Sea Pollution Act 1991

Prohibition on discharge of oil and other substances.

10

10. (1) To give full effect to the purposes of this Act, the Minister may make regulations—

( a) prohibiting or regulating the discharge anywhere at sea from a ship registered in the State or the discharge in the State from any ship of any oil, oily mixture, noxious liquid substance, harmful substance, F10 [ sewage, garbage, substances subject to control by Annex VI to the MARPOL Convention, anti-fouling systems or ships ballast water and sediments ];

( b) governing prescribed operations on board ship relating to any such substance carried on the ship.

(2) The owner and the master of a ship in respect of which there is a contravention of regulations under this section shall be guilty of an offence.

F11 [ (2A) Without prejudice to subsection (2), any person (other than the persons specified in that subsection) responsible for a contravention of regulations under this section shall be guilty of an offence.

(2B) Subsection (2A) shall apply only in respect of a discharge of a polluting substance specified in Annex 1 or Annex II to the MARPOL Convention. ]

(3) Regulations under this section may relate to ships generally or to any class of ship, to substances generally or any description of substance, and be made subject to such conditions and such exemptions as may be prescribed.

(4) The Minister may by regulations provide that any prescribed substance shall, for the purposes of this Act, be a harmful substance, a noxious liquid substance, an oil or oily mixture, F10 [ sewage, garbage, substances subject to control by Annex VI to the MARPOL Convention, anti-fouling systems or ships ballast water and sediments ].

(5) The Minister may by regulations require the notification at such time and in such manner as may be prescribed, by the master or owner of a ship carrying any prescribed substance of any intent to load or unload any such substance in the State.

Annotations:

Amendments:

F10

Substituted (8.12.2006) by Sea Pollution (Miscellaneous Provisions) Act 2006 (29/2006), s. 37(a), S.I. No. 605 of 2006.

F11

Inserted (15.11.2010) by European Communities (Ship-Source Pollution) Regulations 2010 (S.I. No. 542 of 2010), reg. 1(a).

Editorial Notes:

E7

Power pursuant to section exercised (1.09.2017) by Sea Pollution (Control of Pollution by Noxious Liquid Substances in Bulk) (Amendment) Regulations 2017 (S.I. No. 393 of 2017).

E8

Power pursuant to section exercised (10.02.2017) by Sea Pollution (Prevention of Air Pollution from Ships) (Amendment) Regulations 2017 (S.I. No. 48 of 2017).

E9

Power pursuant to section exercised (1.01.2017) by Sea Pollution (Prevention of Oil Pollution) (Amendment) (No. 2) Regulations 2016 (S.I. No. 578 of 2016), in effect as per reg. 1(2).

E10

Power pursuant to section exercised (1.12.2016) by Sea Pollution (Prevention of Oil Pollution) (Amendment) (No. 3) Regulations 2016 (S.I. No. 582 of 2016).

E11

Power pursuant to section exercised (30.08.2016) by Sea Pollution (Prevention of Oil Pollution) (Amendment) Regulations 2016 (S.I. No. 461 of 2016).

E12

Power pursuant to section exercised (26.08.2016) by Sea Pollution (Harmful Substances in Packaged Form) (Amendment) Regulations 2016 (S.I. No. 459 of 2016).

E13

Power pursuant to section exercised (1.10.2014) by Sea Pollution (Prevention of Oil Pollution) (Amendment) Regulations 2014 (S.I. No. 275 of 2014), in effect as per reg. 1(2).

E14

Power pursuant to section exercised (1.01.2014) by Sea Pollution (Harmful Substances in Packaged Form) Regulations 2013 (S.I. No. 510 of 2013), in effect as per reg. 1(2).

E15

Power pursuant to section exercised (9.02.2013) by Sea Pollution (Prevention of Air Pollution from Ships) (Amendment) Regulations 2013 (S.I. No. 35 of 2013), in effect as per reg. 1(2).

E16

Power pursuant to section exercised (1.01.2013) by Sea Pollution (Prevention of Pollution by Sewage from Ships) (Amendment) Regulations 2012 (S.I. No. 492 of 2012), in effect as per reg. 1(2).

E17

Power pursuant to section exercised (1.01.2013) by Sea Pollution (Prevention of Pollution by Garbage from Ships) Regulations 2012 (S.I. No. 372 of 2012), in effect as per reg. 1(2).

E18

Power pursuant to section exercised (1.02.2012) by Sea Pollution (Prevention of Air Pollution from Ships) (Amendment) (No. 2) Regulations 2011 (S.I. No. 596 of 2011), in effect as per reg. 1(2).

E19

Power pursuant to section exercised (1.08.2011) by Sea Pollution (Prevention of Air Pollution from Ships) (Amendment) Regulations 2011 (S.I. No. 383 of 2011), in effect as per reg. 1(2).

E20

Power pursuant to section exercised (1.08.2011) by Sea Pollution (Prevention of Oil Pollution) (Amendment) Regulations 2011 (S.I. No. 365 of 2011), in effect as per reg. 1(2).

E21

Power pursuant to section exercised (1.01.2011) by Sea Pollution (Prevention of Oil Pollution) (Amendment) Regulations 2010 (S.I. No. 664 of 2010), in effect as per reg. 1(2).

E22

Power pursuant to section exercised (1.07.2010) by Sea Pollution (Prevention of Air Pollution from Ships) Regulations 2010 (S.I. No. 313 of 2010), in effect as per reg. 1(2).

E23

Power pursuant to section exercised (1.12.2008) by Sea Pollution (Prevention of Pollution By Sewage from Ships) (Amendment) Regulations 2008 (S.I. No. 281 of 2008), in effect as per reg. 1(2).

E24

Power pursuant to section exercised (27.09.2008) by Sea Pollution (Prevention of Pollution By Sewage from Ships) (Amendment) (No. 2) Regulations 2008 (S.I. No. 372 of 2008), in effect as per reg. 1(2).

E25

Power pursuant to section exercised (18.07.2008) by Sea Pollution (Prevention of Oil Pollution) (Amendment) Regulations 2008 (S.I. No. 282 of 2008), in effect as per reg. 1(2).

E26

Power pursuant to section exercised (5.06.2008) by Sea Pollution (Control of Pollution By Noxious Liquid Substances in Bulk) Regulations 2008 (S.I. No. 217 of 2008), in effect as per reg. 1(2).

E27

Power pursuant to section exercised (29.03.2008) by Sea Pollution (Control of Anti-Fouling Systems on Ships) Regulations 2008 (S.I. No. 82 of 2008), in effect as per reg. 1 and sch. 1.

E28

Power pursuant to section exercised (30.11.2007) by Sea Pollution (Prevention of Oil Pollution) Regulations 2007 (S.I. No. 788 of 2007), in effect as per reg. 1(2).

E29

Power pursuant to section exercised (24.05.2006) by Sea Pollution (Prevention of Pollution by Sewage from Ships) Regulations 2006 (S.I. No. 269 of 2006).

E30

Power pursuant to section exercised (1.01.2003) by Sea Pollution (Control of Pollution by Noxious Liquid Substances in Bulk) (Amendment) Regulations 2002 (S.I. No. 641 of 2002), in effect as per reg. 1(2).

E31

Power pursuant to section exercised (30.01.1998) by Sea Pollution (Control of Pollution By Noxious Liquid Substances in Bulk) (Amendment) Regulations 1997 (S.I. No. 515 of 1997), in effect as per reg. 1.

E32

Previous affecting provision: power pursuant to section exercised (1.01.2010) by Sea Pollution (Harmful Substances In Packaged Form) Regulations 2009 (S.I. No. 491 of 2009), in effect as per reg. 1(2); revoked (1.01.2014) by Sea Pollution (Harmful Substances in Packaged Form) Regulations 2013 (S.I. No. 510 of 2013), reg. 10(b), in effect as per reg. 1(2).

E33

Previous affecting provision: power pursuant to section exercised (25.10.2007) by Sea Pollution (Prevention of Air Pollution from Ships) Regulations 2007 (S.I. No. 728 of 2007); revoked (1.07.2010) by Sea Pollution (Prevention of Air Pollution from Ships) Regulations 2010 (S.I. No. 313 of 2010), reg. 18, in effect as per reg. 1(2).

E34

Previous affecting provision: power pursuant to section exercised (2.05.2006) by Sea Pollution (Prevention of Pollution by Garbage from Ships) (Amendment) Regulations 2006 (S.I. No. 239 of 2006); revoked (1.01.2013) by Sea Pollution (Prevention of Pollution by Garbage from Ships) Regulations 2012 (S.I. No. 372 of 2012), reg. 11(c), in effect as per reg. 1(2).

E35

Previous affecting provision: power pursuant to section exercised (30.04.2003) by Sea Pollution (Prevention of Oil Pollution) (Amendment) Regulations 2003 (S.I. No. 191 of 2003); revoked (30.11.2007) by Sea Pollution (Prevention of Oil Pollution) Regulations 2007 (S.I. No. 788 of 2007), reg. 40(d), in effect as per reg. 1(2).

E36

Previous affecting provision: power pursuant to section exercised (1.01.2003) by Sea Pollution (Prevention of Oil Pollution) (Amendment) Regulations 2002 (S.I. No. 642 of 2002), in effect as per reg. 1(2); revoked (30.11.2007) by Sea Pollution (Prevention of Oil Pollution) Regulations 2007 (S.I. No. 788 of 2007), reg. 40(c), in effect as per reg. 1(2).

E37

Previous affecting provision: power pursuant to section exercised (30.01.1998) by Sea Pollution (Prevention of Pollution By Garbage From Ships) (Amendment) Regulations 1997 (S.I. No. 516 of 1997), in effect as per reg. 1; revoked (1.01.2013) by Sea Pollution (Prevention of Pollution by Garbage from Ships) Regulations 2012 (S.I. No. 372 of 2012), reg. 11(b), in effect as per reg. 1(2).

E38

Previous affecting provision: power pursuant to section exercised (30.01.1998) by Sea Pollution (Prevention of Oil Pollution) (Amendment) Regulations 1997 (S.I. No. 514 of 1997), in effect as per reg. 1; revoked (30.11.2007) by Sea Pollution (Prevention of Oil Pollution) Regulations 2007 (S.I. No. 788 of 2007), reg. 40(b), in effect as per reg. 1(2).

E39

Previous affecting provision: power pursuant to section exercised (30.01.1998) by Sea Pollution (Harmful Substances in Packaged Form) Regulations 1997 (S.I. No. 513 of 1997), in effect as per reg. 1(1); revoked (1.01.2010) by Sea Pollution (Harmful Substances In Packaged Form) Regulations 2009 (S.I. No. 491 of 2009), reg. 11, in effect as per reg. 1(2). Also revoked (1.01.2014) by Sea Pollution (Harmful Substances in Packaged Form) Regulations 2013 (S.I. No. 510 of 2013), reg. 10(a), in effect as per reg. 1(2).

E40

Previous affecting provision: power pursuant to section exercised (1.06.1994) by Sea Pollution (Control of Pollution by Noxious Liquid Substances in Bulk) Regulations 1994 (S.I. No. 46 of 1994), in effect as per reg. 1; revoked (5.06.2008) by Sea Pollution (Control of Pollution By Noxious Liquid Substances in Bulk) Regulations 2008 (S.I. No. 217 of 2008), reg. 29, in effect as per reg. 1(2).

E41

Previous affecting provision: power pursuant to section exercised (1.06.1994) by Sea Pollution (Prevention of Pollution by Garbage From Ships) Regulations 1994 (S.I. No. 45 of 1994), in effect as per reg. 1; revoked (1.01.2013) by Sea Pollution (Prevention of Pollution by Garbage from Ships) Regulations 2012 (S.I. No. 372 of 2012), reg. 11(a), in effect as per reg. 1(2).

E42

Previous affecting provision: power pursuant to section exercised (1.06.1994) by Sea Pollution (Prevention of Oil Pollution) Regulations, 1994 (S.I. No. 44 of 1994), in effect as per reg. 1; revoked (30.11.2007) by Sea Pollution (Prevention of Oil Pollution) Regulations 2007 (S.I. No. 788 of 2007), reg. 40(a), in effect as per reg. 1(2).