DUMPING AT SEA ACT 1996


Number 14 of 1996


DUMPING AT SEA ACT 1996

REVISED

Updated to 22 July 2016


This Revised Act is an administrative consolidation of the Dumping at Sea Act 1996. 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 Energy Act 2016 (12/2016), enacted 30 July 2016, and all statutory instruments up to and including Climate Action and Environment (Transfer of Departmental Administration and Ministerial Functions) Order 2016 (S.I. No. 393 of 2016), made 19 July 2016, 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 14 of 1996


DUMPING AT SEA ACT 1996

REVISED

Updated to 22 July 2016


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 first passed.

Related legislation

Dumping at Sea Acts 1996 to 2009 : this Act is one of a group of Acts included in this collective citation to be construed together as one ( Foreshore and Dumping at Sea (Amendment) Act 2009, s. 1(3)). The Acts in the group are:

Dumping at Sea Act (14/1996)

Dumping at Sea (Amendment) Act 2004 (35/2004)

Sea Fisheries and Maritime Jurisdiction Act 2006 (8/2006), s. 103

Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009), part 3, s. 1 (other than subss. (2), (4)) and sch. 2

Sea Pollution Acts 1991 to 2014 : this Act, s. 12 is one of a group of Acts included in this collective citation to be construed together as one ( Local Government Reform Act 2014, s. 1(20)). The Acts in the group are:

Sea Pollution Act 1991 (27/1991)

Energy (Miscellaneous Provisions) Act 1995 (35/1995) insofar as it amends Sea Pollution Act 1991 (now repealed)

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 Part 6 of Schedule 2

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 1999, 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

Merchant Shipping (Registration of Ships) Act 2014 (43/2014)

Radiological Protection (Miscellaneous Provisions) Act 2014 (20/2014)

Environment (Miscellaneous Provisions) Act 2011 (20/2011)

Inland Fisheries Act 2010 (10/2010)

Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009)

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

Dumping at Sea (Amendment) Act 2004 (35/2004)

All Acts up to and including Energy Act 2016 (12/2016), enacted 30 July 2016, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Climate Action and Environment (Transfer of Departmental Administration and Ministerial Functions) Order 2016 (S.I. No. 393 of 2016)

Dumping at Sea (Fees) Regulations 2012 (S.I. No. 270 of 2012)

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

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

European Communities (Public Participation) Regulations 2010 (S.I. No. 352 of 2010)

European Communities Environmental Objectives (Surface Waters) Regulatiosns 2009 (S.I. No. 272 of 2009)

Sea Fisheries, Foreshore and Dumping at Sea (Transfer of Departmental Administration and Ministerial Functions) (Order) 2007 (S.I. No. 707 of 2007)

European Communities (Natural Habitats) Regulations 1997 (S.I. No. 94 of 1997)

All statutory instruments up to and including Climate Action and Environment (Transfer of Departmental Administration and Ministerial Functions) Order 2016 (S.I. No. 393 of 2016), made 19 July 2016, were considered in the preparation of this revision.


Number 14 of 1996


DUMPING AT SEA ACT 1996

REVISED

Updated to 22 July 2016


ARRANGEMENT OF SECTIONS

Section

1.

Interpretation.

2.

Restrictions on dumping at sea of vessels, aircraft, substances and material.

3.

Prohibition of incineration of substances or material in maritime area.

4.

Prohibition of disposal of offshore installations and certain substances or material.

5.

Permits in relation to dumping.

5A.

Notice of application for permit under section 5.

6.

Powers of authorised officers.

7.

Provisions in relation to offences.

8.

Indictment of bodies corporate.

9.

Collection and application of fines.

10.

Penalties.

11.

Prosecution of offences by Attorney General.

12.

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

13.

Fees.

14.

Expenses.

15.

Repeal of Act of 1981.

16.

Short title, collective citation and collective construction.


FIRST SCHEDULE

Criteria as to the Grant of Permits for Dumping

SECOND SCHEDULE

Part 1

The Exceptions to the Prohibition on Dumping as Contained in Annex IITO the Convention for the Protection of the Marine Environment of the North-East Atlantic Done at Paris on the 22 nd day of September, 1992

Part 2

The Exceptions to the Prohibition on Dumping Permitted in Accordance withannex III to the Convention for the Protection of the Marine Environment of the North-East Atlantic done at Paris on the 22nd day of September, 1992


Number 14 of 1996


DUMPING AT SEA ACT 1996

REVISED

Updated to 22 July 2016


AN ACT TO MAKE FURTHER PROVISION TO CONTROL DUMPING AT SEA, TO GIVE EFFECT TO THE CONVENTION FOR THE PROTECTION OF THE MARINE ENVIRONMENT OF THE NORTH-EAST ATLANTIC DONE AT PARIS ON THE 22ND DAY OF SEPTEMBER, 1992, AND FOR THOSE PURPOSES TO REPEAL AND RE-ENACT WITH AMENDMENTS THE DUMPING AT SEA ACT, 1981, AND TO PROVIDE FOR RELATED MATTERS. [19 th June, 1996]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Application of collectively cited Dumping at Sea Acts 1996 to 2009 restricted (21.09.2009) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), reg. 42(22) and sch. 2, and reg. (63(2).

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.

...

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

...

...

...

...

...

Dumping at Sea Acts 1996 to 2009

...

C2

Certain functions under collectively cited Dumping at Sea Acts 1996 to 2006 transferred (15.02.2010) by Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009), s. 29, commenced as per s. 1(5).

Transfer and vesting of dumping at sea functions

29. (1) Such of the functions, immediately before the commencement date, of the Minister for Agriculture, Fisheries and Food under the Dumping at Sea Acts 1996 to 2006 to which this Part relates are, on that date, transferred to the Agency in accordance with and to the extent provided for by this Part and Schedule 2 and those provisions have effect for the purpose of vesting in the Agency the functions so transferred.

(2) The administration and business in connection with the performance of any functions transferred to the Agency from the Minister for Agriculture, Fisheries and Food by subsection (1) are, on the commencement date, transferred to the Agency.

C3

Functions transferred and references to “Department of Communications, Marine and Natural Resources” and “Minister for Communications, Marine and Natural Resources” construed (19.10.2007) by Sea Fisheries, Foreshore and Dumping at Sea (Transfer of Departmental Administration and Ministerial Functions) Order 2007 (S.I. No. 707 of 2007), arts. 2, 3 and sch., part 1, in effect as per art. 1.

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Agriculture and Food.

(2) A reference 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) shall be construed as a reference to the Department of Agriculture and Food.

3. (1) A function vested in the Minister for Communications, Marine and Natural Resources by or under—

(a) an enactment cited in Part 1 of the Schedule to this Order, and ...

is transferred to the Minister for Agriculture and Food.

(2) A reference to the Minister for Communications, Marine and Natural Resources contained in an enactment or instrument made under an enactment and relating to a function transferred by this Article shall be construed as a reference to the Minister for Agriculture and Food.

...

SCHEDULE

PART 1

...

Dumping at Sea Acts 1996 to 2006

Editorial Notes:

E1

Provision for costs of certain proceedings under Act to be borne by each party in certain circumstances made (7.07.2011) by Foreshore (Amendment) Act 2011 (20/2011), Part 2 (ss. 3-8), commenced on enactment. The 2011 Act, s. 8 provides for judicial notice to be taken of the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters done at Aarhus, Denmark on 25 June 1998.

E2

Requirements for authorisations granted under collectively cited Dumping at Sea Acts 1996 to 2004 prescribed and requirement for review of existing authorisations under Act imposed (30.07.2009) by European Communities Environmental Objectives (Surface Waters) Regulations 2009 (S.I. No. 272 of 2009), regs. 7, 9 and 11, commenced as per reg. 1(2).

E3

Previous affecting provision: obligation to consult Minister for Arts, Culture and the Gaeltacht before exercising any function to which regulation related under Act imposed (26.02.1997) by European Communities (Natural Habitats) Regulations 1997 (S.I. No. 94 of 1997), reg. 31(7) and sch. 2, pt. 1, commenced on enactment; revoked (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), reg. 73(1).