Sea Pollution Act 1991

Defective ship or equipment.


22. (1) Where an inspector determines, having inspected a ship, that the ship or any equipment or fitting thereon—

( a) does not correspond substantially with the particulars specified in a certificate under section 17 or an equivalent certificate issued by another Party to the MARPOL Convention, or

( b) is so defective that the ship is not fit to put to sea without presenting a serious threat of damage to the marine environment,

the inspector shall direct the master forthwith to do everything that is necessary to ensure that—

(i) the ship or its equipment corresponds with the said particulars, or

(ii) any defect so determined by the inspector is remedied,

as the case may be.

F21 [ (2) Without prejudice to any other power conferred on an inspector under this Act, an inspector to whom this section applies may, if he is satisfied that a ship (or any fitting or equipment thereon) does not comply with a certificate referred to in subsection (1) or is so defective that the ship is not fit to put to sea without presenting a serious threat to living marine resources, detain a ship, or take a ship to such place in the State as he considers appropriate, and there detain it until such time as any directions given by him under this section in relation to the ship have been complied with. ]

(3) An inspector shall take all such steps as appear to him to be necessary to ensure that a ship in relation to which he has given directions under this section will not put to sea or leave harbour for the purpose of proceeding to the nearest repair yard, without presenting an undue threat of damage to living marine resources.

(4) Any person who—

( a) fails to comply with a direction of any inspector under this section, or

( b) puts to sea, or attempts to put to sea, otherwise than in accordance with this Act, a ship which has been detained by an inspector under subsection (2),

shall be guilty of an offence.

(5) Without prejudice to any prosecution which may be brought pursuant to subsection (4), if the master of a ship registered in the State does not comply with a direction of an inspector under this section, the inspector shall forthwith report the fact of such failure to the Minister and the Minister, having considered the report of the inspector and such other information in relation to such failure as he reasonably considers to be necessary or relevant, may direct that a certificate under section 17 issued in relation to the ship be withdrawn.