Maritime Safety Act 2005

Seizure of craft in interests of safety, etc.

9

9.—(1) Where an authorised person or a member of the Garda Síochána has reasonable grounds for believing that a person is committing or has committed an offence under section 6, 8, 10, 23 or 24, he or she may—

(a) where he or she reasonably considers it is in the interests of public safety, or

(b) to prevent—

(i) a danger to persons or property or nuisance to persons, or

(ii) damage to or interference with a natural heritage area or a monument or wreck protected under the National Monuments Acts,

seize (using reasonable force, if necessary) and detain the craft to which the alleged offence relates until such time, in the interests of safety of persons or property in or on the waters concerned or to stop any nuisance to persons in or on the waters or to prevent damage to or interference with a natural heritage area or a monument or wreck protected under the National Monuments Acts, as the authorised person or member considers reasonable.

(2) Where a craft has been detained under subsection (1), a reasonable charge may be made for the craft to be released to cover any reasonable expenses involved in the seizure or detention.

Annotations

Amendments:

F8

Substituted by Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 (26/2023), s. 238(d), not commenced as of date of revision.

Modifications (not altering text):

C17

Prospective affecting provision: subs. (1) amended by Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 (26/2023), s. 238(d), not commenced as of date of revision.

(ii) damage to or interference with a natural heritage area or a monument or wreck protected under the F8[Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023],

seize (using reasonable force, if necessary) and detain the craft to which the alleged offence relates until such time, in the interests of safety of persons or property in or on the waters concerned or to stop any nuisance to persons in or on the waters or to prevent damage to or interference with a natural heritage area or a monument or wreck protected under the F8[Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023], as the authorised person or member considers reasonable.