Sea Pollution Act 1991

Saver for discharges in certain circumstances.

11

11.—Regulations under section 10 shall not apply to—

(a) the discharge into the sea of any oil, oily mixture, noxious liquid substance, harmful substance, F12[sewage, garbage, substances subject to control by Annex VI to the MARPOL Convention, anti-fouling systems or ships’ ballast water and sediments] for the purpose of—

(i) securing the safety of a ship, or

(ii) saving life at sea,

if such discharge was, having regard to all the circumstances, necessary and reasonable; or

(b) the discharge into the sea of any oil, oily mixture, noxious liquid substance, harmful substance, F12[sewage, garbage, substances subject to control by Annex VI to the MARPOL Convention, anti-fouling systems or ships’ ballast water and sediments] which resulted from any damage to the ship, or to its equipment provided that all reasonable steps have been taken after the occurrence of the damage or, as the case may be, the discovery of the discharge, to prevent or minimise the discharge and the owner or the master did not act with intent to cause damage or recklessly; or

(c) the discharge into the sea of any prescribed substance for the purpose of minimising the damage from pollution, provided that the discharge was sanctioned by or on behalf of the Minister.

Annotations

Amendments:

F12

Substituted (8.12.2006) by Sea Pollution (Miscellaneous Provisions) Act 2006 (29/2006), s. 37(a), S.I. No. 605 of 2006.

Editorial Notes:

E47

Power pursuant to section exercised (1.01.2014) by Sea Pollution (Harmful Substances in Packaged Form) Regulations 2013 (S.I. No. 510 of 2013), in effect as per reg. 1(2).

E48

Power pursuant to section exercised (9.02.2013) by Sea Pollution (Prevention of Air Pollution from Ships) (Amendment) Regulations 2013 (S.I. No. 35 of 2013), in effect as per reg. 1(2).

E49

Power pursuant to section exercised (1.01.2013) by Sea Pollution (Prevention of Pollution by Sewage from Ships) (Amendment) Regulations 2012 (S.I. No. 492 of 2012), in effect as per reg. 1(2).

E50

Power pursuant to section exercised (1.01.2013) by Sea Pollution (Prevention of Pollution by Garbage from Ships) Regulations 2012 (S.I. No. 372 of 2012), in effect as per reg. 1(2).

E51

Power pursuant to section exercised (1.02.2012) by Sea Pollution (Prevention of Air Pollution from Ships) (Amendment) (No. 2) Regulations 2011 (S.I. No. 596 of 2011), in effect as per reg. 1(2).

E52

Power pursuant to section exercised (1.08.2011) by Sea Pollution (Prevention of Air Pollution from Ships) (Amendment) Regulations 2011 (S.I. No. 383 of 2011), in effect as per reg. 1(2).

E53

Power pursuant to section exercised (1.08.2011) by Sea Pollution (Prevention of Oil Pollution) (Amendment) Regulations 2011 (S.I. No. 365 of 2011), in effect as per reg. 1(2).

E54

Power pursuant to section exercised (1.07.2010) by Sea Pollution (Prevention of Air Pollution from Ships) Regulations 2010 (S.I. No. 313 of 2010), in effect as per reg. 1(2).

E55

Power pursuant to section exercised (5.06.2008) by Sea Pollution (Control of Pollution By Noxious Liquid Substances in Bulk) Regulations 2008 (S.I. No. 217 of 2008), in effect as per reg. 1(2).

E56

Power pursuant to section exercised (29.03.2008) by Sea Pollution (Control of Anti-Fouling Systems on Ships) Regulations 2008 (S.I. No. 82 of 2008), in effect as per reg. 1 and sch. 1.

E57

Power pursuant to section exercised (30.11.2007) by Sea Pollution (Prevention of Oil Pollution) Regulations 2007 (S.I. No. 788 of 2007), in effect as per reg. 1(2).

E58

Power pursuant to section exercised (1.01.2003) by Sea Pollution (Control of Pollution by Noxious Liquid Substances in Bulk) (Amendment) Regulations 2002 (S.I. No. 641 of 2002), in effect as per reg. 1(2).

E59

Power pursuant to section exercised (30.01.1998) by Sea Pollution (Control of Pollution By Noxious Liquid Substances in Bulk) (Amendment) Regulations 1997 (S.I. No. 515 of 1997), in effect as per reg. 1.

E60

Previous affecting provision: power pursuant to section exercised (1.01.2010) by Sea Pollution (Harmful Substances In Packaged Form) Regulations 2009 (S.I. No. 491 of 2009), in effect as per reg. 1(2); revoked (1.01.2014) by Sea Pollution (Harmful Substances in Packaged Form) Regulations 2013 (S.I. No. 510 of 2013), reg. 10(b), in effect as per reg. 1(2).

E61

Previous affecting provision: power pursuant to section exercised (25.10.2007) by Sea Pollution (Prevention of Air Pollution from Ships) Regulations 2007 (S.I. No. 728 of 2007); revoked (1.07.2010) by Sea Pollution (Prevention of Air Pollution from Ships) Regulations 2010 (S.I. No. 313 of 2010), reg. 18, in effect as per reg. 1(2).

E62

Previous affecting provision: power pursuant to section exercised (30.04.2003) by Sea Pollution (Prevention of Oil Pollution) (Amendment) Regulations 2003 (S.I. No. 191 of 2003); revoked (30.11.2007) by Sea Pollution (Prevention of Oil Pollution) Regulations 2007 (S.I. No. 788 of 2007), reg. 40(d), in effect as per reg. 1(2).

E63

Previous affecting provision: power pursuant to section exercised (1.01.2003) by Sea Pollution (Prevention of Oil Pollution) (Amendment) Regulations 2002 (S.I. No. 642 of 2002), in effect as per reg. 1(2); revoked (30.11.2007) by Sea Pollution (Prevention of Oil Pollution) Regulations 2007 (S.I. No. 788 of 2007), reg. 40(c), in effect as per reg. 1(2).

E64

Previous affecting provision: power pursuant to section exercised (30.01.1998) by Sea Pollution (Prevention of Pollution By Garbage From Ships) (Amendment) Regulations 1997 (S.I. No. 516 of 1997), in effect as per reg. 1; revoked (1.01.2013) by Sea Pollution (Prevention of Pollution by Garbage from Ships) Regulations 2012 (S.I. No. 372 of 2012), reg. 11(b), in effect as per reg. 1(2).

E65

Previous affecting provision: power pursuant to section exercised (30.01.1998) by Sea Pollution (Prevention of Oil Pollution) (Amendment) Regulations 1997 (S.I. No. 514 of 1997), in effect as per reg. 1; revoked (30.11.2007) by Sea Pollution (Prevention of Oil Pollution) Regulations 2007 (S.I. No. 788 of 2007), reg. 40(b), in effect as per reg. 1(2).

E66

Previous affecting provision: power pursuant to section exercised (30.01.1998) by Sea Pollution (Harmful Substances in Packaged Form) Regulations 1997 (S.I. No. 513 of 1997), in effect as per reg. 1(1); revoked (1.01.2010) by Sea Pollution (Harmful Substances In Packaged Form) Regulations 2009 (S.I. No. 491 of 2009), reg. 11, in effect as per reg. 1(2). Also revoked (1.01.2014) by Sea Pollution (Harmful Substances in Packaged Form) Regulations 2013 (S.I. No. 510 of 2013), reg. 10(a), in effect as per reg. 1(2).

E67

Previous affecting provision: power pursuant to section exercised (1.06.1994) by Sea Pollution (Control of Pollution by Noxious Liquid Substances in Bulk) Regulations 1994 (S.I. No. 46 of 1994), in effect as per reg. 1; revoked (5.06.2008) by Sea Pollution (Control of Pollution By Noxious Liquid Substances in Bulk) Regulations 2008 (S.I. No. 217 of 2008), reg. 29, in effect as per reg. 1(2).

E68

Previous affecting provision: power pursuant to section exercised (1.06.1994) by Sea Pollution (Prevention of Pollution by Garbage From Ships) Regulations 1994 (S.I. No. 45 of 1994), in effect as per reg. 1; revoked (1.01.2013) by Sea Pollution (Prevention of Pollution by Garbage from Ships) Regulations 2012 (S.I. No. 372 of 2012), reg. 11(a), in effect as per reg. 1(2).

E69

Previous affecting provision: power pursuant to section exercised (1.06.1994) by Sea Pollution (Prevention of Oil Pollution) Regulations, 1994 (S.I. No. 44 of 1994), in effect as per reg. 1; revoked (30.11.2007) by Sea Pollution (Prevention of Oil Pollution) Regulations 2007 (S.I. No. 788 of 2007), reg. 40(a), in effect as per reg. 1(2).