Merchant Shipping (Salvage and Wreck) Act , 1993

PART I Preliminary and General

1 Short title, commencement, construction and collective citation.

1.—(1) This Act may be cited as the Merchant Shipping (Salvage and Wreck) Act, 1993.

(2) This Act shall come into operation on such day or days as, by order or orders made by the Minister under this section, may be fixed therefor either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions.

(3) This Act shall be construed as one with the Merchant Shipping Acts, 1894 to 1992, and may be cited together therewith as the Merchant Shipping Acts, 1894 to 1993.

2 Interpretation (general).

2.—(1) In this Act, except where the context otherwise requires—

“authorised officer” means any person appointed by the Minister under section 3;

“distress”, in relation to a vessel, includes a vessel in distress which is a wrecked or stranded vessel;

“functions” includes powers and duties;

“harbour” means—

(a) any harbour (whether natural or artificial), dock, pier, wharf, jetty, boatslip, offshore terminal, installation or place intended or used for the accommodation, berthing or anchorage of sea-going ships or for the shipping, unshipping or transhipping of goods, or

(b) any port, haven, estuary, tidal or other river or inland waterway to the extent that it is navigated or navigable by seagoing ships;

“harbour authority” means—

(a) in the case of a harbour to which the Harbours Act, 1946, applies, a harbour authority within the meaning of that Act,

(b) in the case of a harbour under the control of the Commissioners of Public Works in Ireland, the Commissioners,

(c) in the case of Dún Laoghaire Harbour or a fishery harbour centre to which the Fishery Harbour Centres Act, 1968, applies or any other harbour under the control of the Minister, the said Minister,

(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 Iarnród Éireann — Irish Rail, that company, or

(f) any other person in whom is vested by or under any enactment the functions of improving, maintaining or managing a harbour;

“harbour-master” means—

(a) a person appointed by a harbour authority to be a harbour-master, and

(b) any officer or servant of a harbour authority duly authorised to discharge the functions of harbour-master;

“local authority” means a local authority for the purposes of the Local Government Act, 1941;

“master”, in relation to a vessel, means the person (excluding, where appropriate, a pilot) having, for the time being, the command or charge of the vessel;

“the Minister” means the Minister for the Marine;

“owner”, in relation to a vessel—

(a) where any such vessel is owned by the State or another stateand is operated by a person who in the State or that other state is registered as the vessel's operator, means the person so registered,

(b) in any other case, means the person registered as the owner of any such vessel, or the person who owns either directly or indirectly any such vessel, and includes any part-owner, charterer, manager or operator of any such vessel;

“receiver of wreck” means a receiver of wreck appointed under section 41;

“salvage” includes all expenses properly incurred by the salvor in the performance of the salvage services;

“salvor”, in the case of salvage services rendered by the officers or crew or part of the crew of any State-owned vessel, means the person in command of the vessel;

“shipwrecked persons” has the meaning assigned to it in section 7;

“tidal water” means any part of the sea and any part of a river within the ebb and flow of the tide at ordinary spring tides and not being a harbour;

“vessel” means any ship or other waterborne craft, whether selfpropelled or not, or any structure capable of navigation and includes—

(a) hydrofoil boats, air-cushion vehicles, submersible, floating craft, and

(b) subject to section 16, fixed or floating platforms and mobile drilling units,

together with the fixtures, fittings and equipment of any such vessel;

“wreck” includes jetsam, flotsam, lagan and derelict found in or on the shores of the sea or any tidal water or harbour.

(2) Any word or expression which is used without definition in this Act and is also used in the Merchant Shipping Act, 1894, or the Mercantile Marine Act, 1955, shall, except where otherwise provided for or the context otherwise requires, have the same meaning in this Act as it has in those Acts.

(3) A reference in this Act to the State or to any other state includes—

(a) in the case of the State, the territorial seas of the State for the purposes of the Maritime Jurisdiction Acts, 1959 to 1988, and inland waters of the State for the purposes of that Act,

(b) in the case of any other state, the territorial seas and inland waters of that other state.

(4) (a) A reference in this Act to a Part or a section is a reference to a Part or a section of this Act unless it is indicated that a reference to some other Act is intended.

(b) A reference to a subsection or paragraph is to the subsection or paragraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.

(5) A reference in this Act to any enactment shall be construed as a reference to that enactment as amended or adapted by any subsequent enactment.

3 Authorised officers.

3.—(1) There may be appointed in writing, either generally or in respect of any matter or event, such and so many persons as the Minister thinks fit and who, in the opinion of the Minister, are suitably qualified to be authorised officers for the purposes of some or all of the provisions of this Act relating to authorised officers as shall be specified therein and any such appointment shall be in respect of the State unless the appointment specifies that it is in respect of a specified area within the State.

(2) A warrant of appointment as an authorised officer shall—

(a) be furnished to every person appointed under this section,

(b) indicate the purposes for and, where appropriate, the extent to which the authorised person was so appointed,

and, when exercising any function conferred on the person as an authorised officer, that officer shall, if requested by a person affected, produce the warrant to that person.

(3) An appointment under this section shall remain in force—

(a) until such date as may be specified in the appointment that it is to remain in force or, if earlier, until it is withdrawn by the Minister in writing, or

(b) in any other case, until it is withdrawn by the Minister in writing.

4 Laying of orders and regulations before Houses of Oireachtas.

4.—Any order or regulation made under this Act, other than an order under section 1 (2), shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next subsequent 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.

5 Repeals and savings.

5.—(1) Each enactment mentioned in the First Schedule to this Act is hereby repealed to the extent specified opposite that mention in that Schedule.

(2) All instruments or documents (including instruments or documents relating to appointments) made or issued under a provision of the enactments repealed by this section and in force immediately before the commencement of a corresponding provision of this Act shall continue in force after such commencement as if made or issuedunder such corresponding provision and may, where appropriate, be amended or revoked accordingly.

6 Expenses.

6.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of monies provided by the Oireachtas.

PART II Vessels in Distress

7 Functions of authorised officer where vessel in distress.

7.—(1) Where a vessel is in distress in the State other than in a harbour, an authorised officer shall, upon being made acquainted with the circumstances, take such steps under subsection (2) as the authorised officer thinks fit for the saving of—

(a) the lives of the persons belonging to the vessel (in this Act referred to as “shipwrecked persons”), and

(b) the vessel and the cargo and apparel of the vessel.

(2) Subject to subsection (5), an authorised officer may, for the purposes of saving shipwrecked persons, a vessel in distress or the cargo or apparel of the vessel—

(a) require assistance from such relevant persons as that officer thinks necessary;

(b) require the master of any vessel near at hand to give such aid with that vessel and the crew thereof as may be in that master's power;

(c) demand the use of any vehicle, vessel or aircraft suitably equipped for the purpose required that may be near at hand.

(3) If any person refuses without reasonable cause to comply with any such requisition or demand under this section, that person shall be guilty of an offence.

(4) (a) The owner of a vessel in distress shall, subject to paragraph (b), be liable to pay to the Minister the expenses, including the expense of hire or use of any vehicle, vessel or aircraft, of or incidental to any action taken by an authorised officer for the purposes of saving the vessel or the cargo or apparel of the vessel in pursuance of this Act and those expenses shall, without prejudice to any other remedy, be recoverable in the same manner as salvage is recoverable.

(b) Where the Minister considers it appropriate in exceptional circumstances, the Minister may waive the whole or any part of the liability of the owner of a vessel concerned to pay expenses to which paragraph (a) relates.

(5) This section shall not apply—

(a) to a member of the Defence Forces or to any vehicle, vessel or aircraft of, or under the control of, the Defence Forces, or

(b) to the Royal National Lifeboat Institution or to any vehicle or vessel of, or under the control of, the Royal National Lifeboat Institution.

(6) In this section—

“relevant persons” means, subject to subsection (5)—

(a) the master of any Safety Convention ship which could, if communication could be made to that ship by a ship in distress, be requisitioned to proceed with all speed to the assistance of the persons in distress,

(b) the master of any other vessel upon whom a duty to render assistance is imposed by section 23,

(c) in relation to the management of the vessel in distress, the crew of the vessel but only where the master of the vessel so requests the authorised officer in respect of that management,

(d) the crew necessary for the proper operation of any vehicle, vessel or aircraft to which subsection (2) (c) relates together with the personnel necessary to service or communicate with such vehicle, vessel or aircraft,

(e) any other person in the vicinity of the vessel in distress;

“Safety Convention ship” has the same meaning as it has in the Merchant Shipping (Safety Convention) Act, 1952.

8 Functions of harbour-master, etc., where vessel in distress in harbour.

8.—(1) Subject to subsection (2), where a vessel is in distress in a harbour the harbour-master of the harbour shall have the same functions as an authorised officer has for the purposes of saving—

(a) shipwrecked persons, and

(b) the vessel and the cargo and apparel of that vessel,

and, accordingly, sections 7 and 11 shall apply with any necessary modifications.

(2) If, in relation to a harbour—

(a) the harbour-master is not present or is indisposed, or

(b) there is no harbour-master, or

(c) the Minister considers it appropriate in a particular case (including a case in respect of such periods as the harbour-master concerned may be absent or indisposed),

the Minister may give a direction that an authorised officer shall, in respect of that harbour, have the functions of a harbour-master under this section or have those functions at such times as the harbour-master is so absent or indisposed.

(3) (a) In the case of harbours which have no harbour-master, a direction under subsection (2) may be given in respect of all or one or more such harbours.

(b) The Minister may amend or revoke a direction given under subsection (2), including a direction previously amended by virtue of this paragraph.

(c) The Minister shall cause to be published in the Iris Oifigiúil a notice of every direction under this section which has been given, amended or revoked, as the case may be.

(4) This section is without prejudice to any other function of a harbour-master or to the functions of a harbour authority.

9 Power to pass over adjoining lands, etc.

9.—(1) Whenever a vessel is in distress, any person may, for the purpose of rendering assistance to the vessel, saving the lives of the shipwrecked persons or saving the cargo or apparel of the vessel, pass and repass, either with or without vehicles, over any adjoining lands, unless there is some public road equally convenient, without being subject to interruption by the owner or occupier, so that as little damage as possible is done, and may also, on the like condition, deposit on those lands any cargo or other article recovered from the vessel.

(2) Any damage sustained by an owner or occupier, as a consequence of the exercise of the rights given by this section, shall be a charge on the vessel, cargo or articles in respect of or by which damage is occasioned, and the amount payable in respect of the damage shall, in case of dispute, be determined and shall, in default of payment, be recoverable in the same manner as the amount of salvage is determined or recoverable.

(3) The owner or occupier of lands shall have no liability in respect of—

(a) personal injuries which may be sustained by persons passing or repassing over such lands pursuant to subsection (1), or

(b) damage sustained to the vessel in distress, its cargo or any other article recovered therefrom,

except where the owner or occupier, or persons duly acting as the servants or agents of the owner or occupier, are maliciously involved in such injuries or damage.

(4) Where the owner or occupier of any land—

(a) impedes or hinders any person in the exercise of any rights given by this section,

(b) impedes or hinders the deposit of any cargo or other article recovered from the vessel as aforesaid on the land, or

(c) prevents or endeavours to prevent any such cargo or other article from remaining deposited on the land for a reasonable time until it can be removed to a safe place of public deposit,

that owner or occupier shall be guilty of an offence.

(5) This section, in its application to harbours, is without prejudice to the powers of a harbour-master to give directions under any other provision of this Act or any other enactment.

10 Search and seizure, etc., in respect of vessels in distress.

10.—(1) Where with reasonable cause a member of the Garda Síochána suspects that a person has, in respect of any vessel in distress, plundered any part or any cargo or apparel thereof, the member may without warrant—

(a) search or cause to be searched by such a member the person and, if the member considers it necessary for that purpose, detain the person for such time as is reasonably necessary to carry out the search,

(b) search or cause to be searched by such a member any vehicle in which the member suspects that anything so plundered may be found and for the purpose of carrying out the search, if so thought fit, require the person who is, for the time being, in control of the vehicle to bring it to a stop and when stopped to refrain from moving it or, in case the vehicle is already stationary, to refrain from moving it, or

(c) seize and detain anything found in the course of a search under this section which the member reasonably suspects to be something which—

(i) may be required as evidence in proceedings for an offence under the Merchant Shipping Acts, 1894 to 1993, or any other enactment, or

(ii) should be in the possession of the receiver of wreck for retention or disposal in accordance with the provisions of Part IV.

(2) Where a member of the Garda Síochána decides to search or cause to be searched a person under this section the member may require the person to accompany that member to a Garda Síochána station for the purpose of being so searched at the station.

(3) A person who fails to comply with a requirement under this section shall be guilty of an offence.

(4) Nothing in this section shall operate to prejudice any power of search or to seize or detain property which may be exercised by a member of the Garda Síochána apart from this section.

11 Examination in respect of vessels in distress, etc.

11.—(1) Where any vessel is or has been in distress in the State, an authorised officer may question any person belonging to the ship or any other person who may be able to give an account of the vessel or its cargo or apparel.

(2) For the purposes of this section, an authorised officer shall have the powers of an inspector under sections 729 and 730 (as amended by section 65) of the Merchant Shipping Act, 1894.

(3) The authorised officer holding the examination shall endeavour to find out the following matters:

(a) (i) the name and description of the vessel;

(ii) the names of the master, crew, passengers and other persons on board the vessel at the relevant time;

(iii) the names of the owners of the vessel;

(iv) the names of the owners of the cargo;

(v) the ports from and to which the vessel was bound;

(vi) the occasion of the vessel's distress;

(vii) the number of and names of any persons killed or seriously injured;

(viii) the extent of any material damage to the vessel;

(ix) the nature of the cargo and the threat of pollution from the vessel or cargo;

(x) the nature of any services rendered to the vessel as a result of its distress;

(xi) such other matters as the authorised officer thinks necessary;

and

(b) in respect of a vessel which is or has been in distress, such other matters as the Minister directs the authorised officer to include in the examination concerning the vessel.