Gas Act 1976

1. General

1.1
The Gas Act, 1976, came into force on the 13th September, 1976, by virtue of the Gas Act, 1976, (Establishment Day) Order, 1976, (S.I. No. 209 of 1976).

1.2
On the establishment day, Bord Gais Eireann (The Irish Gas Board), referred to in the Act as “the Board”, was established, as a body corporate with perpetual succession and with power to hold and dispose of land or rights over land.

1.3 Powers of “the Board” under the Act
The board may acquire compulsorily or otherwise, any land or right over land for the performance or implementation of the various functions of the Board, its main functions being to develop and maintain a system for the supply of natural gas.

2. Acquisition of Land or Right over Land by Ministerial Order

2.1 General
Under section 32 of the 1976 Act, the Board may apply to the appropriate Minister, who at present is the Minister for Public Enterprise, for an order to acquire compulsorily any land or right over land.

Where such an order is made in relation to land, the order vests in the Board, without any further assurance, the estate or interest specified in the Order in such land free from all rights (including any public right other than a public right of way) charges, burdens, or other incumbrances or interests and from the claims of all persons other than:

(a) in case the land is subject to a State Annuity and is vested by the order in the Board in fee simple, that State Annuity.

(b) such burdens (if any) as are specified in the order.

Where such an order is made in relation to a right over land other than a public right of way, the order shall operate (subject to any restrictions and provisions specified by the Minister) to grant or transfer to the Board the right, or interest in such a right, specified in the order, free from all claims and all other rights of any persons who are interested in that interest.

Finally, where an order is made in relation to a public right of way, the order shall operate to extinguish the public right of way.

The Minister may by order amend an acquisition order (section 32(9) of the Gas Act).

Where unregistered land is acquired registration is compulsory under section 23(1)(b) of the Registration of Title Act, 1964.

2.2 Registration

(i) On lodgement of a copy order with map or plan attached thereto as part of the order, under the official seal of the appropriate Minister, vesting an estate or interest in land in the Board, the Board is to be registered as owner of the land on the appropriate...

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