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Functions of Commission relating to petroleum safety
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4. The following is substituted for section 13H of the Act of 1999:
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“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.
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(2) Without prejudice to the generality of subsection (1), the Commission’s functions under this Part are—
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(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),
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(b) subject to sections 13S to 13U, to investigate and report to the Minister in writing on petroleum incidents,
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(c) to monitor and enforce compliance by petroleum undertakings, operators and owners with their obligations under this Part,
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(d) to issue safety permits,
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(e) to provide safety information to the public when appropriate,
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(f) to assess, and where relevant accept or reject, safety cases and notifications submitted by operators and owners under this Part,
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(g) to carry out the objectives of the competent authority as set out in section 13GA,
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(h) to establish a mechanism for tripartite consultation on—
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(i) the safety framework established under section 13I,
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(ii) the safety case guidelines under section 13L,
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(iii) matters set out in Annex VI to the Directive, and
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(iv) any other matter considered necessary by the Commission.
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(3) The Commission shall, in performing its functions under this Part, have regard to—
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(a) such functions with respect to the safety of petroleum activities as may be performed by the persons specified in subsection (4),
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(b) the need to co-operate and consult with the persons specified in subsection (4) for the purpose of—
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(i) encouraging and fostering safety in the carrying on of petroleum activities, and
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(ii) avoiding duplication of activities by the Commission and the persons specified in subsection (4).
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(4) The following are the persons to whom paragraphs (a) and (b) of subsection (3) apply:
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(a) the National Standards Authority of Ireland;
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(b) the Health and Safety Authority;
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(c) the Environmental Protection Agency;
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(d) the Minister for Transport, Tourism and Sport;
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(e) the Irish Aviation Authority;
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(f) such other persons as may be prescribed by order by the Minister.
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(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.
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(6) The Commission shall—
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(a) make annual plans for the purpose of carrying out its function to monitor and enforce compliance under subsection (2)(c),
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(b) provide advice on any matter requested by the Minister—
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(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
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(ii) on the technical capacity of any operator proposed by a petroleum undertaking to the Minister,
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and
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(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.
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(7) Subsections (3), (4) and (5) of section 9 do not apply to the functions of the Commission under this Part.”.
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