LegalizeSEA POLLUTION ACT, 1991
This is the most recent text the official source publishes. It is not a snapshot of the law as it stood on the date of each change.
26 amending acts · 2025-09-16, revised-IE-1991-act-27@2025-09-16
42.—Where a person is convicted of an offence under this Act committed after the commencement of this section, the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the Minister or to the harbour authority concerned the costs and expenses, measured by the court, reasonably incurred by the Minister or authority in relation to the investigation, detection and prosecution of the offence, including costs incurred in the taking of samples, the carrying out of tests, examinations and analyses and in respect of the remuneration and other expenses of employees, consultants and advisers.
43. Service of documents.
43.—(1) Where a District Justice proposes to make an order for the release on bail of a defendant before him charged with an offence under this Act who is ordinarily resident outside the State, he shall (unless he is satisfied that all documents (including an indictment) required by law to be served on the defendant in connection with or for the purpose of the charge or of any proceedings arising out of or connected with the charge can be duly served on the defendant in the State) direct that those documents may, in lieu of being served on the defendant, be served on a person specified in the direction who is ordinarily resident in the State.
- (2) Where a District Justice who has given a direction under this section or another District Justice acting in his place is satisfied that, owing to the death or absence from the State of a person specified in the direction or for any other reason, a document referred to in subsection (1) cannot be served on that person, the Justice shall direct that the document may be served on another person specified in the direction who is ordinarily resident in the State.
- (3) Service of a document referred to in this section on a person specified in a direction under this section shall be deemed for all purposes to be service on the defendant concerned.
FIRST SCHEDULE Enactments Repealed
| Session and Chapter or Number and Year | Short Title | Extent of Repeal |
| (1) | (2) | (3) |
| 57 & 58 Vic., c. 60 | Merchant Shipping Act, 1894 | Subsection (2) of section 448 |
| No. 25 of 1956 | Oil Pollution of the Sea Act, 1956 | The Whole Act |
| No. 1 of 1965 | Oil Pollution of the Sea (Amendment) Act, 1965 | The Whole Act |
| No. 15 of 1977 | Oil Pollution of the Sea (Amendment) Act, 1977 | The Whole Act |
SECOND SCHEDULE Amendment of Oil Pollution of the Sea (Civil Liability and Compensation) Act, 1988
In this Schedule—
“the Principal Act” means the Oil Pollution of the Sea (Civil Liability and Compensation) Act, 1988.
Any word or expression which is used without definition in the Principal Act and is also used in the Merchant Shipping Act, 1894, shall, unless the context otherwise requires, have the same meaning in the Principal Act as it has in the said Act of 1894.
Section 16 (1) of the Principal Act is subject to section 44 (2) of that Act.
In section 19 of the Principal Act the following shall be substituted for subsection (1):
- “(1) It shall be the duty of such persons as may be prescribed to submit annually to the Minister in such manner and on or before such date as may be prescribed, a return for the volume of crude oil and fuel oil carried by sea and received by such persons in harbours, terminal installations and offshore terminals in the State.”.
In section 37 of the Principal Act the following subsection shall be inserted:
- “(4) Proceedings for an offence under this Act may be taken at any place in the State.”.
In section 39 of the Principal Act the following shall be substituted for subsection (1):
- “(1) Any summons or other document required to be served for the purpose, or in the course, of proceedings under this Act on a body corporate may be served by leaving it at, or sending it by registered post to, the registered office of that body or, if there is no such office in the State, by leaving it at, or sending it by registered post to the body at, any place in the State at which it conducts its business.”.
In section 45 of the Principal Act (which relates to fees) for “the owner of any ship” there shall be substituted “any person”.
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