Sea Pollution (Miscellaneous Provisions) Act 2006


Number 29 of 2006


SEA POLLUTION (MISCELLANEOUS PROVISIONS) ACT 2006

REVISED

Updated to 13 April 2017


This Revised Act is an administrative consolidation of the Sea Pollution (Miscellaneous Provisions) Act 2006. 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 Knowledge Development Box (Certification of Inventions) Act 2017 (6/2017), enacted 12 April 2017, and all statutory instruments up to and including Social Housing Assessments (Summary) Regulations 2013 (Revocation) Regulations 2017 (S.I. No. 161 of 2017), made 13 April 2017, were considered in the preparation of this revision.

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 29 of 2006


SEA POLLUTION (MISCELLANEOUS PROVISIONS) ACT 2006

REVISED

Updated to 13 April 2017


Introduction

This revision 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

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 amends the Sea Pollution Act 1991 (27/1991)

Dumping At Sea Act 1996 (14/1996), s. 12

Sea Pollution (Amendment) Act 1999 (18/1999)

Sea Pollution (Miscellaneous Provisions) Act 2006 (29/2006), Part 3 and s. 1(3)

Local Government Reform Act 2014 (1/2014), s. 1(20) and the amendments to the Sea Pollution (Amendment) Act 1999 (18/1999) and the Sea Pollution (Miscellaneous Provisions) Act 2006 (29/2006) provided for in s. 5(8) and sch. 2 part 6.

Harbours Acts 1996 to 2015: this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Harbours Act 2015 (61/2015), s. 1(2)). The Acts in this group are:

Harbours Act 1996 (11/1996)

Harbours (Amendment) Act 2000 (21/2000)

Maritime Safety Act 2005 (11/2005), s. 58

Sea Pollution (Miscellaneous Provisions) Act 2006 (29/2006), Part 4 and s. 1(4)

Harbours (Amendment) Act 2009 (26/2009), other than subss. 7(1) and 7(2), s. 20 and subs. 21(3)

Vehicle Clamping Act 2015 (13/2015), s. 36

Harbours Act 2015 (61/2015), other than Part 6

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions. A version without annotations, showing only textual amendments, is also available.

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 1996, 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)

Central Bank Reform Act 2010 (23/2010)

Harbours (Amendment) Act 2009 (26/2009)

All Acts up to and including Knowledge Development Box (Certification of Inventions) Act 2017 (6/2017), enacted 12 April 2017, 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)

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

Sea Pollution (Miscellaneous Provisions) Act 2006 (Part 2) (Commencement) Order 2008 (S.I. No. 120 of 2008)

Sea Pollution (Miscellaneous Provisions) Act 2006 (Commencement) Order 2006 (S.I. No. 605 of 2006)

All statutory instruments up to and including Social Housing Assessments (Summary) Regulations 2013 (Revocation) Regulations 2017 (S.I. No. 161 of 2017), made 13 April 2014, were considered in the preparation of this revision.


Number 29 of 2006


SEA POLLUTION (MISCELLANEOUS PROVISIONS) ACT 2006

REVISED

Updated to 13 April 2017


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title and commencement.

2. Expenses.

PART 2

Bunker Oil Pollution (Civil Liability and Compensation)

3. Interpretation ( Part 2 ).

4. Orders.

5. Regulations.

6. Laying of orders and regulations before Houses of Oireachtas.

7. Convention to have force of law.

8. Limitation regime.

9. Insurance.

10. Recognition and enforcement of final judgment in the State.

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

12. Payment of interest on judgment and payment of costs.

13. Documents required to accompany application for enforcement order under section 10 .

14. Inspectors.

15. Detention of ships.

16. Recovery of fines etc., for certain offences.

17. Penalties and offences.

18. Proceedings.

PART 3

Sea Pollution

19. Definitions.

20. Amendment of section 2 (preparation and submission of plans to Minister) of Act of 1999.

21. Pollution emergency plans.

22. Amendment of section 4 (authorised officers) of Act of 1999.

23. Amendment of section 25 (powers of harbour-masters) of Act of 1991.

24. Amendment of section 6 (giving of directions by Minister) of Act of 1999.

25. Report of discharge in State or into harbour or prescribed area.

26. Duty on Irish ships to report pollution incident.

27. Duty on offshore units and handling facilities to report pollution incidents.

28. Amendment of section 8 (Minister to prepare plan for preventing and minimising oil pollution damage) of Act of 1999.

29. Amendment of section 9 (acquisition of equipment and materials by Minister) of Act of 1999.

30. Amendment of section 10 (provision of assistance by foreign maritime administration) of Act of 1999.

31. Amendment of section 11 (provision of assistance by Minister outside State) of Act of 1999.

32. Amendment of section 12 (ships anchored outside harbour) of Act of 1999.

33. Amendment of section 26 (powers of Minister to prevent, mitigate or eliminate pollution) of Act of 1991.

34. Amendment of section 3 (interpretation) of Act of 1991.

35. Amendment of section 1 (interpretation) of Act of 1999.

36. Acts of European Communities.

37. Miscellaneous amendment of Act of 1991.

PART 4

Amendment of Harbours Act 1996

38. Amendment of Harbours Act 1996.

SCHEDULE

International Convention on Civil Liability for Bunker Oil Pollution Damage 2001


Acts Referred to

Companies Act 1963

1963, No. 33

Criminal Procedure Act 1967

1967, No. 12

Dangerous Substances Act 1972

1972, No. 10

Fishery Harbour Centres Act 1968

1968, No. 18

Harbours Act 1946

1946, No, 9

Harbours Act 1996

1996, No. 11

Harbours Acts 1946 to 1976

Harbours Acts 1996 to 2005

Local Government Act 2001

2001, No. 37

Maritime Jurisdiction Acts 1959 to 1988

Mercantile Marine Act 1955

1955, No. 29

Merchant Shipping (Salvage and Wreck) Act 1993

1993, No. 34

Petty Sessions (Ireland) Act 1851

14 & 15 Vic., c. 93

Public Offices Fees Act 1879

42 & 43 Vic., c. 58

Sea Pollution (Amendment) Act 1999

1999, No. 18

Sea Pollution Act 1991

1991, No. 27

Sea Pollution Acts 1991 to 1999


Number 29 of 2006


SEA POLLUTION (MISCELLANEOUS PROVISIONS) ACT 2006

REVISED

Updated to 13 April 2017


AN ACT TO GIVE EFFECT TO THE INTERNATIONAL CONVENTION ON CIVIL LIABILITY FOR BUNKER OIL POLLUTION DAMAGE 2001 DONE AT LONDON ON 23 MARCH 2001 AND TO MAKE PROVISION FOR MATTERS RELATING TO COUNCIL REGULATION (EC) NO. 44/2001 OF 22 DECEMBER 2000 ON JURISDICTION AND THE RECOGNITION AND ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS IN SO FAR AS IT RELATES TO THAT CONVENTION, TO GIVE EFFECT TO THE PROTOCOL 2000 ON PREPAREDNESS, RESPONSE AND CO-OPERATION TO POLLUTION INCIDENTS BY HAZARDOUS AND NOXIOUS SUBSTANCES 2000 DONE AT LONDON ON 15 MARCH 2000, TO GIVE EFFECT TO THE INTERNATIONAL CONVENTION ON THE CONTROL OF HARMFUL ANTI-FOULING SYSTEMS DONE AT LONDON ON 5 OCTOBER 2001, TO GIVE EFFECT TO ANNEX VI AS ADDED TO THE MARPOL CONVENTION BY THE PROTOCOL TO THAT CONVENTION DONE AT LONDON ON 26 SEPTEMBER 1997, TO GIVE EFFECT TO THE INTERNATIONAL CONVENTION FOR THE CONTROL AND MANAGEMENT OF SHIPS’ BALLAST WATER AND SEDIMENTS 2004 DONE AT LONDON ON 13 FEBRUARY 2004, TO AMEND THE SEA POLLUTION ACTS 1991 TO 1999, TO AMEND THE HARBOURS ACT 1996 AND TO PROVIDE FOR RELATED MATTERS.

[31 st October, 2006]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Application of Act 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

...

...

...

40

2006

Energy (Miscellaneous Provisions) Act 2006

...

...

...

Editorial Notes:

E1

Act included in European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), sch. 2 (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), in effect as per reg. 1(3).

E2

Application of European Communities (Environmental Liability) Regulations 2008 (S.I. No. 547 of 2008) confirmed restricted in relation to environmental damage or an imminent threat of such damage arising from an incident in respect of which liability or compensation is provided for by Act (1.04.2009) by European Communities (Environmental Liability) Regulations 2008 (S.I. No. 547 of 2008), reg 4(2) and sch. 4, in effect as per reg. 1(2).