Sea Pollution (Amendment) Act 1999

Giving of directions by Minister.

6

6.—(1) The Minister may—

(a) give a direction in writing to a harbour authority requiring it to make such modifications or alterations to an oil pollution emergency plan F13[or a hazardous and noxious substances pollution emergency plan] approved by him or her in respect of a harbour under its control as he or she deems appropriate, or

(b) in relation to a harbour, give a direction (in writing or otherwise) to the harbour authority concerned to do or refrain from doing anything, the doing or refraining from doing of which is, in the opinion of the Minister, necessary or expedient for the purposes of responding to an oil pollution incident F13[or a pollution incident by hazardous and noxious substances] in that harbour.

F14[(2) The Minister may

(a) give a direction in writing to the operator of an offshore unit, oil handling facility or hazardous and noxious substances handling facility or to the master, or such other person as may have charge, of a relevant Irish ship requiring the operator, master or other person concerned to make such modifications or alterations to either or both an oil pollution emergency plan and a hazardous and noxious substances pollution emergency plan in respect of the offshore unit, handling facility or relevant Irish ship, as the case may be, under the control of the operator, or the master or such other person, as the Minister deems appropriate, or

(b) in relation to an offshore unit, oil handling facility, hazardous and noxious substances handling facility or relevant Irish ship, give a direction (in writing or otherwise) to the operator of such offshore unit or handling facility or to the master, or such other person as may have charge, of a relevant Irish ship, as the case may be, to do or refrain from doing anything, the doing or refraining from doing of which is, in the opinion of the Minister, necessary or expedient for the purposes of responding to an oil pollution incident or a pollution incident by hazardous and noxious substances in or on the offshore unit, handling facility or relevant Irish ship concerned. ]

(3) The Minister may—

(a) give a direction in writing to a local authority requiring it to make such modifications or alterations to an oil pollution emergency plan F13[or a hazardous and noxious substances pollution emergency plan] approved by him or her in respect of an area of seashore within or contiguous to the functional area of the local authority concerned, or

(b) in relation to such area of seashore as he or she deems appropriate, give a direction (in writing or otherwise) to a local authority to do or refrain from doing anything, the doing or refraining from doing of which is, in the opinion of the Minister, necessary or expedient for the purposes of responding to an oil pollution incident F13[or a pollution incident by hazardous and noxious substances].

(4) A person who fails to comply with a direction under this section shall be guilty of an offence.

Annotations

Amendments:

F13

Inserted (14.06.2007) by Sea Pollution (Miscellaneous Provisions) Act 2006 (29/2006), s. 24(a), (b), S.I. No. 605 of 2006.

F14

Substituted (14.06.2007) by Sea Pollution (Miscellaneous Provisions) Act 2006 (29/2006), s. 24(c), S.I. No. 605 of 2006.