Fisheries (Consolidation) Act 1959
Protection of waters from pollution.
172.—(1) F151[…]
(2) Where any receptacle used for containing or conveying any F152[deleterious liquid] is within thirty yards of any waters—
(a) the owner of that receptacle shall provide and maintain such means (in this subsection referred to as suitable means) as will effectively prevent the passage of any deleterious liquid from that receptacle into such waters,
(b) if the owner thereof fails to carry out the duty imposed on him by paragraph (a) of this subsection, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds for each day during which such failure continues,
(c) where the Minister is satisfied that suitable means have been provided in relation to that receptacle, he may, on the application of the owner thereof, issue to him a certificate (which shall remain in force for such period as may be specified therein) and such certificate shall specify the suitable means and the manner in which they are to be used,
(d) if—
(i) the owner thereof is charged with an offence under this section in relation to that receptacle, and
(ii) he proves that a certificate in respect of that receptacle was issued under paragraph (c) of this subsection and that since the issue of the certificate the suitable means specified therein remained available and had been used in the manner specified therein, and
(iii) the certificate was in force on the date on which the offence is alleged to have been committed,
then the charge shall be dismissed.
Annotations
Amendments:
F151
Deleted (1.01.1963) by Fisheries (Amendment) Act 1962 (31/1962), s. 18(a), S.I. No. 216 of 1962.
F152
Substituted (1.01.1963) by Fisheries (Amendment) Act 1962 (31/1962), s. 18(b), S.I. No. 216 of 1962.
Modifications (not altering text):
C133
Application of section extended (31.03.2008) by Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), reg. 22(j), in effect as per reg. 2, as amended (31.04.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 59.
Offences for the Purpose of articles 36 and 38
22. It is hereby prescribed that, notwithstanding the revocation of any Regulations specified hereunder, subject to any amendments which may be made to the regulations from time to time— ...
(j) an offence under Sections 171 or 172 of the Fisheries (Consolidation) Act 1959
…
shall be an offence for the purposes of articles 36 and 38.
Revocation of a waste facility permit
36. (1) A local authority may revoke a waste facility permit, if it appears to it that the—
(a) permit holder, or other relevant person, is not, in its reasonable opinion and having regard to any offence committed by the permit holder, or other relevant person, which, under article 22, is an offence for the purposes of this article, a fit and proper person to hold a waste facility permit, or
...
Review, amendment, revocation or transfer of a certificate of registration
38. …
(7) A local authority, or, as the case may be, the Agency may revoke a certificate of registration, if it appears to it that—
(a) the registration holder, or other relevant person, is not, in its reasonable opinion and having regard to any offence committed by the permit holder, or other relevant person, which, under article 22, is an offence for the purposes of this article” after “reasonable opinion, a fit and proper person to hold a waste facility permit,
C134
Application of section extended (31.03.2008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), reg. 21(j), in effect as per reg. 1.
Offences for the purpose of section 34(5) of the Act
21. It is hereby prescribed that, notwithstanding the revocation of any Regulations specified hereunder and subject to any amendment that may be made to these Regulations from time to time— ...
(j) an offence under sections 171 or 172 of the Fisheries (Consolidation) Act 1959;
…
shall be an offence for the purposes of section 34(5)(a) of the Act.
C135
Penalties under ss. 171, 172 altered (31.12.2007) by Water Services Act 2007 (30/2007), s. 111, S.I. No. 846 of 2007. A fine of €5,000 translates into a class A fine, not greater than €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(2) and table ref. no. 1, S.I. No. 662 of 2010.
Note that the full history of the alteration of penalties under this section can be found in the annotations at the beginning of the Act under “Be it enacted by the Oireachtas as follows”.
Increase of penalties under sections 171 and 172 of Fisheries (Consolidation) Act 1959.
111.— A person guilty of an offence under section 171 or 172 of the Fisheries (Consolidation) Act 1959 is liable, in lieu of the penalties specified in section 25 of the Act of 1990—
(a) on summary conviction, to a fine not exceeding €5,000, or imprisonment for a term not exceeding 3 months, or both, or
(b) on conviction on indictment, to a fine not exceeding €15,000,000, or imprisonment for a term not exceeding 5 years, or both.
Editorial Notes:
E249
Previous affecting provision: application of section extended (30.08.2001) by Waste Management (Collection Permit) Regulations 2001 (S.I. No. 402 of 2001), reg. 19(j); revoked (31.03.2008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), reg. 2(1) and sch. 1, in effect as per reg. 1(2), subject to transitional provisions in reg. 2(2), (3).