BGE Powers

Establishment

Bord Gáis was constituted to exploit the country’s natural gas resources in 1976. It was given powers to construct, maintain and repair pipelines.  It was entitled to alter and demolish buildings, remove fences, hedges, walls, trees, etc., break up the surface of roads, divert roads, canals etc., subject to reinstatement on completion of the pipeline

The Gas Act established Bord Gais Eireann Teoranta.  Its function was to set up and operate the system of supply of natural gas.  Its functions which may be exercised inside or outside the State, including

• transmission,
• distribution,
• sale and supply of natural gas acquired by it,
• purchase or acquisition of natural gas from any source,
• liquefaction,
• preparation, process and treatment of natural gas,
• fixing, making, and recovering charges for gas sold or supply of any service or facility undertaken
• providing for itself or for others such pipelines,
• terminal services and the facilities as are necessary
• the provision and development of a gas supply

Powers

The primary function of Bord Gáis Éireann on original incorporation was the construction of a transmission and distribution gas system. The Minister was later empowered to confer functions on the Board equivalent to those on the previous or expiring private gas companies in relation to the supply, transmission, and sale of gas, including maintenance, repair, replacement, hiring, and leasing of apparatus and gas appliances.

The Board was given power to enter and inspect premises and take measures as they sought fit for the performance of their function. The Gas Regulation Act wa updated with e provisions for testing gas in compliance with standards in relation to its composition and gas pressure.

BGE  may sell or lease license, any rights in the respect of working materials which is best within it.  Ministerial consent is required.

The Minister may make bylaws for the protection and safety of the gas system for transmission and distribution of gas.  It is an offence to contravene any bylaw subject to prosecution in the district court.

The Minister may make regulations relating to gas safety in the transmission of gas. Breach of the regulation is an offence subject to prosecution.

Construction of Pipelines

The board may be authorised by the Minister to construct pipelines or export gas. The Minister/Department may impose conditions on consent for the construction of a gas line.  They may relate to safety and efficiency in the construction and operation of the line.

In choosing its route, Bord Gais must have regard to representations made by local authorities and by statutory authorities such as ESB, harbour authorities or another gas undertaker.

In constructing a pipeline, BGE (the Gas Board) must take reasonable measures to protect the natural environment and avoid injuring immunity.  It must take steps to prevent injury to any building, site, flora, fauna or other thing of particular archaeological, historical, geological or natural interest.

Pipeline EIS

Certain gas line works require an environmental impact assessment.  Where an application is made to the Board or notice is given by a person other than the Board in relation to a proposed pipeline larger than a certain specified amount, an EIS must be submitted.  Where an application is made by BGE (the Gas Board) to the Minister in relation to the proposed line, the application must be accompanied by an EIS.

The Minister, in considering the application, must take account of the effect on the environment of the pipeline and give the public notice of the fact.  An exemption may be given from the requirement for an EIS.

Powers of Entry

BGE (the Gas Board) has the power to enter lands for the purpose of inspecting and surveying for the purpose of prospective acquisitions.  It may make tests, including excavation drills and soil tests and may remove soil.

The consent of the owner or occupier is required.  If it is not forthcoming, the BGE (the Gas Board) may give notice of intention to enter the land to the owner or occupier at least 14 days in advance.  The person in receipt of such notice may apply to the district court for an order prohibiting entry or permitting it only subject to such conditions as the court may set.

The Board’s agents and employees were given power to enter premises for the purpose of construction of pipelines and thereafter for the purpose of inspection, maintenance and replacement.  They may enter the land at reasonable times and in an emergency at all times. In cases of exercise of certain rights, they were obliged to pay compensation.

The BGE (the Gas Board) has the power to demolish any building, fence, or tree and divert any road, river, hedge, drain or bridge for the purpose of constructing pipelines in associated facilities.  It must obtain the consent of certain authorities.

Compulsory Acquisition

Extensive powers of compulsory acquisition were given to facilitate the laying of the main arterial pipelines. BGE  may apply to the department for an acquisition order to compulsorily acquire any land acquired for its functions or for the provision by any person other than the BGE of the pipelines by means in which it is intended to supply natural gas to the board or in connection with the provision by the BGE (the Gas Board) for another person of a pipeline by means of which it is intended to supply natural gas other than by the board only to that person.