Sea Pollution (Hazardous Substances) (Compensation) Act 2005

Insurance of ships.

15

15.—(1) The owner of an Irish ship or a ship registered in a state, other than the State or another State Party, may apply to the Minister for a compulsory insurance certificate.

(2) The Minister shall, on being satisfied that there is in force, in respect of a ship to which an application under subsection (1) applies, a contract of insurance or other financial security that complies with Article 12 of the Convention, issue a compulsory insurance certificate to the owner thereof.

(3) The owner and master of an Irish ship that—

( a) is carrying hazardous and noxious substances, and

( b) does not have on board a compulsory insurance certificate issued by the Minister under subsection (1),

shall each be guilty of an offence.

(4) The owner and master of a ship that—

( a) is carrying hazardous and noxious substances,

( b) is registered in a State Party other than the State, and

( c) does not have on board a compulsory insurance certificate that complies with, and is issued or certified in accordance with, the said Article 12,

shall, while the ship concerned is in the State, each be guilty of an offence.

(5) The owner and master of a ship that—

( a) is carrying hazardous and noxious substances,

( b) is not registered in the State or another State Party, and

( c) does not have on board—

(i) a compulsory insurance certificate issued by the Minister under subsection (1), or

(ii) a compulsory insurance certificate that otherwise complies with, and is issued or certified in accordance with, the said Article 12,

shall, while the ship concerned is in the State, each be guilty of an offence.

(6) An application under subsection (1) shall be accompanied by such fee, not exceeding the expense incurred by the Minister in considering such application and issuing a compulsory insurance certificate, as may be prescribed by the Minister.

(7) The Public Offices Fees Act 1879 shall not apply to fees under this section.

(8) In this section—

“compulsory insurance certificate” shall be construed in accordance with Article 12 of the Convention;

“Irish ship” shall be construed in accordance with section 9 of the Mercantile Marine Act 1955 .

Annotations:

Amendments:

F3

Substituted by Merchant Shipping (Registration of Ships) Act 2014 (43/2014), s. 68 and sch. 4, not commenced as of date of revision.

Modifications (not altering text):

C2

Prospective affecting provision: definition of “Irish ship” substituted by Merchant Shipping (Registration of Ships) Act 2014 (43/2014), s. 68 and sch. 4, not commenced as of date of revision.

F3 [ Irish ship shall be construed in accordance with section 33 of the Merchant Shipping (Registration of Ships) Act 2014. ]