Dumping at Sea Act 1996
Number 14 of 1996
DUMPING AT SEA ACT 1996
REVISED
Updated to 22 November 2021
This Revised Act is an administrative consolidation of the Dumping at Sea Act 1996. 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 Child and Family Agency (Amendment) Act 2021 (34/2021), enacted 24 November 2021, and all statutory instruments up to and including the Maritime Jurisdiction Act 2021 (Commencement) Order 2021 (S.I. No. 601 of 2021), made 17 November 2021, 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 14 of 1996
DUMPING AT SEA ACT 1996
REVISED
Updated to 22 November 2021
ARRANGEMENT OF SECTIONS
Criteria as to the Grant of Permits for Dumping
The Exceptions to the Prohibition on Dumping as Contained in Annex IITO the Convention for the Protection of the Marine Environment of the North-East Atlantic Done at Paris on the 22nd day of September, 1992
The Exceptions to the Prohibition on Dumping Permitted in Accordance with annex III to the Convention for the Protection of the Marine Environment of the North-East Atlantic done at Paris on the 22nd day of September, 1992
Number 14 of 1996
DUMPING AT SEA ACT 1996
REVISED
Updated to 22 November 2021
AN ACT TO MAKE FURTHER PROVISION TO CONTROL DUMPING AT SEA, TO GIVE EFFECT TO THE CONVENTION FOR THE PROTECTION OF THE MARINE ENVIRONMENT OF THE NORTH-EAST ATLANTIC DONE AT PARIS ON THE 22ND DAY OF SEPTEMBER, 1992, AND FOR THOSE PURPOSES TO REPEAL AND RE-ENACT WITH AMENDMENTS THE DUMPING AT SEA ACT, 1981, AND TO PROVIDE FOR RELATED MATTERS. [19th June, 1996]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
C1
Application of collectively cited Dumping at Sea Acts 1996 to 2009 restricted (21.09.2009) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), reg. 42(22) and sch. 2, and reg. (63(2).
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.
...
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.
...
SECOND SCHEDULE
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Number |
Year |
Short Title/Citation |
|
... ... |
... ... |
... Dumping at Sea Acts 1996 to 2009 ... |
C2
Certain functions under collectively cited Dumping at Sea Acts 1996 to 2006 transferred (15.02.2010) by Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009), s. 29, commenced as per s. 1(5).
Transfer and vesting of dumping at sea functions
29.— (1) Such of the functions, immediately before the commencement date, of the Minister for Agriculture, Fisheries and Food under the Dumping at Sea Acts 1996 to 2006 to which this Part relates are, on that date, transferred to the Agency in accordance with and to the extent provided for by this Part and Schedule 2 and those provisions have effect for the purpose of vesting in the Agency the functions so transferred.
(2) The administration and business in connection with the performance of any functions transferred to the Agency from the Minister for Agriculture, Fisheries and Food by subsection (1) are, on the commencement date, transferred to the Agency.
C3
Functions transferred and references to “Department of Communications, Marine and Natural Resources” and “Minister for Communications, Marine and Natural Resources” construed (19.10.2007) by Sea Fisheries, Foreshore and Dumping at Sea (Transfer of Departmental Administration and Ministerial Functions) Order 2007 (S.I. No. 707 of 2007), arts. 2, 3 and sch., part 1, in effect as per art. 1.
2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Agriculture and Food.
(2) A reference 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) shall be construed as a reference to the Department of Agriculture and Food.
3. (1) A function vested in the Minister for Communications, Marine and Natural Resources by or under—
(a) an enactment cited in Part 1 of the Schedule to this Order, and ...
is transferred to the Minister for Agriculture and Food.
(2) A reference to the Minister for Communications, Marine and Natural Resources contained in an enactment or instrument made under an enactment and relating to a function transferred by this Article shall be construed as a reference to the Minister for Agriculture and Food.
...
SCHEDULE
PART 1
...
Dumping at Sea Acts 1996 to 2006
Editorial Notes:
E1
Provision for costs of certain proceedings under Act to be borne by each party in certain circumstances made (7.07.2011) by Foreshore (Amendment) Act 2011 (20/2011), Part 2 (ss. 3-8), commenced on enactment. The 2011 Act, s. 8 provides for judicial notice to be taken of the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters done at Aarhus, Denmark on 25 June 1998.
E2
Requirements for authorisations granted under collectively cited Dumping at Sea Acts 1996 to 2004 prescribed and requirement for review of existing authorisations under Act imposed (30.07.2009) by European Communities Environmental Objectives (Surface Waters) Regulations 2009 (S.I. No. 272 of 2009), regs. 7, 9 and 11, commenced as per reg. 1(2).
E3
Previous affecting provision: obligation to consult Minister for Arts, Culture and the Gaeltacht before exercising any function to which regulation related under Act imposed (26.02.1997) by European Communities (Natural Habitats) Regulations 1997 (S.I. No. 94 of 1997), reg. 31(7) and sch. 2, pt. 1, commenced on enactment; revoked (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), reg. 73(1).