STATUTORY INSTRUMENTS

S.I. No. 389 of 2001

Petroleum and Offshore Exploration (Transfer of Departmental Administration and Ministerial Functions) Order, 2001.

S.I. No. 389 of 2001

Petroleum and Offshore Exploration (Transfer of Departmental Administration and Ministerial Functions) Order, 2001.

The Government, in exercise of the powers conferred on them by section 6(1) of the Ministers and Secretaries (Amendment) Act, 1939 (No. 36 of 1939) , hereby order as follows:

1.     This Order may be cited as the Petroleum and Offshore Exploration (Transfer of Departmental Administration and Ministerial Functions) Order, 2001.

2.     In this Order -

‘functions’ includes powers and duties;

‘upstream pipeline network’ means any pipeline or network of pipelines which are:

(a)   constructed or operated or constructed and operated as part of an oil or gas production project, or

(b)   used to convey natural gas from one or more such projects to a processing plant, terminal or final coastal landing terminal.

3.     The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are transferred to the Department of the Marine and Natural Resources.

4.     (1)   The functions vested in the Minister for Public Enterprise (being the title of that Minister by virtue of the Transport, Energy and Communications (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 299 of 1997 )) by virtue of the Energy (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order, 1993 ( S.I. No. 12 of 1993 ), by or under the provisions of the Gas Act, 1976 (No. 30 of 1976) , as amended, which are set out in column (1) of the Table to this article are hereby transferred to the Minister for the Marine and Natural Resources to the extent specified in column (2) of that Table opposite the mention of the section in the said column (1).

(2)  References to the Minister for Public Enterprise and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for the Marine and Natural Resources.

Table

5.     Where, immediately before or after the commencement of this Order, any legal proceedings are pending to which the Minister for Public Enterprise is a party and the proceedings have reference to functions transferred by this Order to the Minister for the Marine and Natural Resources then the Minister for the Marine and Natural Resources shall, in so far as the proceedings relate to any function transferred by this Order, be substituted in the proceedings for that of the Minister for Public Enterprise or added in the proceedings, as may be appropriate, and the proceedings shall not abate by reason of such substitution.

6.     Anything commenced before the commencement of this Order by or under the authority of the Minister for Public Enterprise may, so far as it relates to functions transferred by this Order to the Minister for the Marine and Natural Resources, be carried on or completed on or after such commencement by the Minister for the Marine and Natural Resources.

7.     Every document (including any certificate or licence) granted or made in the exercise of a function transferred by this Order or in relation to any such function shall, if and in so far as it was operative immediately before the commencement of this Order, have effect on and after such commencement as if it had been granted or made by the Minister for the Marine and Natural Resources.

EXPLANATORY NOTE

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

The Order transfers to the Minister for the Marine and Natural Resources with effect from the date specified Ministerial functions and Departmental administration in relation to licences and leases for the development or exploitation of a deposit of natural gas and restriction on construction and operation of upstream pipeline networks in addition to those already transferred by the Petroleum and Offshore (Transfer of Departmental Administration and Ministerial Functions) Order, 2000.