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Maritime Safety Act 2005

Type Act

Publication 2005-06-29

Last updated 2025-07-29

State Partially repealed

Text Latest available text

Source Irish Statute Book

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articles 60

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.

30 amending acts · 2025-07-29, revised-IE-2005-act-11@2025-07-29

Act to provide for the regulation and control of certain fast powered watercraft and codes of practice for vessels, to prohibit the use of unseaworthy vessels, putting the crew or persons on board a vessel at risk and operating vessels while under the influence of alcohol or drugs and control consumption of alcohol or drugs on board vessels and to prohibit disruptive behaviour on board vessels and endangering vessels and persons on board, to amend the Harbours Act 1946, the Fishery Harbour Centres Act 1968, the Canals Act 1986, the Shannon Navigation Act 1990, the Merchant Shipping Act 1992 and the Harbours Act 1996 and to provide for related matters

Reform history JSON API

(b) a vessel being used for coast guard, customs or police or rescue purposes.

46. Definitions (Part 3).

46.—(1) In this Part—

“authorised person” means a person or class of persons appointed under section 39(1) as an authorised person or authorised persons for the purposes of this Part;

“code of practice” means a code of practice prepared and published under section 35;

“Department” means Department of Communications, Marine and Natural Resources;

“Irish ship” has the meaning assigned to it by section 9 of the Mercantile Marine Act 1955;

“master” in relation to a ship, means the person being, for the time being, in command or in charge of the ship;

“operate” in relation to a vessel, means—

(a) doing anything which relates directly to the helming, steering, sailing or navigation of the vessel, or

(b) operating nautical equipment relating to the vessel's intended purpose or use at sea or in waters (including the opening or closing of any part of the vessel or raising or lowering any ramp or gangway to facilitate the boarding onto, or disembarkation from, the vessel of passengers or vehicles);

“owner” in relation to a vessel, means the person registered under the Mercantile Marine Act 1955 as her owner, or, if no person is so registered, the person who owns the vessel, and includes any partowner, charterer, hirer, manager or operator of the vessel;

“pleasure craft” has the meaning assigned to it by section 20 (as amended by section 47) of the Act of 1992;

“ship” includes any description of vessel used in navigation not propelled by oars;

“vessel” includes any ship or boat and any other vessel used in navigation and personal watercraft and recreational craft;

“unseaworthy” in relation to a vessel, means she—

(a) being unfit to go out to sea or into waters, by reason of—

(i) the condition of the vessel's hull, rigging, equipment or machinery, or

(ii) undermanning or overloading or improper loading, or

(b) does not comply with regulations made under the Merchant Shipping Acts 1894 to 2005 relating to the safety of the vessel and persons on board (and in particular in relation to standards of seaworthiness, construction and maintenance and life-saving, fire-fighting, radio and navigation equipment).

(2) In this Part (other than F17[sections 23, 24, 37 and 38]) a reference to a ship or vessel in Irish waters which is to a ship or vessel registered outside the State is a reference to the ship or vessel while in a port, harbour or other place in the State or within the territorial seas of the State while proceeding to or from any such port, harbour or place.

PART 4 Safety Regulations — Passenger Boats, Fishing Vessels and Pleasure Craft — and Amendment of Merchant Shipping Acts

47. Safety regulations — passenger boats, fishing vessels and pleasure craft.

47.—(1) The Act of 1992 is amended by substituting for sections 18, 19 and 20 (as amended by section 44 of the Act of 2000) the following:


“Safety of passenger boats and their passengers and crews.	18.—(1) The Minister may, by regulations, make such provisions as the Minister thinks necessary or expedient for the purpose of ensuring— (a) the safety of— (i) passenger boats, (ii) the passengers and crews of passenger boats, and (iii) other persons, and of property, from injury or damage caused by, resulting from or arising out of the use of passenger boats, or (b) that the use of a passenger boat does not create a disturbance or constitute a nuisance. (2) Without prejudice to the generality of subsection (1), regulations under subsection (1) may— (a) require passenger boats to comply with specified standards of seaworthiness (including stability), (b) require passenger boats to comply with specified standards of construction and maintenance, (c) require specified classes of passenger boats to carry one or more of the following, that is to say, specified life-saving, fire-fighting, radio and navigation equipment, (d) prohibit the having on board or the carriage of passengers by vessels, or specified classes of vessels, the subject of licences unless there are in force policies of insurance under which the owners of the vessels or, if the vessels are on hire, the persons to whom they are on hire are insured to a specified extent against specified risks, (e) make provision for ascertaining and testing the standards of competence of masters and of any other members of the crews of vessels the subject of licences, whether by examination, interview or otherwise, and the prohibition of those who do not reach such standards of competence as the Minister considers appropriate from working as masters or, as the case may be, other members of the crews of such vessels and the prohibition of owners of such vessels from employing as captains or other members of the crews of the vessels those who do not reach such standards as aforesaid, (f) provide for the registration of passenger boats or specified classes of passenger boats and the licensing or certification of masters or persons in control of or operating passenger boats or passenger boats of a specified class, (g) regulate the use of passenger boats or specified classes of passenger boats by reference to the age or other qualifications of masters or persons in control of or operating passenger boats or passenger boats of a specified class, (h) regulate or prohibit the use of passenger boats or specified classes of passenger boats in particular circumstances, and the consumption of alcohol or drugs by masters or persons in control of or operating passenger boats or passenger boats of a specified class, (i) require and regulate the use of personal flotation devices on specified classes of passenger boats, (j) regulate vehicles or prohibit classes of vehicles being carried on board a passenger boat designed to carry vehicles, (k) regulate or prohibit the carriage of goods or materials of a specified class on passenger boats or on passenger boats of a specified class, (l) regulate the number of persons that may be carried on passenger boats of a specified class, and (m) regulate or prohibit the towing of anything by or from passenger boats or passenger boats of a specified class. (3) Regulations under this section may make provision for such consequential, incidental, ancillary and supplementary matters (including the enforcement of the regulations and, with the consent of the Minister for Finance, the charging of fees) as the Minister considers necessary or expedient. (4) Different provision may be made in regulations under this section for different classes of passenger boats or persons on or using passenger boats. (5) (a) If in respect of a vessel there is a contravention of a regulation under this section (other than subsection (2)(d)), the owner and (if the vessel is in use) the master of the vessel is each guilty of an offence and each is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months, or to both. (b) If, in respect of a vessel, there is a contravention of a regulation under subsection (2)(d), the owner of the vessel (or, if the vessel is on hire, the person to whom it is on hire) and the master of the vessel is each guilty of an offence and is each liable— (i) on summary conviction, to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or to both, or (ii) on conviction on indictment, to a fine not exceeding €100,000 or to imprisonment for a term not exceeding 2 years or to both.
Safety of fishing vessels and their crews.	19.—(1) The Minister may, by regulations, make such provision as the Minister thinks necessary or expedient for the purpose of ensuring— (a) the safety of— (i) fishing vessels, (ii) the crews of fishing vessels, and (iii) other persons, and of property, from injury or damage caused by, resulting from or arising out of the use of fishing vessels, or (b) that the use of a fishing vessel does not create a disturbance or constitute a nuisance. (2) Without prejudice to the generality of subsection (1), regulations under this section may— (a) require fishing vessels or specified classes of fishing vessels to comply with specified standards of seaworthiness (including stability), (b) require fishing vessels or specified classes of fishing vessels to comply with specified standards of construction and maintenance, (c) require fishing vessels or specified classes of fishing vessels to carry one or more of the following, that is to say, specified life-saving, fire-fighting, radio and navigation equipment, (d) make provision for periodic surveys of fishing vessels or specified classes of fishing vessels and their equipment and the prohibition of the use for fishing of fishing vessels that have not been surveyed in accordance with the regulations or that, following such a survey, are declared by the person who carried it out to be unsafe for use for fishing, angling in the sea or angling in fresh water, and for appeals against such declarations and against other findings of such surveys, (e) make provision for ascertaining and testing the standards of competence of skippers and of any other members of the crews of fishing vessels or specified classes of fishing vessels, whether by examination, interview or otherwise, and the prohibition of those who do not reach such standards of competence as the Minister considers appropriate from working as skippers or, as the case may be, other members of the crews of such vessels and the prohibition of owners of such vessels from employing as skippers or other members of the crews of such vessels those who do not reach such standards as aforesaid, (f) require and regulate the use of personal flotation devices on specified classes of fishing vessels, and (g) regulate or prohibit the towing of anything (other than fishing nets) by or from fishing vessels or fishing vessels of a specified class. (3) Regulations under this section may make provision for such consequential, incidental, ancillary and supplementary matters (including the enforcement of the regulations and, with the consent of the Minister for Finance, the charging of fees by the Minister) as the Minister considers necessary or expedient. (4) Different provision may be made in regulations under this section for different classes of fishing vessels. (5) If in respect of a fishing vessel there is a contravention of a regulation under this section, the owner and (if the vessel is in use) the master of the vessel is each guilty of an offence and each is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months, or to both.
Safety of pleasure craft and their occupants.	20.—(1) The Minister may, by regulations, make such provision as he or she thinks necessary or expedient for the purpose of ensuring— (a) the safety of— (i) pleasure craft, (ii) the occupants of pleasure craft, and (iii) other persons, and of property, from injury or damage caused by, resulting from or arising out of the use of pleasure craft, or (b) that the use of a pleasure craft does not create a disturbance or constitute a nuisance. (2) Without prejudice to the generality of subsection (1), regulations under subsection (1) may— (a) require pleasure craft or specified classes of pleasure craft to comply with specified standards of seaworthiness (including stability), (b) require pleasure craft or specified classes of pleasure craft to comply with specified standards of construction and maintenance, (c) require pleasure craft or specified classes of pleasure craft to carry specified life-saving, fire-fighting, radio and navigation equipment, (d) make provision for periodic survey of specified classes of pleasure craft and their appliances and equipment and the prohibition of the use of specified classes of pleasure craft that have not been surveyed in accordance with the regulations or that, following such a survey, are declared by the person who carried it out to be unsafe for use and for appeals against such declarations or against other findings of such surveys, (e) provide for the registration of specified classes of pleasure craft and the licensing or certification of masters or persons in control of or operating pleasure craft or specified classes of pleasure craft, (f) regulate the use of pleasure craft or specified classes of pleasure craft by reference to the age or other qualifications of masters or persons in control of or operating pleasure craft or pleasure craft of a specified class, (g) regulate or prohibit the use of pleasure craft or specified classes of pleasure craft in particular circumstances, and the consumption of alcohol or drugs by masters or persons in control of or operating pleasure craft or pleasure craft of a specified class, (h) prohibit the use of pleasure craft or specified classes of pleasure craft unless there are in force policies of insurance under which the owners of the pleasure craft or, if the pleasure craft are on hire, the persons to whom they are on hire are insured to a specified extent against specified risks relating to the use of the pleasure craft, (i) require and regulate the use of personal flotation devices on specified classes of pleasure craft, (j) regulate the number of persons that may be carried on pleasure craft of a specified class, and (k) regulate or prohibit the towing of anything by or from pleasure craft or pleasure craft of a specified class. (3) Regulations under this section may make provision for such consequential, incidental, ancillary and supplementary matters (including the enforcement of the regulations and, with the consent of the Minister for Finance, the charging of fees by the Minister) as the Minister considers necessary or expedient. (4) Different provision may be made in regulations under this section for different classes of pleasure craft or persons on or using pleasure craft. (5) If in respect of a pleasure craft there is a contravention of a regulation under this section, the owner and (if the craft is in use) the master of the craft is each guilty of an offence and each is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months, or to both. (6) In this section ‘pleasure craft’ means vessels used otherwise than for profit and used wholly or mainly for sport or recreation but includes mechanically propelled vessels that are on hire pursuant to contracts or other arrangements that do not require the owners of the vessels to provide crews or parts of crews for them.”.

(2) The Act of 1992 is amended by substituting for section 27 the following:


“Fixed payment notice.	27.—(1) The Minister may prescribe that this section applies to a contravention or a particular contravention of regulations made under section 18 (other than subsection (2)(d)), 19 and 20. (2) Where an authorised officer has reasonable grounds for believing that a person is committing or has committed an offence under section 18, 19 or 20 in relation to a contravention of regulations made under section 18, 19 or 20 to which this section applies or under section 33(3) or 34(2) of the Maritime Safety Act 2005 he or she may serve on the person a notice in the prescribed form or in a form to like effect stating that— (a) the person is alleged to have committed the offence in respect of the contravention, (b) the person may during the period of 21 days beginning on the date of the notice make to the organisation specified at the address specified in the notice a payment of €150, or such other amount prescribed under subsection (5), accompanied by the notice, and (c) a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence will be instituted. (3) Where notice is given under subsection (2)— (a) a person to whom the notice applies may, during the period specified in the notice, make to the organisation specified at the address specified in the notice the payment specified in the notice accompanied by the notice, (b) the organisation specified may receive the payment, issue a receipt for it and retain the money so paid, and any payment so received shall not be recoverable in any circumstances by the person who made it, (c) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice, and if the payment so specified is made during that period, no prosecution in respect of the alleged offence shall be instituted. (4) In a prosecution for an offence under section 18, 19 or 20 or section 33(3) or 34(2) of the Maritime Safety Act 2005 the onus of proving that a payment pursuant to a notice under this section has been made lies on the defendant. (5) The Minister may prescribe another amount, or different amounts in respect of different contraventions or different classes of vessels, in lieu of the amount specified in subsection (2)(b). (6) In this section ‘organisation’ means the Department of Communications, Marine and Natural Resources or such other person as specified in a notice issued under this section.”.

“Fixed payment notice.

27.—(1) The Minister may prescribe that this section applies to a contravention or a particular contravention of regulations made under section 18 (other than subsection (2)(d)), 19 and 20. (2) Where an authorised officer has reasonable grounds for believing that a person is committing or has committed an offence under section 18, 19 or 20 in relation to a contravention of regulations made under section 18, 19 or 20 to which this section applies or under section 33(3) or 34(2) of the Maritime Safety Act 2005 he or she may serve on the person a notice in the prescribed form or in a form to like effect stating that— (a) the person is alleged to have committed the offence in respect of the contravention, (b) the person may during the period of 21 days beginning on the date of the notice make to the organisation specified at the address specified in the notice a payment of €150, or such other amount prescribed under subsection (5), accompanied by the notice, and (c) a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence will be instituted. (3) Where notice is given under subsection (2)— (a) a person to whom the notice applies may, during the period specified in the notice, make to the organisation specified at the address specified in the notice the payment specified in the notice accompanied by the notice, (b) the organisation specified may receive the payment, issue a receipt for it and retain the money so paid, and any payment so received shall not be recoverable in any circumstances by the person who made it, (c) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice, and if the payment so specified is made during that period, no prosecution in respect of the alleged offence shall be instituted. (4) In a prosecution for an offence under section 18, 19 or 20 or section 33(3) or 34(2) of the Maritime Safety Act 2005 the onus of proving that a payment pursuant to a notice under this section has been made lies on the defendant. (5) The Minister may prescribe another amount, or different amounts in respect of different contraventions or different classes of vessels, in lieu of the amount specified in subsection (2)(b). (6) In this section ‘organisation’ means the Department of Communications, Marine and Natural Resources or such other person as specified in a notice issued under this section.”.

(3) Regulations made under section 18, 19, 20 and 27 of the Act of 1992 which are in force immediately before the commencement of this section continue in force after such commencement and are deemed to have been made under section 18, 19, 20 or 27, as the case may be, inserted by this section.

48. Amendment of Merchant Shipping Act 1947.

48.—Section 12(4) of the Merchant Shipping Act 1947 is amended by substituting “€500” for “twenty five pounds”.

49. Amendment of Merchant Shipping (Certification of Seamen) Act 1979.

49.—The Act of 1979 is amended—

(a) in section 3(3), by substituting “€5,000” for “£250”,

(b) in section 5(1), by substituting “€100,000” for “£5,000”,

(d) in section 6, by substituting “€5,000” for “£250”,

(e) in section 7(2), by substituting “€500” for “£250”,

(f) in section 8(2), by substituting “€5,000” for “£250”, and

(g) in section 11(2), by substituting “€500” for “£100”.

50. Miscellaneous amendments to Act of 1992.

50.—The Act of 1992 is amended—

(a) in section 6(2)—

(i) paragraph (a), by substituting “€5,000” for “£1,000”, and

(ii) paragraph (b), by substituting “€100,000” for “£10,000”,

(b) in section 8(6)—

(i) paragraph (a), by substituting “€5,000” for “£1,000”,

(ii) paragraph (b), by substituting “€100,000” for “£10,000”, and

(iii) paragraph (c), by substituting “€100,000” for “£100,000”,

“(2A) Where the Minister revokes or suspends a certificate in respect of a particular vessel, and is of opinion that it is in the interests of safety that the holder of the certificate should not be the holder of a certificate or licence in relation to other vessels, then the Minister may revoke or suspend any other certificate or licence held by the holder in relation to any other vessel.”,

(d) in section 10(2)—

(i) paragraph (a), by substituting “€1,000” for “£500”, and

(ii) paragraph (b), by substituting “€5,000” for “£1,000”,

(e) in section 11(2)—

(i) paragraph (a), by substituting “€5,000” for “£1,000”, and

(ii) paragraph (b), by substituting “€100,000” for “£10,000”,

(f) in section 12(2)—

(i) paragraph (a), by substituting “€5,000” for “£1,000”, and

(ii) paragraph (b), by substituting “€100,000” for “£100,000”, and

(g) in section 13(3)—

(i) paragraph (a)(i), by substituting “€5,000” for “£1,000”,

(ii) paragraph (a)(ii), by substituting “€100,000” for “£100,000”,

(iii) paragraph (b), by substituting “€2,000” for “£500”, and

(iv) paragraph (c), by substituting “€5,000” for “£1,000”,

(h) in section 14(2)—

(i) paragraph (a), by substituting “€5,000” for “£1,000”, and

(ii) paragraph (b), by substituting “€100,000” for “£5,000”,

(i) in section 14A(3) (inserted by section 4(c) of the Merchant Shipping (Miscellaneous Provisions) Act 1998)—

(i) paragraph (a), by substituting “€5,000” for “£1,500”, and

(ii) paragraph (b), by substituting “€100,000” for “£10,000”,

(j) in section 15(7)—

(i) paragraph (a), by substituting “€5,000” for “£1,000”,

(ii) paragraph (b), by substituting “€100,000” for “£5,000”, and

(iii) paragraph (c), by substituting “€100,000” for “£50,000”,

(k) in section 16, by inserting after subsection (2) the following:

“(2A) Where the Minister revokes or suspends a licence in respect of a particular vessel under subsection (2), and is of opinion that it is in the interests of safety that the holder of the licence should not be the holder of a licence or certificate in relation to other vessels, then the Minister may revoke or suspend any other licence or certificate held by the holder in relation to any other vessel.”,

(l) in section 17(3)—

(i) paragraph (a), by substituting “€500” for “£200”, and

(ii) paragraph (b), by substituting “€2,000” for “£500”,

(m) in section 25(3), by substituting “€5,000” for “£1,000”, and

(n) in section 30, by substituting “€5,000” for “£1,000”.

51. Increase in fines, etc., in Act of 2000.

51.—The Act of 2000 is amended—

(a) in section 2, in the definition of “owner”, by inserting “hirer,” after “charterer,”,

(b) in section 30(7), by substituting “€2,000” for “£1,000”,

(d) in section 36(7), by substituting “€5,000” for “£1,500” and “6 months” for “12 months”,

(e) in section 42—

(i) paragraph (a), by substituting “€5,000” for “£1,500” and “6 months” for “3 months”, and

(ii) paragraph (b), by substituting “€100,000” for “£100,000”.

PART 5 Amendment of Certain Enactments

52. Amendment of Harbours Act 1946.

52.—The Harbours Act 1946 is amended—

(a) by substituting for section 48 the following:


“Cleaning, etc., of harbour.	48.—Subject to compliance with the law for the time being in force, a harbour authority may take such measures as they think fit for cleaning, scouring, deepening, improving and dredging their harbour and the approaches to it.”,

and

(b) in section 60—

(i) by substituting for subsection (12) the following:

“(12) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding €5,000.”,

and

(ii) by inserting after subsection (13), the following:

“(14)

(a) Where an officer of a harbour authority authorised for the purposes of this subsection has reasonable grounds for believing that a person is committing or has committed an offence under subsection (12) of this section he or she may serve the person with a notice, in the form specified by the harbour authority in bye-laws under this section, stating that—

(i) the person is alleged to have committed the offence, and

(ii) the person may during the period of 21 days beginning on the date of the notice make to the harbour authority at the address specified in the notice a payment of €150, accompanied by the notice, and

(iii) a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence will be instituted.

(b) Where notice is given under paragraph (a) of this subsection—

(i) a person to whom the notice applies may, during the period specified in the notice, make to the harbour authority at the address specified in the notice the payment specified in the notice, accompanied by the notice,

(ii) the harbour authority may receive the payment, issue a receipt for it and retain the money paid, and any payment received shall not be recoverable in any circumstances by the person who made it,

(iii) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice, and if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence shall be instituted.

(c) In a prosecution for an offence under this subsection the onus of proving that a payment pursuant to a notice under this subsection has been made lies on the defendant.”.

53. Sea-fishing boat licences.

53.—F19[…]

54. Amendment of Fishery Harbour Centres Act 1968.

54.—Section 4 of the Fishery Harbour Centres Act 1968 is amended—

(a) by substituting for paragraph (a) of subsection (6) the following:

“(a) A person who contravenes an order or bye-law under this section is guilty of an offence and is liable on summary conviction to a fine not exceeding €5,000.”,

and

(b) by inserting after subsection (9) the following:

“(10)

(a) Where an officer of the Minister authorised for the purposes of this subsection has reasonable grounds for believing that a person is committing or has committed an offence under subsection (6)(a) of this section he or she may serve the person with a notice, in the form specified by the Minister in bye-laws under this section, stating that—

(i) the person is alleged to have committed the offence, and

(ii) the person may during the period of 21 days beginning on the date of the notice make to the Minister at the address specified in the notice a payment of such amount specified in bye-laws under this section, accompanied by the notice, and

(iii) a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence will be instituted.

(b) Where notice is given under paragraph (a) of this subsection—

(i) a person to whom the notice applies may, during the period specified in the notice, make to the Minister at the address specified in the notice the payment specified in the notice accompanied by the notice,

(ii) the Minister may receive the payment, issue a receipt for it and retain the money paid, and any payment received shall not be recoverable in any circumstances by the person who made it,

(iii) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice, and if the payment specified is made during that period, no prosecution in respect of the alleged offence shall be instituted.

(c) In a prosecution for an offence under this subsection the onus of proving that a payment pursuant to a notice under this subsection has been made lies on the defendant.

(d) Any payment received by the Minister under this subsection shall be paid into the Fishery Harbour Centres Fund.”.

55. Amendment of section 4 of Landlord and Tenant (Ground Rents) (No. 2) Act 1978.

55.—(1) Section 4(1) (inserted by section 2 of the Landlord and Tenant (Ground Rents) Act 2005) of the Landlord and Tenant (Ground Rents) (No. 2) Act 1978 is amended by inserting after paragraph (c) the following:

“(cc) a company within the meaning of section 2 of the Harbours Act 1996,”.

(2) The amendment provided for in subsection (1) does not affect actions taken before the commencement of this section under the Landlord and Tenant Acts 1967 to 2005.

56. Amendment of Canals Act 1986.

56.—The Canals Act 1986 is amended—

(a) in section 7, by inserting after subsection (1) the following:

“(1A)

(a) If Waterways Ireland proposes to make bye-laws under subsection (1), it shall publish a notice of the proposal in one or more newspapers circulating in the vicinity of the canal or other canal property to which the proposal relates.

(b) A notice under paragraph (a) shall contain a statement in general terms of the purposes for which the proposed bye-laws are to be made and an intimation that—

(i) a copy of the draft bye-laws is open for public inspection at a place specified in the notice, and

(ii) a person may submit to Waterways Ireland objections to the draft bye-laws at any time during the period of 21 days commencing on the day of the first publication of the notice.

(c) Waterways Ireland shall, during the period of 21 days, keep a copy of the draft bye-laws open for public inspection at the place specified in the notice.

(d) Any person who objects to the draft bye-laws may submit his or her objections to Waterways Ireland in writing at any time during the period of 21 days. Waterways Ireland shall consider the objections.

(e) On the expiration of the period of 21 days, Waterways Ireland shall, as it thinks proper, refrain from making the bye-laws or, with the consent of the Minister for Community, Rural and Gaeltacht Affairs, make the bye-laws either without modification or with such modification, as it thinks proper.

(f) A copy of the bye-laws for the time being in force under subsection (1) in relation to a canal or other canal property shall be made available by Waterways Ireland for inspection by the public at the public offices of Waterways Ireland during ordinary office hours. Waterways Ireland shall make available to the public at such price (if any) as may be determined by it copies of bye-laws for the time being in force relating to a canal or other canal property.”;

(b) in section 7—

(i) by substituting for subsection (3), the following:

“(3) A person who contravenes a bye-law under subsection (1) (other than paragraph (i)) is guilty of an offence and is liable on summary conviction to a fine not exceeding €5000.”,

(ii) by deleting subsection (4), and

(iii) by inserting after subsection (7) the following:

“(8) Waterways Ireland may recover as a simple contract debt in any court of competent jurisdiction from any person by whom it is payable any amount due and owing under bye-laws made under subsection (1)(i).”,

and


“Fixed payment notice.	7A.—(1) Where an authorised officer of Waterways Ireland has reasonable grounds for believing that a person is committing or has committed an offence under section 7, he or she may serve the person with a notice, in the form specified by Waterways Ireland in bye-laws under section 7 stating that— (a) the person is alleged to have committed the offence, and (b) the person may during the period of 21 days beginning on the date of the notice make to Waterways Ireland, at the address specified in the notice a payment of €150, accompanied by the notice, and (c) a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of that alleged offence will be instituted. (2) Where notice is given under subsection (1)— (a) a person to whom the notice applies may, during the period specified in the notice, make to Waterways Ireland at the address specified in the notice the payment specified in the notice, accompanied by the notice, (b) Waterways Ireland may receive the payment, issue a receipt for it and retain the money paid, and any payment received shall not be recoverable in any circumstances by the person who made it, (c) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice, and if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence shall be instituted. (3) In a prosecution for an offence under section 7 the onus of proving that a payment pursuant to a notice under this section has been made lies on the defendant.”.

“Fixed payment notice.

7A.—(1) Where an authorised officer of Waterways Ireland has reasonable grounds for believing that a person is committing or has committed an offence under section 7, he or she may serve the person with a notice, in the form specified by Waterways Ireland in bye-laws under section 7 stating that— (a) the person is alleged to have committed the offence, and (b) the person may during the period of 21 days beginning on the date of the notice make to Waterways Ireland, at the address specified in the notice a payment of €150, accompanied by the notice, and (c) a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of that alleged offence will be instituted. (2) Where notice is given under subsection (1)— (a) a person to whom the notice applies may, during the period specified in the notice, make to Waterways Ireland at the address specified in the notice the payment specified in the notice, accompanied by the notice, (b) Waterways Ireland may receive the payment, issue a receipt for it and retain the money paid, and any payment received shall not be recoverable in any circumstances by the person who made it, (c) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice, and if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence shall be instituted. (3) In a prosecution for an offence under section 7 the onus of proving that a payment pursuant to a notice under this section has been made lies on the defendant.”.

57.—The Shannon Navigation Act 1990 is amended—

(a) in section 3, by inserting after subsection (1) the following—

“(1A)

(a) If Waterways Ireland proposes to make bye-laws under subsection (1), it shall publish a notice of the proposal in one or more newspapers circulating in the vicinity of the Shannon navigation to which the proposal relates.

(b) A notice under paragraph (a) shall contain a statement in general terms of the purposes for which the proposed bye-laws are to be made and an intimation that—

(i) a copy of the draft bye-laws is open for public inspection at a place specified in the notice, and

(ii) a person may submit to Waterways Ireland objections to the draft bye-laws at any time during the period of 21 days commencing on the day of the first publication of the notice.

(c) Waterways Ireland shall, during the period of 21 days, keep a copy of the draft bye-laws open for public inspection at the place specified in the notice.

(d) Any person who objects to the draft bye-laws may submit his or her objections to Waterways Ireland in writing at any time during the period of 21 days. Waterways Ireland shall consider the objections.

(e) On the expiration of the period of 21 days, Waterways Ireland shall, as it thinks proper, refrain from making the bye-laws or, with the consent of the Minister for Community, Rural and Gaeltacht Affairs, make the bye-laws either without modification or with such modification, as it thinks proper.

(f) A copy of the bye-laws for the time being in force under subsection (1) in relation to the Shannon navigation shall be made available by Waterways Ireland for inspection by the public at the public offices of Waterways Ireland during ordinary office hours. Waterways Ireland shall make available to the public, at such fee (if any) as may be determined by it, copies of bye-laws for the time being in force relating to the Shannon navigation.”;

(b) in section 3, by substituting for subsection (5), the following:

“(5) A person who contravenes a bye-law under subsection (1) (other than paragraph (l)) is guilty of an offence and is liable on summary conviction to a fine not exceeding €5,000.

(5A) Waterways Ireland may recover as a simple contract debt in any court of competent jurisdiction from any person by whom it is payable any amount due and owing under bye-laws made under subsection (1)(l).”,

and


“Fixed payment notice.	3A.—(1) Where an authorised officer of Waterways Ireland has reasonable grounds for believing that a person is committing or has committed an offence under section 3, he or she may serve the person with a notice, in the form specified by Waterways Ireland in bye-laws under section 3, stating that— (a) the person is alleged to have committed the offence, and (b) the person may during the period of 21 days beginning on the date of the notice make to Waterways Ireland, at the address specified in the notice, a payment of €150, accompanied by the notice, and (c) a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of that alleged offence will be instituted. (2) Where notice is given under subsection (1)— (a) a person to whom the notice applies may, during the period specified in the notice, make to Waterways Ireland at the address specified in the notice the payment specified in the notice, accompanied by the notice, (b) Waterways Ireland may receive the payment, issue a receipt for it and retain the money paid, and any payment received shall not be recoverable in any circumstances by the person who made it, (c) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice, and if the payment so specified is made during that period, no prosecution in respect of the alleged offence shall be instituted. (3) In a prosecution for an offence under section 3 the onus of proving that a payment pursuant to a notice under this section has been made lies on the defendant.”.

“Fixed payment notice.

3A.—(1) Where an authorised officer of Waterways Ireland has reasonable grounds for believing that a person is committing or has committed an offence under section 3, he or she may serve the person with a notice, in the form specified by Waterways Ireland in bye-laws under section 3, stating that— (a) the person is alleged to have committed the offence, and (b) the person may during the period of 21 days beginning on the date of the notice make to Waterways Ireland, at the address specified in the notice, a payment of €150, accompanied by the notice, and (c) a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of that alleged offence will be instituted. (2) Where notice is given under subsection (1)— (a) a person to whom the notice applies may, during the period specified in the notice, make to Waterways Ireland at the address specified in the notice the payment specified in the notice, accompanied by the notice, (b) Waterways Ireland may receive the payment, issue a receipt for it and retain the money paid, and any payment received shall not be recoverable in any circumstances by the person who made it, (c) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice, and if the payment so specified is made during that period, no prosecution in respect of the alleged offence shall be instituted. (3) In a prosecution for an offence under section 3 the onus of proving that a payment pursuant to a notice under this section has been made lies on the defendant.”.

58. Amendment of Harbours Act 1996.

58.—The Harbours Act 1996 is amended—

(a) by substituting for subsections (1) and (2) of section 6 the following:

“(1) A person guilty of an offence under section 46, 50, 52, 53, 60 or 77 is liable—

(a) on summary conviction, to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or both, or

(b) on conviction on indictment, to a fine not exceeding €1,000,000 or imprisonment for a term not exceeding 2 years or both.

(2) A person guilty of an offence under this Act (other than section 46, 50, 52, 53, 60 or 77) is guilty of an offence and is liable on summary conviction to a fine not exceeding €5,000.”,

(b) by inserting after section 6 the following:


“Fixed payment notice.	6A.—(1) Where a member of a company's harbour police (within the meaning of section 54), has reasonable grounds for believing that a person is committing or has committed an offence under section 42, 47, 48, 49, 61, 66, 71, 76 or 92(10) in the harbour for which he or she is such a member, he or she may serve the person with a notice, in the form specified by the company in bye-laws under section 42, stating that— (a) the person is alleged to have committed the offence, and (b) the person may during the period of 21 days beginning on the date of the notice make to the company concerned at the address specified in the notice a payment of— (i) €300, in respect of committing an offence, other than an offence under section 42 or 71, or (ii) such other amount, of not more than €300 but not less than €50, as specified in bye-laws made under section 42, in respect of committing an offence under section 42 or 71, as the case may be, or such other amount in lieu of any of those amounts as stands specified in regulations made by the Minister, accompanied by the notice, and (c) a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence will be instituted. (2) Where notice is given under subsection (1)— (a) a person to whom the notice applies may, during the period specified in the notice, make to the company at the address specified in the notice the payment specified in the notice accompanied by the notice, (b) the company specified in the notice may receive the payment, issue a receipt for it and retain the money paid, and any payment received shall not be recoverable in any circumstances by the person who made it, (c) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice, and if the payment so specified is made during that period, no prosecution in respect of the alleged offence shall be instituted. (3) In a prosecution for an offence under a provision mentioned in subsection (1) the onus of proving that a payment pursuant to a notice under this section has been made lies on the defendant.”,

“Fixed payment notice.

6A.—(1) Where a member of a company's harbour police (within the meaning of section 54), has reasonable grounds for believing that a person is committing or has committed an offence under section 42, 47, 48, 49, 61, 66, 71, 76 or 92(10) in the harbour for which he or she is such a member, he or she may serve the person with a notice, in the form specified by the company in bye-laws under section 42, stating that— (a) the person is alleged to have committed the offence, and (b) the person may during the period of 21 days beginning on the date of the notice make to the company concerned at the address specified in the notice a payment of— (i) €300, in respect of committing an offence, other than an offence under section 42 or 71, or (ii) such other amount, of not more than €300 but not less than €50, as specified in bye-laws made under section 42, in respect of committing an offence under section 42 or 71, as the case may be, or such other amount in lieu of any of those amounts as stands specified in regulations made by the Minister, accompanied by the notice, and (c) a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence will be instituted. (2) Where notice is given under subsection (1)— (a) a person to whom the notice applies may, during the period specified in the notice, make to the company at the address specified in the notice the payment specified in the notice accompanied by the notice, (b) the company specified in the notice may receive the payment, issue a receipt for it and retain the money paid, and any payment received shall not be recoverable in any circumstances by the person who made it, (c) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice, and if the payment so specified is made during that period, no prosecution in respect of the alleged offence shall be instituted. (3) In a prosecution for an offence under a provision mentioned in subsection (1) the onus of proving that a payment pursuant to a notice under this section has been made lies on the defendant.”,

and

“(4)

(a) If a company proposes to make bye-laws under subsection (1) it shall publish a notice of the proposal in one or more newspapers circulating in the vicinity of the harbour to which the proposal relates.

(b) A notice under paragraph (a) shall contain a statement in general terms of the purposes for which the proposed bye-laws are to be made and an intimation that—

(i) a copy of the draft bye-laws is open for public inspection at a place in the harbour specified in the notice, and

(ii) a person may submit to the company objections to the draft bye-laws at any time during the period of 21 days commencing on the day of the first publication of the notice.

(c) The company shall, during the period of 21 days, keep a copy of the draft bye-laws open for public inspection at the place specified in the notice.

(d) Any person who objects to the draft bye-laws may submit his or her objections to the company in writing at any time during the period of 21 days. The company shall consider the objections.

(e) On the expiration of the period of 21 days, the company shall, as it thinks proper, refrain from making the bye-laws or make the bye-laws either without modification or with such modification, as it thinks proper.

(5) A copy of bye-laws for the time being in force under subsection (1) in relation to a harbour shall be made available, by the company which made them, for inspection by the public at the harbour during ordinary office hours. The company shall make available to the public at such price (if any) as may be determined by the company copies of bye-laws for the time being in force relating to the harbour.”.

PART 6 Provisions Relating to the Foreshore and to Foreshore and Aquaculture Licences, etc.

59. Collective citation (Part 6).

59.—The Foreshore Acts 1933 to 2003 and this Part may be cited together as the Foreshore Acts 1933 to 2005 and shall be construed together as one Act.

60. Amendment of Foreshore Act 1933.

60.—The Foreshore Act 1933 is amended—

(a) in section 1—

(i) in the definition of “foreshore” by inserting “and the outer limit of the foreshore shall be determined in accordance with section 1A of this Act” after “any such river or estuary”, and

(ii) by inserting the following before the definition of “the Minister”:

“the expression ‘the Act of 2005’ means the Maritime Safety Act 2005;”,

(b) by inserting the following section after section 1:


“Outer limit of foreshore.	1A.—(1) The outer limit of the foreshore is, and shall be deemed always to have been and to be, coterminous with the seaward limit of the territorial seas of the State as provided, from time to time, by Act of the Oireachtas. (2) If immediately before 21 June 2005 any part of the foreshore, being foreshore as determinable before that date without reference to subsection (1) of this section, was not owned by the State by virtue of any grant, charter, purchase or other means, then nothing in subsection (1) of this section shall be construed so as to extend any person's interest in that part of the foreshore beyond the outer limit of that part of the foreshore as determined or determinable at the time of such grant, charter or purchase or the time ownership by other means arose.”,

“Outer limit of foreshore.

1A.—(1) The outer limit of the foreshore is, and shall be deemed always to have been and to be, coterminous with the seaward limit of the territorial seas of the State as provided, from time to time, by Act of the Oireachtas. (2) If immediately before 21 June 2005 any part of the foreshore, being foreshore as determinable before that date without reference to subsection (1) of this section, was not owned by the State by virtue of any grant, charter, purchase or other means, then nothing in subsection (1) of this section shall be construed so as to extend any person's interest in that part of the foreshore beyond the outer limit of that part of the foreshore as determined or determinable at the time of such grant, charter or purchase or the time ownership by other means arose.”,


“Provisions relating to certain leases, licences, etc.	3A.—(1) Where a lease, licence or consent was granted by the Minister before the passing of Part 6 of the Act of 2005, that relates to or includes an area that, but for section 1A(1) of this Act, would not be foreshore, then the lease, licence or consent (including any terms and conditions) shall have effect by reference to the definition of ‘foreshore’ (as amended by Part 6 of the Act of 2005) in section 1 of this Act. (2) Where— (a) any measures were taken by the Minister before the passing of Part 6 of the Act of 2005, and (b) those measures relate in whole or in part to an area that, but for section 1A(1) of this Act, would not form part of the foreshore, then those measures shall have effect, and be deemed always to have had effect, by reference to the definition of ‘foreshore’ (as amended by Part 6 of the Act of 2005) in section 1 of this Act. (3) If, because of any provision of subsection (1) or (2) of this section, that provision would conflict with the constitutional rights of any person, then that provision shall be subject to such limitations as are necessary to secure that it does not so conflict but shall otherwise be of full force and effect.
Provisions relating to certain applications for lease, licence or consent.	3B.—(1) Where before the passing of Part 6 of the Act of 2005— (a) an application was made to the Minister for a lease, licence or consent, (b) the application relates to or includes an area that, but for section 1A(1) of this Act, would not be foreshore, and (c) the application has not been finally determined before such passing, then in determining the application account may be taken of the definition of ‘foreshore’ (as amended by Part 6 of the Act of 2005) in section 1 of this Act. (2) If, because of any provision of subsection (1) of this section, that provision would conflict with the constitutional rights of any person, then that provision shall be subject to such limitations as are necessary to secure that it does not so conflict but shall otherwise be of full force and effect.
Provisions relating to certain aquaculture licences.	3C.—(1) Where a foreshore licence was deemed by— (a) section 75 of the Fisheries (Amendment) Act 1997, or (b) section 3 of the Fisheries and Foreshore (Amendment) Act 1998, to be an aquaculture licence and that foreshore licence relates to or includes an area that, but for section 1A(1) of this Act, would not be foreshore, then the aquaculture licence shall have effect, and be deemed always to have had effect, by reference to the definition of ‘foreshore’ (as amended by Part 6 of the Act of 2005) in section 1 of this Act. (2) Where before the passing of Part 6 of the Act of 2005— (a) a foreshore licence was granted that relates in whole or in part to aquacultural purposes, and (b) an aquaculture licence was granted in respect of those aquacultural purposes and those purposes relate to or include an area which, in whole or in part, would not be foreshore but for section 1A(1) of this Act, then the aquaculture licence shall have effect, and be deemed always to have had effect, by reference to the definition of ‘foreshore’ (as amended by Part 6 of the Act of 2005) in section 1 of this Act. (3) If, because of any provision of subsection (1) or (2) of this subsection, that provision would conflict with the constitutional rights of any person, then that provision shall be subject to such limitations as are necessary to secure that it does not so conflict but shall otherwise be of full force and effect.”,

and

(d) by inserting the following section after section 16:


“Provisions with respect to certain court proceedings.	16A.—(1) Where, before the passing of Part 6 of the Act of 2005, a court made a finding as to whether an area is or is not foreshore, then that finding shall not be affected by reference to the definition of ‘foreshore’ (as amended by Part 6 of the Act of 2005) in section 1 of this Act or to section 1A of this Act. (2) Where the validity of any lease, licence or consent to which section 3A(1) of this Act relates has been challenged in court proceedings instituted before 21 June 2005 by reference to the area in respect of which it was granted, then the said section 3A(1) shall not apply to that lease, licence or consent.”.

“Provisions with respect to certain court proceedings.

16A.—(1) Where, before the passing of Part 6 of the Act of 2005, a court made a finding as to whether an area is or is not foreshore, then that finding shall not be affected by reference to the definition of ‘foreshore’ (as amended by Part 6 of the Act of 2005) in section 1 of this Act or to section 1A of this Act. (2) Where the validity of any lease, licence or consent to which section 3A(1) of this Act relates has been challenged in court proceedings instituted before 21 June 2005 by reference to the area in respect of which it was granted, then the said section 3A(1) shall not apply to that lease, licence or consent.”.

SCHEDULE Enactments Repealed

Section 3.



Session and Chapter or Number and Year (1)	Short Title (2)	Extent of Repeal (3)
57 & 58 Vict., c. 60	Merchant Shipping Act 1894	Section 220
No. 45 of 1934	Carriage by Sea (Heavy Articles) Act 1934	The whole Act
No. 9 of 1937	Merchant Shipping (Spanish Civil War) Act 1937	The whole Act
No. 46 of 1947	Merchant Shipping Act 1947	Section 11
No. 33 of 1981	Merchant Shipping Act 1981	Sections 4 and 5
No. 2 of 1992	Merchant Shipping Act 1992	Sections 23, 24 and 33 to 37
No. 14 of 2000	Merchant Shipping (Investigation of Marine Casualties) Act 2000	Section 44(2) to (9) and (11)

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Maritime Safety Act 2005

46. Definitions (Part 3).

PART 4 Safety Regulations — Passenger Boats, Fishing Vessels and Pleasure Craft — and Amendment of Merchant Shipping Acts

47. Safety regulations — passenger boats, fishing vessels and pleasure craft.

48. Amendment of Merchant Shipping Act 1947.

49. Amendment of Merchant Shipping (Certification of Seamen) Act 1979.

50. Miscellaneous amendments to Act of 1992.

51. Increase in fines, etc., in Act of 2000.

PART 5 Amendment of Certain Enactments

52. Amendment of Harbours Act 1946.

53. Sea-fishing boat licences.

54. Amendment of Fishery Harbour Centres Act 1968.

55. Amendment of section 4 of Landlord and Tenant (Ground Rents) (No. 2) Act 1978.

56. Amendment of Canals Act 1986.

57. Amendment of Shannon Navigation Act 1990.

58. Amendment of Harbours Act 1996.

PART 6 Provisions Relating to the Foreshore and to Foreshore and Aquaculture Licences, etc.

59. Collective citation (Part 6).

60. Amendment of Foreshore Act 1933.

SCHEDULE Enactments Repealed