Sea Pollution (Amendment) Act 1999

Interpretation.

1

1.—(1) In this Act—

“authorised officer” means a person appointed by the Minister under section 4 , or section 11 of the Energy (Miscellaneous Provisions) Act, 1995 ;

F1 [ Convention means the International Convention on Oil Pollution Preparedness, Response and Co-operation 1990, done at London on 30 November 1990 together with the Protocol done at London on 15 March 2000; ]

“designated area” means an area for the time being designated under section 2 of the Continental Shelf Act, 1968;

“functions” includes powers and duties and references to the performance of functions include references to the exercise of powers and the carrying out of duties;

“harbour authority” means—

( a) in the case of a harbour to which the Harbours Act, 1946, applies, a harbour authority within the meaning of that Act;

( b) in the case of a harbour under the control of a company established pursuant to section 7 of the Harbours Act, 1996 , the company concerned;

( c) in the case of a fishery harbour centre to which the Fishery Harbour Centres Act, 1968 , applies, the Minister;

( d) in the case of a harbour under the control of a local authority, the local authority concerned; or

( e) in the case of a harbour under the management of Iarnród éireann — Irish Rail, Iarnród éireann — Irish Rail;

F2 [ hazardous and noxious substances means any substance other than oil which, if introduced into the marine environment, is likely to create a hazard to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea;

hazardous and noxious substances handling facility means a facility where hazardous and noxious substances are loaded into or unloaded from ships;

hazardous and noxious substances pollution emergency plan in relation to a harbour, offshore unit, oil handling facility, hazardous and noxious substances handling facility, Irish ship or an area of seashore in whole or in part within the functional area, or contiguous to the functional area, of a local authority, means a plan for the prevention and minimisation of damage arising out of a pollution incident by hazardous and noxious substances approved by the Minister under section 2 of this Act; ]

“Irish ship” means an Irish ship within the meaning of section 9 of the Mercantile Marine Act, 1955 ;

F3 [ local authority means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014); ]

“maritime administration” means a person in a state other than the State performing functions the same as or similar to those performed by the Minister under this Act;

“the Minister” means the Minister for the Marine and Natural Resources;

“offshore unit” means any fixed or floating offshore installation or structure, in the State or a designated area, engaged in gas or oil exploration, exploitation or production activities, or the loading or unloading of oil;

“oil handling facility” means a facility in the State or a designated area that presents an oil pollution risk and includes oil terminals, pipelines and other similar facilities;

“oil pollution emergency plan”, in relation to a harbour, offshore unit, oil handling facility F4 [ , relevant Irish ship ] or an area of seashore in whole or in part within the functional area, or contiguous to the functional area, of a local authority, means a plan approved by the Minister under section 2 ;

“oil pollution incident” means any occurrence or series of occurences involving a discharge of oil, or giving rise to circumstances from which it is reasonable to infer that there is likely to be a discharge of oil, from a ship, offshore unit or oil handling facility, and which poses a threat or gives rise to circumstances from which it is reasonable to infer that there is likely to be a threat to the marine environment in the State, a designated area or a prescribed area;

F4 [ pollution incident by hazardous and noxious substances means any occurrence or series of occurrences having the same origin, including fire or explosion, which results or may result in a discharge, release or emission of hazardous and noxious substances and which poses or may pose a threat to the marine environment in the State, or to the coastline or related interests of one or more states, and which requires emergency action or immediate response; ]

“the Principal Act” means the Sea Pollution Act, 1991;

F4 [ Protocol means the Protocol specified in the definition of Convention ;

relevant Irish ship means an Irish ship which is

( a ) an oil tanker of not less than 150 tons gross tonnage, or

( b ) a ship other than an oil tanker of not less than 400 tons gross tonnage; ]

“seashore” has the same meaning as it has in the Foreshore Act, 1933 .

F5 [ (2) A reference in this Act to the State includes a reference to

( a ) the inland waters of the State,

( b ) the territorial seas of the State, and the seabed and subsoil beneath those seas, and

( c ) the exclusive economic zone of the State (within the meaning of section 87 of the Sea-Fisheries and Maritime Jurisdiction Act 2006). ]

(3) A reference in this Act to a section is a reference to a section of this Act unless it is indicated that a reference to some other enactment is intended.

(4) A reference in this Act to a subsection or paragraph is a reference to the subsection or paragraph of the provision in which the reference occurs unless it is indicated that a reference to some other provision is intended.

(5) A reference in this Act to an enactment shall be construed as a reference to that enactment as amended, adapted or extended, whether before or after the commencement of this section, by or under any subsequent enactment.

Annotations:

Amendments:

F1

Substituted (14.06.2007) by Sea Pollution (Miscellaneous Provisions) Act 2006 (29/2006), s. 35(a), S.I. No. 605 of 2006.

F2

Inserted (14.06.2007) by Sea Pollution (Miscellaneous Provisions) Act 2006 (29/2006), s. 35(b), S.I. No. 605 of 2006.

F3

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(8) and sch. 2 part 6, S.I. No. 214 of 2014.

F4

Inserted (14.06.2007) by Sea Pollution (Miscellaneous Provisions) Act 2006 (29/2006), s. 35(c)-(e), S.I. No. 605 of 2006.

F5

Substituted (4.04.2006) by Sea-Fisheries and Maritime Jurisdiction Act 2006 (8/2006), s. 93(7), commenced on enactment.

F6

Substituted by Merchant Shipping (Registration of Ships) Act 2014 (43/2014), s. 68 and sch. 4, not commenced as of date of revision.

Modifications (not altering text):

C3

Prospective affecting provision: definition of “Irish ship” substituted by Merchant Shipping (Registration of Ships) Act 2014 (43/2014), s. 68 and sch. 4, not commenced as of date of revision.

F6 [ Irish ship means an Irish ship within the meaning of section 33 of the Merchant Shipping (Registration of Ships) Act 2014; ]