(LRC Revised)

Number 11 of 2010

ENERGY (BIOFUEL OBLIGATION AND MISCELLANEOUS PROVISIONS) ACT 2010

REVISED

Updated to 1 September 2019

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 (Biofuel Obligation and Miscellaneous Provisions) Act 2010

. 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

Judicial Council Act 2019

(33/2019), enacted 23 July 2019, and all statutory instruments up to and including

National Treasury Management Agency (Amendment) Act 2014 (State Authority) Order 2019

(S.I. No. 446 of 2019), made 1 September 2019, 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

11

of

2010

ENERGY (BIOFUEL OBLIGATION AND MISCELLANEOUS PROVISIONS) ACT 2010

REVISED

Updated to 1 September 2019

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title and commencement.

2. Definition.

PART 2

Biofuel Obligation

3. Biofuel obligation.

PART 3

Amendments to Principal Act

4. Amendment of section 2 (interpretation) of Principal Act.

5. Amendment of section 8 (object and functions of Agency) of Principal Act.

6. Amendment of section 14 (board of directors) of Principal Act.

7. Amendment of section 16 (power to establish subsidiaries) of Principal Act.

8. Amendment of section 18 (power to engage consultants and advisers) of Principal

Act.

9. Amendment of section 19 (chief executive (appointment and terms of office)) of

Principal Act.

10. Amendment of section 21 (staff of Agency) of Principal Act.

11. Appointment of National Treasury Management Agency to act on behalf of Agency

in certain matters.

12. Amendment of section 36 (definitions for Part 5) of Principal Act.

13. Amendment of section 44 (regulations relating to levy) of Principal Act.

14. Amendment of section 45 (definitions for Part 6) of Principal Act.

15. Amendment of section 47 (powers of authorised officers) of Principal Act.

16. Claims for repayment where overpayment in respect of levy or biofuel levy.

17. Amendment of section 63 (burden of proof in certain proceedings) of Principal

Act.

18. Amendment of section 64 (prosecution of offences) of Principal Act.

19. Amendment of section 67 (giving of notices) of Principal Act.

PART 4

Miscellaneous Amendments to other Acts

Chapter 1

Amendment of Fuels (Control of Supplies) Act 1971

20. Amendment of section 4 (offences, prosecutions and punishments) of Fuels (Control

of Supplies) Act 1971.

Chapter 2

Amendment of Fuels (Control of Supplies) Act 1982

21. Amendment of section 7 (powers of authorised officer to inspect premises, obtain

information, etc.) of Fuels (Control of Supplies) Act 1982.

Chapter 3

Amendment of Electricity Regulation Act 1999

22. Definition (

Chapter 3

).

23. Amendment of section 2 (interpretation) of Act of 1999.

24. Amendment of section 9 (functions of Commission) of Act of 1999.

25. Amendment of section 9G (gas works) of Act of 1999.

26. Amendment of section 9H (regulations relating to gas safety) of Act of 1999.

27. Amendment of section 9J (gas safety officers) of Act of 1999.

Chapter 4

Amendment of Energy (Miscellaneous Provisions) Act 2006

28. Repeal of section 14 (extension of gas safety provisions to liquefied petroleum

gas) of Energy (Miscellaneous Provisions) Act 2006.

Acts Referred to

Borrowing Powers of Certain Bodies Act 1996

1996, No. 22

Electricity Regulation Act 1999

1999, No. 23

Electronic Commerce Act 2000

2000, No. 27

Energy (Miscellaneous Provisions) Act 2006

2006, No. 40

Finance Act 1993

1993, No. 13

Finance Act 2002

2002, No. 5

Financial Transactions of Certain Companies and Other Bodies Act 1992

1992, No. 11

Fuels (Control of Supplies) Act 1971

1971, No. 3

Fuels (Control of Supplies) Act 1982

1982, No. 18

National Oil Reserves Agency Act 2007

2007, No. 7

Taxes Consolidation Act 1997

1997, No. 39

Number

11

of

2010

ENERGY (BIOFUEL OBLIGATION AND MISCELLANEOUS PROVISIONS) ACT 2010

REVISED

Updated to 1 September 2019

AN ACT TO FURTHER PROMOTE THE USE OF BIOFUEL IN THE STATE AND FOR THAT PURPOSE TO

PROVIDE FOR THE INCREASED SUPPLY OF BIOFUEL IN THE STATE BY MEANS OF A BIOFUEL OBLIGATION

REQUIRING THAT A SPECIFIED AMOUNT OF ROAD TRANSPORT FUEL IS BIOFUEL; TO IMPOSE A LEVY

ON RELEVANT DISPOSALS OF BIOFUEL; TO CONFER ADDITIONAL FUNCTIONS ON THE NATIONAL OIL

RESERVES AGENCY TO ADMINISTER THE BIOFUEL OBLIGATION; TO GIVE EFFECT TO CERTAIN PROVISIONS

OF DIRECTIVE 2009/28/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 23 APRIL

2009 ON THE PROMOTION OF THE USE OF ENERGY FROM RENEWABLE SOURCES AND AMENDING AND

SUBSEQUENTLY REPEALING DIRECTIVES 2001/77/EC AND 2003/30/EC; FOR THOSE AND OTHER PURPOSES

TO AMEND AND EXTEND THE

NATIONAL OIL RESERVES AGENCY ACT 2007

; TO AMEND THE

FUELS (CONTROL OF SUPPLIES) ACT 1971

, THE

FUELS (CONTROL OF SUPPLIES) ACT 1982

, THE

ELECTRICITY REGULATION ACT 1999

AND THE

ENERGY (MISCELLANEOUS PROVISIONS) ACT 2006

AND TO PROVIDE FOR RELATED MATTERS.

[9

th June

, 2010]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title and commencement.

2. Definition.

PART 2

Biofuel Obligation

3. Biofuel obligation.

PART 3

Amendments to Principal Act

4. Amendment of section 2 (interpretation) of Principal Act.

5. Amendment of section 8 (object and functions of Agency) of Principal Act.

6. Amendment of section 14 (board of directors) of Principal Act.

7. Amendment of section 16 (power to establish subsidiaries) of Principal Act.

8. Amendment of section 18 (power to engage consultants and advisers) of Principal

Act.

9. Amendment of section 19 (chief executive (appointment and terms of office)) of

Principal Act.

10. Amendment of section 21 (staff of Agency) of Principal Act.

11. Appointment of National Treasury Management Agency to act on behalf of Agency

in certain matters.

12. Amendment of section 36 (definitions for Part 5) of Principal Act.

13. Amendment of section 44 (regulations relating to levy) of Principal Act.

14. Amendment of section 45 (definitions for Part 6) of Principal Act.

15. Amendment of section 47 (powers of authorised officers) of Principal Act.

16. Claims for repayment where overpayment in respect of levy or biofuel levy.

17. Amendment of section 63 (burden of proof in certain proceedings) of Principal

Act.

18. Amendment of section 64 (prosecution of offences) of Principal Act.

19. Amendment of section 67 (giving of notices) of Principal Act.

PART 4

Miscellaneous Amendments to other Acts

Chapter 1

Amendment of Fuels (Control of Supplies) Act 1971

20. Amendment of section 4 (offences, prosecutions and punishments) of Fuels (Control

of Supplies) Act 1971.

Chapter 2

Amendment of Fuels (Control of Supplies) Act 1982

21. Amendment of section 7 (powers of authorised officer to inspect premises, obtain

information, etc.) of Fuels (Control of Supplies) Act 1982.

Chapter 3

Amendment of Electricity Regulation Act 1999

22. Definition (

Chapter 3

).

23. Amendment of section 2 (interpretation) of Act of 1999.

24. Amendment of section 9 (functions of Commission) of Act of 1999.

25. Amendment of section 9G (gas works) of Act of 1999.

26. Amendment of section 9H (regulations relating to gas safety) of Act of 1999.

27. Amendment of section 9J (gas safety officers) of Act of 1999.

Chapter 4

Amendment of Energy (Miscellaneous Provisions) Act 2006

28. Repeal of section 14 (extension of gas safety provisions to liquefied petroleum

gas) of Energy (Miscellaneous Provisions) Act 2006.