Customs Act 2015

8.

Customs control of movement of vessels into and out of State

8. (1) The master of a vessel entering the State shall, unless otherwise authorised or exempted, ensure that the vessel berths, lands, moors, anchors or arrives at a place approved under section 7(1)(a) and that all passengers, crew, baggage, conveyances, goods and stores are disembarked or unloaded at a place approved under section 7(1)(b) or (c), as appropriate.

(2) Subsection (1) does not apply to the master of a vessel that is obliged by law or other requirement relating to navigation, or that is compelled by accident, stress of weather, or other unavoidable cause, to—

(a) berth, land, moor, anchor or arrive at a place other than a place approved under section 7(1)(a), or

(b) disembark the passengers or crew, or land the baggage, conveyances, goods or stores at a place other than a place approved under section 7(1)(b) or (c), as appropriate.

(3) The master of a vessel departing the State shall, unless otherwise authorised or exempted, ensure that the vessel departs from a place approved under section 7(1)(a) and that all passengers, crew, baggage, conveyances, goods and stores are embarked or loaded only at a place approved under section 7(1)(b) or (c), as appropriate.

(4) The master of a vessel departing to a place outside the State from a place approved under section 7(1)(a) shall not, following its departure, cause or permit the vessel to berth, land, moor, anchor or otherwise arrive at a place in the State other than at a place approved under section 7(1)(a), unless the vessel is obliged by law or other requirement relating to navigation, or is compelled by accident, stress of weather, or other unavoidable cause to berth, land, moor, anchor or arrive at such other place.

(5) The master of a vessel referred to in subsections (2) and (4) that berths, lands, moors, anchors or otherwise arrives at a place in the State other than at a place approved under section 7(1)(a), shall—

(a) notify an officer of customs of the vessel’s berthing, landing, mooring, anchoring or arrival, and

(b) comply with any directions given by that officer with regard to the vessel, passengers, crew, baggage, conveyances, goods or stores carried.

(6) The notification referred to in subsection (5) shall be given within such time and in such form and manner as the Commissioners may determine.

(7) A person who contravenes subsection (1), (3), (4), (5) or (6) commits an offence and is liable on summary conviction to a fine of €5,000.