Electricity Regulation Act 1999

Orders specifying criteria for considering applications for authorisations.

18

18.—(1) The Minister shall specify by order the criteria in accordance with which an application for an authorisation F321[to construct or reconstruct a generating station] may be determined by the Commission.

F322[(2) The criteria specified by the Minister under subsection (1), in relation to an authorisation to construct or reconstruct a generating station, may relate to

(a) the safety and security of the electricity system, electric plant and domestic lines,

(b) protection of public health and safety,

(c) the protection of the environment including the limitation of emissions to the atmosphere, water or land,

(d) the siting of a generating station and associated land use,

(e) use of public ground,

(f) the efficient production and use of energy,

(g) the nature of the primary source of energy to be used by a generating station,

(h) the qualifications of an applicant, including the technical, economical and financial qualifications of the applicant, F323[]

(i) public service obligations provided for in an order under F324[under section 39, and]]

F325[F326[(j) the contribution of generating capacity to meeting the overall European Union target of at least a 32% share of energy from renewable sources in the Union’s gross final consumption of energy in 2030 referred to in Article 3(1) of Directive (EU) 2018/2001 of the European Parliament and of the Council6 , and]

(k) the contribution of generating capacity to reducing emissions.]

(3) The Minister may by order amend or revoke an order under this section including an order made under this subsection.

(4) An order under subsection (3) shall not be made unless a notice of intention to make such an order is published in a daily newspaper published and circulating in the State at least one month before the making of the order.

F327[(5) The draft order shall be published by the Minister, in such manner as he shall determine, so as to bring it to the attention of those likely to be affected by it, and the notice of intention published under subsection (4) shall state the manner in which a copy of the draft order may be obtained.]

(6) An order under this section shall not provide for the use of nuclear fission for the generation of electricity.

Annotations

Amendments:

F321

Inserted (23.05.2007) by Energy (Miscellaneous Provisions) Act 2006 (40/2006), s. 8(6), S.I. No. 266 of 2007.

F322

Substituted (8.02.2005) by European Communities (Internal Market in Electricity) Regulations 2005 (S.I. No. 60 of 2005), reg. 15(a), subject to transitional provision in reg. 40.

F323

Deleted (1.12.2011) by European Communities (Internal Market in Natural Gas and Electricity) Regulations 2011 (S.I. No. 630 of 2011), reg. 40(6)(a).

F324

Substituted (1.12.2011) by European Communities (Internal Market in Natural Gas and Electricity) Regulations 2011 (S.I. No. 630 of 2011), reg. 40(6)(b).

F325

Inserted (1.12.2011) by European Communities (Internal Market in Natural Gas and Electricity) Regulations 2011 (S.I. No. 630 of 2011), reg. 40(6)(c).

F326

Substituted (17.01.2022) by European Union (Internal Market in Electricity) Regulations 2022 (S.I. No. 20 of 2022), reg. 10, in effect as per reg. 1(2).

F327

Substituted (8.02.2005) by European Communities (Internal Market in Electricity) Regulations 2005 (S.I. No. 60 of 2005), reg. 15(b), subject to transitional provision in reg. 40.

Editorial Notes:

E92

Power pursuant to subs. (1) exercised (5.10.1999) by Electricity Regulation Act, 1999 (Criteria For Determination of Authorisations) Order 1999 (S.I. No. 309 of 1999).