lrc_1976_act_30

(LRC Revised)

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LRC Revised Act

GAS ACT 1976 REVISED Updated to 1 June 2024 (LRC Revised) Open official source

Number 30 of 1976

GAS ACT 1976

REVISED

Updated to 1 June 2024

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative

consolidation of the

Gas Act 1976

. It is prepared by the Law Reform Commission in

accordance with its function under the

Law Reform Commission Act 1975

(3/1975) to

keep the law under review and to undertake revision and consolidation of statute

law.

All Acts up to and including the

Employment (Collective Redundancies and

Miscellaneous Provisions) and Companies (Amendment) Act 2024

(14/2024), enacted 9

May 2024, and all statutory instruments up to and including the

Social Welfare

(Consolidated Claims, Payments and Control) (Amendment) (No. 6) (Carer’s Benefit and

Carer’s Allowance – Earnings Disregard) Regulations 2024

(S.I. No. 275 of 2024),

made 31 May 2024, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

revisedacts@lawreform.ie.

Number

1976

GAS ACT 1976

REVISED

Updated to 1 June

2024

ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

Short title and commencement.

Interpretation.

Establishment day.

Regulations.

Service of notices, etc.

Expenses.

PART II

Bord Gáis Éireann

Irish Gas Board

Bord Gáis Éireann Irish Gas Board.

7A.

Definitions.

(

Repealed

)

7B.

Power to

create and issue capital stock.

(

Repealed

)

7C.

Exercise of

powers by Ministers in respect of capital stock.

(

Repealed

)

7D.

Conversion of

capital stock into company shares.

(

Repealed

)

7E.

Arrangements

relating to rights and obligations relating to capital stock.

(

Repealed

)

7F.

Power of

Board to establish approved scheme.

(

Repealed

)

7G.

Payment of

dividend into Exchequer.

(

Repealed

)

Functions of Board.

8A.

Extension of powers of Bord Gáis Éireann to effect certain commercial transactions.

8B.

Conferring of functions in relation to telecommunications infrastructure on Board.

Conferring of additional functions on Board.

10.

Board to cover outgoings and earn reasonable return on capital.

10A.

Transmission

of natural gas by pipeline operators on behalf of other persons - role of

Commission.

10B.

Transmission

of natural gas by pipeline operators on behalf of other persons - role of

Minister for Agriculture and Natural Resources.

10C.

Technical agreements must be compatible with European Union law, etc.

10D.

Negotiations

with third country.

11.

Directions as

to profits and financial objectives of Board.

12.

Contracts by Board.

13.

Disclosure by

member of Board of interest in proposed contract.

(

Repealed

)

14.

Annual

report.

15.

Appointment

of statutory auditor or firm

15A.

Presentation of financial statements and reports

16.

Staff of Board.

16A.

Superannuation of transferred employees of Bord Gáis Éireann.

17.

Consultants and advisers.

18.

Superannuation of officers and servants of Board.

19.

Membership of

either House of the Oireachtas of officers or servants of Board.

(

Repealed

)

20.

Disclosure of

information.

(

Repealed

)

21.

Board's capital commitments.

22.

Advances to Board by Minister for Finance.

23.

Borrowing by Board for capital purposes.

24.

Temporary borrowing by Board.

25.

State guarantee of borrowings by Board for capital purposes.

26.

Entry on land by Board.

27.

Powers of Board in relation to the construction, maintenance and repair of pipelines.

28.

Restriction on compulsory acquisition etc. of land held by Board and certain rights

over or in respect of land.

29.

Disposal etc. by Board of mineral rights restricted.

30.

Board may make certain bye-laws.

PART III

Deviations, Acquisition Orders and

Compensation

31.

Deviations.

32.

Acquisition order.

33.

Compensation.

PART IV

Bord Gáis Éireann Teoranta

34.

Entry on land by Company.

35.

Dissolution of Company and transfer of its property, etc.

PART V

Miscellaneous

36.

Minister for Industry and Commerce to consult Minister as regards certain applications

to him under certain licences and leases.

37.

Certain gas

to be offered for sale to Board.

(Repealed)

38.

Safety Regulations.

39.

Extinguishment of public right of way.

39A.

Construction of pipelines.

39B.

Non-Application of certain declarations, Regulations in respect of

pipelines where environmental impact assessment, appropriate assessment

required.

40.

Restriction on construction and operation of pipelines by persons other than Board.

40A.

Environmental impact assessment of certain pipelines.

40B.

Environmental impact assessment.

40C.

Environmental Assessment Unit.

40D.

Compliance with environmental conditions, enforcement etc.

40E.

Monitoring

etc. by Commission, Environmental Assessment Unit, provision of

information concerning compliance with environmental conditions

etc.

40F.

Power to

direct action to ensure compliance with condition.

40G.

Offence -

furnishing of information, making statement etc.

40H.

Offence by

body corporate.

40I.

Appointment

of authorised officers.

40J.

Recovery of

costs, expenses.

40K.

Summary

proceedings.

41.

Savers.

PART VI

Amendments

42.

Section 89 of Local

Government (Planning and Development) Act, 1963, not to apply to certain

pipelines.

43.

Amendment of section 72 of Registration of Title Act, 1964.

44.

Amendment of section 1 of Fuels (Control of Supplies) Act, 1971.

FIRST SCHEDULE

Irish Gas Board

SECOND SCHEDULE

Acquisition Orders

Acts Referred to

Petroleum and Other Minerals Development Act, 1960

1960, No. 7.

Continental Shelf Act, 1968

1968, No. 14.

Harbours Act, 1946

1946, No. 9.

Local Government Act, 1941

1941, No. 23.

Companies Act, 1963

1963, No. 33.

Local Government Act, 1946

1946, No. 24.

Minerals Development Act, 1940

1940, No. 31.

Registration of Title Act, 1964

1964, No. 16

Finance Act, 1895

1895, c. 16.

Arbitration Act, 1954

1954, No. 26.

Fuels (Control of Supplies) Act, 1971

1971, No. 3.

Superannuation Act, 1859

1859, sess. 1, c. 26.

Public Offices Fees Act, 1879

1879. c. 58.

Working Classes Act, 1890

1890, c. 72.

Number

1976

GAS ACT 1976

REVISED

Updated to 1 June 2024

AN ACT TO MAKE PROVISION WITH RESPECT TO GAS SUPPLY AND FOR THAT PURPOSE TO ESTABLISH

A BODY TO BE KNOWN IN THE IRISH LANGUAGE AS BORD GAIS EIREANN AND IN THE ENGLISH LANGUAGE

AS THE IRISH GAS BOARD AND TO DEFINE ITS FUNCTIONS, TO MAKE CERTAIN PROVISIONS TO

ENABLE THAT BODY TO ACQUIRE LAND AND CERTAIN RIGHTS RELATING TO LAND, TO AMEND CERTAIN

ENACTMENTS AND TO MAKE OTHER PROVISIONS CONNECTED WITH THE FOREGOING. [19

th July

, 1976]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not altering

text)

Functions transferred and

references to "Ervia" construed (1.06.2024) by

Gas (Amendment) and

Miscellaneous Provisions Act 2024

(11/2024), s. 11, S.I. 208 of 2024.

Transfer day

(1) The Minister shall

by order appoint a day to be the transfer day for the purposes of this Act.

(2) On and from the transfer day

Ervia (in this Act referred to as the “dissolved body”) shall stand dissolved.

...

Transfer of functions

11.

(1) On the transfer

day, all functions that, immediately before the transfer day, were vested in the

dissolved body shall stand vested in Gas Networks Ireland.

(2) References in any enactment

(other than this Act) or other document to the dissolved body, to the extent that

such references relate to functions, assets, rights or liabilities that are vested

in, or transferred to, Gas Networks Ireland by this Act shall, on and from the

transfer day, be construed as references to Gas Networks Ireland.

(3) The administration and

business in connection with the performance of the functions vested in Gas

Networks Ireland by virtue of subsection (1) are on the transfer day transferred

to Gas Networks Ireland.

(4) References in any enactment

(other than this Act) to the dissolved body, to the extent that such references

relate to the administration and business transferred by subsection (3) shall, on

and from the transfer day, be construed as references to Gas Networks Ireland.

Application of collectively

cited

Gas Acts

restricted (21.09.2011) by

European Communities (Birds

and Natural Habitats) Regulations 2011

(S.I. No. 477 of 2011), reg. 42(22),

in effect as per reg. 1(3).

Screening for Appropriate

Assessment and Appropriate Assessment of implications for European

Sites

42. …

(22) Notwithstanding any provision

of any statute listed in the Second Schedule that provides for the consent for a

plan or project to which this Regulation applies to be obtained by default on the

failure of the public authority to provide a response within a specified timescale

or otherwise, that provision shall not have effect in respect of any plan or

project to which this Regulation applies.

...

Certain authorisations etc.

continued in force (20.07.2004) by

European Communities (Internal Market in

Natural Gas) (No. 2) Regulations 2004

(S.I. No. 452 of 2004), reg. 3.

Saver

3. An authorisation, application,

licence, designation, decision, determination, direction, consent, notice,

notification, order or regulation made, granted or issued under the Gas Act 1976,

the Act of 1999 or the Act of 2002 in force immediately before the making of these

Regulations continues in force after such making as if made, granted or issued

under the Act concerned as amended by these Regulations.

Functions transferred and

references to “Department of Public Enterprise” and “Minister for

Public Enterprise” construed (18.06.2002) by

Communications, Energy and

Geological Survey of Ireland (Transfer of Departmental Administration and

Ministerial Functions) Order 2002

(S.I. No. 300 of 2002), arts. 3, 4, and

sch. part 1, in effect as per art. 1(2), subject to transitional provisions in

arts. 5-9.

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. (1) 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.

(2) References to the Department

of Public Enterprise contained in any Act or instrument made thereunder and

relating to any administration and business transferred by paragraph (1) of this

Article shall, on and after the commencement of this Order, be construed as

references to the Department of the Marine and Natural Resources.

4. (1) The functions vested in the

Minister for Public Enterprise -

(

) by or under any of the

enactments or the provisions of the enactments mentioned in Part 1 of the Schedule

to this Order,

...

are transferred to the Minister

for the Marine and Natural Resources.

(2) References to the Minister for

Public Enterprise contained in any Act or instrument made thereunder 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.

...

SCHEDULE

PART 1.

Enactments and provisions of

enactments, functions under which are transferred from the Minister for Public

Enterprise to the Minister for the Marine and Natural Resources.

...

Gas Acts 1976 to 2002

...

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.

Application of collectively

cited

Gas Acts

restricted (21.12.1995) by

Energy (Miscellaneous

Provisions) Act 1995

(35/1995), s. 27, commenced on enactment.

Saving as respects the

provisions of the Foreshore Acts, 1933 and 1992.

27.

—Nothing in the Gas

Acts, 1976 to 1995, or the Petroleum and Other Minerals Development Acts, 1960 and

1995, shall prejudice the provisions of the Foreshore Acts, 1933 and 1992.

Editorial Notes

Previous affecting

provision: functions transferred and references to “Department of Public

Service” and “Minister for Public Service” construed (19.03.1987)

Public Service (Transfer of Departmental Administration and Ministerial

Functions) Order 1987

(S.I. No. 81 of 1987), arts. 3, 4(1)(a), and sch.,

subject to transitional provisions in arts. 5-9; superseded as per C-notes

above.

Previous affecting

provision: functions transferred and references to “Department of Industry,

Commerce and Energy” and “Minister for Industry, Commerce and

Energy” construed (22.01.1980) by

Energy (Transfer of Departmental

Administration and Ministerial Functions) Order 1980

(S.I. No. 9 of 1980),

arts. 3, 4, and sch. part 1, in effect as per art. 1(2), subject to transitional

provisions in arts. 5-9; superseded as per E-note above.

Previous affecting

provision: functions transferred and references to “Department of Public

Enterprise” and “Minister for Transport and Power” construed

(13.09.1977) by

Energy (Transfer of Departmental Administration and Ministerial

Functions) Order 1977

(S.I. No. 295 of 1977), arts. 3, 4, and sch. part 1,

in effect as per art. 2, subject to transitional provisions in arts. 5-9;

superseded as per E-note above.