Energy (Miscellaneous Provisions) Act, 1995

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Interpretation.

1.—(1) In this Act—

“the Act of 1960” means the Petroleum and Other Minerals Development Act, 1960 ;

“the Act of 1968” means the Continental Shelf Act, 1968 ;

“the Act of 1976” means the Gas Act, 1976 ;

“authorised officer” means a person appointed under section 10 , 11 or 16 (as appropriate);

“designated area” has the meaning assigned to it by the Act of 1968;

“energy infrastructure” means—

(a) any land, premises or installation (including an installation located at sea), and

(b) unless the context otherwise requires, any plant, machinery or equipment,

which is used or, subject to subsection (2), has been used for the purposes of the production, storage, transmission or distribution of electricity, natural gas or petroleum not being—

(a) an installation, plant, machinery or equipment situate in any domestic premises, factory or place of work and supplying the energy requirements of that domestic premises, factory or place of work,

(b) a service station,

(c) a vehicle designed or adapted for the transport of petroleum or natural gas, or

(d) a battery, cable or other thing belonging to, or used in connection with, any appliance;

“the Minister” means the Minister for Transport, Energy and Communications;

“petroleum” includes any derivative of petroleum;

“production” includes, in relation to natural gas or petroleum, those steps preceding the production of natural gas or petroleum that consist of the exploration of land, sea-bed or subsoil (whether in the territorial seas of the State or a designated area) and the exploitation of the natural resources thereof with a view to such production, and, without prejudice to the foregoing, includes any activities carried on by a person to whom the Minister has undertaken under the Act of 1960 to grant an exploration licence, petroleum prospecting licence or petroleum lease where such activities—

(a) are carried on by that person in contemplation of the grant to him or her of an exploration licence, petroleum prospecting licence or petroleum lease (as the case may be) in pursuance of such an undertaking, and

(b) are directly related to the activities that that person would be authorised to carry on by such an exploration licence, petroleum prospecting licence or petroleum lease (as the case may be) were such an exploration licence, petroleum prospecting licence or petroleum lease to be granted to him or her;

“sea”, where used without qualification, includes a designated area;

“service station” means any installation where petroleum is capable of being dispensed to motor vehicle fuel tanks from stationary storage tanks.

(2) Land, premises, an installation or any other thing referred to in the definition of “energy infrastructure” in this section which has been, but is no longer being, used for a purpose referred to in that definition shall only be regarded as falling within that definition if and for so long as—

(a) steps are being taken to render it incapable of being used for that purpose, or

(b) in the opinion of the Minister or an authorised officer—

(i) any steps that ought to be taken in the interests of the protection of persons, property or the environment to render it so incapable have not been taken, or

(ii) in case it is incapable of being used for that purpose (whether or not by reason of steps as aforesaid having been taken in relation to it) and its condition is such as to constitute a risk of injury or damage to persons, property or the environment, any steps that ought to be taken to remove that risk have not been taken.

(3) In this Act—

(a) a reference to a section is a reference to a section of this Act, unless it is indicated that reference to some other enactment is intended,

(b) a reference to a subsection or a paragraph is a reference to a subsection or paragraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

(4) In this Act a reference to any enactment shall be construed as a reference to that enactment as amended, extended or adapted by or under any subsequent enactment (including this Act).