S.I. No. 428/2003 - Gas (Interim) (Regulation) Act 2002 (Section 16) Regulations 2003


The Commission for Energy Regulation, in exercise of the powers conferred on it by Section 16 (4) of the Gas (Interim) (Regulation Act 2002 , hereby makes the following Regulations:

Citation.

1.     These Regulations may be cited as the Gas (Interim (Regulation) Act 2002 (Section 16) Regulations 2003.

Interpretation.

2.     (1) In these Regulations, unless the context otherwise requires-

“the Act” means the Gas (Interim) (Regulation) Act 2002 (No. 10 of 2002);

“beach” means the point of connection between an upstream pipeline and the natural gas system;

“beach supply” means the supply at the beach by an upstream producer to a relevant person of natural gas produced by the upstream producer under the terms of one or more petroleum leases;

“petroleum lease” means a petroleum lease under Section 13 of the Petroleum and Other Minerals Development Act 1960 ;

“relevant person” means the holder of a petroleum lease or the holder of a natural gas supply licence under Section 16(1)(a) of the Act;

“upstream producer” means a holder of one or more petroleum lease(s) who produces natural gas under the terms of such petroleum lease(s);

(2) A word or expression that is used in these Regulations and also used in the Act shall, unless the contrary intention appears, have the same meaning in these Regulations as it has in the Act.

(3) References in these Regulations to an enactment shall include any modification or re-enactment thereof or any successor or replacement enactment therefor.

Disapplication

3. Beach supply is hereby specified as a class of activity to which subsections (2) and (10) of Section 16 of the Act shall not apply.

Sealed with the common seal of the Commission for Energy Regulation on the 17th September 2003.

 

Tom Reeves

Member of Commission

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Eugene Coughlan

Member of Staff of Commission

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purpose to be a legal interpretation.)

These Regulations disapply Sections 16 (2) and (10) of the Gas (Interim) (Regulation Act 2002 in respect of the supply at the beach of natural gas by an upstream producer to the holder of a petroleum lease or the holder of a natural gas supply licence.