IE
(LRC Revised)
Statutory Text (1 Articles)
Number 40 of 2006
ENERGY (MISCELLANEOUS PROVISIONS) ACT 2006
REVISED
Updated to 9 January 2023
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
Energy (Miscellaneous Provisions) Act 2006
. 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
Local Government (Maternity
Protection and Other Measures for Members of Local Authorities) Act 2022
(52/2022), enacted 21 December 2022, and all statutory instruments up to and including
Planning And Development And Foreshore (Amendment) Act 2022 (Commencement) Order
2023
(S.I. No. 1 of 2023), made 9 January 2023, 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
to
revisedacts@lawreform.ie.
Number
40
of
2006
ENERGY (MISCELLANEOUS PROVISIONS) ACT 2006
REVISED
Updated to 9 January
2023
ARRANGEMENT OF SECTIONS
PART 1
Preliminary and General
Section
1. Short title and commencement.
2. Definitions.
PART 2
Amendments to Act of 1999
3. Functions of Commission regarding all-island energy market.
4. Functions of Commission regarding electrical safety and regulation of electrical
contractors.
5. Licences under Act of 1999.
6. Combined heat and power.
7. Policy directions to Commission.
8. Interconnectors.
9. Emergency measures.
10. Amendment of Schedule to Act of 1999.
PART 3
Natural Gas Safety
11. Amendment of section 2 of Act of 1999.
12. Functions of Commission regarding natural gas safety.
13. Amendment of Act of 1999 relating to gas safety and gas installers.
14. Extension of gas safety provisions to liquefied petroleum gas.
PART 4
Amendment of Gas Act 1976
15. Amendment of section 2 of Act of 1976.
16. Power of Bord Gáis Éireann to create capital stock.
17. Amendment of section 10A of Act of 1976.
18. Amendment of section 10B of Act of 1976.
PART 5
Amendment of Gas (Interim) (Regulation) Act 2002
19. Amendment of Gas (Interim) (Regulation) Act 2002.
PART 6
Amendment of Turf Development Act 1998
20. Increase in borrowing power of Bord na Móna.
PART 7
Amendment of Act of 2001
21. Amendment of Act of 2001.
PART 8
Effect of Certain Amendments Made To Planning and Development Act 2000
22. Certain development approvals under Part XI of Planning and Development Act 2000.
PART 9
Rehabilitation of Mines
23. Interpretation (
Part 9
).
24. Mine rehabilitation plan.
25. Advances by Minister for mine rehabilitation plans, etc.
26. Mine rehabilitation plan and appointment of local authority as agent of Minister.
27. Power of entry.
28. Power of Minister to acquire lands, etc.
29. Recovery of expenditure on mine rehabilitation plan.
30. Scope of
Part 9
.
SCHEDULE
Acts Referred to
Acquisition of Land (Assessment of Compensation) Act 1919
9 & 10 Geo., 5 c. 57
Companies Act 1963
1963, No. 33
Derelict Sites Act 1990
1990, No. 14
Electricity (Supply) (Amendment) Act 2001
2001, No. 9
Electricity and Gas Regulation Acts 1999 to 2002
Electricity Regulation Act 1999
1999, No. 23
Fishery Harbour Centres Act 1968
1968, No. 18
Foreshore Act 1933
1933, No. 12
Gas (Amendment) Act 1987
1987, No. 9
Gas (Interim) (Regulation) Act 2002
2002, No. 10
Gas Act 1976
1976, No. 30
Harbours Act 1996
1996, No. 11
Harbours Acts 1946 to 1976
Landlord and Tenant (Amendment) Act 1980
1980, No. 10
Lands Clauses Consolidation Act 1845
8 & 9, Vic., c. 18
Local Government Act 2001
2001, No. 37
Maritime Safety Act 2005
2005, No. 11
Merchant Shipping (Investigation of Marine Casualties) Act 2000
2000, No. 14
Mines and Quarries Act 1965
1965, No. 7
Petroleum and Other Minerals Development Act 1960
1960, No. 7
Planning and Development Act 2000
2000, No. 30
Planning and Development (Strategic Infrastructure) Act 2006
2006, No. 27
Residential Tenancies Act 2004
2004, No. 27
Sustainable Energy Act 2002
2002, No. 2
Taxes Consolidation Act 1997
1997, No. 39
Turf Development Act 1998
1998, No. 26
Number
40
of
2006
ENERGY (MISCELLANEOUS PROVISIONS) ACT 2006
REVISED
Updated to 9 January
2023
AN ACT TO AMEND THE LAW RELATING TO ELECTRICITY AND THE REGULATION OF THE ELECTRICITY
INDUSTRY AND THE NATURAL GAS INDUSTRY, TO PROVIDE FOR THE ISSUE OF CAPITAL STOCK IN
BORD GÁIS ÉIREANN, TO PROVIDE FOR THE AMENDMENT OF THE TURF DEVELOPMENT ACT 1998, TO MAKE PROVISION
AS RESPECTS THE EFFECT OF CERTAIN AMENDMENTS OF THE PLANNING AND DEVELOPMENT ACT 2000
MADE BY THE PLANNING AND DEVELOPMENT (STRATEGIC INFRASTRUC-TURE) ACT 2006, TO PROVIDE
FOR THE TREATMENT OF LANDS AFFECTED BY MINES AND FORMER MINES BY THE REHABILITATION
OF SUCH LANDS AND FOR THE COMPULSORY ACQUISITION OF LANDS FOR THE PURPOSES OF SUCH
REHABILITATION AND TO PROVIDE FOR RELATED MATTERS.
[24
th December
, 2006]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS
Annotations
Modifications (not altering text)
C1
References to “Bord Gáis Éireann” or “The Irish Gas Board” construed (19.06.2014) by
ESB (Electronic Communications Networks) Act 2014
(5/2014), s. 8(1),(2), S.I. No. 286 of 2014.
Change of name of Bord Gáis Éireann to Ervia
8.
(1) The name of the body (established by section 7 of the Gas Act 1976 ) the present
name of which is, in the Irish language, Bord Gáis Éireann and, in the English language, The Irish Gas Board, shall, on and from such
day as the Minister appoints by order, be Ervia.
(2) References in any enactment, statutory instrument, legal proceedings or any other
document to Bord Gáis Éireann or The Irish Gas Board shall, on and from the day appointed under
subsection (1)
, be construed as references to Ervia.
C2
Application of Act affected (21.09.2011) by
European Communities (Birds and Natural Habitats) Regulations 2011
(S.I. No. 477 of 2011), regs. 42(22), 46(3), 63(2) and sch. 2, 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
...
Review of existing
plans
46. ...
(3) For the purposes of this
Regulation, a decision, including a decision to adopt or undertake, or give
approval for a plan, may include those adopted, undertaken or approved pursuant to
any of the enactments set out in the Second Schedule to these Regulations.
...
General provisions regarding
licences etc
63. ...
(2) A licence, consent,
permission, permit, derogation or other authorisation given under these
Regulations or under any of the enactments referred to in the Second Schedule may
include conditions requiring compliance with any guideline or code of practice
issued under Regulation 71 or such provisions thereof as may be specified in the
conditions.
...
SECOND SCHEDULE
Number
Year
Short Title/Citation
...
...
...
40
2006
Energy (Miscellaneous Provisions) Act, 2006
...
...
...
C3
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by
Finance (Transfer of Departmental Administration and Ministerial Functions) Order
2011
(S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).
2. (1) The administration and
business in connection with the performance of any functions transferred by this
Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department
of Finance contained in any Act or instrument made thereunder and relating to the
administration and business transferred by paragraph (1) shall, on and after the
commencement of this Order, be construed as references to the Department of Public
Expenditure and Reform.
3. The functions conferred on the
Minister for Finance by or under the provisions of —
(
a
) the enactments
specified in Schedule 1, and
(
b
) the statutory
instruments specified in Schedule 2,
are transferred to the Minister
for Public Expenditure and Reform.
...
5. References to the Minister for
Finance contained in any Act or instrument under an Act and relating to any
functions transferred by this Order shall, from the commencement of this Order, be
construed as references to the Minister for Public Expenditure and Reform.
...
Schedule 1
Enactments
...
Part 2
1922 to 2011 Enactments
Number and Year
Short Title
Provision
(1)
(2)
(3)
...
...
...
No. 40 of 2006
Energy (Miscellaneous Provisions) Act, 2006
Sections 25 and 28
...
...
...
Annotations
Modifications (not altering text)
C1
References to “Bord Gáis Éireann” or “The Irish Gas Board” construed (19.06.2014) by
ESB (Electronic Communications Networks) Act 2014
(5/2014), s. 8(1),(2), S.I. No. 286 of 2014.
Change of name of Bord Gáis Éireann to Ervia
8.
(1) The name of the body (established by section 7 of the Gas Act 1976 ) the present
name of which is, in the Irish language, Bord Gáis Éireann and, in the English language, The Irish Gas Board, shall, on and from such
day as the Minister appoints by order, be Ervia.
(2) References in any enactment, statutory instrument, legal proceedings or any other
document to Bord Gáis Éireann or The Irish Gas Board shall, on and from the day appointed under
subsection (1)
, be construed as references to Ervia.
C2
Application of Act affected (21.09.2011) by
European Communities (Birds and Natural Habitats) Regulations 2011
(S.I. No. 477 of 2011), regs. 42(22), 46(3), 63(2) and sch. 2, 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
...
Review of existing
plans
46. ...
(3) For the purposes of this
Regulation, a decision, including a decision to adopt or undertake, or give
approval for a plan, may include those adopted, undertaken or approved pursuant to
any of the enactments set out in the Second Schedule to these Regulations.
...
General provisions regarding
licences etc
63. ...
(2) A licence, consent,
permission, permit, derogation or other authorisation given under these
Regulations or under any of the enactments referred to in the Second Schedule may
include conditions requiring compliance with any guideline or code of practice
issued under Regulation 71 or such provisions thereof as may be specified in the
conditions.
...
SECOND SCHEDULE
Number
Year
Short Title/Citation
...
...
...
40
2006
Energy (Miscellaneous Provisions) Act, 2006
...
...
...
C3
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by
Finance (Transfer of Departmental Administration and Ministerial Functions) Order
2011
(S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).
2. (1) The administration and
business in connection with the performance of any functions transferred by this
Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department
of Finance contained in any Act or instrument made thereunder and relating to the
administration and business transferred by paragraph (1) shall, on and after the
commencement of this Order, be construed as references to the Department of Public
Expenditure and Reform.
3. The functions conferred on the
Minister for Finance by or under the provisions of —
(
a
) the enactments
specified in Schedule 1, and
(
b
) the statutory
instruments specified in Schedule 2,
are transferred to the Minister
for Public Expenditure and Reform.
...
5. References to the Minister for
Finance contained in any Act or instrument under an Act and relating to any
functions transferred by this Order shall, from the commencement of this Order, be
construed as references to the Minister for Public Expenditure and Reform.
...
Schedule 1
Enactments
...
Part 2
1922 to 2011 Enactments
Number and Year
Short Title
Provision
(1)
(2)
(3)
...
...
...
No. 40 of 2006
Energy (Miscellaneous Provisions) Act, 2006
Sections 25 and 28
...
...
...
ARRANGEMENT OF SECTIONS
PART 1
Preliminary and General
Section
1. Short title and commencement.
2. Definitions.
PART 2
Amendments to Act of 1999
3. Functions of Commission regarding all-island energy market.
4. Functions of Commission regarding electrical safety and regulation of electrical
contractors.
5. Licences under Act of 1999.
6. Combined heat and power.
7. Policy directions to Commission.
8. Interconnectors.
9. Emergency measures.
10. Amendment of Schedule to Act of 1999.
PART 3
Natural Gas Safety
11. Amendment of section 2 of Act of 1999.
12. Functions of Commission regarding natural gas safety.
13. Amendment of Act of 1999 relating to gas safety and gas installers.
14. Extension of gas safety provisions to liquefied petroleum gas.
PART 4
Amendment of Gas Act 1976
15. Amendment of section 2 of Act of 1976.
16. Power of Bord Gáis Éireann to create capital stock.
17. Amendment of section 10A of Act of 1976.
18. Amendment of section 10B of Act of 1976.
PART 5
Amendment of Gas (Interim) (Regulation) Act 2002
19. Amendment of Gas (Interim) (Regulation) Act 2002.
PART 6
Amendment of Turf Development Act 1998
20. Increase in borrowing power of Bord na Móna.
PART 7
Amendment of Act of 2001
21. Amendment of Act of 2001.
PART 8
Effect of Certain Amendments Made To Planning and Development Act 2000
22. Certain development approvals under Part XI of Planning and Development Act 2000.
PART 9
Rehabilitation of Mines
23. Interpretation (
Part 9
).
24. Mine rehabilitation plan.
25. Advances by Minister for mine rehabilitation plans, etc.
26. Mine rehabilitation plan and appointment of local authority as agent of Minister.
27. Power of entry.
28. Power of Minister to acquire lands, etc.
29. Recovery of expenditure on mine rehabilitation plan.
30. Scope of
Part 9
.
SCHEDULE