Sea Pollution Act 1991

Surveys and inspections of ships.

17

17. (1) The Minister, in order to establish that any ship or class of ship complies with the requirements of regulations under section 14 , may by regulations require that any ship, or ship of such class as may be specified in the regulations, its equipment and fittings be surveyed, inspected or tested in such manner and at such times as may be prescribed.

(2) All duties in respect of a survey, inspection or test for the purposes of regulations under this section shall be performed in accordance with the directions of the Minister by—

( a) a surveyor of ships, or

( b) an inspector appointed under section 20 for the purposes of this section.

(3) The owner or master of a ship shall submit the ship to such survey, inspection or test as may be prescribed and shall pay such fee as may be prescribed by order under subsection (5).

(4) If the surveyor of ships or other person appointed for the purposes of this section is satisfied that the ship, its equipment or fittings to which the survey relates complies with the requirements of this Act the Minister shall, on payment of the prescribed fee, cause to be issued a certificate of compliance with such requirements in such form and manner and subject to such conditions as he may prescribe.

(5) The Minister, with the consent of the Minister for Finance, may by order prescribe the fees to be paid for surveys, inspections and tests carried out and certificates issued under this section.

(6) When a ship has been surveyed, inspected or tested pursuant to regulations made under this section and a certificate has been issued under subsection (4) in relation to such ship, no change, other than the replacement of any defective equipment or fittings, shall be made, without prior consent given by or on behalf of the Minister, in the structure, equipment and fittings of the ship.

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

Annotations:

Modifications (not altering text):

C5

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 27 of 1991

Sea Pollution Act 1991

Sections 6(1), 17(5) and 33(1)

...

...

...

Editorial Notes:

E171

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).

E172

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).

E173

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).

E174

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).

E175

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

E176

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).

E177

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).

E178

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

E179

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).

E180

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).

E181

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).

E182

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).

E183

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).

E184

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).

E185

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).

E186

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).

E187

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).

E188

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).

E189

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).

E190

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).

E191

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).

E192

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).

E193

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.

E194

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).

E195

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).

E196

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).

E197

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.

E198

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).

E199

Power pursuant to section exercised (1.07.1994) by Sea Pollution Act, 1991 (Survey Fees) Order 1994 (S.I. No. 195 of 1994), in effect as per art. 1.

E200

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).

E201

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).

E202

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).

E203

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).

E204

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).

E205

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).

E206

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).

E207

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).

E208

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).

E209

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).

E210

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).