C39

Criteria for determination of an application for a consent under section prescribed (4.06.2002) by Gas (Interim) (Regulation) Act 2002 (Criteria for Determination of Consents) Regulations 2002 (S.I. No. 264 of 2002), reg. 2; as amended (19.10.2012) by European Union (Environmental Impact Assessment) (Gas) Regulations 2012 (S.I. No. 403 of 2012), reg. 3.

2.   The criteria in accordance with which an application for a consent given under section 39A(1) (inserted by section 12 (1)(a) of the Gas (Interim)(Regulation Act 2002 ) of the Gas Act 1976 may be determined by the Commission are that the Commission is satisfied that -

a)   if it grants the consent, no activity carried out under it will adversely affect the safety and security of the natural gas systems,

b)   the applicant will comply with any code of operations in so far as it is applicable to the applicant and, at the relevant times, will have the capability of doing so,

[c) the applicant has complied with the requirements of sections 40A and 40B of the Gas Act 1976 (No. 30 of 1976) in relation to the proposed construction of the pipeline to which the application relates,]

d)   the pipeline to which the application relates will be constructed and commissioned within a period which the Commission shall specify in relation to the application.

e)   the pipeline to which the application relates will be capable of interoperating in a secure, safe and efficient manner with the natural gas system,

f)    the applicant is a fit and proper person to be granted a consent and has the financial capacity and technical skills to carry out the activities to which the application relates and to comply with the consent, if granted, and

g)   the applicant will be capable of paying any levy charged by the Commission.

C40

Powers to make regulations for procedures and to restrict application of section prescribed (10.04.2002) by Gas (Interim) (Regulation) Act 2002 (10/2002), s. 12(2)-(6), commenced on enactment; as amended (20.07.2004) by European Communities (Internal Market in Natural Gas) (No. 2) Regulations 2004 (S.I. No. 452 of 2004), reg. 7(2) and (9.04.2021) by European Union (Gas Act 1976) (Environmental Impact Assessment) Regulations 2021 (S.I. No. 174 of 2021), reg. 12.

Construction of pipelines.

12. — ...

(2) [Subject to section 39B (2) of the Gas Act 1976, the Commission may], from the appointed day, specify by regulations—

(a) the pipelines or classes of pipelines to which section 39A(1) (inserted by this section) of the Gas Act, 1976, shall not apply in relation to the construction of pipelines or those classes of pipelines, and

(b) such conditions as the Commission deems desirable in relation to the construction of the pipelines or classes of pipelines to which the regulations relate.

(3) [(a) The Minister—

(i)  shall specify by regulations the criteria in accordance with which an application for a consent given under section 39A(1) of the Gas Act 1976, may be determined by the Commission; and

(ii)  shall publish the criteria with which an application for a consent given under section 40 (1) of the Gas Act 1976 may be determined.]

(b)  The criteria specified by the Minister under subsection (3)(a) may relate to, any or all of the following:

(i) security of supply,

(ii) the safety and security of the natural gas system,

(iii) the qualifications of an applicant, including the technical and financial qualifications of the applicant, and

(iv) any other criteria specified under subsection (3)(a).

(4) Where, from the appointed day, the Commission determines that the capacity of existing or proposed distribution or transmission pipelines in a particular geographical area, as specified by the Commission, represents adequate provision for reasonable expectation of demand, it may refuse to give its consent under section 39A(1) of the Gas Act, 1976 , to the construction of any new distribution or transmission pipeline in that particular area.

(5) (a)  Without prejudice to the procedures for the giving of consents for the construction of pipelines set out in regulations made under section 39A(5) (inserted by this section) of the Gas Act, 1976, the Commission shall, where it considers it appropriate, or at the request of the Minister, conduct a competitive process for the purpose of selecting an applicant from whom an application for consent shall be considered for the construction of a pipeline in a particular area or for a particular purpose.

(b)  The Commission may make regulations relating to the conduct of such a competitive process, and such regulations may include—

(i) the period of time allowed for the submission of expressions of interest by prospective applicants,

(ii) the criteria for the pre-qualification of applicants,

(iii) the period of time allowed for the submission of applications,

(iv) the criteria by which applications will be adjudicated,(v) the terms and conditions that may be applied in relation to the successful applicant,

(vi) the lodging of a bond (if any) by the successful applicant, and

(vii) any other matter which the Commission considers appropriate and necessary for the holding of a competitive process under paragraph (a).

(c)  Before holding a competitive process under paragraph (a), the Commission shall undertake such preliminary examinations, as it considers appropriate or the Minister requests, including the carrying out of economic and technical feasibility studies of a proposed pipeline or pipeline routes.

(d)  Where a competitive process is conducted under this subsection, the Commission shall not be obliged to select an applicant where it considers that no applicant is suitable.

(6) In this section “proposed distribution or transmission” in relation to a pipeline, means a pipeline, whether under construction or not, for which an application for consent has been made to the Commission under section 39A(1) of the Gas Act, 1976, and where the applicant has been certified by the Commission as being a bona fide applicant in accordance with the procedures for the giving of consents for the construction of pipelines set out in regulations made under section 39A(5) (inserted by this section) of the Gas Act, 1976 .