Sea Pollution Act 1991

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

13

F15 [ 13. (1) Whenever there is an incident, whether on board or outside a ship

( a ) resulting in a discharge, in the State or a prescribed area, of hazardous and noxious substances or a pollutant or, in the event that a regulation has been made under section 10, a quantity of a pollutant in excess of that permitted under such a regulation, from a ship, or

( b ) giving rise to circumstances from which it is reasonable to infer that there is likely to be such a discharge, in the State or a prescribed area, from a ship,

the master of the ship concerned or of any other ship involved in such incident or from which such incident is observed shall forthwith report the matter to the Minister or, where the incident or discharge occurs in or is observed from a harbour, to the harbour-master, or person for the time being performing the functions of harbour-master, in relation to such harbour.

(2) Where the presence of oil or hazardous and noxious substances in the sea is observed from a ship in the State or a prescribed area the master of such ship shall forthwith report the matter to the Minister, or where such presence is observed from a ship in a harbour, to the harbour-master or person for the time being performing the functions of harbour-master in relation to such harbour.

(3) A harbour-master or person performing, for the time being, the functions of harbour-master in relation to a harbour shall

( a ) on receipt of a report under subsection (1) or (2),

( b ) on being informed of an incident resulting in a discharge, in the harbour concerned, of hazardous and noxious substances or a pollutant or, in the event that a regulation has been made under section 10, a quantity of a pollutant in excess of that permitted under such a regulation, or the existence of circumstances from which it is reasonable to infer that there is likely to be a discharge of hazardous and noxious substances or a pollutant or quantity of a pollutant in excess of that permitted under section 10 in the harbour, or

( c ) on observing an incident referred to in paragraph ( b ), or hazardous and noxious substances or a pollutant or, in the event that a regulation has been made under section 10, a quantity of a pollutant in excess of that permitted under such a regulation in the sea, within the harbour,

report the matter to the Minister.

(4) A report under this section shall be made forthwith, using the quickest means of communication available, and shall comply with such requirements (if any) as the Minister may prescribe.

(5) A person who contravenes this section or a requirement prescribed under subsection (4) shall be guilty of an offence.

(6) In this section pollutant means oil, an oily mixture, noxious liquid substance, harmful substance, sewage or garbage, other than hazardous and noxious substances. ]

Annotations:

Amendments:

F15

Substituted (14.06.2007) by Sea Pollution (Miscellaneous Provisions) Act 2006 (29/2006), s. 25, S.I. No. 605 of 2006.

Editorial Notes:

E99

Previous affecting provision: subs. (6) amended (8.12.2006) by Sea Pollution (Miscellaneous Provisions) Act 2006 (29/2006), s. 37(a), S.I. No. 605 of 2006; section substituted as per F-note above.

E100

Previous affecting provision: section substituted (1.09.1999) by Sea Pollution (Amendment) Act 1999 (18/1999), s. 7(a), S.I. No. 295 of 1999; substituted as per F-note above.