Sea Pollution (Amendment) Act 1999
Number 18 of 1999
SEA POLLUTION (AMENDMENT) ACT 1999
REVISED
Updated to 22 November 2021
This Revised Act is an administrative consolidation of the Sea Pollution (Amendment) Act 1999. 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 18 of 1999
SEA POLLUTION (AMENDMENT) ACT 1999
REVISED
Updated to 22 November 2021
Introduction
This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.
Related legislation
Sea Pollution Acts 1991 to 2014: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Local Government Reform Act 2014 (1/2014), s. 1(20)). The Acts in this group are:
• Sea Pollution Act 1991 (27/1991)
• Energy (Miscellaneous Provisions) Act 1995 (35/1995), insofar as it amended Sea Pollution Act 1991
• Dumping At Sea Act 1996 (14/1996), s. 12
• Sea Pollution (Amendment) Act 1999 (18/1999)
• Sea Pollution (Miscellaneous Provisions) Act 2006 (29/2006), s. 1(3) and Part 3, ss. 19-37
• Local Government Reform Act 2014 (1/2014), s. 1(20) and the amendments to the Sea Pollution (Amendment) Act 1999 and the Sea Pollution (Miscellaneous Provisions) Act 2006 provided for in s. 5(6) and Schedule 2, Part 6 (Note: the 2006 Act is not amended by the 2014 Act and the reference to s. 5(6) appears to refer to s. 5(8)).
Annotations
This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.
An explanation of how to read annotations is available at
www.lawreform.ie/annotations.
Material not updated in this revision
Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.
Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.
A list of legislative changes to any Act, and to statutory instruments from 1972, may be found may be found linked from the page of the Act or statutory instrument at
www.irishstatutebook.ie.
Acts which affect or previously affected this revision
• Maritime Jurisdiction Act 2021 (28/2021)
• Merchant Shipping (Registration of Ships) Act 2014 (43/2014)
• Local Government Reform Act 2014 (1/2014)
• Sea Pollution (Miscellaneous Provisions) Act 2006 (29/2006)
• Sea-Fisheries and Maritime Jurisdiction Act 2006 (8/2006)
All Acts up to and including Child and Family Agency (Amendment) Act 2021 (32/2021), enacted 24 November 2021, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011)
• Maritime Transport, Safety and Security (Transfer of Departmental Administration and Ministerial Functions) Order 2005 (S.I. No. 842 of 2005)
• Sea Pollution (Amendment) Act, 1999, (Commencement) Order 1999 (S.I. No. 295 of 1999)
All statutory instruments up to and including Maritime Jurisdiction Act 2021 (Commencement) Order 2021 (S.I. No. 601 of 2021), made 17 November 2021, were considered in the preparation of this revision.
Number 18 of 1999
SEA POLLUTION (AMENDMENT) ACT 1999
REVISED
Updated to 22 November 2021
ARRANGEMENT OF SECTIONS
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Minister to prepare plan for preventing and minimising oil pollution damage. |
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Application of certain provisions of Principal Act to offences under this Act. |
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Short title, collective citation, construction and commencement. |
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Acts Referred to |
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Continental Shelf Act, 1968 |
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Energy (Miscellaneous Provisions) Act, 1995 |
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Fishery Harbour Centres Act 1968 |
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Foreshore Act, 1933 |
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Harbours Act, 1946 |
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Harbours Act, 1996 |
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Local Government Act, 1941 |
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Maritime Jurisdiction Acts, 1959 to 1988 |
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Mercantile Marine Act, 1955 |
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Oil Pollution of the Sea (Civil Liability and Compensation) (Amendment) Act, 1998 |
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Sea Pollution Act, 1991 |
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Sea Pollution Acts, 1991 and 1995 |
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Sea Pollution Acts, 1991 and 1996 |
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Number 18 of 1999
SEA POLLUTION (AMENDMENT) ACT 1999
REVISED
Updated to 22 November 2021
AN ACT TO GIVE EFFECT TO THE INTERNATIONAL CONVENTION ON OIL POLLUTION PREPAREDNESS, RESPONSE AND CO-OPERATION, 1990, DONE AT LONDON ON THE 30TH DAY OF NOVEMBER 1990, TO AMEND THE SEA POLLUTION ACT, 1991, AND TO PROVIDE FOR RELATED MATTERS. [30th June, 1999]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
C1
Application of Act and collectively cited Sea Pollution Acts 1991 to 2006 affected (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), regs. 42(22), 46(3), 63(2) and sch. 2, in effect as per reg. 1(3).
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
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Review of existing plans
46. ...
(3) For the purposes of this Regulation, a decision, including a decision to adopt or undertake, or give approval for a plan, may include those adopted, undertaken or approved pursuant to any of the enactments set out in the Second Schedule to these Regulations.
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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.
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SECOND SCHEDULE
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Short Title/Citation |
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... Sea Pollution Acts 1991 to 2006 ... |
C2
Functions in relation to collectively cited Sea Pollution Acts 1991 to 1999 transferred and references to “Minister for” and “Department of Communications, Marine and Natural Resources” construed (1.01.2006) by Maritime Transport, Safety and Security (Transfer of Departmental Administration and Ministerial Functions) Order 2005 (S.I. No. 842 of 2005), arts. 3, 4 and sch. part 1, in effect as per art. 1(2), subject to transitional provisions in arts. 5-9. Note that name changed to Transport, Tourism and Sport (2.04.2011) by Transport (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 141 of 2011), in effect as per art. 1(2).
3. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are transferred to the Department of Transport.
(2) References 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) of this Article shall, from the commencement of this Order, be construed as references to the Department of Transport.
4. (1) The functions vested in the Minister for Communications, Marine and Natural Resources-
(a) by or under the Acts specified in Part 1,
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of the Schedule to this Order are transferred to the Minister for Transport.
(2) References to the Minister for Communications, Marine and Natural Resources contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, from the commencement of this Order, be construed as references to the Minister for Transport.
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Schedule
Article 4(1)
Part 1
Acts
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Sea Pollution Acts 1991 to 1999
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