Energy (Biofuel Obligation and Miscellaneous Provisions) Act, 2010

• Jurisdiction: Ireland
• Citation: IR No. 11/2010

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Number 11 of 2010

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ENERGY (BIOFUEL OBLIGATION AND MISCELLANEOUS PROVISIONS) ACT 2010

REVISED

Updated to 1 September 2019

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This Revised Act is an administrative consolidation of the Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Judicial Council Act 2019 (33/2019), enacted 23 July 2019, and all statutory instruments up to and including National Treasury Management Agency (Amendment) Act 2014 (State Authority) Order 2019 (S.I. No. 446 of 2019), made 1 September 2019, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

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Number 11 of 2010

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ENERGY (BIOFUEL OBLIGATION AND MISCELLANEOUS PROVISIONS) ACT 2010

REVISED

Updated to 1 September 2019

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Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

This Act is not collectively cited with any other Act.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

• Energy (Miscellaneous Provisions) Act 2012 (3/2012)

All Acts up to and including Judicial Council Act 2019 (33/2019), enacted 23 July 2019, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

• Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (Section 3) (Commencement) Order 2012 (S.I. No. 32 of 2012)

• Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (Commencement of Certain Provisions) (No. 2) Order 2011 (S.I. No. 280 of 2011)

• Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (Commencement of Certain Provisions) Order 2011 (S.I. No. 42 of 2011)

• Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (Commencement of Certain Provisions) Order 2010 (S.I. No. 322 of 2010)

All statutory instruments up to and including National Treasury Management Agency (Amendment) Act 2014 (State Authority) Order 2019 (S.I. No. 446 of 2019), made 1 September 2019, were considered in the preparation of this revision.

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Number 11 of 2010

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ENERGY (BIOFUEL OBLIGATION AND MISCELLANEOUS PROVISIONS) ACT 2010

REVISED

Updated to 1 September 2019

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Acts Referred to

Borrowing Powers of Certain Bodies Act 1996	1996, No. 22
Electricity Regulation Act 1999	1999, No. 23
Electronic Commerce Act 2000	2000, No. 27
Energy (Miscellaneous Provisions) Act 2006	2006, No. 40
Finance Act 1993	1993, No. 13
Finance Act 2002	2002, No. 5
Financial Transactions of Certain Companies and Other Bodies Act 1992	1992, No. 11
Fuels (Control of Supplies) Act 1971	1971, No. 3
Fuels (Control of Supplies) Act 1982	1982, No. 18
National Oil Reserves Agency Act 2007	2007, No. 7
Taxes Consolidation Act 1997	1997, No. 39

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Number 11 of 2010

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ENERGY (BIOFUEL OBLIGATION AND MISCELLANEOUS PROVISIONS) ACT 2010

REVISED

Updated to 1 September 2019

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AN ACT TO FURTHER PROMOTE THE USE OF BIOFUEL IN THE STATE AND FOR THAT PURPOSE TO PROVIDE FOR THE INCREASED SUPPLY OF BIOFUEL IN THE STATE BY MEANS OF A BIOFUEL OBLIGATION REQUIRING THAT A SPECIFIED AMOUNT OF ROAD TRANSPORT FUEL IS BIOFUEL; TO IMPOSE A LEVY ON RELEVANT DISPOSALS OF BIOFUEL; TO CONFER ADDITIONAL FUNCTIONS ON THE NATIONAL OIL RESERVES AGENCY TO ADMINISTER THE BIOFUEL OBLIGATION; TO GIVE EFFECT TO CERTAIN PROVISIONS OF DIRECTIVE 2009/28/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 23 APRIL 2009 ON THE PROMOTION OF THE USE OF ENERGY FROM RENEWABLE SOURCES AND AMENDING AND SUBSEQUENTLY REPEALING DIRECTIVES 2001/77/EC AND 2003/30/EC; FOR THOSE AND OTHER PURPOSES TO AMEND AND EXTEND THE NATIONAL OIL RESERVES AGENCY ACT 2007; TO AMEND THE FUELS (CONTROL OF SUPPLIES) ACT 1971, THE FUELS (CONTROL OF SUPPLIES) ACT 1982, THE ELECTRICITY REGULATION ACT 1999 AND THE ENERGY (MISCELLANEOUS PROVISIONS) ACT 2006 AND TO PROVIDE FOR RELATED MATTERS.

[9th June, 2010]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART 1

Preliminary and General

1.

Short title and commencement.

1.— (1) This Act may be cited as the Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010.

(2) Subject to subsection (3), this Act comes into operation on such day or days as the Minister for Communications, Energy and Natural Resources may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

(3) This Part and sections 3 (in so far as it applies to sections 44A and 44B (both inserted by the said section 3) of the National Oil Reserves Agency Act 2007), 4, 5 and 16 come into operation on the date of the passing of this Act.

Annotations

Editorial Notes:

E1

Power pursuant to section exercised (2.02.2012) by Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (Section 3) (Commencement) Order 2012 (S.I. No. 32 of 2012).

2. In this Order “Act of 2010” means the Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (No. 11 of 2010).

3. The 2nd day of February 2012 is appointed as the day on which, subject to Article 4, section 3 (in so far as it is not already in operation) of the Act of 2010 comes into operation.

4. Article 3 does not apply to section 3 of the Act of 2010 in so far as that section relates to the insertion of section 44X into the National Oil Reserves Agency Act 2007 (No. 7 of 2007).

E2

Power pursuant to section exercised (27.06.2011) by Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (Commencement of Certain Provisions) (No. 2) Order 2011 (S.I. No. 280 of 2011).

2. The 27th day of June 2011 is appointed as the day on which the following provisions of the Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (No. 11 of 2010) come into operation:

(a) section 24;

(b) section 25;

(c) section 26;

(d) paragraph (a) of section 27.

E3

Power pursuant to section exercised (1.02.2011) by Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (Commencement of Certain Provisions) Order 2011 (S.I. No. 42 of 2011).

2. The 1st day of February 2011 is appointed as the day on which the following provisions of the Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (No. 11 of 2010) come into operation:

(a) section 22;

(b) section 23;

(c) paragraphs (b) to (j) of section 27.

E4

Power pursuant to section exercised (1.07.2010) by Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (Commencement of Certain Provisions) Order 2010 (S.I. No. 322 of 2010).

3. The 1st day of July 2010 is appointed as the day on which the following provisions of the Act of 2010 come into operation:

(a) subject to Article 4, section 3 (in so far as it is not already in operation);

(b) sections 6 to 15, and

(c) sections 17 to 21.

4. Article 3(a) does not apply to section 3 of the Act of 2010 in so far as that section relates to the insertion of sections 44G(4) and 44X into the National Oil Reserves Agency Act 2007 (No. 7 of 2007).

2.

Definition.

2.— In this Act “Principal Act” means the National Oil Reserves Agency Act 2007.

PART 2

Biofuel Obligation

3.

Biofuel obligation.

3.— The Principal Act is amended by inserting the following Part after Part 5:

“PART 5A

BIOFUEL OBLIGATION

Definitions for Part 5A.

44A.— (1) In this Part—

‘biofuel’ means liquid or gaseous fuel for transport produced from biomass;

‘biofuel levy assessment notice’ means a notice given under section 44Q;

‘ biofuel obligation ’ has the meaning assigned by section 44C;

‘biofuel obligation account’ means an account held under section 44E by an obligated party, biofuel producer or biofuel supplier and references to ‘biofuel obligation account holder’ shall be construed accordingly;

‘biofuel obligation certificate’ means a certificate issued under...