Petroleum (Exploration and Extraction) Safety Act 2015

Functions of Commission relating to petroleum safety

4. The following is substituted for section 13H of the Act of 1999:

“13H. (1) The Commission shall do all things necessary and reasonable to further its objectives and shall exercise its powers and perform its functions in the public interest.

(2) Without prejudice to the generality of subsection (1), the Commission’s functions under this Part are—

(a) to regulate designated petroleum activities with respect to safety, which may include specifying standards and codes of practice referred to in section 13L(3),

(b) subject to sections 13S to 13U, to investigate and report to the Minister in writing on petroleum incidents,

(c) to monitor and enforce compliance by petroleum undertakings, operators and owners with their obligations under this Part,

(d) to issue safety permits,

(e) to provide safety information to the public when appropriate,

(f) to assess, and where relevant accept or reject, safety cases and notifications submitted by operators and owners under this Part,

(g) to carry out the objectives of the competent authority as set out in section 13GA,

(h) to establish a mechanism for tripartite consultation on—

(i) the safety framework established under section 13I,

(ii) the safety case guidelines under section 13L,

(iii) matters set out in Annex VI to the Directive, and

(iv) any other matter considered necessary by the Commission.

(3) The Commission shall, in performing its functions under this Part, have regard to—

(a) such functions with respect to the safety of petroleum activities as may be performed by the persons specified in subsection (4),

(b) the need to co-operate and consult with the persons specified in subsection (4) for the purpose of—

(i) encouraging and fostering safety in the carrying on of petroleum activities, and

(ii) avoiding duplication of activities by the Commission and the persons specified in subsection (4).

(4) The following are the persons to whom paragraphs (a) and (b) of subsection (3) apply:

(a) the National Standards Authority of Ireland;

(b) the Health and Safety Authority;

(c) the Environmental Protection Agency;

(d) the Minister for Transport, Tourism and Sport;

(e) the Irish Aviation Authority;

(f) such other persons as may be prescribed by order by the Minister.

(5) Where necessary, the Commission may prepare and implement coordinated or joint procedures with other authorities, specified in subsection (4), to carry out its functions under this Part.

(6) The Commission shall—

(a) make annual plans for the purpose of carrying out its function to monitor and enforce compliance under subsection (2)(c),

(b) provide advice on any matter requested by the Minister—

(i) under section 9A(3) of the Act of 1960 to support the Minister’s consideration of the technical capability of a person under that section, and

(ii) on the technical capacity of any operator proposed by a petroleum undertaking to the Minister,


(c) inform the Minister immediately in circumstances where it determines that an operator no longer has the capacity to meet its obligations under this Part.

(7) Subsections (3), (4) and (5) of section 9 do not apply to the functions of the Commission under this Part.”.