virtue of an acquisition order, the registering authority under that Act shall, upon production of a copy of the order under the official seal of the Minister, register the Board in the appropriate register maintained under that Act as owner (within the meaning of that Act) of the land and the authority shall in addition cause such other alterations (if any) to be made in the appropriate such register as are appropriate having regard to the terms of the order.
(8) An acquisition order shall have attached thereto a map or plan showing the land to which the order relates (which map or plan, when so attached, shall form part of the order).
(9) The Minister may by order amend an acquisition order and any references to an acquisition order in this section, apart from this subsection, or in the Second Schedule to this Act shall be construed as including references to an order under this subsection.
(10) In this section “ pipeline ” includes a pipeline terminal.
Annotations
Amendments:
F90
Substituted (10.04.2002) by Gas (Interim) (Regulation) Act 2002 (10/2002), s. 23(1)(g)(i), (ii), commenced on enactment.
Modifications (not altering text):
C30
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).]
C31
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 32 (insofar as the functions relate to the provision of distribution or transmission pipelines) |
||
|
... |
... |
... |
...
C32
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. |
C33
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:
E93
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.
E94
Previous affecting provision: subs. (1A) substituted (15.11.2001) by European Communities (Internal Market in Natural Gas) (Compulsory Acquisition) Regulations 2001 (S.I. No. 517 of 2001), reg. 2; substituted (10.04.2002) as per F-note above.
E95
Previous affecting provision: subs. (1A) inserted (10.07.2000) by Gas (Amendment) Act 2000 (26/2000), s. 20(5), commenced on enactment; substituted (15.11.2001) as per E-note above.