Sea Pollution (Amendment) Act 1999

1. Interpretation.

1.—(1) In this Act—

“authorised officer” means a person appointed by the Minister under section 4, or section 11 of the Energy (Miscellaneous Provisions) Act, 1995;

F1["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;]

“designated area” means an area for the time being designated under F2[the Maritime Jurisdiction Act 2021];

“functions” includes powers and duties and references to the performance of functions include references to the exercise of powers and the carrying out of duties;

“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 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;

(d) in the case of a harbour under the control of a local authority, the local authority concerned; or

(e) in the case of a harbour under the management of Iarnród éireann — Irish Rail, Iarnród éireann — Irish Rail;

F3["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;]

“Irish ship” means an Irish ship within the meaning of section 9 of the Mercantile Marine Act, 1955;

F4["local authority" means a local authority for the purposes of theLocal Government Act 2001(as amended by the Local Government Reform Act 2014);]

“maritime administration” means a person in a state other than the State performing functions the same as or similar to those performed by the Minister under this Act;

“the Minister” means the Minister for the Marine and Natural Resources;

“offshore unit” means any fixed or floating offshore installation or structure, in the State or a designated area, engaged in gas or oil exploration, exploitation or production activities, or the loading or unloading of oil;

“oil handling facility” means a facility in the State or a designated area that presents an oil pollution risk and includes oil terminals, pipelines and other similar facilities;

“oil pollution emergency plan”, in relation to a harbour, offshore unit, oil handling facility F5[, relevant 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 approved by the Minister under section 2;

“oil pollution incident” means any occurrence or series of occurences involving a discharge of oil, or giving rise to circumstances from which it is reasonable to infer that there is likely to be a discharge of oil, from a ship, offshore unit or oil handling facility, and which poses a threat or gives rise to circumstances from which it is reasonable to infer that there is likely to be a threat to the marine environment in the State, a designated area or a prescribed area;

F5["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;]

“the Principal Act” means the Sea Pollution Act, 1991;

F5["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;]

“seashore” has the same meaning as it has in the Foreshore Act, 1933.

F6[(2) A reference in this Act to the State includes a reference to—

(a) the inland waters of the State,

F7[(b) the territorial sea of the State within the meaning of the Maritime Jurisdiction Act 2021, its seabed and subsoil, and

(c) the exclusive economic zone of the State within the meaning of the Maritime Jurisdiction Act 2021.]]

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

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

(5) A reference in this Act to an enactment shall be construed as a reference to that enactment as amended, adapted or extended, whether before or after the commencement of this section, by or under any subsequent enactment.

2. Preparation and submission of plans to Minister.

2.—(1) A harbour authority shall, F9[as soon as possible] after the commencement of this section, prepare and submit to the Minister a plan for the prevention and minimisation of damage arising out of an oil pollution incident occurring in a harbour under its control.

F10[(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.]

(2) The operator of an offshore unit or oil handling facility shall, F9[as soon as possible] after the commencement of this section, prepare and submit to the Minister a plan for the prevention and minimisation of damage arising out of an oil pollution incident occurring on the offshore unit or oil handling facility concerned.

F10[(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.]

(3) 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 an oil pollution incident, to any area of seashore that is in whole or in part within its functional area or contiguous thereto.

F10[(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.]

(4) The Minister may approve a plan to which this section applies.

(5) A plan to which this section applies shall include such provisions and provide for the adoption of such measures and procedures by the harbour authority, F9[operator, local authority or Irish ship concerned] as the Minister may direct.

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

3. Oil pollution emergency plans.

F11[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.]

4. Authorised officers.

4.—(1) The Minister may appoint such persons or classes of persons as he or she considers appropriate to be authorised officers for the purposes of this Act.

(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 power conferred by this Act shall, if requested by any person thereby affected, produce such warrant to that person for inspection.

F12[(3) For the purposes of theSea 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.]

(4) Any person who—

(a) obstructs or impedes an authorised officer in the exercise of his or her powers under this section,

(b) without reasonable excuse, refuses or fails to comply with a requirement made of him or her under subsection (3), or

(c) makes a statement or furnishes information to an authorised officer, pursuant to a requirement made of him or her under subsection (3) by such officer, that is false or misleading in a material respect, knowing it to be false or misleading or being reckless as to whether it is so false or misleading,

shall be guilty of an offence.

5. Powers of harbour-masters.

5.—Section 25 of the Principal Act is hereby amended by—

(a) the insertion in subsection (1) of the following paragraph:

“(aa) take samples of oil, oily mixtures, noxious liquid substances, harmful substances, sewage or garbage from the ship concerned;”,

and

(b) the insertion of the following subsection after subsection (1):

“(1A) A harbour-master may enter any oil handling facility within the harbour in respect of which he is harbour-master and there make inspections and carry out such tests as he thinks fit—

(a) in relation to the carrying on of any activities in such facility, including the monitoring and assessment of the effects on the marine environment of such activities, or

(b) for the purposes of monitoring and assessing the effects on the marine environment of any oil pollution incident.”.

6. Giving of directions by Minister.

6.—(1) The Minister may—

(a) give a direction in writing to a harbour authority requiring it to make such modifications or alterations to an oil pollution emergency plan F13[or a hazardous and noxious substances pollution emergency plan] approved by him or her in respect of a harbour under its control as he or she deems appropriate, or

(b) in relation to a harbour, give a direction (in writing or otherwise) to the harbour authority concerned 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 F13[or a pollution incident by hazardous and noxious substances] in that harbour.

F14[(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.]

(3) The Minister may—