Sea Pollution Act 1991
Number 27 of 1991
SEA POLLUTION ACT 1991
REVISED
Updated to 22 May 2024
This Revised Act is an administrative consolidation of the Sea Pollution Act 1991. 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 the Research and Innovation Act 2024 (15/2024), enacted 4 June 2024, and all statutory instruments up to and including the Sea Pollution (Control of Pollution by Noxious Liquid Substances in Bulk) (Amendment) Regulations 2024 (S.I. No. 235 of 2024), made 22 May 2024, 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 27 of 1991
SEA POLLUTION ACT 1991
REVISED
Updated to 23 February 2024
PRELIMINARY AND GENERAL
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Section |
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Laying of orders and regulations before each House of Oireachtas. |
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PREVENTION OF POLLUTION
ENFORCEMENT
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Powers of Minister to prevent, mitigate or eliminate pollution. |
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ACTS OF EUROPEAN COMMUNITIES
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Power of Minister to make regulations to give effect to acts of European Communities. |
MISCELLANEOUS
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Amendment of Oil Pollution of the Sea (Civil Liability and Compensation) Act, 1988. |
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Detention of master of ship pending determination of proceedings (including appeals) under Act. |
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Enactments Repealed
Amendment of Oil Pollution of the Sea (Civil Liability and Compensation) Act, 1988
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Acts Referred to |
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1954, No. 26 |
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1968, No. 14 |
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1967, No. 12 |
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1981, No. 8 |
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1968, No. 18 |
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1946, No. 9 |
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1955, No. 29 |
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Merchant Shipping Act, 1894 |
57 and 58 Vict., c. 60 |
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Oil Pollution of the Sea (Civil Liability and Compensation) Act, 1988 |
1988, No. 11 |
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Petty Sessions (Ireland) Act, 1851 |
14 and 15 Vict., c. 93 |
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Public Offices Fees Act, 1879 |
42 and 43 Vict., c. 58 |
Number 27 o f1991
SEA POLLUTION ACT 1991
REVISED
Updated to 23 February 2024
AN ACT TO MAKE PROVISION FOR THE PREVENTION OF POLLUTION OF THE SEA BY OIL AND OTHER SUBSTANCES; AND TO GIVE EFFECT TO THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS DONE AT LONDON ON THE 2nd DAY OF NOVEMBER, 1973, AS AMENDED BY THE PROTOCOL DONE AT LONDON ON THE 17th DAY OF FEBRUARY, 1978; AND TO GIVE EFFECT TO THE PROTOCOL RELATING TO INTERVENTION ON THE HIGH SEAS IN CASES OF POLLUTION BY SUBSTANCES OTHER THAN OIL DONE AT LONDON ON THE 2nd DAY OF NOVEMBER, 1973; AND TO PROVIDE FOR THE REPEAL OF THE OIL POLLUTION OF THE SEA ACTS, 1956 TO 1977; AND TO PROVIDE FOR OTHER MATTERS RELATED TO THE FOREGOING MATTERS. [26th November, 1991]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
C1
Application of Act and collectively cited Sea Pollution Acts 1991 to 2006 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
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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.
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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.
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SECOND SCHEDULE
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Number |
Year |
Short Title/Citation |
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... Sea Pollution Acts 1991 to 2006 ... |
C2
Functions in relation to collectively cited Sea Pollution Acts 1991 to 1999 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 and sch. part 1, in effect as per art. 1(2), subject to transitional provisions in arts. 5-9. Note that name changed to Transport, Tourism and Sport (2.04.2011) by Transport (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 141 of 2011), in effect as per art. 1(2).
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,
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of the Schedule to this Order are transferred to the Minister for Transport.
(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.
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Schedule
Article 4(1)
Part 1
Acts
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Oil Pollution of the Sea (Civil Liability and Compensation) Acts 1988 to 2005
Sea Pollution Acts 1991 to 1999
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C3
Prosecution of offence under Act excluded from application of Prosecution of Offences Act 1974 (22/1974), s. 3 (19.06.1996) by Dumping Act Sea Act 1996 (14/1996), s. 12(1), commenced on enactment.
Prosecution of offences under Sea Pollution Act, 1991, by Attorney General.
12.—(1) Section 3 of the Prosecution of Offences Act, 1974, shall not apply to the prosecution of an offence under the Sea Pollution Act, 1991, or to any functions in relation to that matter to which, but for this subsection, it would apply.
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Editorial Notes:
E1
Provision for Minister to grant authorisation for survey or inspection under the Act for purpose of ensuring compliance with the Act, or rules and regulations made under the Act, as give effect to international conventions, made (2.03.1998) by European Communities (Ship Inspection and Survey Organisations) Regulations 1998 (S.I. No. 56 of 1998), reg. 4(1)(e), in effect as per reg. 1(2).