Sea Pollution (Hazardous Substances) (Compensation) Act 2005


Number 9 of 2005


SEA POLLUTION (HAZARDOUS SUBSTANCES) (COMPENSATION) ACT 2005

REVISED

Updated to 1 October 2015


This Revised Act is an administrative consolidation of Sea Pollution (Hazardous Substances) (Compensation) Act 2005. 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 Workplace Relations Act 2015 (Fixed Payment Notice) Regulations 2015 (S.I. No. 419 of 2015), made 1 October 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 9 of 2005


SEA POLLUTION (HAZARDOUS SUBSTANCES) (COMPENSATION) ACT 2005

REVISED

Updated to 1 October 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

Merchant Shipping Acts 1894 to 2014 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Merchant Shipping (Registration of Ships) Act 2014 (43/2014), s. 1(2)). The Acts in this group are:

Merchant Shipping Act 1894 (57 & 58 Vict. c. 60)

Merchant Shipping (Liability of Shipowners) Act 1898 (61 & 62 Vict. c. 14)

Merchant Shipping (Merchantile Marine Fund) Act 1898 (61 & 62 Vict. c. 44)

Merchant Shipping Act 1906 (6 Edw. 7 c. 48)

Merchant Shipping (Amendment) Act 1920 (10 Geo. 5 c. 2)

Merchant Shipping Act 1921 (11 & 12 Geo. 5 c. 28)

Merchant Shipping (International Labour Conventions) Act 1933 (29/1933)

Merchant Shipping (Safety and Load Line Conventions) Act 1933 (42/1933)

Merchant Shipping (Amendment) Act 1939 (12/1939)

Merchant Shipping Act 1947 (46/1947)

Merchant Shipping (Safety Convention) Act 1952 (29/1952)

Merchant Shipping Act 1966 (20/1966)

Merchant Shipping (Load Lines) Act 1968 (17/1968)

Merchant Shipping (Certification of Seamen) Act 1979 (37/1979)

Merchant Shipping Act 1981 (33/1981)

Merchant Shipping Act 1992 (2/1992)

Merchant Shipping (Salvage and Wreck) Act 1993 (34/1993)

Merchant Shipping (Liability of Shipowners and Others) Act 1996 (35/1996)

Merchant Shipping (Commissioners of Irish Lights) Act 1997 (37/1997)

Merchant Shipping (Miscellaneous Provisions) Act 1998 (20/1998)

Merchant Shipping (Investigation of Marine Casualties) Act 2000 (14/2000)

Sea Pollution (Hazardous Substances) (Compensation) Act 2005 (9/2005), s. 28

Maritime Safety Act 2005 (11/2005), other than Parts 5 and 6

Merchant Shipping Act 2010 (14/2010), other than s. 93

Local Government Reform Act 2014 (1/2014), s. 1(15) and the amendment to the Merchant Shipping (Salvage and Wreck) Act 1993 provided for in s. 5(6) and Schedule 2, Part 6 (Note: the reference to s. 5(6) appears to refer to s. 5(8))

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

Acts preciously included in the group but now repealed are:

Merchant Shipping (Exemption from Pilotage) Act 1897 (60 & 61 Vict. c. 61)

Merchant Shipping (Liability of Shipowners & Others) Act 1900 (63 & 64 Vict. c. 32)

Merchant Shipping Act 1907 (7 Edw. 7 c. 52)

Pilotage Act 1913 (2 & 3 Geo. 5 c. 31)

Merchant Shipping (Certificates) Act 1914 (4 & 5 Geo. 5 c. 42)

Merchant Shipping (Convention) Act 1914 (4 & 5 Geo. 5 c. 50)

Merchant Shipping (Salvage) Act 1916 (6 & 7 Geo. 5 c. 41)

Merchant Shipping (Wireless Telegraphy) Act 1919 (9 & 10 Geo. 5 c. 38)

Merchant Shipping (Helm Orders) Act 1932 (32/1932)

Pilotage (Amendment) Act 1962 (2/1962)

Fisheries (Amendment) Act 1983 (27/1983), s. 8 in so far as it amends the Merchant Shipping Act 1894 and s. 10(2)

Oil Pollution of the Sea (Civil Liability and Compensation) Acts 1988 to 2005 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Sea Pollution (Hazardous Substances) (Compensation) Act 2005 (9/2005), s. 1(3)). The Acts in this group are:

Oil Pollution of the Sea (Civil Liability and Compensation) Act 1988 (11/1988)

Sea Pollution Act 1991 (27/1991), s. 37

Oil Pollution of the Sea (Civil Liability and Compensation) (Amendment) Act 1998 (13/1998)

Oil Pollution of the Sea (Civil Liability and Compensation) (Amendment) Act 2003 (33/2003)

Sea Pollution (Hazardous Substances) (Compensation) Act 2005 (9/2005), s. 29

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)

Central Bank Reform Act 2010 (23/2010)

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 (Environmental Liability) Regulations 2008 (S.I. No. 547 of 2008)

Sea Pollution (Hazardous Substances) (Compensation) Act 2005 (Commencement) Order 2007 (S.I. No. 586 of 2007)

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

All statutory instruments up to and including Workplace Relations Act 2015 (Fixed Payment Notice) Regulations 2015 (S.I. No. 419 of 2015), made 1 October 2015, were considered in the preparation of this revision.


Number 9 of 2005


SEA POLLUTION (HAZARDOUS SUBSTANCES) (COMPENSATION) ACT 2005

REVISED

Updated to 1 October 2015


ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title, collective citation, collective construction and commencement.

2.

Interpretation.

3.

Orders.

4.

Laying of orders and regulations before Houses of Oireachtas.

5.

Expenses.

6.

Penalties and offences.

7.

Proceedings.

PART 2

Convention of 1996

8.

Convention to have force of law.

9.

Order declaring state (other than State) to be State Party.

10.

Hazardous and Noxious Substances Fund.

11.

Conversion of amounts in units of account into currency of State for purposes of Convention.

12.

Act not to apply to certain ships.

13.

Construction of reference to competent public authority.

14.

Limitation of liability.

15.

Insurance of ships.

16.

Actions for compensation under Convention.

17.

Final judgment to be recognised and enforceable in State.

18.

Application for enforcement order.

19.

Payment of interest on judgment and payment of costs.

20.

Effect of order under section 18.

21.

Documents required to accompany application for order under section 18.

22.

Recognition and enforcement of judgment of court or tribunal of Member State of European Community.

23.

Inspectors.

24.

Detention of ships.

25.

Recovery of fines etc. for certain offences.

26.

Returns of hazardous and noxious substances received in the State.

27.

Contributions to Fund.

PART 3

Miscellaneous

28.

Construction of certain references in Merchant Shipping (Liability of Shipowners and Others) Act 1996.

29.

Amendment of section 8 of Oil Pollution of the Sea (Civil Liability and Compensation) Act 1988.

SCHEDULE 1

International Convention on Liability and Compensation for Damage in connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996

SCHEDULE 2

Protocol of 1996 to amend the Convention on Limitation of Liability for Maritime Claims, 1976

Acts Referred to

Companies Act 1963

1963, No. 33

Criminal Procedure Act 1967

1967, No. 12

Fishery Harbour Centres Act 1968

1968, No. 18

Harbours Act 1946

1946, No. 9

Harbours Act 1996

1996, No. 11

Maritime Jurisdiction Acts 1959 to 1988

Mercantile Marine Act 1955

1955, No. 29

Merchant Shipping (Liability of Shipowners and Others) Act 1996

1996, No. 35

Merchant Shipping Acts 1894 to 2000

Oil Pollution of the Sea (Civil Liability and Compensation)

1998, No. 13

(Amendment) Act 1998

Oil Pollution of the Sea (Civil Liability and Compensation) Act 1988

1988, No. 11

Oil Pollution of the Sea (Civil Liability and Compensation) Acts 1988 to 2003

Petty Sessions (Ireland) Act 1851

14 & 15 Vict., c. 93

Public Offices Fees Act 1879

42 & 43 Vict., c. 58


Number 9 of 2005


SEA POLLUTION (HAZARDOUS SUBSTANCES) (COMPENSATION) ACT 2005

REVISED

Updated to 1 October 2015


AN ACT TO GIVE EFFECT TO THE INTERNATIONAL CONVENTION ON LIABILITY AND COMPENSATION FOR DAMAGE IN CONNECTION WITH THE CARRIAGE OF HAZARDOUS AND NOXIOUS SUBSTANCES BY SEA, 1996, DONE AT LONDON ON THE 3RD DAY OF MAY, 1996; TO GIVE EFFECT TO THE PROTOCOL OF 1996 TO AMEND THE CONVENTION ON LIMITATION OF LIABILITY FOR MARITIME CLAIMS, 1976, DONE AT LONDON ON THE 2nd DAY OF MAY, 1996, AND FOR THAT PURPOSE TO AMEND THE MERCHANT SHIPPING (LIABILITY OF SHIPOWNERS AND OTHERS) ACT 1996; TO AMEND THE OIL POLLUTION OF THE SEA (CIVIL LIABILITY AND COMPENSATION) ACT 1988; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH.

[30 th May, 2005]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Functions 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, 8 and 9, in effect as per art. 1(2), subject to transitional provisions in arts. 5, 6 and 7. (Note: name of Minister and Department changed (2.04.2011) to Transport, Tourism and Sport by Transport (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 141 of 2011)).

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,

...

(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.

...

8. References to the Minister for Communications, Marine and Natural Resources contained in the memorandum and articles of association of any company and relating to any function transferred by this Order shall, on and after the commencement of this Order, be construed as references to the Minister for Transport.

9. (1) All property, rights and liabilities held, enjoyed or incurred before the commencement of this Order by the Minister for Communications, Marine and Natural Resources, in connection with the functions transferred by this Order are transferred to the Minister for Transport and, accordingly, without any further conveyance, transfer or assignment, from such commencement -

(a) that property, real and personal shall vest in the Minister for Transport,

(b) those rights shall be enjoyed by the Minister for Transport, and

(c) those liabilities shall be the liabilities of the Minister for Transport.

(2) All moneys, stocks, shares and securities transferred to the Minister for Transport by this Article which, on such commencement, are standing in the name of the Minister for Communications, Marine and Natural Resources shall on the request of the Minister for Transport be transferred into the name of the Minister for Transport.

Schedule

Article 4(1)

Part 1

Acts

...

Merchant Shipping Acts 1894 to 2005

Oil Pollution of the Sea (Civil Liability and Compensation) Acts 1988 to 2005

...

Sea Pollution (Hazardous Substances) (Compensation) Act 2005 (No. 9 of 2005)

...

Editorial Notes:

E1

Where liability or compensation provided for by Act, alternative remedy in respect of environmental damage or an imminent threat of such damage excluded (1.04.2009) by European Communities (Environmental Liability) Regulations 2008 (S.I. No. 547 of 2008), reg. 4(2) and sch. 4 para. 3, in effect as per reg. 1(2).