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SEA POLLUTION (AMENDMENT) ACT, 1999

Type Act
Publication 1999-06-30
Last updated 2021-11-22
State In force
Text Latest available text
Source Irish Statute Book
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articles 19

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.

10 amending acts · 2021-11-22, revised-IE-1999-act-18@2021-11-22

Act to give effect to the International Convention on Oil Pollution Preparedness, Response and Co-operation, 1990, done at London on the 30th day of November 1990, to amend the Sea Pollution Act, 1991, and to provide for related matters

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AN ACT TO GIVE EFFECT TO THE INTERNATIONAL CONVENTION ON OIL POLLUTION PREPAREDNESS, RESPONSE AND CO-OPERATION, 1990, DONE AT LONDON ON THE 30TH DAY OF NOVEMBER 1990, TO AMEND THE SEA POLLUTION ACT, 1991, AND TO PROVIDE FOR RELATED MATTERS. [30th June, 1999]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

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—

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 the Local 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—

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

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.

3. Oil pollution emergency plans.

F11[3.— (1) A harbour authority shall, in relation to a harbour under its control, have in place—

and each such plan shall comply with the legal requirements of the country in which the ship is registered.

and each such plan shall comply with those regulations.

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.

shall be guilty of an offence.

5. Powers of harbour-masters.

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

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

and

  • “(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—

7. Duty to report oil pollution incident.

7.—The Principal Act is hereby amended by—

“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 a pollutant or quantity of a pollutant in excess of that permitted under section 10, from a ship, or

  • (b) giving rise to circumstances from which it is reasonable to infer that there is likely to be a discharge, in the State or a prescribed area, of a pollutant or quantity of a pollutant in excess of that permitted under section 10, from a ship,

the master of the ship concerned or of any other ship involved in such incident or from which such incident was observed shall forthwith report the matter to the Minister or, where the incident or discharge occurs in a harbour, to the harbour-master of such harbour or person for the time being performing the functions of harbour-master in relation to such harbour.

  • (2) Where the presence of oil 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 the presence of oil is observed from a ship in a harbour, to the harbour authority concerned.

  • (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 a pollutant or quantity of a pollutant in excess of that permitted under section 10, or the existence of circumstances from which it is reasonable to infer that there is likely to be a discharge of 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 a pollutant or quantity of a pollutant in excess of that permitted under section 10 in the sea, within the harbour,

    report the matter to the Minister.

  • (4) A report under this section 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.”,

and

“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 from a ship, or

  • (b) giving rise to circumstances from which it is reasonable to infer that there is likely to be a discharge, outside the State or a prescribed area, of oil 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 the said place, functions the same as or similar to the functions performed by a harbour-master in relation to a harbour, as may be appropriate.

  • (2) Where the presence of oil in the sea is observed from an Irish ship outside the State or a prescribed area 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 the said place, functions the same as or similar to the functions performed by a harbour-master in relation to a harbour, as may be appropriate.

  • (3) A person who contravenes this section shall be guilty of an offence.

13B.—(1) Whenever an incident occurs on an offshore unit or an oil handling facility resulting in a discharge of oil, in the State or a designated area, or giving rise to circumstances from which it is reasonable to infer that there is likely to be a discharge of oil in the State or a designated area the person for the time being in charge of the offshore unit or oil handling facility concerned shall forthwith report the matter to—

- (*a*) the Minister, or

- (*b*) in the case of an oil 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 or oil handling facility observes an incident involving a discharge of oil in the State or a designated area, or an incident from which, having regard to all the circumstances observed, it would be reasonable to infer that a discharge of oil in the State or a designated area is likely to occur, or observes the presence of oil in the sea, he shall report the matter to the person, for the time being in charge of the offshore unit or oil handling facility concerned.

  • (3) A person for the time being in charge of an offshore unit or oil 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.”.

8. Minister to prepare plan for preventing and minimising oil pollution damage.

F15[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").

9. Acquisition of equipment and materials by Minister.

F16[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.]

10. Provision of assistance by foreign maritime administration.

10.— Where the maritime administration of a party to the Convention provides, pursuant to a request of the Minister, assistance in preventing or minimising damage in the State resulting from a discharge of oil F17[or hazardous and noxious substances] from a ship, offshore unit F18[, oil handling facility or hazardous and noxious substances handling facility,] the Minister may, on such terms and conditions as he or she considers appropriate, reimburse such foreign maritime administration for the expenses incurred by it in so providing assistance.

11. Provision of assistance by Minister outside State.

11.—(1) The Minister may, pursuant to a request from a party to the Convention or the maritime administration thereof, provide assistance in preventing or minimising damage outside the State resulting from a discharge of oil F19[or hazardous and noxious substances] from a ship, offshore unit F20[, oil handling facility or hazardous and noxious substances handling facility,] including the provision of equipment, materials or technical advice, or the carrying out of operations to prevent or minimise such damage.

12. Ships anchored outside harbour.

12.—(1) The master of a ship at anchor at a place in the State other than a harbour shall immediately notify the Minister of the fact and of the place at which it is at anchor.

13. Amendment of section 3 of Principal Act.

13.—Section 3 of the Principal Act is hereby amended by—

“‘prescribed area’ means an area outside the State prescribed by the Minister for the purposes of this Act;”,

  • “(2A) A reference in this Act to the State includes a reference to—

    • (a) the inland waters of the State,

    • (b) the territorial seas of the State, and the seabed and subsoil beneath those seas, and

    • (c) 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, provided that this paragraph shall not 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.”,

and

  • “(3) A reference in this Act to a country other than the State includes a reference to the territorial seas and inland waters of that country.”.

14. Detention of ships.

14.—The Principal Act is hereby amended by—

  • “(2) Without prejudice to any other power conferred on an inspector under this Act, an inspector to whom this section applies may, if he is satisfied that a ship (or any fitting or equipment thereon) does not comply with a certificate referred to in subsection (1) or is so defective that the ship is not fit to put to sea without presenting a serious threat to living marine resources, detain a ship, or take a ship to such place in the State as he considers appropriate, and there detain it until such time as any directions given by him under this section in relation to the ship have been complied with”,
  • “(1) Whenever an inspector or a harbour-master has reasonable cause to believe that a ship has caused or may cause pollution and the ship is in the State, he may stop and detain the ship, or take it to such place in the State as he considers appropriate and there detain it.”

“39.—(1) Where an inspector or harbour-master has, in the exercise of the powers conferred on him by section 22(2) or 24 detained a ship and the persons on board the ship at a port or other place in the State, any inspector, or the harbour-master concerned, who suspects that a person on board the ship has committed an offence under this Act shall (unless he is proceeding under section 39A), 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, and the said judge may grant an order authorising such detention for a period of 48 hours if he is satisfied that the applicant inspector or harbour-master has such a suspicion as aforementioned.

  • (2) Upon the expiration of the period of 48 hours—

    • (a) the ship shall be released unless an order providing for its further detention is made under section 39A before the expiration of the said period of 48 hours, and

    • (b) each person on board the ship shall be released unless an order providing for his further detention is made under the said section before the expiration of the said period.”,

and

“39A.— Where an inspector or harbour-master has, in the exercise of the powers conferred on him by section 22(2) or 24, detained a ship and the persons on board the ship at a port or other place in the State, any inspector or the harbour-master concerned 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 this Act have been or are about to be instituted, before a judge of the District Court and thereupon the said judge shall, if he 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 or the harbour-master concerned, require such inspector or harbour-master 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.”.

15. Provision relating to offences under Principal Act.

15.—The Principal Act is hereby amended by—

“31.—Where an offence under this Act 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 shall be guilty of an offence and shall be liable to be proceeded against and punished as if he were guilty of the first-mentioned offence.”.

16. Penalties.

16.—A person who commits an offence under this Act shall be liable—

17. Application of certain provisions of Principal Act to offences under this Act.

17.—Sections 30 (other than subsection (2)), 31, 32 and 33 of the Principal Act shall apply to this Act as they apply to the Principal Act, subject to the necessary modifications.

18. Miscellaneous.

18.—Subsections (1), (2), (3) and (4) of section 2 of the Oil Pollution of the Sea (Civil Liability and Compensation) (Amendment) Act, 1998, are hereby repealed.

19. Short title, collective citation, construction and commencement.

19.—(1) This Act may be cited as the Sea Pollution (Amendment) Act, 1999.

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