Dumping at Sea Act 1996

Provisions in relation to offences.

7

7. F49[(1) Summary proceedings in respect of an offence under this Act may be brought and prosecuted by the Agency.

(2) Summary proceedings in respect of an offence committed in the harbour of a harbour authority may be brought by the Agency or the authority.]

(3) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence under this Act may be instituted—

(a) in every case, within two years from the date of the offence, and

(b) if at the expiration of that period, the person to be charged is outside the State, within six months of the date on which he enters the State.

(4) Proceedings for an offence under this Act committed in the maritime area may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the State.

(5) Where an offence under this Act is committed by a body corporate and the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any person being a director, manager, secretary or other similar officer of the body or being a person who was purporting to act in any such capacity, that person, as well as the body, shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(6) Without prejudice to any other jurisdiction, proceedings in relation to an offence under this Act may be brought against a person at any place where that person may, for the time being, be.

Annotations

Amendments:

F49

Substituted (15.02.2010) by Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009), s. 36, commenced as per s. 1(5).