Sea Pollution Act 1991

Powers of inspectors.

21

21. (1) An inspector may do all such things as he considers necessary for the purpose of carrying out his functions under this Act.

(2) Without prejudice to the generality of subsection (1) and any other provision of this Act, an inspector may—

( a) at any time, go on board any ship while the ship is in the State or an Irish ship anywhere and inspect the ship and all machinery, boats, equipment or fittings thereon and test any equipment on board the ship with which, under this Act, the ship is required to be fitted;

( b) inspect any document on board the ship and require any person on board to produce to him any document in his possession or control or to make return to any enquiry;

( c) require any person on board a ship to furnish him with his name and address;

( d) take samples of oil, oily mixtures, noxious liquid substances, harmful substances, F20 [ sewage, garbage, substances subject to control by Annex VI to the MARPOL Convention or anti-fouling systems ] from any ship;

( e) copy any entry in any prescribed document or record and require the person by whom the document or record is kept to certify the copy as a true copy of the entry;

( f) copy any entry in any log book of the ship or other record on the ship and require the master of the ship to certify the copy as a true copy of the entry;

( g) at any time, enter any place, whether on land or at sea, and therein inspect—

(i) any container for the storage, or

(ii) any apparatus for the transfer to or from a ship,

of oil, oily mixtures, noxious liquid substances, harmful substances, F20 [ sewage, garbage, substances subject to control by Annex VI to the MARPOL Convention or anti-fouling systems ];

( h) by summons under his hand require any person to attend before him and examine him on oath (which the inspector is hereby authorised to administer);

( i) require a witness to make and subscribe a declaration of the truth of any statements made at his examination.

(3) A witness before an inspector shall be entitled to the same immunities and privileges as if he were a witness before the High Court and shall be allowed such expenses as would be allowed to a witness attending the High Court on a sub poena: and any dispute as to the amount of those expenses shall be referred to a Taxing Master who shall, on request made to him under the hand of an inspector, ascertain and certify the amount of the expenses.

(4) For the purpose of boarding a ship in order to exercise his functions under this Act, an inspector may require the master of the ship to take such measures and provide such facilities as may be necessary to enable him to go on board.

(5) An inspector may, for the purposes of this Act, require the master of a ship to be and remain on board whilst he is inspecting the ship and the inspector may require the master to answer any questions or to furnish any information which may appear to the inspector to be necessary or relevant.

(6) Any person who—

( a) on being summoned as a witness before an inspector and tendered the expenses to which he is entitled under this section, makes default in attending, or refuses to take an oath legally required by the inspector to be taken, or

( b) refuses or neglects to make any answer, or to give any return, or to produce any document, or to make or subscribe to any declaration, or to certify a copy of any entry which the inspector is entitled to require, or

( c) on being requested by an inspector to stop a ship for the purpose of enabling the inspector to board the ship in order to inspect it, fails or neglects to bring the ship to a stop, or

( d) wilfully impedes an inspector in the exercise of his functions under this Act,

shall be guilty of an offence.