Sea Pollution Act 1991

Facilities for disposal of oily residues and other substances.

12

12. (1) Whenever the Minister is of opinion, in relation to any harbour in the State, that—

( a) facilities for the discharge or disposal of oil, oily mixtures, noxious liquid substances, harmful substances, F13 [ sewage, garbage, substances subject to control by Annex VI to the MARPOL Convention, anti-fouling systems or ships ballast water and sediments ] are necessary, or

( b) that the facilities which exist at the harbour for such discharge or such disposal are inadequate,

he may, by regulations, require—

(i) where there is a harbour authority in charge of the harbour, the harbour authority, and

(ii) in any other case, the person under whose control the harbour is,

to make such provision as may be specified in the regulations for such discharge or such disposal.

(2) Without prejudice to the generality of subsection (1), regulations under this section may make provision for all or any of the following matters:

( a) the manner in which oil, oily mixtures, noxious liquid substances, harmful substances, F14 [ sewage, garbage, substances subject to control by Annex VI to the MARPOL Convention, anti-fouling systems and ships ballast water and sediments ] may be discharged from a ship;

( b) the disposal of any such substance so discharged;

( c) the facilities for such discharge or such disposal to be provided by a harbour authority or, as the case may be, the person having control of the harbour;

( d) the time within which such facilities are to be provided;

( e) the circumstances under which an extension of the time for the provision of such facilities may be granted;

( f) the manner in which, and the time within which, an application for such extension of time may be made.

(3) A harbour authority or person having control of a harbour providing facilities for the discharge or disposal of oil, oily mixtures, noxious liquid substances, harmful substances, F13 [ sewage, garbage, substances subject to control by Annex VI to the MARPOL Convention, anti-fouling systems or ships ballast water and sediments ] in pursuance of regulations under this section may make reasonable charges and impose reasonable conditions in respect of the use of any facilities so provided.

(4) A person who contravenes a regulation under this section shall be guilty of an offence.

Annotations:

Amendments:

F13

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

F14

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

Editorial Notes:

E66

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).

E67

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).

E68

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

E69

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).

E70

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).

E71

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).

E72

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).

E73

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).

E74

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).

E75

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).

E76

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).

E77

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).

E78

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).

E79

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).

E80

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).

E81

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).

E82

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).

E83

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.

E84

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).

E85

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).

E86

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).

E87

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.

E88

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).

E89

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).

E90

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).

E91

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).

E92

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).

E93

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).

E94

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).

E95

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).

E96

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).

E97

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).

E98

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).