National Oil Reserves Agency Act 2007

44L

F121[Cancellation of F122[renewable transport fuel] obligation certificate where F122[renewable transport fuel] exported from the State.

44L.(1) Where F122[renewable transport fuel] is exported from the State, being F122[renewable transport fuel] in respect of which a F122[renewable transport fuel] obligation certificate issued under section 44G, the F122[renewable transport fuel] obligation account holder to whom the certificate issued shall make an application to the Agency to cancel that certificate, whether or not the certificate has been transferred to another F122[renewable transport fuel] obligation account holder under section 44K before or after the date on which the F122[renewable transport fuel] was so exported.

(2) An application under subsection (1) shall be made within 28 days after the date on which the F122[renewable transport fuel] has been so exported

(a) in such form as the Agency determines for that purpose, including by electronic means, as appropriate, and

(b) including such information, particulars and documentation as the Agency reasonably requires for the purposes of this section relating to the exportation of the F122[renewable transport fuel] concerned from the State.

(3) The Agency may request an applicant to give to the Agency

(a) such additional information, particulars and documentation as the Agency determines for the purposes of an application under subsection (1), and

(b) such evidence as the Agency may reasonably require in order to verify any information, particulars or documentation given to the Agency in respect of an application under subsection (1).

(4) A request under subsection (3) shall be in such form as the Agency determines and shall specify a period of not less than 21 days from the date of the request within which such information, particulars, documentation or evidence, as the case may be, shall be given to the Agency.

(5) Where an application under subsection (1) to cancel a F122[renewable transport fuel] obligation certificate is made, the Agency shall, as soon as is reasonably practicable, in such form as the Agency determines

(a) acknowledge receipt of the application, and

(b) where the certificate has been transferred under section 44K, notify the F122[renewable transport fuel] obligation account holder to whom it has been so transferred.

(6) On the date of the acknowledgement and, as appropriate, notification under subsection (5) the certificate shall cease to be valid and cancellation of the certificate shall be effected by recording a debit accordingly in the F122[renewable transport fuel] obligation account to which the certificate is credited on the date of the notification.]

Annotations

Amendments:

F121

Inserted (1.07.2010) by Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (11/2010), s. 3, S.I. No. 322 of 2010.

F122

Substituted (15.07.2022) by European Union (Renewable Energy) Regulations (2) 2022 (S.I. No. 350 of 2022), reg. 17(1)(l)(i), in effect as per reg. 1(2).

Modifications (not altering text):

C21

Functions transferred and references to the Minister for and Department of the Environment, Climate and Communications construed (28.02.2023, vesting day) by Oil Emergency Contingency and Transfer of Renewable Transport Fuels Functions Act 2023 (2/2023), ss. 23, 24, 28, S.I. Nos. 81, 82 of 2023, subject to transitional provisions in ss. 25-27, 29.

Transfer of functions to Minister for Transport

23. The functions conferred on the Minister by or under—

(a) sections 44A, 44C, 44D, 44E, 44F, 44G, 44H, 44I, 44J, 44K, 44L, 44M, 44N, 44Q, 44R, 44S, 44T, 44V, 44W and 44X of the Act of 2007, ...

are transferred to the Minister for Transport on the vesting day.

Transfer of administration and business

24. (1) The administration and business in connection with the performance of the functions transferred by section 23 are, on the vesting day, transferred to the Department of Transport.

(2) References to the Department of the Environment, Climate and Communications contained in any enactment (other than this Act) in so far as they relate to the administration and business transferred by subsection (1) shall, from the vesting day, be construed as references to the Department of Transport.

...

Construction of references to Minister

28. (1) References to the Minister contained in any enactment (other than this Act) in so far as they relate to any function transferred by section 23 shall, from the vesting day, be construed as references to the Minister for Transport.

...