Maritime Safety Act 2005

PART 1 Preliminary and General

1. Short title, collective citation and commencement.

1.—(1) This Act may be cited as the Maritime Safety Act 2005.

(2) The Act of 1992, the Act of 2000 and Part 2, 3 and 4 may be cited together as the Maritime Safety Acts 1992 to 2005.

(3) The Merchant Shipping Acts 1894 to 2000 and this Act (other than Parts 5 and 6) may be cited together as the Merchant Shipping Acts 1894 to 2005.

(4) The Harbours Acts 1946 to 1976 and section 52 may be cited together as the Harbours Acts 1946 to 2005.

(5) The Harbours Acts 1996 and 2000 and section 58 may be cited together as the Harbours Acts 1996 to 2005.

(6) The Fishery Harbour Centres Acts 1968 to 1998 and section 54 may be cited together as the Fishery Harbour Centres Acts 1968 to 2005.

(7) The Canals Act 1986 and section 56 may be cited together as the Canals Acts 1986 and 2005.

(8) The Shannon Navigation Act 1990 and section 57 may be cited together as the Shannon Navigation Acts 1990 and 2005.

(9) The Harbours Acts 1996 and 2000 and section 58 may be cited together as the Harbours Acts 1996 to 2005.

(10) This Act (other than sections 53 and 55 and Part 6) comes into operation one month after the day of its passing.

2. Interpretation.

2.—(1) In this Act—

“Act of 1992” means Merchant Shipping Act 1992;

“Act of 2000” means Merchant Shipping (Investigation of Marine Casualties) Act 2000

F1["Inland waters of the State" shall be construed in accordance with section 8 of the Maritime Jurisdiction Act 2021;]

“Irish waters” includes the F2[territorial sea], the waters on the landward side of the territorial seas, and the estuaries, rivers, lakes and other inland waters (whether or not artificially created or modified) of the State;

F3[…]

“Minister” means Minister for Communications, Marine and Natural Resources;

F1["Territorial sea of the State" has the meaning assigned to it by the Maritime Jurisdiction Act 2021.].

(2) In this Act a reference to a member of the Garda Síochána or an officer of the Permanent Defence Forces holding commissioned naval rank is a reference to that member or officer while in uniform.

(3) In this Act—

(a) a reference to a section or Part is a reference to a section or Part of this Act, unless it is indicated that reference to some other enactment is intended,

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

(c) a reference to any enactment is, unless the context otherwise requires, to be read as a reference to that enactment as amended or extended by or under any subsequent enactment including this Act.

3. Repeals.

3.—Each enactment specified in column (2) of the Schedule to this Act is repealed to the extent specified in column (3) of the Schedule.

4. Expenses.

4.—The expenses incurred by the Minister and the Minister for the Environment, Heritage and Local Government 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.

PART 2 Personal Watercraft and Recreational Craft

5. Definitions (Part 2).

5.—In this Part, unless the context otherwise requires—

“Act of 1968” means Fishery Harbour Centres Act 1968;

“Act of 1976” means Wildlife Act 1976;

“Act of 1996” means Harbours Act 1996;

“authorised person” means a person or class of persons appointed under section 17 as an authorised person or authorised persons for the purposes of this Part;

“authority” means a local authority, a harbour authority or Waterways Ireland, as the case may require;

“craft” means personal watercraft or recreational craft when operated by a mechanical means of propulsion;

“fishery harbour centre” has the meaning assigned to it by the Act of 1968;

“functions” includes powers and duties;

“functional area” in the case of a local authority, includes—

(a) inland waters, the foreshore and coastal waters adjoining its functional area, and

(b) inland waters, the foreshore and coastal waters adjoining its functional area which adjoin the functional area of another local authority, with the agreement of that other local authority,

but excluding waters under the control or management of a harbour authority or Waterways Ireland;

“harbour authority” means—

(a) in the case of a harbour to which the Act of 1996 applies, a harbour company,

(b) in the case of a harbour to which the Harbours Acts 1946 to 1976 apply, the harbour authority concerned,

(c) in the case of a fishery harbour centre to which the Act of 1968 applies or any other harbour under the control or management of the Minister, the Minister,

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

(e) in the case of a harbour under the control or management of Iarnród Éireann-Irish Rail, that company;

“harbour company” means a company within the meaning of section 2 of the Act of 1996;

“local authority” means—

(a) in the case of an administrative county, the council of the county, and

(b) in the case of a city, the council of the city;

“National Monuments Acts” means National Monuments Acts 1930 to 2004;

“natural heritage area” means—

F4[(a) a European Site (within the meaning of Regulation 2 of the European Communities (Birds and Natural Habitats) Regulations 2011),]

(b) an area proposed as a natural heritage area and the subject of a notice under section 16(2) of the Wildlife Act 2000,

(c) an area designated as a natural heritage area by a natural heritage order under section 18 of the Wildlife Act 2000,

(d) land established by order under section 15 (as amended by section 26 of the Wildlife Act 2000) of the Act of 1976,

(e) land recognised by order under section 16 (as amended by section 27 of the Wildlife Act 2000) of the Wildlife Act 1976, or

(f) land designated as a refuge for flora or fauna or both by order under section 17 (as amended by section 28 of the Wildlife Act 2000) of the Act of 1976;

“personal watercraft” means a craft (other than a recreational craft) of less than 4 metres in length which uses an internal combustion engine having a water jet pump as its primary source of propulsion, and which is designed to be operated by a person or persons sitting, standing or kneeling on, rather than within the confines of, a hull;

“prescribed” means prescribed by regulations made by the Minister;

“recreational craft” means a craft of not more than 24 metres in length (measured in accordance with the ISO standard EN ISO 8666:2002 — Small craft — Principal data) intended for sports and leisure purposes;

“reserved function” is to be read in accordance with section 131 of the Local Government Act 2001;

“Wildlife Act 2000” means Wildlife (Amendment) Act 2000.

6. Bye-laws relating to regulation and control of craft.

6.—(1) Bye-laws may be made regulating or controlling the operation of craft or craft of a specified class by—

(a) a local authority, in waters in its functional area, other than waters referred to in paragraph (b) (except where the harbour authority concerned agrees) or paragraph (c),

(b) a harbour authority, in or on waters under its control or management, or

(c) Waterways Ireland, in or on waters under its control or management,

in respect of any or all of the following matters—

(i) the prohibition or restriction in the waters or such part of the waters specified in the bye-laws of the operation generally or for any particular purpose of craft or specified classes of craft in such places or at such times (if any) or for such periods (if any) as specified in the bye-laws—

(I) in the interests of the safety of persons using the waters generally or at certain times,

(II) to prevent nuisance to or injury to persons or damage to watercraft or other property on the waters, or

(III) subject to subsection (7), to protect—

(A) a natural heritage area, or

(B) a monument or wreck protected under the National Monuments Acts,

(ii) matters relating to launching, mooring or berthing craft,

(iii) conditions to be observed by operators of craft with regard to the waters or the adjacent area in which craft are used or launched, or

(iv) maximum speed limits at which craft may be operated.

(2) A person who operates a craft in contravention of a bye-law made under subsection (1)(i) is guilty of an offence and is liable on summary conviction to a fine not exceeding—

(a) €1,000, in the case of a first offence, or

(b) €2,000, in the case of a second or subsequent offence.

(3) A person who fails to comply with bye-laws made under subsection (1)(ii), (iii) or (iv) is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,000.

(4) A person who allows himself or herself to be carried on or towed by a craft in contravention of a bye-law under subsection (1)(i) to operate such craft is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,000.

(5) An authority which prohibits or restricts the operation of craft under subsection (1)(i) shall erect and maintain notices giving details of the prohibition or restriction in conspicuous places on or near the waters concerned.

(6) The making of bye-laws under this section by a local authority is a reserved function.

(7) An authority shall consult with the Minister for the Environment, Heritage and Local Government before making bye-laws regulating or controlling the operation of craft in or adjacent to—

(a) a natural heritage area, or

(b) a monument or wreck protected under the National Monuments Acts.

7. Procedure for making bye-laws and publication.

7.—(1) Not less than one month before making bye-laws an authority shall publish a notice in one or more newspapers published in the State and circulating in the area to which the proposed bye-laws relate—

(a) indicating that it is proposed to make such bye-laws and stating the purpose of the bye-laws,

(b) indicating the times at which and the period (which shall be not less than one month) during which a copy of the draft bye-laws will be available for public inspection, free of charge, at such place as is specified in the notice,

(c) stating that a copy of the draft will be given to any person applying therefor on payment of such specified sum, if any, as the authority may have fixed, and

(d) stating that the authority will consider any submissions in relating to the draft which are submitted to the authority in writing by any person before such date as may be specified, not being less than 7 days after the end of the period for inspection of the draft.

(2) An authority shall, during the stated period referred to in subsection (1)(b), being not less than one month, keep a copy of the draft bye-laws open for public inspection, free of charge, during ordinary office hours at the place specified in the notice in that behalf and shall provide a copy of the draft to any person applying therefor on payment of such reasonable sum, if any, being a sum (not exceeding the reasonable cost of making the copy) as may be fixed by the authority.

(3) An authority shall consider any submissions made to it under subsection (1) and not withdrawn and may then make the bye-laws either in accordance with the draft or subject to such changes as the authority may, at its discretion, determine.

(4) Bye-laws shall come into operation on such day as may be specified therein or, if no such day is so specified, on the thirtieth day after the day on which the bye-laws are made.

(5) An authority shall, whenever required so to do by any court produce to the court a true copy of any bye-laws made by it and verify the copy to the court by having endorsed on it a certificate signed by an officer of the authority, whose official position it shall not be necessary to prove, by which the bye-laws were made and the court shall receive the copy in evidence and thereupon the copy shall, unless the contrary is shown, be sufficient evidence of the bye-laws.

(6) Bye-laws shall, as soon as may be after they have been made, be published by the authority which made them in the Iris Oifigiúil and notice of their making and of the place where copies of the bye-laws may be purchased or inspected shall be published by the authority in one or more newspapers circulating in the area to which the bye-laws relate.

(7) A notice referred to in subsection (6) shall include—

(a) a statement of the general purposes for which the bye-laws were made,

(b) the date on which they come into force,

(c) a statement that a copy of the bye-laws may be inspected, free of charge, during ordinary office hours, at the principal offices of the authority, and

(d) a statement that a copy of the bye-laws will be given to any person applying therefor on payment of a specified fee, not exceeding the reasonable cost of making such copy.

(8) An authority shall keep a copy of any bye-laws made by it open for public inspection, free of charge, during ordinary office hours, at the principal offices of the authority, and shall give a copy of the bye-laws to any person applying therefor on payment of such reasonable sum, if any, being a sum (not exceeding the reasonable cost of making the copy) as may be fixed by the authority.

(9) Failure to publish notice of the making of or to make available a copy of bye-laws does not invalidate the bye-laws.

(10) (a) An authority shall maintain a register of bye-laws made by it.

(b) The register shall be available for public inspection at the principal offices of the authority during normal office hours.

(11) In this section “bye-laws” means bye-laws made under section 6.

8. Requirement to cease operating craft or to remove it from waters in certain circumstances.

8.—(1) Where an authorised person or a member of the Garda Síochána has reasonable grounds for believing that a person is operating a craft—

(a) on waters where it is prohibited by law to use a craft,

(b) in contravention of bye-laws made under section 6 or of section 10, 23 or 24, or

(c) in or on waters in circumstances (whether or not such bye-laws are contravened) which the authorised person or member considers that the craft poses—

(i) a risk or danger to persons, or property or a serious nuisance to persons, in, on or adjacent to the waters, or

(ii) a risk of damage to or interference with a natural heritage area or a monument or wreck protected under the National Monuments Acts,

he or she may require the person to—

(I) cease operating the craft, or

(II) remove or cause to be removed or allow an authorised person or a member of the Garda Síochána to remove the craft from the waters concerned.

(2) A person who, without reasonable excuse, fails to comply with a requirement under subsection (1) is guilty of an offence and is liable on summary conviction to a fine not exceeding €2,000.

9. Seizure of craft in interests of safety, etc.

9.—(1) Where an authorised person or a member of the Garda Síochána has reasonable grounds for believing that a person is committing or has committed an offence under section 6, 8, 10, 23 or 24, he or she may—

(a) where he or she reasonably considers it is in the interests of public safety, or

(b) to prevent—

(i) a danger to persons or property or nuisance to persons, or

(ii) damage to or interference with a natural heritage area or a monument or wreck protected under the National Monuments Acts,

seize (using reasonable force, if necessary) and detain the craft to which the alleged offence relates until such time, in the interests of safety of persons or property in or on the waters concerned or to stop any nuisance to persons in or on the waters or to prevent damage to or interference with a natural heritage area or a monument or wreck protected under the National Monuments Acts, as the authorised person or member considers reasonable.

(2) Where a craft has been detained under subsection (1), a reasonable charge may be made for the craft to be released to cover any reasonable expenses involved in the seizure or detention.

10. Operating craft without reasonable consideration.

10.—(1) A person shall not operate a craft in Irish waters—

(a) without reasonable consideration for other persons using or adjacent to those waters, or

(b) at a speed which is unreasonable in the circumstances or place, such as in the confines of a harbour or close to persons in or on the waters.

(2) A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,000.

11. Power to stop, board and inspect craft, etc.

11.—(1) An authorised person or a member of the Garda Síochána for the purpose of enforcing this Part may stop, board and inspect a craft in, on or adjacent to Irish waters.

(2) An authorised person or a member of the Garda Síochána may request of a person stopped under subsection (1) or whom the authorised person or member suspects is committing or has committed an offence under this Part to give his or her name and address.

(3) A person who—

(a) without reasonable excuse, fails to stop a craft when required under subsection (1) or allow its inspection, or

(b) refuses to give his or her name or address when requested under subsection (2) or gives a name or address which is false or misleading,

is guilty of an offence and is liable on summary conviction to a fine not exceeding—

(i) €1,000, in the case of a first offence, and

(ii) €2,000, or imprisonment for a term not exceeding one month or both, in the case of a second or subsequent offence.

12. Obstruction.

12.—A person who obstructs or impedes an authorised person or a member of the Garda Síochána in the exercise of his or her functions under this Part is guilty of an offence and is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 3 months or both.