Gas Act, 1976

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Functions of Board.

8.—(1) It shall be the duty of the Board to develop and maintain a system for the supply of natural gas being a system which is both economical and efficient and which appears to the Board to be requisite for the time being.

(2) In discharging the duties imposed on it under this Act, the Board shall have regard to the sources of supply of natural gas which are available for the time being to the Board and such safety requirements as, in the opinion of the Board, are necessary in relation to the transmission and distribution of such gas.

(3) Without prejudice to the generality of subsection (1) of this section or to any provision of this Act apart from this section, the Board may—

(a) transmit and distribute natural gas and, subject to subsection (7) of this section, sell and supply natural gas acquired by it (whether or not such gas has been prepared, processed or treated),

(b) purchase or otherwise acquire natural gas from any source,

(c) liquify or otherwise prepare, process or treat natural gas,

(d) fix, make and recover charges for any gas sold or any gas supply or service or facility provided or thing undertaken pursuant to this section by the Board, or fix and accept subscriptions for any service or facility so provided,

(e) attach such other terms and conditions as the Board shall think fit to any sale of gas or as regards any gas supply or service or facility provided by it,

(f) subject to subsections (7), (8) and (9) of this section, provide, operate or maintain, or provide, operate and maintain, whether for use by the Board or by a person other than the Board, such pipelines, terminals, pressure-reducing stations, off-take stations, vessels, vehicles, works, services, facilities or other things as are necessary or expedient in relation to, or ancillary to, the provision, development or maintenance of a system of gas supply,

(g) for or on behalf of the owner of a pipeline used or intended to be used to supply gas to the Board, provide, operate or maintain, or provide, operate and maintain, anything which is a thing mentioned in paragraph (f) of this subsection,

(h) provide for any other person any or all of the following services and facilities relating to the development or supply of gas, namely, advice or assistance, research services or research or training facilities,

(i) subject to subsection (5) of this section, subscribe or guarantee money for charitable or benevolent objects or to or for any institution or for any public, general or useful object,

(j) draw, make, accept, endorse, discount, negotiate or issue bills of exchange, promissory notes or other negotiable or transferable instruments,

(k) subject to subsection (6) of this section, accept a gift of money, land or other property upon such trusts and conditions (if any) as may be specified by the person making the gift,

(l) carry on any activity which appears to the Board to be requisite, advantageous or incidental to, or which appears to the Board to facilitate, the performance by the Board of any function under this Act.

(4) Notwithstanding subsection (1) of this section, insofar as it may seem to the Board to be requisite, the Board may purchase or otherwise acquire, manufacture, transmit or distribute gas, other than natural gas, for the purpose of selling or supplying it in substitution for natural gas.

(5) In case the Board pursuant to subsection (3) (i) of this section,

(i) gives a subscription exceeding £1,000 or

(ii) in any particular year gives for or to a particular object or institution two or more subscriptions the aggregate of which exceeds £1,000,

the subscription or subscriptions, as may be appropriate, together with the object or institution to which it or they relate shall be specified in the accounts kept by the Board pursuant to this Act.

(6) The Board shall not accept any gift purusant to subsection (3) (k) of this section if the trusts and conditions attached by the donor to its acceptance are inconsistent with the functions of the Board.

(7) The Board shall not export gas or construct a pipeline, except pursuant to and in accordance with a consent given by the Minister under this subsection and the Minister shall, if he thinks fit, when giving such a consent attach conditions to the consent, and in addition to the foregoing, where the consent relates to the export of gas, the consent shall be given by the Minister only after consultation with the Minister for Industry and Commerce.

(8) Without prejudice to the generality of subsection (7) of this section, the Minister may attach to a consent given under that subsection for the construction by the Board of a pipeline, conditions requiring to be observed, as regards the pipeline, specified codes and standards of safety or efficiency regarding all or any of the following,

(a) the construction of pipelines,

(b) the operation of pipelines,

(c) the maintenance of pipelines.

(9) In case the Board constructs a pipeline the Board shall take all reasonable measures to protect the natural environment and to avoid injuring the amenities of the area and, in particular, and without prejudice to the generality of the foregoing, the Board shall while constructing the pipeline take all reasonable steps to prevent injury to any building, site, flora, fauna, feature or other thing which is of particular architectural, historic, archaeological, geological or natural interest, and when selecting the route for the pipeline the Board shall consult the Commission and in addition shall have regard to any representations made to the Board as regards the route of such pipeline by any local authority within whose functional area a proposed route, or any part of such a route would, if the pipeline were constructed, be situate, or any of the following on, in or over whose land such route or part would in such circumstances be situate, namely;

(a) a harbour authority,

(b) the Electricity Supply Board or any other electricity undertaker,

(c) Córas Iompair Éireann or any other railway undertaker,

(d) a gas undertaker (other than the Board).