SEA POLLUTION (AMENDMENT) ACT, 1999


Number 18 of 1999


SEA POLLUTION (AMENDMENT) ACT 1999

REVISED

Updated to 17 September 2015


This Revised Act is an administrative consolidation of Sea Pollution (Amendment) Act 1999. It is prepared by the Law Reform Commission in accordance with its function under 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 Urban Regeneration and Housing Act 2015 (33/2015), enacted 28 July 2015, and all statutory instruments up to and including Investor Compensation Act 1998 (Prescription of Bodies and Persons) Regulations 2015 (S.I. No. 395 of 2015), made 17 September 2015, 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 18 of 1999


SEA POLLUTION (AMENDMENT) ACT 1999

REVISED

Updated to 17 September 2015


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 passed.

Related legislation

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

Sea Pollution Act 1991 (27/1991)

Energy (Miscellaneous Provisions) Act 1995 (35/1995), insofar as it amended Sea Pollution Act 1991

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 Schedule 2, Part 6 (Note: the 2006 Act is not amended by the 2014 Act and the reference to s. 5(6) appears to refer to s. 5(8)).

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 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)

Local Government Reform Act 2014 (1/2014)

Sea Pollution (Miscellaneous Provisions) Act 2006 (29/2006)

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

All Acts up to and including Urban Regeneration and Housing Act 2015 (33/2015), enacted 28 July 2015, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

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

Maritime Transport, Safety and Security (Transfer of Departmental Administration and Ministerial Functions) Order 2005 (S.I. No. 842 of 2005)

Sea Pollution (Amendment) Act, 1999, (Commencement) Order 1999 (S.I. No. 295 of 1999)

All statutory instruments up to and including Investor Compensation Act 1998 (Prescription of Bodies and Persons) Regulations 2015 (S.I. No. 395 of 2015), made 17 September 2015, were considered in the preparation of this revision.


Number 18 of 1999


SEA POLLUTION (AMENDMENT) ACT 1999

REVISED

Updated to 17 September 2015


ARRANGEMENT OF SECTIONS

Section

1.

Interpretation.

2.

Preparation and submission of plans to Minister.

3.

Oil pollution emergency plans.

4.

Authorised officers.

5.

Powers of harbour-masters.

6.

Giving of directions by Minister.

7.

Duty to report oil pollution incident.

8.

Minister to prepare plan for preventing and minimising oil pollution damage.

9.

Acquisition of equipment and materials by Minister.

10.

Provision of assistance by foreign maritime administration.

11.

Provision of assistance by Minister outside State.

12.

Ships anchored outside harbour.

13.

Amendment of section 3 of Principal Act.

14.

Detention of ships.

15.

Provision relating to offences under Principal Act.

16.

Penalties.

17.

Application of certain provisions of Principal Act to offences under this Act.

18.

Miscellaneous.

19.

Short title, collective citation, construction and commencement.

Acts Referred to

Continental Shelf Act, 1968

1968, No. 14

Energy (Miscellaneous Provisions) Act, 1995

1995, No. 35

Fishery Harbour Centres Act 1968

1968, No. 18

Foreshore Act, 1933

1933, No. 12

Harbours Act, 1946

1946, No. 9

Harbours Act, 1996

1996, No. 11

Local Government Act, 1941

1941, No. 23

Maritime Jurisdiction Acts, 1959 to 1988

Mercantile Marine Act, 1955

1955, No. 29

Oil Pollution of the Sea (Civil Liability and Compensation) (Amendment) Act, 1998

1998, No. 13

Sea Pollution Act, 1991

1991, No. 27

Sea Pollution Acts, 1991 and 1995

Sea Pollution Acts, 1991 and 1996


Number 18 of 1999


SEA POLLUTION (AMENDMENT) ACT 1999

REVISED

Updated to 17 September 2015


AN ACT TO GIVE EFFECT TO THE INTERNATIONAL CONVENTION ON OIL POLLUTION PREPAREDNESS, RESPONSE AND CO-OPERATION, 1990, DONE AT LONDON ON THE 30TH DAY OF NOVEMBER 1990, TO AMEND THE SEA POLLUTION ACT, 1991, AND TO PROVIDE FOR RELATED MATTERS. [30 th June, 1999]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Application of Act and collectively cited Sea Pollution Acts 1991 to 2006 affected (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), regs. 42(22), 46(3), 63(2) and sch. 2, in effect as per reg. 1(3).

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

...

Review of existing plans

46. ...

(3) For the purposes of this Regulation, a decision, including a decision to adopt or undertake, or give approval for a plan, may include those adopted, undertaken or approved pursuant to any of the enactments set out in the Second Schedule to these Regulations.

...

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

...

...

...

Sea Pollution Acts 1991 to 2006

...

C2

Functions in relation to collectively cited Sea Pollution Acts 1991 to 1999 transferred and references to “Minister for” and “Department of Communications, Marine and Natural Resources” construed (1.01.2006) by Maritime Transport, Safety and Security (Transfer of Departmental Administration and Ministerial Functions) Order 2005 (S.I. No. 842 of 2005), arts. 3, 4 and sch. part 1, in effect as per art. 1(2), subject to transitional provisions in arts. 5-9. Note that name changed to Transport, Tourism and Sport (2.04.2011) by Transport (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 141 of 2011), in effect as per art. 1(2).

3. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are transferred to the Department of Transport.

(2) References 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) of this Article shall, from the commencement of this Order, be construed as references to the Department of Transport.

4. (1) The functions vested in the Minister for Communications, Marine and Natural Resources-

(a) by or under the Acts specified in Part 1,

...

of the Schedule to this Order are transferred to the Minister for Transport.

(2) References to the Minister for Communications, Marine and Natural Resources contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, from the commencement of this Order, be construed as references to the Minister for Transport.

...

Schedule

Article 4(1)

Part 1

Acts

...

Sea Pollution Acts 1991 to 1999

...