Electricity Regulation Act 1999


F189[LPG safety licences.

9JE. (1) For the purposes of ensuring LPG safety a person shall not make available LPG by way of a piped LPG distribution network for use by individual domestic final customers unless a LPG safety licence is in force in respect of the activity.

(2) A person who contravenes subsection (1) commits an offence and is liable

(a) on summary conviction to a class A fine, or

(b) on conviction on indictment to a fine not exceeding 500,000.

(3) The Commission may, upon application to it, grant or refuse to grant to a LPG undertaking a LPG safety licence to make LPG available to final customers by way of a piped LPG distribution network.

(4) A LPG safety licence is granted subject to such conditions as are specified in the licence.

(5) An application for a LPG safety licence shall be

(a) in writing and be in such form and contain such information as the Commission may request, and

(b) accompanied by such a fee, if any, as the Commission may determine under section 9JF to be appropriate, having regard to the application being made.

(6) The Commission shall make information on such fees payable under subsection (5)(b) available on the request of an applicant for a LPG safety licence.

(7) The Commission shall monitor the activities of a holder of a LPG safety licence to ensure that the holder complies with the terms and conditions of the licence.

(8) The Minister may specify by regulations the criteria in accordance with which an application for a LPG safety licence in respect of any activity referred to in subsection (1) may be determined by the Commission.

(9) The criteria specified by the Minister under subsection (8) may relate to any or all of the following:

(a) the safety of the piped LPG distribution network,

(b) the qualifications of an applicant, including the technical qualifications of the applicant, and

(c) any other criteria specified by regulations made under subsection (8).

(10) A person shall comply with any request in writing from the Commission for additional information specified by regulations made under subsection (8).

(11) A person undertaking any of the activities mentioned in subsection (1) on the commencement of this section shall apply for a LPG safety licence, within 3 months of such commencement or such other periods as may be agreed by the Commission.

(12) A holder of a LPG safety licence shall

(a) operate, maintain and develop such facilities or systems as may be required for the purpose of carrying out the activity for which it is licensed with due regard to safety and in accordance with the terms of the licence,

(b) provide the Commission with sufficient information to ensure that LPG activities licensed under this section may take place in a safe and secure manner, and

(c) provide all documents, records, accounts, estimates and other information, whether oral or written, requested from time to time by the Commission, in the form and at the times specified by the Commission, for the purpose of verifying that the holder of the licence is complying with the conditions of the licence, or as may be required by the Commission in the performance of its duties or functions imposed under this Act.

(13) The Commission shall reach a determination on the issue of a LPG safety licence under subsection (1) as soon as practicable after it has completed its assessment but no later than 6 months after the date of receipt of all information including receipt of the additional information requested under subsection (9).

(14) A LPG safety licence remains in force until it is revoked by the Commission or replaced by a new safety licence.

(15) The Commission shall, as soon as practicable after the issue of a LPG safety licence to a LPG undertaking, ensure that a copy of that licence is published in the manner prescribed by the Commission.

(16) Where

(a) the holder of a LPG safety licence, requests the Commission to modify the terms or conditions of the licence, or

(b) the Commission is of the opinion that a LPG safety licence should be amended,

the Commission may modify the terms or conditions of the licence.

(17) The procedures to be followed before modifying LPG safety licences shall be as prescribed under sections 19 and 20 in regard to all licences and authorisations other than a modification made to give effect to an order under section 39 or 40.]




Inserted (24.01.2013) by Energy (Miscellaneous Provisions) Act 2012 (3/2012), s. 18(1), S.I. No. 20 of 2013. A class A fine means a fine not greater than €5,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 3(1), S.I. No. 662 of 2010.