Sea Pollution (Miscellaneous Provisions) Act 2006
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: — (1) This Act may be cited as the Sea Pollution (Miscellaneous Provisions) Act 2006.
(2) This Act comes into operation on such day or days as the Minister for Transport may by order or orders appoint either generally or with reference to a particular purpose or provision and different days may be fixed for different purposes and different provisions.
(3) The Sea Pollution Acts 1991 to 1999, this paragraph and Part 3 of this Act may be cited together as the Sea Pollution Acts 1991 to 2006, and shall be construed together as one Act.
(4) The Harbours Acts 1996 to 2005, this paragraph and Part 4 may be cited together as the Harbours Acts 1996 to 2006.
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paragraphs: — The expenses incurred by the Minister for Transport in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
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paragraphs: — (1) In this Part, except where the context otherwise requires—
“bunker oil” means any hydrocarbon mineral oil (including lubricating oil) used or intended to be used for the operation or propulsion of a ship, and any residues of such oil;
“ charterer ” includes bareboat charterer;
“ Convention ” means the International Convention on Civil Liability for Bunker Oil Pollution Damage 2001, done at London on 23 May 2001;
“ Convention court ” means, in relation to a State Party (other than the State)—
(a) any court or tribunal that under the law of that State Party has jurisdiction to determine liability in respect of pollution damage incurred, and to award compensation therefore, or
(b) any court or tribunal that under the law of that State Party has jurisdiction to—
(i) adjudicate on any appeal from a judgment, or
(ii) review a judgment,
of a court or tribunal referred to in paragraph (a);
“ Council Regulation ” means Council Regulation (EC) No. 44/2001 of 22 December 2000 1 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters;
“ harbour authority ” means—
(a) in the case of a harbour to which the Harbours Acts 1946 to 1976 apply, a harbour authority within the meaning of those Acts,
(b) in the case of a harbour under the control of a company established pursuant to section 7 of the Harbours Act 1996 , the company concerned,
(c) in the case of a fishery harbour centre to which the Fishery Harbour Centres Act 1968 applies, the Minister for Communications, Marine and Natural Resources,
(d) in the case of a harbour under the control of a local authority, the local authority concerned,
(e) in the case of a harbour under the management of IarnrÃ³d Ãireann — Irish Rail, that body;
“inspector” means one or more of the following:
(a) a person duly appointed under section 14 ;
(b) a member of the Permanent Defence Forces holding commissioned rank, while in uniform;
(c) a member of the Garda SÃ­ochÃ¡na, while in uniform;
(d) as respects the harbour of which he or she is the harbour master, a person duly appointed to be the harbour master by the harbour authority concerned;
“Irish ship” means an Irish ship within the meaning of section 9 of the Mercantile Marine Act 1955 ;
“ judgment ” means a decision of a Convention court made in accordance with the provisions of the Convention awarding compensation to a person in respect of pollution damage incurred by him or her;
“ judgment debtor ” means the person against whom a Convention court has given a final judgment;
“ local authority ” has the same meaning as in the Local Government Act 2001 ;
“ master ” in relation to a ship, includes the manager or the operator or both;
“ Member State ” means a Member State of the European Communities, other than the State and Denmark;
“Minister” means the Minister for Transport;
“prescribed ” means prescribed by order or regulations made by the Minister under this Part;
“State Party” means a state (other than the State) that is declared by order under section 4 to be a State Party to the Convention.
(2) (a) A reference in this Part to the State includes a reference to—
(i) the inland waters of the State,
(ii) the territorial seas of the State, and the seabed and subsoil beneath those seas, and
(iii) subject to paragraph (b), any area lying within a line, every point of which is 200 nautical miles from the baselines for the purposes of the Maritime Jurisdiction Acts 1959 to 1988, and the waters above it.
(b) Nothing in paragraph (a)(iii) shall be construed as constituting a claim by the State to any area that—
(i) is under the jurisdiction of a state other than the State, and
(ii) the State recognises as being under such jurisdiction.
(3) A word or expression that is used in this Part and that is also used in the Convention has, in this Part, the meaning that it has in the Convention.
1 OJ No. L12 of 16.1.2001, p.1
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paragraphs: — (1) The Minister may by order—
(a) declare that any state specified in the order is a State Party to the Convention and such an order shall be evidence that that State is a State Party to the Convention,
(b) make a declaration for the purposes of Article 7.15 of the Convention,
(c) prescribe fees payable pursuant to section 9 (8).
(2) The Minister may by order amend or revoke an order made by him or her under this section.
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paragraphs: — The Minister may make regulations for carrying the provisions of this Part and the Convention into effect, including the issuing of certificates under section 9 .
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paragraphs: — Every order and regulation under this Part shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling such order or regulation is passed by either such House within the next 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
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paragraphs: — (1) Subject to the provisions of this Part the Convention shall have the force of law in the State and judicial notice shall be taken of it.
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paragraphs: — (1) In this section—
“ 1976 Convention ” means the Convention on Limitation of Liability for Maritime Claims, done at London on 19 November 1976;
“ 1996 Protocol ” means the Protocol to the 1976 Convention, done at London on 2 May 1996.
(2) Where the State has jurisdiction under the Convention, then Articles 6 to 9 of the 1976 Convention (as amended by Articles 3, 4 and 5 of the 1996 Protocol) shall apply.
(3) Where, pursuant to Article 8 of the 1996 Protocol, the limits of liability (including any one or more of the amounts specified in the relevant Articles) are duly amended by increasing the limits, then the Minister shall, if satisfied that the limits of liability have been duly increased, make an order giving the new, increased limits of liability the force of law. The Minister shall specify in the order a date, not earlier than their entering into force internationally in accordance with the 1996 Protocol, when the new limits come into force in the State.
(4) (a) For the purpose of the limits of liability specified in Articles 6 and 7 (as amended) of the 1976 Convention, the value in the currency of the State of the unit of account specified in that Convention shall be taken to be the value, ascertained in accordance with Article 8 (as amended) of that Convention, in that currency of such a unit of account on the relevant day specified in that said Article or, if its value on that day cannot be so ascertained, its value in that currency on the latest day before such day on which it can be so ascertained.
(b) For the purposes of this section a certificate purporting to be signed by an officer of the Central Bank and Financial Services Authority of Ireland and stating that—
(i) a specified amount in the currency of the State is the value of such a unit of account on a specified day, or
(ii) the value in the currency of the State of such a unit of account on a specified day cannot be ascertained in accordance with the 1976 Convention (as amended) and that a specified amount in the currency of the State is the value, calculated in accordance with that Convention, of such a unit of account on a specified day (being the latest day before the first-mentioned specified day on which such value can be ascertained as aforesaid),
shall be admissible as evidence of the facts stated in the certificate.
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paragraphs: — (1) Nothing in this Part shall affect the rights of subrogation of any person providing insurance or financial security under Article 7 of the Convention.
(2) This section applies to a certificate issued pursuant to Article 7 of the Convention attesting that insurance or other financial security is in force in accordance with the provisions of the Convention. Such a certificate shall be in the form set out in the Annex to the Convention.
(3) For the purposes of Article 7 of the Convention the appropriate authority in the State is the Minister.
(4) The owner—
(a) of an Irish ship, or
(b) of a ship registered in a state that is not a State Party,
may apply to the Minister for a certificate under this section.
(5) The Minister shall, on being satisfied that insurance or other financial security is in force in respect of the ship, issue a certificate under this section to the owner.
(6) Where an Irish ship—
(a) has a gross tonnage greater than 1,000, and
(b) does not have on board a certificate issued by the Minister under this section,
then, the owner, the charterer and the master of such ship are each guilty of an offence.
(7) The owner, the charterer and the master of a ship other than an Irish ship that—
(a) is located in the State,
(b) has a gross tonnage greater than 1,000, and
(c) does not have on board a certificate that complies with, and is issued in accordance with Article 7 of the Convention,
are each guilty of an offence.
(8) An application under subsection (4) shall be accompanied by such fee, not exceeding the expense incurred by the Minister in considering such application and issuing a certificate, as may be prescribed by the Minister.
(9) The Public Offices Fees Act 1879 shall not apply to fees under this section.
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paragraphs: — (1) This section shall not apply to a judgment of a court of a Member State other than a court or tribunal of a territory of a Member State to which the Council Regulation does not apply.
(2) A final judgment of a Convention court shall be recognised and enforceable in the State in accordance with Article 10 of the Convention.
(3) An application for the enforcement of a final judgment shall be made to the High Court.
(4) For the purposes of this Part a judgment shall be deemed to be a final judgment where—
(a) the time within which, under the law of the State Party concerned, an appeal against the judgment may be brought has expired and no such appeal has been brought,
(b) under the law of the State Party concerned there is no provision for an appeal from such judgment,
(c) an appeal against the judgment has been withdrawn, or
(d) the judgment has been affirmed or varied on appeal by the Convention court hearing such appeal, and—
(i) the time within which, under the law of the State Party concerned, an appeal against the decision to so affirm or vary has expired and no such appeal has been brought,
(ii) under the law of the State Party concerned there is no provision for an appeal from the decision to so affirm or vary, or
(iii) an appeal against the decision to so affirm or vary has been withdrawn.
(5) Subject to this section and Article 10 of the Convention, the High Court shall make an order in the amount of the final judgment, less any payments duly made in satisfaction since the date of the final judgment.
(6) A final judgment in respect of which an order under subsection (5) has been made shall, to the extent to which the enforcement of that judgment is authorised by the enforcement order, be of the same force and effect as if the judgment were a judgment of the High Court.
(7) In an application under this section to enforce a final judgment the High Court may, at any stage of the proceedings, make such order as it considers just and equitable having regard to the circumstances and Article 10 of the Convention.
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paragraphs: — The Council Regulation and the European Communities (Civil and Commercial Judgments) Regulations 2002 ( S.I. No. 52 of 2002 ) apply in respect of a judgment of a court or tribunal of a Member State other than a court or tribunal of a territory of a Member State to which the Council Regulation does not apply.
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paragraphs: — (1) An enforcement order under section 10 may, at the discretion of the court, provide for the payment to the applicant concerned by the judgment debtor of the reasonable costs of or incidental to the application for the order.
(2) (a) Where, on an application for an order under section 10 , it is shown that, in accordance with the law of the State Party in which the judgment was given, interest on a sum, the payment of which is provided for in the judgment, is recoverable under the judgment at a particular rate or rates and from a particular date or time, then the order, if made, shall provide that—
(i) the person by whom that sum is payable shall also be liable to pay the interest on it apart from any interest on costs recoverable by virtue of subsection (1), in accordance with the particulars noted in the order, and
(ii) the amount of the interest shall be recoverable by the applicant concerned as if it were part of that sum.
(b) Where the judgment debtor has limited his or her liability in accordance with the applicable limitation regime in force pursuant to Article 6 of the Convention the aggregate of the interest payable by virtue of this subsection and the amount of compensation payable by the judgment debtor in respect of the incident concerned shall not exceed the maximum amount of compensation payable under that Article in respect of any one incident caused by bunker oil carried on board the ship concerned.
(3) Interest shall be payable on a sum referred to in subsection (2) only as provided for by this section.
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paragraphs: — (1) The following documents shall be attached to an application for an order under section 10 :
(a) a duly certified copy of the judgment to which the application relates;
(b) in the case of a judgment that was given in default of appearance or defence, a duly certified copy of the document that establishes that the party in default was duly served with the document instituting the proceedings to which the judgment relates, or had notice of the proceedings or the document; and
(c) if the High Court so requires, a translation of the documents specified in paragraphs (a) and (b) certified as being a correct translation thereof by a person who is competent to so certify.
(2) For the purposes of this section—
(a) a document purporting to be a copy of a judgment shall be deemed to be duly certified if it purports—
(i) to bear the seal of the Convention court that gave it, or
(ii) to be certified by any person in his or her capacity as a judge or officer of that court as being a true copy of the judgment,
and
(b) a document purporting to be a copy of a document specified in subsection (1)(b) shall be deemed to be duly certified if it purports to be certified by a person, who in relation to the Convention court concerned, performs functions the same as or similar to those performed in relation to a court in this State by the registrar or clerk of it, as being a true copy of such document.
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paragraphs: — (1) The Minister may appoint such persons or classes of persons as he or she considers appropriate to be inspectors for the purposes of this Part.
(2) A person appointed under subsection (1) shall, on his or her appointment, be furnished by the Minister with a warrant of his or her appointment and when exercising a function conferred by this Part shall, if requested by any person thereby affected, produce such warrant to that person for inspection.
(3) Whenever an inspector has reasonable grounds for believing that an offence has been committed in relation to a ship under this section or section 9 and the ship concerned is located in the State he or she may detain the ship or take it to such place in the State as he or she considers appropriate and there detain it.
(4) An inspector may, for the purposes of this Part—
(a) stop any ship,
(b) board any ship,
(c) inspect and examine the ship,
(d) inspect and take copies of, or extracts from, the ship’s log (if any) and the ship’s manifest (if any) and any other records or documents on board the ship relating to the ship, its owner, bareboat charterer (if any), or master,
(e) require the master or any member of the crew of the ship to furnish him or her with such information or documents and give such assistance as he or she may reasonably require for the purpose of carrying out functions under this Part,
(f) detain a ship in accordance with section 15 .
(5) A person who—
(a) obstructs or interferes with an inspector in the performance of his or her functions under this Part, or
(b) fails or refuses to comply with a requirement of an inspector under subsection (4),
is guilty of an offence.
(6) If a ship that has been detained pursuant to this section leaves or attempts to leave the place at which it has been detained, the owner, bareboat charterer (if any) and the master of the ship concerned are each guilty of an offence.
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paragraphs: — (1) Where an inspector, in exercise of the powers conferred on him or her by this Part, has detained a ship and the persons on board the ship at a port or other place in the State because of his or her suspicion that an offence under section 9 or 14 has been committed, the inspector shall (unless proceeding under subsection (2)), as soon as may be, apply to a judge of the District Court for an order authorising the continued detention of the ship and those persons. The judge may grant an order authorising such detention for a period of 48 hours if he or she is satisfied that the applicant inspector has such a suspicion.
(2) Where an inspector, in exercise of the powers conferred on him or her by this Part, has detained a ship and the persons on board the ship at a port or other place in the State, the inspector shall, as soon as may be, bring the master of the ship and any other persons on board the ship, against whom proceedings for an offence under section 9 or 14 (6) have been or are about to be instituted, before a judge of the District Court. The judge shall, if he or she is satisfied that such proceedings have been or are about to be instituted against the master and those other persons or any one or more of them, by order directed to an inspector, require such inspector to detain at a specified place in the State the ship and each person (including the master) in respect of whom he or she is so satisfied, until such proceedings have been adjudicated upon by a court in exercise of its criminal jurisdiction. When such proceedings are so adjudicated upon, the judge of the court concerned may, by order, direct an inspector to further detain the ship at a specified place in the State pending the determination of any appeal from the adjudication concerned or the determination of any other proceedings connected with such adjudication or appeal.
(3) Where an inspector, pursuant to an order under subsection (1), continues to detain a ship and the persons on board the ship at a port or other place in the State, an inspector may bring the master and any other persons on board the ship, against whom proceedings for an offence under section 9 or 14 (6) have been or are about to be instituted, before a judge of the District Court and such judge shall—
(a) before the expiration of the period of 48 hours to which the said order applies, and
(b) if he or she is satisfied that such proceedings have been or are about to be instituted against the master and those other persons or any one or more of them,
by order directed to an inspector, require such inspector to detain at a specified place in the State the ship and each person (including the master) aforesaid in respect of whom he is so satisfied until such proceedings have been adjudicated upon by a court in exercise of its criminal jurisdiction, and when such proceedings are so adjudicated upon the judge of the court concerned may, by order, direct an inspector to further detain the ship at a specified place in the State pending the determination of any appeal from the adjudication concerned or the determination of any other proceedings connected with such adjudication or appeal.
(4) Where an order is made under subsection (2) or (3), a judge of the District Court or, as may be appropriate, the judge of the court adjudicating upon proceedings referred to in those subsections or that has adjudicated upon such proceedings, may by order direct an inspector to release the ship to which the order applies, subject to the giving of security, by or on behalf of the defendant, that in the opinion of the judge concerned would be adequate to provide for the payment of—
(a) in circumstances where—
(i) a court has not yet adjudicated upon such proceedings, the maximum fine for which the defendant would be liable if guilty of the offence to which the proceedings relate, or
(ii) the defendant has been convicted in such proceedings, any fine imposed by the court concerned,
and
(b) the estimated amount of the costs (if any) of any trials, appeals or other proceedings in relation to such an offence for which the defendant would be liable if convicted thereof or would be liable, if on appeal from a conviction for such offence or on the conclusion of any other proceedings connected with such conviction, the conviction were affirmed.
(5) Subsection (3) is in addition to and not in substitution for any other power of a court to require the entering into of a bond or recognisance by the defendant in respect of any trials, appeals or other proceedings to which the offence concerned relates.
(6) Where an order is made under this section for the detention or release of a ship, the ship shall be detained or released, as the case may be, in accordance with the terms of the order.
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paragraphs: — (1) The following provisions shall have effect in relation to the recovery of a fine for an offence under this Part committed by the owner or master of the ship concerned and the costs (if any) ordered to be paid in respect of proceedings for such offence:
(a) the court concerned shall fix a time within which such fine and costs (if any) are to be paid;
(b) where the ship concerned is detained under section 15 (2) or 15 (3) the court shall by order direct an inspector to further detain the ship at a specified place in the State until such fine and costs (if any) are paid, and the inspector shall comply with such order;
(c) where such fine and costs (if any) are not paid within the said time, such fine and costs may be recovered by the distress and sale of such ship, her equipment, furniture and apparel;
(d) the court shall order—
(i) the payment in whole or in part of any moneys given as security in accordance with section 15 (4), or
(ii) the sale of any property real or personal given as security in accordance with the said section 15 (4) and the payment in whole or in part of the proceeds of any such sale,
in satisfaction in whole or in part of such fine and costs (if any).
(2) Nothing in subsection (1) shall be construed as preventing a fine or costs to which that subsection applies being recovered from the defendant concerned by ordinary process of law.
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paragraphs: — (1) (a) A person guilty of an offence under section 9 is liable—
(i) on summary conviction, to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months, or to both, or
(ii) on conviction on indictment, to a fine not exceeding €1,500,000, or to imprisonment for a term not exceeding 5 years, or to both.
(b) A person guilty of an offence under this Part (other than section 9 ) is liable—
(i) on summary conviction to a fine not exceeding €3,000, or to imprisonment for a term not exceeding 12 months, or to both, or
(ii) on conviction on indictment, to a fine not exceeding €15,000, or to imprisonment for a term not exceeding 2 years, or to both.
(2) Section 13 of the Criminal Procedure Act 1967 shall apply in relation to an offence under this Part as if, in lieu of the penalties specified in subsection (3)(a) of that section, there were specified therein the penalties provided for in subsection (1)(a)(i). The reference in section 13(2)(a) of the Criminal Procedure Act 1967 to the penalties provided for by subsection 3 of that section shall be construed and have effect accordingly.
(3) Where an offence under this Part is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to, any neglect on the part of any director, manager, secretary or other officer of such body corporate or a person who was purporting to act in any such capacity, that officer or person is guilty of an offence and is liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
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paragraphs: — (1) Summary proceedings for an offence under this Part may be brought and prosecuted by the Minister.
(2) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act 1851 , summary proceedings for an offence under this Part may be instituted—
(a) within 2 years from the date on which the offence was committed, and
(b) if at the end of that period, the person to be charged is outside the State, within 2 months of the date on which he or she next enters the State.
(3) References in section 382 of the Companies Act 1963 to a company shall, for the purposes of this Part, be construed as including references to a body corporate (whether or not a company within the meaning of that section) charged on indictment with an offence under this Part.
num: 19
paragraphs: — In this Part—
“ Act of 1991” means the Sea Pollution Act 1991 ;
“ Act of 1999 ” means the Sea Pollution (Amendment) Act 1999 .
num: 20
paragraphs: — Section 2 of the Act of 1999 is amended—
(a) in subsections (1) and (2) by substituting “as soon as possible” for “as soon as may be”,
(b) by inserting the following after subsection (1):
“(1A) A harbour authority shall, as soon as possible after the commencement of this subsection, prepare and submit to the Minister a plan for the prevention and minimisation of damage arising out of a pollution incident by hazardous and noxious substances occurring in a harbour under its control.”,
(c) by inserting the following after subsection (2):
“(2A) The operator of a hazardous and noxious substances handling facility shall, as soon as possible after the commencement of this subsection, prepare and submit to the Minister a plan for the prevention and minimisation of damage arising out of a pollution incident by hazardous and noxious substances occurring on the handling facility concerned.”,
(d) by inserting the following after subsection (3):
“(3A) The Minister may require a local authority, within such period as is specified by the Minister, to prepare and submit to him or her a plan for the prevention and minimisation of damage, arising out of a pollution incident by hazardous and noxious substances, to any area of seashore that is in whole or in part within its functional area or contiguous thereto.
(3B) The owner or master of a relevant Irish ship shall, as soon as possible after the commencement of this subsection, prepare and submit to the Minister a plan for the prevention and minimisation of damage arising out of an oil pollution incident and a plan for the prevention and minimisation of damage arising out of a pollution incident by hazardous and noxious substances occurring on such ship.”,
and
(e) in subsection (5) by substituting “operator, local authority or Irish ship concerned” for “operator or local authority concerned”.
num: 21
paragraphs: — The Act of 1999 is amended by substituting the following for section 3:
“3.— (1) A harbour authority shall, in relation to a harbour under its control, have in place—
(a) an oil pollution emergency plan, and
(b) a hazardous and noxious substances pollution emergency plan.
(2) (a) The operator of an offshore unit or oil handling facility shall, in relation to the unit or handling facility concerned, have in place an oil pollution emergency plan.
(b) The operator of a hazardous and noxious substances handling facility shall, in relation to the handling facility concerned, have in place a hazardous and noxious substances pollution emergency plan.
(c) The master, or such other person as may have charge, of a relevant Irish ship shall ensure that there is on board the ship an oil pollution emergency plan and a hazardous and noxious substances pollution emergency plan in relation to the ship. Each such plan shall be in the English language.
(d) The master, or such other person as may have charge, of a ship registered in a country, other than the State, which is a party to the Convention shall ensure that there is on board the ship—
(i) an emergency plan for the prevention and minimisation of damage arising from an oil pollution incident,
(ii) an emergency plan for the prevention and minimisation of damage arising from a pollution incident by hazardous and noxious substances, and
(iii) where any such plan is not in the English language, a duly certified copy of the plan in the English language,
and each such plan shall comply with the legal requirements of the country in which the ship is registered.
(e) Where the Minister has made regulations under paragraph (f), the master, or such other person as may have charge, of a ship to which such regulations apply shall ensure that there is on board the ship—
(i) an emergency plan for the prevention and minimisation of damage arising from an oil pollution incident,
(ii) an emergency plan for the prevention and minimisation of damage arising from a pollution incident by hazardous and noxious substances, and
(iii) where any such plan is not in the English language, a duly certified copy of the plan in the English language,
and each such plan shall comply with those regulations.
(f) (i) In respect of a ship registered in a country which is not a party to the Convention, the Minister may by regulations require the master, or such other person as may have charge, of the ship, while that ship is in the State to have on board the ship—
(I) an emergency plan for the prevention and minimisation of damage arising from an oil pollution incident,
(II) an emergency plan for the prevention and minimisation of damage arising from a pollution incident by hazardous and noxious substances, and
(III) where any such plan is not in the English language, a duly certified copy of each such plan in the English language.
(ii) Regulations under this paragraph may provide for all or any of the following matters in relation to each such plan:
(I) the matters to be covered by such plan;
(II) such other and incidental matters as appear to the Minister to be necessary.
(g) Paragraphs (d), (e) and (f) apply only to a ship which is—
(i) an oil tanker of not less than 150 tons gross tonnage, or
(ii) a ship other than an oil tanker of not less than 400 tons gross tonnage.
(3) (a) Each local authority of which a requirement is made under section 2(3) shall, in relation to the area of seashore to which the requirement relates, have in place an oil pollution emergency plan.
(b) Each local authority of which a requirement is made under section 2(3A) shall, in relation to the area of seashore to which the requirement relates, have in place a hazardous and noxious substances pollution emergency plan.
(4) A person who contravenes this section shall be guilty of an offence.”.
num: 22
paragraphs: — Section 4 of the Act of 1999 is amended by substituting the following for subsection (3):
“(3) For the purposes of the Sea Pollution Acts 1991 to 2006, an authorised officer may—
(a) enter at any time a relevant facility or ship, or any part thereof, for the purpose of exercising any powers conferred on him or her by this section,
(b) make inspections and carry out such tests as he or she thinks fit in relation to the carrying on of any activities in a relevant facility or ship, including the monitoring and assessment of the effects on the marine environment of such activities,
(c) make such inspections and carry out such tests in a relevant facility or ship as he or she thinks fit for the purposes of monitoring and assessing the effects on the marine environment of any oil pollution incident or a pollution incident by hazardous and noxious substances,
(d) require any person in a relevant facility or ship to produce to him or her such documents, records or materials as are in that person’s possession or control relating to any plan which is required to be kept on board the relevant facility or ship and to give to him or her such information as he or she may reasonably require in respect of such documents, records or materials, or
(e) require any person holding any position of authority or responsibility in relation to the implementation of any plan referred to in paragraph (d) to give to him or her such information as he or she may reasonably require in relation to the procedures employed or steps taken to ensure the carrying out of and compliance with such plan.
(3A) In this section ‘relevant facility or ship’ means one or more of the following:
(a) a harbour;
(b) an offshore unit;
(c) an oil handling facility;
(d) a hazardous and noxious substances handling facility;
(e) a relevant Irish ship;
(f) a ship to which one or more of paragraphs (d), (e) and (f) of section 3(2) applies.”.
num: 23
paragraphs: — Section 25 of the Act of 1991 is amended in subsection (1A) (inserted by section 5(b) of the Act of 1999)—
(a) by inserting “or hazardous and noxious substances handling facility” after “oil handling facility”, and
(b) in paragraph (b) by inserting “or pollution incident by hazardous and noxious substances” after “oil pollution incident”.
num: 24
paragraphs: — Section 6 of the Act of 1999 is amended—
(a) in both subsections (1)(a) and (3)(a) by inserting “or a hazardous and noxious substances pollution emergency plan” after “oil pollution emergency plan”,
(b) in both subsections (1)(b) and (3)(b) by inserting “or a pollution incident by hazardous and noxious substances” after “oil pollution incident”, and
(c) by substituting the following for subsection (2):
“(2) The Minister may—
(a) give a direction in writing to the operator of an offshore unit, oil handling facility or hazardous and noxious substances handling facility or to the master, or such other person as may have charge, of a relevant Irish ship requiring the operator, master or other person concerned to make such modifications or alterations to either or both an oil pollution emergency plan and a hazardous and noxious substances pollution emergency plan in respect of the offshore unit, handling facility or relevant Irish ship, as the case may be, under the control of the operator, or the master or such other person, as the Minister deems appropriate, or
(b) in relation to an offshore unit, oil handling facility, hazardous and noxious substances handling facility or relevant Irish ship, give a direction (in writing or otherwise) to the operator of such offshore unit or handling facility or to the master, or such other person as may have charge, of a relevant Irish ship, as the case may be, to do or refrain from doing anything, the doing or refraining from doing of which is, in the opinion of the Minister, necessary or expedient for the purposes of responding to an oil pollution incident or a pollution incident by hazardous and noxious substances in or on the offshore unit, handling facility or relevant Irish ship concerned.”.
num: 25
paragraphs: — The Act of 1991 is amended by substituting the following for section 13 (inserted by section 7(a) of the Act of 1999):
“13.— (1) Whenever there is an incident, whether on board or outside a ship—
(a) resulting in a discharge, in the State or a prescribed area, of hazardous and noxious substances or a pollutant or, in the event that a regulation has been made under section 10, a quantity of a pollutant in excess of that permitted under such a regulation, from a ship, or
(b) giving rise to circumstances from which it is reasonable to infer that there is likely to be such a discharge, in the State or a prescribed area, from a ship,
the master of the ship concerned or of any other ship involved in such incident or from which such incident is observed shall forthwith report the matter to the Minister or, where the incident or discharge occurs in or is observed from a harbour, to the harbour-master, or person for the time being performing the functions of harbour-master, in relation to such harbour.
(2) Where the presence of oil or hazardous and noxious substances in the sea is observed from a ship in the State or a prescribed area the master of such ship shall forthwith report the matter to the Minister, or where such presence is observed from a ship in a harbour, to the harbour-master or person for the time being performing the functions of harbour-master in relation to such harbour.
(3) A harbour-master or person performing, for the time being, the functions of harbour-master in relation to a harbour shall—
(a) on receipt of a report under subsection (1) or (2),
(b) on being informed of an incident resulting in a discharge, in the harbour concerned, of hazardous and noxious substances or a pollutant or, in the event that a regulation has been made under section 10, a quantity of a pollutant in excess of that permitted under such a regulation, or the existence of circumstances from which it is reasonable to infer that there is likely to be a discharge of hazardous and noxious substances or a pollutant or quantity of a pollutant in excess of that permitted under section 10 in the harbour, or
(c) on observing an incident referred to in paragraph (b), or hazardous and noxious substances or a pollutant or, in the event that a regulation has been made under section 10, a quantity of a pollutant in excess of that permitted under such a regulation in the sea, within the harbour,
report the matter to the Minister.
(4) A report under this section shall be made forthwith, using the quickest means of communication available, and shall comply with such requirements (if any) as the Minister may prescribe.
(5) A person who contravenes this section or a requirement prescribed under subsection (4) shall be guilty of an offence.
(6) In this section ‘pollutant’ means oil, an oily mixture, noxious liquid substance, harmful substance, sewage or garbage, other than hazardous and noxious substances.”.
num: 26
paragraphs: — The Act of 1991 is amended by substituting the following for section 13A (inserted by section 7(b) of the Act of 1999):
“13A.— (1) Whenever there is an incident, whether on board or outside an Irish ship—
(a) resulting in a discharge, outside the State or a prescribed area, of oil or hazardous and noxious substances from a ship, or
(b) giving rise to circumstances from which it is reasonable to infer that there is likely to be such a discharge, outside the State or a prescribed area, from a ship,
the master of any Irish ship involved in such incident or of any Irish ship from which such incident was observed, shall forthwith report the matter to the maritime administration, in the state closest to the place where the incident occurred, or to the person performing, in relation to the port closest to that place, functions the same as or similar to the functions performed by a harbour-master in relation to a harbour in the State, as may be appropriate.
(2) Where the presence of oil or hazardous and noxious substances in the sea outside the State or a prescribed area is observed from an Irish ship the master of such ship shall forthwith report the matter to the maritime administration in the state closest to the place where such presence was observed, or to the person performing, in relation to the port closest to that place, functions the same as or similar to the functions performed by a harbour-master in relation to a harbour in the State, as may be appropriate.
(3) A person who contravenes this section shall be guilty of an offence.”.
num: 27
paragraphs: — The Act of 1991 is amended by substituting the following for section 13B (inserted by section 7(b) of the Act of 1999):
“13B.— (1) Whenever an incident occurs on an offshore unit, oil handling facility or hazardous and noxious substances handling facility—
(a) resulting in a discharge of oil or hazardous and noxious substances in the State or a designated area, or
(b) giving rise to circumstances from which it is reasonable to infer that there is likely to be such a discharge in the State or a designated area,
the person for the time being in charge of the offshore unit or handling facility concerned shall forthwith report the matter to the Minister or, in the case of a handling facility in a harbour, to the harbour-master, or person performing, for the time being, the functions of harbour-master in relation to that harbour.
(2) Whenever a person on an offshore unit, oil handling facility or hazardous and noxious substances handling facility observes an incident involving a discharge in the State or a designated area of oil or hazardous and noxious substances, or an incident from which, having regard to all the circumstances observed, it would be reasonable to infer that such a discharge in the State or a designated area is likely to occur, or observes the presence of oil or hazardous and noxious substances in the sea, he or she shall report the matter to the person for the time being in charge of the offshore unit or handling facility concerned.
(3) A person for the time being in charge of an offshore unit, oil handling facility or hazardous and noxious substances handling facility shall, on receipt of a report under subsection (2), forthwith report the matter to the Minister.
(4) A harbour-master or person performing for the time being the functions of harbour-master in relation to a harbour shall, on receipt of a report under subsection (1), forthwith report the matter to the Minister.
(5) A report under this section shall comply with such requirements (if any) as the Minister may prescribe.
(6) A person who contravenes this section or a requirement prescribed under subsection (5) shall be guilty of an offence.”.
num: 28
paragraphs: — The Act of 1999 is amended by substituting the following for section 8:
“8.— (1) The Minister shall prepare a plan (in this section referred to as ‘the plan’) specifying the measures to be taken to prevent and minimise damage in the State resulting from discharges (in this section referred to as ‘discharges’) of oil or hazardous and noxious substances from ships, offshore units, oil handling facilities and hazardous and noxious substances handling facilities (either or both of which handling facilities are, in this section, referred to as ‘handling facilities’).
(2) Without prejudice to the generality of subsection (1), the plan shall provide for—
(a) the placing, at such places in the State as may be specified therein, of such equipment and materials to be used in connection with the removal, degrading or disposal of discharges into the sea or onto land as may be specified in the plan,
(b) the training of such persons or classes of persons as may be specified in the plan in the use of equipment and materials to which paragraph (a) applies, and generally in the carrying out of operations to prevent and minimise damage in the State resulting from discharges from ships, offshore units or handling facilities,
(c) the conducting of exercises by such persons or classes of persons and at such intervals as are specified in the plan to ensure the greater effectiveness of measures taken to prevent or minimise damage in the State resulting from discharges from ships, offshore units or handling facilities,
(d) the maintenance and improvement of co-operation and communication between persons required to comply with such provisions of the plan as are specified in a direction of the Minister under subsection (3), and
(e) the co-ordination of the activities of persons to whom paragraph (d) applies, when carrying out operations to prevent and minimise damage in the State resulting from discharges from ships, offshore units or handling facilities.
(3) The Minister may, by direction in writing, require such persons as he or she considers appropriate to comply with such provisions of the plan as are specified in the direction.
(4) The plan shall be published in such manner as the Minister considers appropriate.
(5) A person who fails to comply with a direction of the Minister under this section shall be guilty of an offence.”.
num: 29
paragraphs: — The Act of 1999 is amended by substituting the following for section 9:
“9.— The Minister may, alone or jointly with a foreign maritime administration, arrange for the provision, on such terms as he or she considers appropriate, whether by purchasing, leasing, hiring or otherwise, of such equipment and materials as he or she considers necessary or expedient for the carrying out of operations for the prevention or minimising of damage in the State resulting from discharges of oil or hazardous and noxious substances from ships, offshore units, oil handling facilities or hazardous and noxious substances handling facilities, or for the training of persons in the carrying out of such operations, or for the purposes of operations undertaken in relation to vessels in distress in accordance with section 7 of the Merchant Shipping (Salvage and Wreck) Act 1993 or in relation to salvage operations as defined in section 12 of that Act.”.
num: 30
paragraphs: — Section 10 of the Act of 1999 is amended—
(a) by inserting “or hazardous and noxious substances” after “discharge of oil”, and
(b) by substituting “, oil handling facility or hazardous and noxious substances handling facility,” for “or oil handling facility,”.
num: 31
paragraphs: — Section 11 of the Act of 1999 is amended in subsection (1)—
(a) by inserting “or hazardous and noxious substances” after “discharge of oil”, and
(b) by substituting “, oil handling facility or hazardous and noxious substances handling facility,” for “or oil handling facility,”.
num: 32
paragraphs: — Section 12 of the Act of 1999 is amended in both subsections (2) and (3) by substituting “cargo, oil or hazardous and noxious substances” for “cargo or oil”.
num: 33
paragraphs: — Section 26 of the Act of 1991 is amended—
(a) in subsection (4) by substituting “ship;” for “ship.” in paragraph (h) and by inserting the following after paragraph (h):
“(i) the establishment and maintenance of a temporary exclusion zone around a maritime casualty or an offshore unit, oil handling facility or hazardous and noxious substances handling facility.”,
and
(b) in subsection (10), in the definition of “substance other than oil”, by inserting “, and includes hazardous and noxious substances” after “legitimate uses of the sea”.
num: 34
paragraphs: — Section 3 of the Act of 1991 is amended in subsection (1)—
(a) by inserting, before the definition of “discharge”, the following definitions:
“ ‘ AFS Convention ’ means the International Convention on the Control of Harmful Anti-fouling Systems done at London on 5 October 2001;
‘ anti-fouling system ’ means a coating, paint, surface treatment, surface, or device that is used on a ship to control or prevent attachment of unwanted organisms;
‘ballast water’ means water with its suspended matter taken on board a ship to control trim, list, draught, stability or stresses of the ship;
‘ ballast water management’ means mechanical, physical, chemical, and biological processes, either singularly or in combination, to remove, render harmless, or avoid the uptake or discharge of harmful aquatic organisms and pathogens within ballast water and sediments;
‘ BWM Convention’ means the International Convention for the Control and Management of Ships’ Ballast Water and Sediments 2004 done at London on 13 February 2004;”,
(b) in the definition of “discharge” by substituting “sewage, garbage, substances subject to control by Annex VI to the MARPOL Convention, anti-fouling systems or ships’ ballast water and sediments” for “sewage or garbage”,
(c) by inserting, after the definition of “discharge”, the following definitions:
“ ‘ harmful aquatic organisms and pathogens ’ means aquatic organisms or pathogens which, if introduced into the sea, including estuaries, or into fresh water courses, may create hazards to the environment, human health, property or resources, impair biological diversity or interfere with other legitimate uses of such areas;
‘hazardous and noxious substances ’ means any substance other than oil which, if introduced into the marine environment, is likely to create a hazard to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea;
‘ hazardous and noxious substances handling facility ’ means a facility where hazardous and noxious substances are loaded into or unloaded from ships;
‘ hazardous and noxious substances pollution emergency plan ’ in relation to a harbour, offshore unit, oil handling facility, hazardous and noxious substances handling facility, Irish ship or an area of seashore in whole or in part within the functional area, or contiguous to the functional area, of a local authority, means a plan for the prevention and minimisation of damage arising out of a pollution incident by hazardous and noxious substances approved by the Minister under section 2 of the Sea Pollution (Amendment) Act 1999 ;”,
and
(d) by inserting, after the definition of “related interests”, the following definition:
“ ‘ sediments ’ means matter settled out of ballast water within a ship;”.
num: 35
paragraphs: — Section 1 of the Act of 1999 is amended in subsection (1)—
(a) by substituting the following for the definition of “the Convention”:
“ ‘ Convention ’ means the International Convention on Oil Pollution Preparedness, Response and Co-operation 1990, done at London on 30 November 1990 together with the Protocol done at London on 15 March 2000;”,
(b) by inserting the following after the definition of “harbour authority”:
“ ‘ hazardous and noxious substances ’ means any substance other than oil which, if introduced into the marine environment, is likely to create a hazard to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea;
‘ hazardous and noxious substances handling facility ’ means a facility where hazardous and noxious substances are loaded into or unloaded from ships;
‘ hazardous and noxious substances pollution emergency plan ’ in relation to a harbour, offshore unit, oil handling facility, hazardous and noxious substances handling facility, Irish ship or an area of seashore in whole or in part within the functional area, or contiguous to the functional area, of a local authority, means a plan for the prevention and minimisation of damage arising out of a pollution incident by hazardous and noxious substances approved by the Minister under section 2 of this Act;”,
(c) in the definition of “oil pollution emergency plan” by inserting “, relevant Irish ship” after “oil handling facility”,
(d) by inserting the following after the definition of “oil pollution incident”:
“ ‘ pollution incident by hazardous and noxious substances ’ means any occurrence or series of occurrences having the same origin, including fire or explosion, which results or may result in a discharge, release or emission of hazardous and noxious substances and which poses or may pose a threat to the marine environment in the State, or to the coastline or related interests of one or more states, and which requires emergency action or immediate response;”,
and
(e) by inserting the following after the definition of “the Principal Act”:
“ ‘ Protocol ’ means the Protocol specified in the definition of ‘Convention’;
‘ relevant Irish ship ’ means an Irish ship which is—
(a) an oil tanker of not less than 150 tons gross tonnage, or
(b) a ship other than an oil tanker of not less than 400 tons gross tonnage;”.
num: 36
paragraphs: — The Act of 1991 is amended by inserting the following new Part after Part III:
“PART IIIA
ACTS OF EUROPEAN COMMUNITIES
Power of Minister to make regulations to give effect to acts of European Communities.
28A.— (1) The Minister may make regulations to give effect to any act adopted by an institution of the European Communities in respect of any matter referred to in Part II or III.
(2) A person who contravenes a regulation under this section shall be guilty of an offence.”.
num: 37
paragraphs: — The Act of 1991 is amended—
(a) in subsections (1) and (4) of section 10, paragraphs (a) and (b) of section 11, subsections (1)(a) and (3) of section 12 and sections 13(6), 14(1) and 19(b), by substituting “sewage, garbage, substances subject to control by Annex VI to the MARPOL Convention, anti-fouling systems or ships’ ballast water and sediments” for “sewage or garbage”,
(b) in section 12(2)(a), by substituting “sewage, garbage, substances subject to control by Annex VI to the MARPOL Convention, anti-fouling systems and ships’ ballast water and sediments” for “sewage and garbage”,
(c) in paragraphs (d) and (g) of subsection (2) of section 21 and section 25(1)(a) by substituting “sewage, garbage, substances subject to control by Annex VI to the MARPOL Convention or anti-fouling systems ” for “sewage or garbage”, and
(d) in section 28(a) by inserting “, the AFS Convention, the BWM Convention” after “MARPOL Convention”.
num: 38
paragraphs: — The Harbours Act 1996 is amended by inserting the following after section 95:
“Immunity of certain persons.
95A.— No action or other proceedings shall lie or be maintainable against—
(a) a harbour authority within the meaning of section 2 of the Harbours Act 1946 ,
(b) a company within the meaning of section 2, or
(c) the servants or agents of an authority or company to which paragraph (a) or (b) relates,
for the recovery of damages in respect of any injury to persons, damage to property or other loss alleged to have been caused or contributed to by a failure to perform or to comply with any of the functions conferred on them under the Dangerous Substances Act 1972 .”.