Sea Pollution Act 1991


Number 27 of 1991


SEA POLLUTION ACT 1991

REVISED

Updated to 1 September 2017


This Revised Act is an administrative consolidation of the Sea Pollution Act 1991. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including National Shared Services Office Act 2017 (26/2017), enacted 26 July 2017, and all statutory instruments up to and including Sea Pollution (Control of Pollution by Noxious Liquid Substances in Bulk) (Amendment) Regulations 2017 (S.I. No. 393 of 2017), made 30 August 2017, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 27 of 1991


SEA POLLUTION ACT 1991

REVISED

Updated to 1 September 2017


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Sea Pollution Acts 1991 to 2014 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Local Government Reform Act 2014 (1/2014), s. 1(20)). The Acts in this group are:

Sea Pollution Act 1991 (27/1991)

Energy (Miscellaneous Provisions) Act 1995 (35/1995), insofar as it amended Sea Pollution Act 1991

Dumping At Sea Act 1996 (14/1996), s. 12

Sea Pollution (Amendment) Act 1999 (18/1999)

Sea Pollution (Miscellaneous Provisions) Act 2006 (29/2006), s. 1(3) and Part 3, ss. 19-37

Local Government Reform Act 2014 (1/2014), s. 1(20) and the amendments to the Sea Pollution (Amendment) Act 1999 and the Sea Pollution (Miscellaneous Provisions) Act 2006 provided for in s. 5(6) and Schedule 2, Part 6 (Note: the 2006 Act is not amended by the 2014 Act and the reference to s. 5(6) appears to refer to s. 5(8)).

Oil Pollution of the Sea (Civil Liability and Compensation) Acts 1988 to 2005 : this Act, s. 37, is one of a group of Acts included in this collective citation, to be construed together as one ( Sea Pollution (Hazardous Substances) (Compensation) Act 2005 (9/2005), s. 1(3)). The Acts in this group are:

Oil Pollution of the Sea (Civil Liability and Compensation) Act 1988 (11/1988)

Sea Pollution Act 1991 (18/1999), s. 37

Oil Pollution of the Sea (Civil Liability and Compensation) (Amendment) Act 1998 (13/1998)

Oil Pollution of the Sea (Civil Liability and Compensation) (Amendment) Act 2003 (33/2003)

Sea Pollution (Hazardous Substances) (Compensation) Act 2005 (9/2005), s. 29

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1994, may be found may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Sea Pollution (Miscellaneous Provisions) Act 2006 (29/2006)

Sea-Fisheries and Maritime Jurisdiction Act 2006 (8/2006)

Merchant Shipping (Investigation of Marine Casualties) Act 2000 (14/2000)

Sea Pollution (Amendment) Act 1999 (18/1999)

Oil Pollution of the Sea (Civil Liability and Compensation) (Amendment) Act 1998 (13/1998)

Dumping At Sea Act 1996 (14/1996)

Energy (Miscellaneous Provisions) Act 1995 (35/1995)

All Acts up to and including National Shared Services Office Act 2017 (26/2017), enacted 26 July 2017, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Sea Pollution (Control of Pollution by Noxious Liquid Substances in Bulk) (Amendment) Regulations 2017 (S.I. No. 393 of 2017)

Sea Pollution (Prevention of Air Pollution from Ships) (Amendment) Regulations 2017 (S.I. No. 48 of 2017)

Sea Pollution (Prevention of Oil Pollution) (Amendment) (No. 3) Regulations 2016 (S.I. No. 582 of 2016)

Sea Pollution (Prevention of Oil Pollution) (Amendment) (No. 2) Regulations 2016 (S.I. No. 578 of 2016)

Sea Pollution (Prevention of Oil Pollution) (Amendment) Regulations 2016 (S.I. No. 461 of 2016)

Sea Pollution (Harmful Substances in Packaged Form) (Amendment) Regulations 2016 (S.I. No. 459 of 2016)

Sea Pollution (Prevention of Oil Pollution) (Amendment) Regulations 2014 (S.I. No. 275 of 2014)

Sea Pollution (Harmful Substances in Packaged Form) Regulations 2013 (S.I. No. 510 of 2013)

Sea Pollution (Prevention of Air Pollution from Ships) (Amendment) Regulations 2013 (S.I. No. 35 of 2013)

Sea Pollution (Prevention of Pollution by Sewage from Ships) (Amendment) Regulations 2012 (S.I. No. 492 of 2012)

Sea Pollution (Prevention of Pollution by Garbage from Ships) Regulations 2012 (S.I. No. 372 of 2012)

Sea Pollution (Prevention of Air Pollution from Ships) (Amendment) (No. 2) Regulations 2011 (S.I. No. 596 of 2011)

European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

Sea Pollution (Prevention of Air Pollution from Ships) (Amendment) Regulations 2011 (S.I. No. 383 of 2011)

Sea Pollution (Prevention of Oil Pollution) (Amendment) Regulations 2011 (S.I. No. 365 of 2011)

Sea Pollution (Prevention of Oil Pollution) (Amendment) Regulations 2010 (S.I. No. 664 of 2010)

European Communities (Ship-Source Pollution) Regulations 2010 (S.I. No. 542 of 2010)

Sea Pollution (Prevention of Air Pollution from Ships) Regulations 2010 (S.I. No. 313 of 2010)

Sea Pollution (Harmful Substances In Packaged Form) Regulations 2009 (S.I. No. 491 of 2009)

Sea Pollution (Prevention of Pollution By Sewage from Ships) (Amendment) (No. 2) Regulations 2008 (S.I. No. 372 of 2008)

Sea Pollution (Prevention of Oil Pollution) (Amendment) Regulations 2008 (S.I. No. 282 of 2008)

Sea Pollution (Prevention of Pollution By Sewage from Ships) (Amendment) Regulations 2008 (S.I. No. 281 of 2008)

Sea Pollution (Control of Pollution By Noxious Liquid Substances in Bulk) Regulations 2008 (S.I. No. 217 of 2008)

Sea Pollution (Control of Anti-Fouling Systems on Ships) Regulations 2008 (S.I. No. 82 of 2008)

Sea Pollution (Prevention of Oil Pollution) Regulations 2007 (S.I. No. 788 of 2007)

Sea Pollution (Prevention of Air Pollution from Ships) Regulations 2007 (S.I. No. 728 of 2007)

Sea Pollution (Prevention of Pollution by Sewage from Ships) Regulations 2006 (S.I. No. 269 of 2006)

Sea Pollution (Prevention of Pollution by Garbage from Ships) (Amendment) Regulations 2006 (S.I. No. 239 of 2006)

Maritime Transport, Safety and Security (Transfer of Departmental Administration and Ministerial Functions) Order 2005 (S.I. No. 842 of 2005)

Sea Pollution (Prevention of Oil Pollution) (Amendment) Regulations 2003 (S.I. No. 191 of 2003)

Sea Pollution (Prevention of Oil Pollution) (Amendment) Regulations 2002 (S.I. No. 642 of 2002)

Sea Pollution (Control of Pollution by Noxious Liquid Substances in Bulk) (Amendment) Regulations 2002 (S.I. No. 641 of 2002)

European Communities (Ship Inspection and Survey Organisations) Regulations 1998 (S.I. No. 56 of 1998)

Sea Pollution (Prevention of Pollution By Garbage From Ships) (Amendment) Regulations, 1997 (S.I. No. 516 of 1997)

Sea Pollution (Control of Pollution By Noxious Liquid Substances in Bulk) (Amendment) Regulations, 1997 (S.I. No. 515 of 1997)

Sea Pollution (Prevention of Oil Pollution) (Amendment) Regulations, 1997 (S.I. No. 514 of 1997)

Sea Pollution (Harmful Substances in Packaged Form) Regulations 1997 (S.I. No. 513 of 1997)

Sea Pollution Act, 1991 (Intervention Protocol) (Countries of Acceptance) Order 1995 (S.I. No. 118 of 1995)

Sea Pollution Act, 1991 (Intervention Convention) (Countries of Acceptance) Order 1995 (S.I. No. 117 of 1995)

Prevention of Pollution From Ships (Marpol 73/78) (Countries of Acceptance) Order, 1995 (S.I. No. 116 of 1995)

Sea Pollution Act, 1991 (Survey Fees) Order 1994 (S.I. No. 195 of 1994)

Sea Pollution Act, 1991 (Section 8) (Commencement) Order 1994 (S.I. No. 123 of 1994)

Sea Pollution (Control of Pollution by Noxious Liquid Substances in Bulk) Regulations 1994 (S.I. No. 46 of 1994)

Sea Pollution (Prevention of Pollution by Garbage From Ships) Regulations 1994 (S.I. No. 45 of 1994)

Sea Pollution (Prevention of Oil Pollution) Regulations 1994 (S.I. No. 44 of 1994)

Sea Pollution Act, 1991 (Commencement) Order 1992 (S.I. No. 380 of 1992)

All statutory instruments up to and including Sea Pollution (Control of Pollution by Noxious Liquid Substances in Bulk) (Amendment) Regulations 2017 (S.I. No. 393 of 2017), made 30 July 2017, were considered in the preparation of this revision.


Number 27 of 1991


SEA POLLUTION ACT 1991

REVISED

Updated to 1 September 2017


PART I

PRELIMINARY AND GENERAL

Section

1.

Short title.

2.

Commencement.

3.

Interpretation.

4.

Exemptions from Act.

5.

Laying of orders and regulations before each House of Oireachtas.

6.

Fees.

7.

Expenses of Minister.

8.

Repeals.

9.

Continuance of orders, regulations etc.

PART II

PREVENTION OF POLLUTION

10.

Prohibition on discharge of oil and other substances.

11.

Saver for discharges in certain circumstances.

12.

Facilities for disposal of oily residues and other substances.

13.

Report of discharge in State or into harbour or prescribed area.

13A.

13B.

14.

Equipment etc., of ships to prevent pollution.

15.

Keeping of records.

16.

Application of sections 14 and 15 to foreign ships.

PART III

ENFORCEMENT

17.

Surveys and inspections of ships.

18.

Surveys on behalf of a MARPOL Convention country.

19.

Surveyors of ships.

20.

Appointment of inspectors.

21.

Powers of inspectors.

22.

Defective ship or equipment.

23.

Refusal of entry of ships into harbour or State.

24.

Detention of ships.

25.

Powers of harbour-masters.

26.

Powers of Minister to prevent, mitigate or eliminate pollution.

27.

Right to recover compensation from Minister.

28.

Orders concerning Conventions and Protocols.

PART IIIA

ACTS OF EUROPEAN COMMUNITIES

28A.

Power of Minister to make regulations to give effect to acts of European Communities.

PART IV

MISCELLANEOUS

29.

Penalties.

29A.

Penalties for certain offences.

30.

Proceedings for offences.

31.

Offences by body corporate.

32.

Indictment of body corporate.

33.

Collection and application of fines.

34.

Proof of certain documents.

35.

Presumption of discharge.

36.

Amendment of Continental Shelf Act, 1968.

37.

Amendment of Oil Pollution of the Sea (Civil Liability and Compensation) Act, 1988.

38.

Evidence of expenses of Minister.

39.

Provisions relating to detention of ships.

39A.

40.

Detention of master of ship pending determination of proceedings (including appeals) under Act.

41.

Payment out of security provided for in section 40 .

42.

Costs of prosecutions.

43.

Service of documents.

FIRST SCHEDULE

Enactments Repealed

SECOND SCHEDULE

Amendment of Oil Pollution of the Sea (Civil Liability and Compensation) Act, 1988


Acts Referred to

Arbitration Act, 1954

1954, No. 26

Continental Shelf Act, 1968

1968, No. 14

Criminal Procedure Act, 1967

1967, No. 12

Dumping at Sea Act, 1981

1981, No. 8

Fishery Harbour Centres Act, 1968

1968, No. 18

Harbours Act, 1946

1946, No. 9

Mercantile Marine Act, 1955

1955, No. 29

Merchant Shipping Act, 1894

57 and 58 Vict., c. 60

Oil Pollution of the Sea (Civil Liability and Compensation) Act, 1988

1988, No. 11

Petty Sessions (Ireland) Act, 1851

14 and 15 Vict., c. 93

Public Offices Fees Act, 1879

42 and 43 Vict., c. 58


Number 27 o f1991


SEA POLLUTION ACT 1991

REVISED

Updated to 1 September 2017


AN ACT TO MAKE PROVISION FOR THE PREVENTION OF POLLUTION OF THE SEA BY OIL AND OTHER SUBSTANCES; AND TO GIVE EFFECT TO THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS DONE AT LONDON ON THE 2nd DAY OF NOVEMBER, 1973, AS AMENDED BY THE PROTOCOL DONE AT LONDON ON THE 17th DAY OF FEBRUARY, 1978; AND TO GIVE EFFECT TO THE PROTOCOL RELATING TO INTERVENTION ON THE HIGH SEAS IN CASES OF POLLUTION BY SUBSTANCES OTHER THAN OIL DONE AT LONDON ON THE 2nd DAY OF NOVEMBER, 1973; AND TO PROVIDE FOR THE REPEAL OF THE OIL POLLUTION OF THE SEA ACTS, 1956 TO 1977; AND TO PROVIDE FOR OTHER MATTERS RELATED TO THE FOREGOING MATTERS. [26 th November, 1991]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Application of Act and collectively cited Sea Pollution Acts 1991 to 2006 affected (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), regs. 42(22), 46(3), 63(2) and sch. 2, in effect as per reg. 1(3).

Screening for Appropriate Assessment and Appropriate Assessment of implications for European Sites

42. ...

(22) Notwithstanding any provision of any statute listed in the Second Schedule that provides for the consent for a plan or project to which this Regulation applies to be obtained by default on the failure of the public authority to provide a response within a specified timescale or otherwise, that provision shall not have effect in respect of any plan or project to which this Regulation applies

...

Review of existing plans

46. ...

(3) For the purposes of this Regulation, a decision, including a decision to adopt or undertake, or give approval for a plan, may include those adopted, undertaken or approved pursuant to any of the enactments set out in the Second Schedule to these Regulations.

...

General provisions regarding licences etc

63. ...

(2) A licence, consent, permission, permit, derogation or other authorisation given under these Regulations or under any of the enactments referred to in the Second Schedule may include conditions requiring compliance with any guideline or code of practice issued under Regulation 71 or such provisions thereof as may be specified in the conditions.

...

SECOND SCHEDULE

Number

Year

Short Title/Citation

...

...

...

Sea Pollution Acts 1991 to 2006

...

C2

Functions in relation to collectively cited Sea Pollution Acts 1991 to 1999 transferred and references to “Minister for” and “Department of Communications, Marine and Natural Resources” construed (1.01.2006) by Maritime Transport, Safety and Security (Transfer of Departmental Administration and Ministerial Functions) Order 2005 (S.I. No. 842 of 2005), arts. 3, 4 and sch. part 1, in effect as per art. 1(2), subject to transitional provisions in arts. 5-9. Note that name changed to Transport, Tourism and Sport (2.04.2011) by Transport (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 141 of 2011), in effect as per art. 1(2).

3. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are transferred to the Department of Transport.

(2) References to the Department of Communications, Marine and Natural Resources contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, from the commencement of this Order, be construed as references to the Department of Transport.

4. (1) The functions vested in the Minister for Communications, Marine and Natural Resources-

(a) by or under the Acts specified in Part 1,

...

of the Schedule to this Order are transferred to the Minister for Transport.

(2) References to the Minister for Communications, Marine and Natural Resources contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, from the commencement of this Order, be construed as references to the Minister for Transport.

...

Schedule

Article 4(1)

Part 1

Acts

...

Oil Pollution of the Sea (Civil Liability and Compensation) Acts 1988 to 2005

Sea Pollution Acts 1991 to 1999

...

C3

Prosecution of offence under Act excluded from application of Prosecution of Offences Act 1974 (22/1974), s. 3 (19.06.1996) by Dumping Act Sea Act 1996 (14/1996), s. 12(1), commenced on enactment.

Prosecution of offences under Sea Pollution Act, 1991, by Attorney General.

12.—(1) Section 3 of the Prosecution of Offences Act, 1974, shall not apply to the prosecution of an offence under the Sea Pollution Act, 1991, or to any functions in relation to that matter to which, but for this subsection, it would apply.

...

Editorial Notes:

E1

Provision for Minister to grant authorisation for survey or inspection under the Act for purpose of ensuring compliance with the Act, or rules and regulations made under the Act, as give effect to international conventions, made (2.03.1998) by European Communities (Ship Inspection and Survey Organisations) Regulations 1998 (S.I. No. 56 of 1998), reg. 4(1)(e), in effect as per reg. 1(2).