16.— In this Chapter—

“accepted international certificate of fitness (IBC)” has the meaning assigned to it by section 19 (8);

“chemical tanker rules” means rules under section 18;

“international certificate of fitness (IBC)” has the meaning assigned to it by section 19(1);

“dangerous chemicals” means any liquid chemicals designated as presenting a safety hazard, based on the safety criteria for assigning products in Chapter 17 of the IBC Code or as provided for in the chemical tanker rules;

“IBC Code” means the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk adopted by the Maritime Safety Committee of the IMO by Resolution MSC.4(48) and as amended by—

(a) such committee by Resolutions MSC.10(54), MSC.14(57), MSC.16(58), MSC.28(61), MSC.50(66), MSC.58(67), MSC.102(73), MSC.176(79) and MSC.219(82), and

(b) the Marine Environment Protection Committee of the IMO by Resolutions MEPC.19(22), MEPC.32(27), MEPC.40(29), MEPC.55(33), MEPC.69(38), MEPC.73(39), MEPC.90(45) and MEPC.119(52);

“IMO” means the United Nations International Maritime Organisation;

“MARPOL Convention” means the International Convention for the Prevention of Pollution from Ships 1973, as amended by the Protocols of 1978 and 1997;

“noxious liquid substances” means any substance indicated in the Pollution Category column of chapters 17 or 18 of the IBC Code, or provisionally assessed under the provisions of regulation 6.3 of Annex II to the MARPOL Convention, as falling into categories X, Y or Z or as may be prescribed by the Minister in the chemical tanker rules.

17.— This Chapter applies to—

(a) Irish ships to which Part B of Chapter VII of the Annex to the Safety Convention applies engaged in the carriage of bulk cargoes of dangerous chemicals or noxious liquid substances other than petroleum or similar flammable products, and

(b) to any other ship to which such Part of that Chapter applies, engaged in such carriage while in any port in the State, unless it would not have been in such port but for stress of weather or any other circumstance that neither the master nor the owner of the ship could have prevented or forestalled.

18.— (1) The Minister may, in relation to any ships to which this Chapter applies, make rules (“chemical tanker rules”)—

(a) prescribing requirements for the hull, superstructure, subdivision and stability, electrical installation, equipment and machinery and fire protection of such ships,

(b) regulating repairs, alterations, modifications and outfitting relating thereto, and

(c) requiring any such ships which are Irish ships to be surveyed to such extent, and in such manner and at such intervals as may be prescribed.

(2) Without prejudice to subsection (1) chemical tanker rules may include requirements for all or any of the following matters—

(a) ship survival capability and location of cargo tanks,

(b) ship arrangement,

(c) cargo containment,

(d) cargo transfer,

(e) materials of construction, protective linings and coatings,

(f) cargo temperature control,

(g) cargo tank venting and gas-freeing arrangements,

(h) environmental control,

(i) electrical installations,

(j) fire protection and fire extinction,

(k) mechanical ventilation in the cargo area,

(l) instrumentation,

(m) personnel protection,

(n) special requirements and operational requirements, including training of on-board personnel,

(o) specification of carriage requirements for the carriage of particular products to which the IBC Code does not apply which may pose safety and pollution hazards where it is considered by the Minister that some safety precautions may be appropriate, and

(p) notification of accidents or defects.

(3) In making chemical tanker rules the Minister may categorise ships into different classes having regard to one or more of the following, where appropriate—

(a) the size, or configuration of such ships,

(b) the service for which such ships are to be employed,

(c) the nature and duration of voyages to be undertaken,

(d) the type of cargo carried including the severity of the environmental and safety hazards involved,

(e) the age and date of construction of ships, and

(f) such other matter or matters that the Minister considers appropriate to take into account in the circumstances.

(4) Different chemical tanker rules may be made for the carriage of bulk cargoes of different dangerous chemicals or noxious liquid substances carried by different classes of ships for different circumstances and for different areas of operation.

(5) Chemical tanker rules shall include such requirements as appear to the Minister to be necessary to implement the provisions of the Safety Convention, including the IBC Code, in relation to the carriage of bulk cargoes of dangerous chemicals or noxious liquids.

(6) The powers conferred on the Minister by this Chapter are in addition to the powers conferred by any other enactment enabling him or her to prescribe the requirements that ships to which this Chapter applies must comply with.

(7) (a) Subject to paragraph (b), where the chemical tanker rules require that a particular fitting, material, appliance, apparatus, item of equipment or type thereof shall be fitted or carried in a ship to which this section applies, or that any particular provision shall be made, or any procedure or arrangement shall be complied with, the Minister may allow any other fitting, material, appliance, apparatus, item of equipment, or type thereof to be fitted or carried, or any other provision, procedure or arrangement to be made in that ship, if he or she is satisfied, by trial thereof or otherwise, that such fitting, material, appliance, apparatus, item of equipment or type thereof or that any particular provision, procedure or arrangement is at least as effective as that required by the rules.

(b) Paragraph (a) does not allow operational methods or procedures to be made an alternative to a particular fitting, material, appliance, apparatus, item of equipment, or type thereof, unless provided for in the chemical tanker rules.

19.— (1) (a) Where after a declaration of survey, made by a surveyor of ships under the chemical tanker rules in respect of an Irish ship to which this Chapter applies, is received by the Minister and if he or she is satisfied that the ship complies with such rules as are relevant to the ship and provided, where relevant—

(i) a safety equipment certificate under section 22(1) of the Act of 1952, a radio certificate under section 23(1) of the Act of 1952 and a cargo ship safety construction certificate under section 4(1) of the Act of 1966, or

(ii) a cargo ship safety certificate under section 13 (1) of this Act,

is in force in respect of the ship, he or she shall issue, in respect of the ship, an International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk (“international certificate of fitness (IBC)”), in the form prescribed by the Minister in the chemical tanker rules.

(b) In this subsection “declaration of survey” means a declaration made under section 272 (as applied by section 27(2) of the Act of 1952 and section 3(4) of the Act of 1966) of the Principal Act.

(2) An Irish ship in respect of which an international certificate of fitness (IBC) is in force shall be subject to such further surveys as are provided for under the chemical tanker rules to ensure that the ship continues to comply with the requirements of such rules.

(3) Where following a survey referred to in subsection (2), the Minister is satisfied that the ship continues to comply with the requirements of the chemical tanker rules, he or she shall endorse the international certificate of fitness (IBC) to that effect.

(4) Subject to subsections (5) and (6), an international certificate of fitness shall be in force for a period not exceeding 5 years or such shorter period as may be specified in it. The certificate may be cancelled where the Minister is satisfied that the ship no longer complies with any of the requirements of the chemical tanker rules applicable to it.

(5) The Minister may extend the period for which an international certificate of fitness (IBC) under this Chapter may be in force, to a period not exceeding 5 years and 5 months as may be prescribed in the chemical tanker rules.

(6) An international certificate of fitness (IBC) ceases to be in force—

(a) if any relevant survey of the ship has not been completed within the periods specified for such survey as prescribed by the chemical tanker rules or as required under section 21(2)(b),

(b) if the certificate is not endorsed under subsection (3),

(c) upon transfer of the ship to the flag of another state, or

(d) upon any unapproved change to the ship referred to in section 21 (1).

(7) Sections 27(9) and 28(1) of the Act of 1952 apply in relation to international certificates of fitness (IBC) as they apply to a certificate the issue of which is authorised under that Act.

(8) Section 28(2) of the Act of 1952 applies in relation to international certificates of fitness (IBC) as it applies to a certificate issued under that Act and an International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk issued by the government of another country, other than the State, to which the Safety Convention applies, under the Safety Convention, in respect of a ship to which this Chapter applies, other than an Irish ship, and accepted as having the same force in the State as an international certificate of fitness (IBC) shall be referred to as an accepted international certificate of fitness (IBC).

(9) (a) A ship to which this Chapter applies must not proceed or attempt to proceed to sea without an international certificate of fitness (IBC) for the time being in force in respect of it.

(b) A ship which proceeds or attempts to proceed to sea without an international certificate of fitness (IBC) for the time being in force in respect of it in contravention of paragraph (a) shall be regarded as an unsafe ship for the purposes of Chapter 7.

(10) The reference to an international certificate of fitness (IBC) in subsection (9) and in sections 20(4) and 24(2)(a) and (c) shall, in the case of a ship to which this Chapter applies, other than an Irish ship, be construed as a reference to an accepted international certificate of fitness (IBC).

(11) The Minister may authorise on his or her behalf a person to issue, endorse, cancel or extend an international certificate of fitness (IBC).

20.— (1) It is the duty of the owner and master of an Irish ship to which this Chapter applies—

(a) to ensure that it complies with the chemical tanker rules, and

(b) to maintain such ship in conformity with the chemical tanker rules to ensure that the ship in all respects remains fit to operate without danger to the ship or the persons on board.

(2) It is the duty of the owner and master of an Irish ship to which this Chapter applies—

(a) before the ship is put into service,

(b) before the international certificate of fitness (IBC) is issued in its respect for the first time, and

(c) before the ship continues in service after the expiration of its international certificate of fitness (IBC),

to have the ship surveyed by a surveyor of ships or such other person as the Minister may authorise for such purpose, in accordance with the chemical tanker rules.

(3) It is the duty of the owner and master of an Irish ship to which this Chapter applies to have the ship surveyed under section 19(2) or section 21 (2) (b), where required.

(4) It is the duty of the master and owner of a ship to which this Chapter applies to ensure that an international certificate of fitness (IBC) for the time being in force in respect of the ship is available on board for examination at all times.

(5) (a) Without prejudice to section 23 of the Act of 2000, whenever an accident occurs to an Irish ship to which this Chapter applies, or a defect to such ship is discovered, either of which affects the safety of the ship or the efficiency or completeness of its life-saving appliances or other equipment required by the chemical tanker rules the master or owner of the ship must, at the earliest opportunity, report the matter to the Chief Surveyor or any other surveyor of ships in the Marine Survey Office, Department of Transport.

(b) In case the ship is in a port of a state to which the Safety Convention applies, other than the State, the owner or master must also report, at the earliest opportunity, to the appropriate authorities of the government of that state.

21.— (1) No change shall be made in the structure, equipment, fittings, arrangements and material covered by a survey under the chemical tanker rules, other than by direct replacement, without the approval of the Minister or a person authorised by him or her for such purpose.

(2) Following receipt of a report referred to in section 20(5)(a) the Chief Surveyor or other surveyor of ships notified shall—

(a) if the ship being an Irish ship is in the jurisdiction of another state to which the Convention applies, ensure that the matter is reported by the master or owner of the ship to the appropriate authorities of the government of that state, and

(b) arrange for any additional survey which in his or her opinion may be required in the circumstances under the chemical tanker rules.

22.— In the case of a transfer of an Irish ship to which this Chapter applies to the flag of a state to which the Safety Convention applies, being a party also to the MARPOL Convention, the Minister shall, if requested within 3 months of such transfer, transmit, as soon as possible, to the appropriate authorities of the government of such state, a copy of the international certificate of fitness (IBC) applicable to the ship before the transfer and, if available, copies of the relevant survey reports.

23.— (1) A surveyor of ships may board and inspect any ship to which this Chapter applies for the purpose of seeing that it complies with this Chapter and the chemical tanker rules.

(2) If a surveyor of ships finds that a ship fails to comply with any provisions of this Chapter or the chemical tanker rules he or she shall give a notice in writing to the owner or master stating in what respect the ship fails to comply with them.

(3) A surveyor of ships may board and inspect any ship for the purposes of seeing that a notice given under subsection (2) has been complied with.

(4) A surveyor of ships may for the purposes of an inspection make such tests (either on the ship or ashore or at dock), ask such questions, inspect such documents or records and have access to such parts of the ship as he or she considers appropriate for that purpose.

24.— (1) If an owner or master of a Irish ship to which this Chapter applies fails to comply with any of the duties required of him or her under section 20 (other than subsections (4) and (5) of that section) then the owner of the ship (if in fault) and the master of the ship (if in fault) commits an offence and is liable—

(a) on summary conviction, to a fine not exceeding €5,000, or

(b) on conviction on indictment, to a fine not exceeding €100,000.

(2) In the case of a ship to which this Chapter applies—

(a) an international certificate of fitness (IBC) for the time being in force in respect of the ship is not available on board for examination as required under section 20 (4),

(b) the owner or master of the ship, without reasonable excuse, fails to make a report as provided for in section 20(5)(a) or (b), or

(c) the ship proceeds or attempts to proceed to sea—

(i) without an international certificate of fitness (IBC) for the time being in force in respect of the ship in contravention of section 19(9)(a), or

(ii) being regarded as an unsafe ship under section 19(9)(b), in contravention of a notice of detention under section 66,

then the owner of the ship (if in fault) and the master of the ship (if in fault) commits an offence and is liable—

(i) in the case of an offence under paragraph (a) or (b), on summary conviction, to a fine not exceeding €5,000, and

(ii) in the case of an offence under paragraph (c), on summary conviction—

(I) to a fine not exceeding €5,000, or

(II) on conviction on indictment, to a fine not exceeding €100,000.

(3) If a ship, in respect of which a notice has been given to its owner or master under section 23 (2) which requires compliance with the rules before the ship proceeds to sea, proceeds or attempts to proceed to sea, without compliance as required in the notice, then the master or owner (as the case may be) commits an offence and is liable—

(a) on summary conviction, to a fine not exceeding €5,000, or

(b) on conviction on indictment, to a fine not exceeding €100,000.

25.— In this Chapter—

“accepted international certificate of fitness (IGC)” has the meaning assigned to it by section 28(8);

“international certificate of fitness (IGC)” has the meaning assigned to it by section 28(1)(a);

“liquefied gas” means any liquefied gases having a vapour pressure exceeding 2.8 bar absolute at a temperature of 37.8^OC and certain other substances as shown in Chapter 19 of the IGC Code, when carried in bulk or as may be prescribed by the Minister in the liquefied gas carriage rules;

“liquefied gas carriage rules” means rules under section 27;

“IGC Code” means the International Code for the Construction and Equipment of Ships carrying Liquefied Gases in Bulk adopted by the Maritime Safety Committee of the IMO by Resolution MSC.5(48) and as amended by such Committee by Resolutions MSC.17(58), MSC.30(61), MSC.32(63), MSC.59(67), MSC.103(73), MSC.177(79) and MSC.220(82);

“IMO” means the United Nations International Maritime Organisation.

26.— This Chapter applies to—

(a) Irish ships to which Part C of Chapter VII of the Annex to the Safety Convention applies, engaged in the carriage of cargoes of liquefied gases in bulk, and

(b) to any other ship to which such Part of such Chapter applies, engaged in such carriage while in any port in the State, unless it would not have been in such port but for stress of weather or any other circumstance that neither the master nor the owner of the ship could have prevented or forestalled.

27.— (1) The Minister may, in relation to any ships to which this Chapter applies, make rules (“liquefied gas carriage rules”)—

(a) prescribing requirements for the hull, superstructure, subdivision and stability, electrical installation, equipment and machinery and fire protection of such ships,

(b) regulating repairs, alterations, modifications and outfitting relating thereto, and

(c) requiring any such ships which are Irish ships to be surveyed to such extent, and in such manner and at such intervals as may be prescribed.

(2) Without prejudice to subsection (1) liquefied gas carriage rules may include requirements for all or any of the following matters—

(a) ship survival capability and location of cargo tanks,

(b) ship arrangement,

(c) cargo containment,

(d) process pressure vessels and liquid, vapour, and pressure piping systems,

(e) materials of construction,

(f) cargo pressure and temperature control,

(g) cargo tank vent systems,

(h) environmental control,

(i) electrical installations,

(j) fire protection and fire extinction,

(k) mechanical ventilation in the cargo area,

(l) instrumentation (gauging and gas detection),

(m) personnel protection,

(n) filling limits for cargo tanks,

(o) use of cargo as fuel,

(p) requirements for the carriage of particular cargoes,

(q) operating requirements including cargo information, compatibility of cargo to be carried, personnel training, entry into spaces, carriage of cargo at low temperatures, protection equipment, cargo emergency shutdown and alarm systems and cargo transfer operations, and

(r) notification of accidents or defects.

(3) In making liquefied gas tanker rules the Minister may categorise ships into different classes having regard to one or more of the following, where appropriate—

(a) the size, or configuration of such ships,

(b) the service for which such ships are to be employed,

(c) the nature and duration of voyages to be undertaken,

(d) the type of cargo carried including the severity of the environmental and safety hazards involved,

(e) the age and date of construction of ships, and

(f) such other matter or matters that the Minister considers appropriate to take into account in the circumstances.

(4) Different liquefied gas carriage rules may be made for the carriage of bulk cargoes of different liquefied gases carried by different classes of ships for different circumstances and for different areas of operation.

(5) Liquefied gas carriage rules shall include such requirements as appear to the Minister to be necessary to implement the provisions of the Safety Convention, including the IGC Code, in relation to the carriage of bulk cargoes of liquefied gases.

(6) The powers conferred on the Minister by this Chapter are in addition to the powers conferred by any other enactment enabling him or her to prescribe the requirements that ships to which this Chapter applies must comply with.

(7) (a) Subject to paragraph (b), where the liquefied gas carriage rules require that a particular fitting, material, appliance, apparatus, item of equipment or type thereof shall be fitted or carried in a ship to which this section applies, or that any particular provision shall be made, or any procedure or arrangement shall be complied with, the Minister may allow any other fitting, material, appliance, apparatus, item of equipment, or type thereof to be fitted or carried, or any other provision, procedure or arrangement to be made in that ship, if he or she is satisfied, by trial thereof or otherwise, that such fitting, material, appliance, apparatus, item of equipment or type thereof or that any particular provision, procedure or arrangement is at least as effective as that required by the rules.

(b) Paragraph (a) does not allow operational methods or procedures to be made an alternative to a particular fitting, material, appliance, apparatus, item of equipment, or type thereof, unless provided for in the liquefied gas carriage rules.

28.— (1) (a) Where after a declaration of survey, made by a surveyor of ships under the liquefied gas carriage rules in respect of an Irish ship to which this Chapter applies, is received by the Minister and if he or she is satisfied that the ship complies with such rules as are relevant to the ship and provided, where relevant—

(i) a safety equipment certificate under section 22(1) of the Act of 1952, a radio certificate under section 23(1) of the Act of 1952 and a cargo ship safety construction certificate under section 4(1)(a) of the Act of 1966, or

(ii) a cargo ship safety certificate under section 13(1) of this Act,

is in force in respect of the ship, he or she shall issue, in respect of such ship, an International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk (“international certificate of fitness (IGC)”), in the form prescribed by the Minister in the liquefied gas carriage rules.

(b) In this subsection “declaration of survey” means a declaration made under section 272 (as applied by section 27(2) of the Act of 1952 and section 3(4) of the Act of 1966) of the Principal Act.

(2) An Irish ship in respect of which an international certificate of fitness (IGC) is in force shall be subject to such further surveys as are provided for under the liquefied gas carriage rules to ensure that the ship continues to comply with the requirements of those rules.

(3) Where following a survey referred to in subsection (1), the Minister is satisfied that the ship continues to comply with the requirements of the liquefied gas carriage rules, he or she shall endorse the international certificate of fitness (IGC) to that effect.

(4) Subject to subsections (5) and (6), an international certificate of fitness (IGC) shall be in force for a period not exceeding 5 years or such shorter period as may be specified in it and may be cancelled where the Minister is satisfied that the ship no longer complies with any of the requirements of the liquefied gas carriage rules applicable to it.

(5) The Minister may extend the period for which an international certificate of fitness (IGC) may be in force to a period not exceeding 5 years and 5 months as may be prescribed in the liquefied gas carriage rules.

(6) An international certificate of fitness (IGC) ceases to be in force—

(a) if any relevant survey of the ship has not been completed within the periods specified for such survey as prescribed by the liquefied gas carriage rules or as required under section 30(2)(b),

(b) if the certificate is not endorsed under subsection (3),

(c) upon transfer of the ship to the flag of another state, or

(d) upon any unapproved change to the ship referred to in section 30(1).

(7) Sections 27(9) and 28(1) of the Act of 1952 apply in relation to international certificates of fitness (IGC) as they apply to a certificate the issue of which is authorised under that Act.

(8) Section 28(2) of the Act of 1952 applies in relation to international certificates of fitness (IGC) as it applies to a certificate issued under that Act and an International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk issued by the government of another country, other than the State, to which the Safety Convention applies, under such Safety Convention, in respect of a ship to which this section applies, other than an Irish ship, and accepted as having the same force in the State as an international certificate of fitness (IGC) shall be referred to as an accepted international certificate of fitness (IGC).

(9) (a) A ship to which this Chapter applies must not proceed or attempt to proceed to sea without an international certificate of fitness (IGC) for the time being in force in respect of the ship.

(b) If a ship to which this Chapter applies proceeds, or attempts to proceed, to sea without a valid international certificate of fitness (IGC) for the time being in force in respect of the ship in contravention of paragraph (a) it shall be regarded as an unsafe ship for the purposes of Chapter 7 .

(10) The reference to an international certificate of fitness (IGC) in subsection (9) and in section 29(4) and 33(2)(a) and (c) shall, in the case of a ship to which this Chapter applies, other than an Irish ship, be construed as a reference to an accepted international certificate of fitness (IGC).

(11) The Minister may authorise on his or her behalf any person for the purpose of issuing, endorsing, cancelling or extending an international certificate of fitness (IGC).

29.— (1) It is the duty of the owner and master of an Irish ship to which this Chapter applies—

(a) to ensure that it complies with the liquefied gas carriage rules, and

(b) to maintain such ship in conformity with the liquefied gas carriage rules to ensure that the ship in all respects remains fit to operate without danger to the ship or the persons on board.

(2) It is the duty of the owner and master of an Irish ship to which this Chapter applies—

(a) before the ship is put into service,

(b) before the international certificate of fitness (IGC) is issued in its respect for the first time, and

(c) before the ship continues in service following the expiration of its international certificate of fitness (IGC),

to have the ship surveyed by a surveyor of ships or such other person as the Minister may authorise for that purpose, in accordance with the liquefied gas carriage rules.

(3) It is the duty of the owner and master of an Irish ship to which this Chapter applies to have it surveyed under section 28(2) or section 30 (2) (b), where required.

(4) It is the duty of the owner and master of a ship to which this Chapter applies to ensure that an international certificate of fitness (IGC) for the time being in force in respect of the ship is available on board for examination at all times.

(5) (a) Without prejudice to section 23 of the Act of 2000, whenever an accident occurs to an Irish ship to which this section applies, or a defect to such ship is discovered, either of which affects the safety of the ship or the efficiency or completeness of its life-saving appliances or other equipment required by the liquefied gas carriage rules the master or owner of the ship must, at the earliest opportunity, report the matter to the Chief Surveyor or any other surveyor of ships in the Marine Survey Office, Department of Transport.

(b) In case the ship is in a port of a state to which the Safety Convention applies other than the State, the master or owner must also report, at the earliest opportunity, to the appropriate authorities of the government of that state.

30.— (1) No change shall be made in the structure, equipment, fittings, arrangements and material covered by a survey under liquefied gas carriage rules made under this Chapter, other than by direct replacement, without the approval of the Minister or a person authorised by him or her for such purpose.

(2) Following receipt of a report referred to in section 29(5)(a) the Chief Surveyor or other surveyor of ships notified must—

(a) if the ship is in the jurisdiction of another state to which the Convention applies, ensure that the matter is reported by the master or owner of the ship to the appropriate authorities of the government of that state, and

(b) arrange for any additional survey which in his or her opinion may be required in the circumstances under the liquefied gas carriage rules.

31.— In the case of a transfer of an Irish ship to which this Chapter applies to the flag of a country to which the Safety Convention applies the Minister shall, if requested within 3 months of such transfer, transmit, as soon as possible, to the appropriate authorities of the government of such country, a copy of the certificate of fitness (IGC) applicable to the ship before the transfer and, if available, copies of the relevant survey reports.

32.— (1) A surveyor of ships may board and inspect any ship to which this Chapter applies for the purpose of seeing that it complies with this Chapter and the liquefied gas carriage rules.

(2) If a surveyor of ships finds that a ship fails to comply with any provisions of this Chapter or the liquefied gas carriage rules he or she shall give a notice in writing to the owner or master stating in what respect the ship fails to comply with them.

(3) A surveyor of ships may board and inspect any ship for the purposes of seeing that a notice given under subsection (2) has been complied with.

(4) A surveyor of ships may for the purposes of an inspection make such tests (either on the ship or ashore or at dock), ask such questions, inspect such documents or records and have access to such parts of the ship as he or she considers appropriate for that purpose.

33.— (1) If an owner or master of a ship to which this Chapter applies fails to comply with the duties required of him or her under section 29 (other than subsections (4) and (5) of that section) then the owner of the ship (if in fault) and the master of the ship (if in fault) commits an offence and is liable—

(a) on summary conviction, to a fine not exceeding €5,000, or

(b) on conviction on indictment, to a fine not exceeding €100,000.

(2) In the case of a ship to which this Chapter applies—

(a) an international certificate of fitness (IGC) for the time being in force in respect of the ship is not available on board for examination in contravention of section 29 (4),

(b) the owner or master of the ship, without reasonable excuse, fails to make a report as provided for in section 29(5)(a) or (b), or

(c) the ship proceeds or attempts to proceed to sea—

(i) without an international certificate of fitness (IGC) for the time being in force in respect of the ship in contravention of section 28(9)(a), or

(ii) being regarded as an unsafe ship under section 28(9)(b), in contravention of a notice of detention under section 66,

then the owner of the ship (if in fault) and the master of the ship (if in fault) commits an offence and is liable—

(i) in the case of an offence under paragraph (a) or (b), on summary conviction, to a fine not exceeding €5,000, and

(ii) in the case of an offence under paragraph (c)—

(I) on summary conviction, to a fine not exceeding €5,000, or

(II) on conviction on indictment, to a fine not exceeding €100,000.

(3) If a ship, in respect of which a notice has been given to its owner or master under section 32(2) which requires compliance with the rules in accordance with the notice before the ship proceeds to sea, proceeds or attempts to proceed to sea, without compliance as required in the notice, then the owner or master (as the case may be) commits an offence and is liable—

(a) on summary conviction, to a fine not exceeding €5,000, or

(b) on conviction on indictment, to a fine not exceeding €100,000.

34.— In this Chapter—

“accepted international certificate of fitness (INF)” has the meaning assigned to it by section 37(7)(b);

“international certificate of fitness (INF)” has the meaning assigned to it by section 37(1)(a);

“high-level radioactive wastes” means liquid wastes resulting from the operation of the first stage extraction system or the concentrated wastes from subsequent extraction stage, in a facility for reprocessing irradiated nuclear fuel, or solids into which such liquid wastes have been converted;

“IMO” means the United Nations International Maritime Organisation;

“incident” means any occurrence or series of occurrences, including loss of container integrity, having the same origin which results or may result in a cargo release (through escape from its containment system or the loss of a cargo package), or probable cargo release of packaged irradiated nuclear fuel, plutonium or high-level radioactive wastes;

“INF Code” means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive Wastes on Board Ships, adopted by the Maritime Safety Committee of the IMO by Resolution MSC.88(71) and as amended by such committee by Resolutions MSC.118(74), MSC.135(76) and MSC.178(79);

“nuclear cargo” means packaged irradiated nuclear fuel, plutonium or high-level radioactive wastes carried as cargo;

“plutonium” means the resultant mixture of isotopes of that material extracted from irradiated nuclear fuel from reprocessing;

“irradiated nuclear fuel” means material containing uranium, thorium and/or plutonium isotopes which has been used to maintain a self-sustaining nuclear chain reaction.

35.— This Chapter applies to—

(a) Irish ships to which Part D of Chapter VII of the Annex to the Safety Convention applies, engaged or intending to be engaged, in the carriage of nuclear cargo, and

(b) to any other ship to which such Part of such Chapter applies, engaged in such carriage while in any port in the State, unless the ship would not have been in any such port but for stress of weather or any other circumstance that neither the master nor the owner of the ship could have prevented or forestalled.

36.— (1) The Minister may make rules (“nuclear carriage rules”) prescribing requirements for the carriage by ships to which this Chapter applies of nuclear cargo, and requiring any such ships which are Irish ships to be surveyed to such extent and in such manner and at such intervals, as may be prescribed.

(2) Without prejudice to subsection (1) nuclear carriage rules may include requirements for all or any of the following matters—

(a) damage stability,

(b) fire safety measures,

(c) temperature control of cargo spaces,

(d) structural considerations,

(e) cargo securing arrangements,

(f) electrical power supply,

(g) radiological protection,

(h) management and training,

(i) shipboard emergency plan,

(j) notification of an incident involving ships’ cargoes to which the nuclear carriage rules apply,

(k) on-board documentation of cargo to which the nuclear carriage rules apply, and

(l) emergency response and medical first aid relevant to incidents involving nuclear cargo.

(3) In making nuclear carriage rules the Minister may categorise ships into different classes having regard to one or more of the following, where appropriate—

(a) the nature of the cargo to which the nuclear carriage rules apply and the amount of radiation being given off, or emitted, therefrom measured in Becquerel (Bq), and

(b) the service for which such ships are to be employed, and such other matter or matters that the Minister considers appropriate to take into account in the circumstances.

(4) Different nuclear carriage rules may be made for the carriage of different nuclear cargo by different classes of ships for different circumstances and for different areas of operation.

(5) Nuclear carriage rules shall include such requirements as appear to the Minister to be necessary to implement the provisions of the Safety Convention, including the INF code, in relation to the carriage of nuclear cargo.

(6) The powers conferred on the Minister by this Chapter are in addition to the powers conferred by any other enactment enabling him or her to prescribe the requirements that ships to which this Chapter applies must comply with.

37.— (1) (a) Where after a declaration of survey, made by a surveyor of ships under the nuclear carriage rules in respect of an Irish ship to which this Chapter applies, is received by the Minister and if he or she is satisfied that the ship complies with the nuclear carriage rules relevant to the ship and provided, where relevant—

(i) in case the ship is a passenger ship, a general safety certificate under section 20(1) of the Act of 1952, and

(ii) in any other case, a safety equipment certificate under section 22(1) of the Act of 1952, a radio certificate under section 23(1) of the Act of 1952 and a cargo ship safety construction certificate under section 4(1) of the Act of 1966 or a cargo ship safety certificate under section 13 (1) of this Act,

is in force in respect of the ship, he or she shall on application of the owner, issue, in respect of such ship an International Certificate of Fitness for the Carriage of INF Cargo (“international certificate of fitness (INF)”), in the form provided for in the nuclear carriage rules.

(b) In this subsection “declaration of survey” means a declaration made under section 272 (as applied by section 27(2) of the Act of 1952 and section 3(4) of the Act of 1966) of the Principal Act.

(2) An Irish ship in respect of which an international certificate of fitness (INF) is in force shall be subject to such further surveys as are provided for under the nuclear carriage rules to ensure that the ship continues to comply with the requirements of such rules.

(3) Subject to subsections (4) and (5), an international certificate of fitness (INF) shall be in force for a period not exceeding 1 year or such shorter period as may be specified in it and may be cancelled where the Minister is satisfied that the ship no longer complies with any of the requirements of the nuclear carriage rules.

(4) The Minister or such person as he or she may authorise for the purpose, may extend the period for which an international certificate under this Chapter may be in force, to a period not exceeding 1 year and 5 months as may be specified in the nuclear carriage rules.

(5) An international certificate of fitness (INF) ceases to be in force—

(a) if any relevant survey of the ship has not been completed within the period specified for such survey as prescribed by the nuclear carriage rules or as required under section 39(2)(b),

(b) if, following any inspection or survey, the Minister is not satisfied that the ship continues to comply substantially with the requirements of the nuclear carriage rules for such ships, or

(c) if, any of the certificates referred to in subsection (1)(a)(i) or (ii), as are relevant to the ship, cease to be in force in respect of such ship—

(i) upon any unapproved change to the ship referred to in section 39(1), or

(ii) upon transfer of the ship to another state.

(6) (a) A ship to which this Chapter applies must not operate to carry nuclear cargo or proceed, or attempt to proceed, to sea without an international certificate of fitness (INF) for the time being in force.

(b) If a ship to which this Chapter applies operates to carry nuclear cargo or proceeds, or attempts to proceed, to sea without a valid international certificate of fitness (INF) for the time being in force in respect of the ship it shall be regarded as an unsafe ship for the purposes of Chapter 7.

(7) (a) Sections 27(9) and 28(1) of the Act of 1952 apply in relation to international certificates of fitness (INF) as they apply to a certificate authorised under that Act.

(b) Section 28(2) of the Act of 1952 applies in relation to international certificates of fitness (INF) as it applies to a certificate issued under that Act and any corresponding International Certificate of Fitness for the Carriage of INF Cargo issued by the government of another country, other than the State, to which the Safety Convention applies, under such Convention, in respect of a ship to which this section applies, other than an Irish ship, and accepted as having the same force in the State as a certificate of fitness (INF) shall be referred to as an accepted certificate of fitness (INF).

(8) The reference to an international certificate of fitness (INF) in subsection (6) and sections 38(4) and 41(2)(a) or (c) shall, in the case of a ship to which this Chapter applies, other than an Irish ship, be construed as a reference to an accepted international certificate of fitness (INF).

(9) The Minister may authorise on his or her behalf a person to issue, cancel or extend an international certificate of fitness (INF).

38.— (1) It is the duty of the owner and master of an Irish ship to which this Chapter applies—

(a) to ensure that it complies with the nuclear carriage rules, and

(b) to maintain such ship in conformity with the nuclear carriage rules to ensure that the ship in all respects remains fit to operate without danger to the ship or the persons on board.

(2) It is the duty of the owner and master of an Irish ship to which this Chapter applies—

(a) before the carriage of nuclear cargo takes place and before the international certificate of fitness (INF) is issued in its respect for the first time, and

(b) before the ship continues to be engaged in the carriage of nuclear cargo following the expiration of its international certificate of fitness (INF),

to have the ship surveyed by a surveyor of ships or such other person as the Minister may authorise for that purpose, in accordance with the nuclear carriage rules.

(3) It is the duty of the owner and master of an Irish ship to which this Chapter applies to have it surveyed under section 37(2) or section 39(2)(b), where required.

(4) It is the duty of the owner and master of a ship to which this Chapter applies to ensure that an international certificate of fitness (INF) for the time being in force in respect of the ship is available on board for examination at all times.

(5) (a) Without prejudice to section 23 of the Act of 2000, whenever an incident or accident occurs to an Irish ship to which this Chapter applies, or a defect is discovered, either of which affects the safety of the ship or the efficiency or completeness of its life-saving appliances, or other equipment required by the nuclear carriage rules, the master or owner of the ship must, at the earliest opportunity, report the matter to the Chief Surveyor or any other surveyor in the Marine Survey Office, Department of Transport.

(b) In case the ship is in a port of a state to which the Safety Convention applies, other than the State, the owner or master must also report, at the earliest opportunity, to the appropriate authorities of the government of that state.

39.— (1) No change shall be made to an Irish ship to which this Chapter applies in regard to carriage of cargo to which the nuclear carriage rules apply, other than by direct replacement, unless approved by a surveyor of ships or such person as the Minister may authorise for the purpose.

(2) Following receipt of a report referred to in section 38(5)(a) the Chief Surveyor or other surveyor of ships notified shall:

(a) if the ship is in the jurisdiction of another state to which the Convention applies, ensure that the matter is reported by the master or owner of the ship to the appropriate authorities of the government of that state, and

(b) arrange for any additional survey which in his or her opinion may be required in the circumstances under the nuclear carriage rules.

40.— (1) A surveyor of ships may board and inspect any ship for the purpose of seeing that it complies with this Chapter and the nuclear carriage rules.

(2) If a surveyor of ships finds that a ship to which this Chapter applies fails to comply with any provisions of this Chapter or relevant requirements of the nuclear carriage rules he or she shall give a notice in writing to the owner or master stating in what respect the ship fails to comply with them.

(3) A surveyor of ships may board and inspect any ship for the purposes of seeing that a notice under this section has been complied with.

(4) A surveyor of ships may for the purposes of an inspection make such tests (either on the ship or ashore or at dock), ask such questions, inspect such documents or records and have access to such parts of the ship as he or she considers appropriate for that purpose.

41.— (1) If an owner or master of a ship to which this Chapter applies fails to comply with any of the duties required of him or her under section 38 (other than subsections (4) and (5) of that section) then the owner of the ship (if in fault) and the master of the ship (if in fault) commits an offence and is liable—

(a) on summary conviction, to a fine not exceeding €5,000, or

(b) on conviction on indictment, to a fine not exceeding €100,000.

(2) In the case of a ship to which this Chapter applies—

(a) an international certificate of fitness (INF) for the time being in force in respect of the ship is not available on board for examination in contravention of section 38 (4),

(b) the owner or master of the ship, without reasonable excuse, fails to make a report as provided for in section 38(5)(a) and (b), or

(c) the ship operates to carry nuclear cargo or attempts to operate or proceeds, or attempts to proceed, to sea—

(i) without an international certificate of fitness (INF) for the time being in force in respect of the ship in contravention of section 37(6)(a), or

(ii) being regarded as an unsafe ship under section 37(6)(b), in contravention of a notice of detention under section 66,

then the owner (if in fault) and the master (if in fault) commits an offence and is liable—

(i) in the case of an offence under paragraph (a) or (b), on summary conviction, to a fine not exceeding €5,000, or

(ii) in the case of an offence under paragraph (c)—

(I) on summary conviction to a fine not exceeding €5,000, or

(II) on conviction on indictment to a fine not exceeding €100,000.

(3) If a ship, in respect of which a notice has been given to its owner or master under section 40(2) which requires compliance with the rules before the ship proceeds to sea, proceeds or attempts to proceed to sea, without compliance as required in the notice, then the master or owner (as the case may be) commits an offence and is liable—

(a) on summary conviction, to a fine not exceeding €5,000, or

(b) on conviction on indictment, to a fine not exceeding €100,000.

42.— In this Chapter—

“accepted high-speed craft safety certificate” has the meaning assigned to it by section 45(7)(b);

“date constructed” in relation to a ship to which this Chapter applies, means the date the keel of which was laid or was at a similar stage of construction;

“High-Speed Craft Code 1994” means the International Code of Safety for High-Speed Craft adopted by the Maritime Safety Committee of the Organisation by Resolution MSC.36(63) as amended by the Maritime Safety Committee of the Organisation by Resolutions MSC.119(74), MSC.174(79) and MSC.221(82);

“High-Speed Craft Code 2000” means the International Code of Safety for High-Speed Craft, 2000 adopted by the Maritime Safety Committee of the Organisation by Resolution MSC.97(73) as amended by the Maritime Safety Committee of the Organisation by Resolutions MSC.175(79) and MSC.222(82);

“high-speed craft” means a ship capable of a maximum speed, in metres per second (m/s), equal to or exceeding:

3.7Δ^0.1667 where

Δ = volume of displacement corresponding to the design waterline (m³);

but does not include craft the hull of which is supported completely clear above the water surface in non-displacement mode by aerodynamic forces generated by ground effect;

“high-speed craft safety certificate” has the meaning assigned to it by section 45(1)(a);

“high-speed craft rules” means rules made under section 44;

“maximum speed” means the speed achieved at the maximum continuous propulsion power for which the craft is certified at maximum operational weight and in smooth water;

“permit to operate (HSC)” has the meaning assigned to it by section 45(3)(a);

“place of refuge” means any naturally or artificially sheltered area which may be used as a shelter by a ship to which this section applies under conditions likely to endanger its safety;

“similar stage of construction” means the stage at which construction identifiable with a specific ship begins, and assembly of that ship has commenced comprising at least 50 tonnes or 3 per cent of the estimated mass of all structural material, whichever is the less;

“transit voyage” means a voyage for the purpose of delivery or repositioning of a ship.

43.— (1) (a) Subject to paragraph (b), this Chapter applies to Irish ships which are high-speed craft constructed—

(i) on or after 1 January 1996 and before 1 July 2002 under the High-Speed Craft Code 1994 or on or after 1 July 2002 under the High-Speed Craft Code 2000, and

(ii) to any other ship so constructed, while it is within any port in the State, unless it would not have been in any such port but for stress of weather or any other circumstance that neither the master nor the owner of the ship could have prevented or forestalled,

and which does not proceed in the course of its voyage—

(I) where the ship is a passenger ship, more than 4 hours at 90 per cent of maximum speed from a place of refuge, and

(II) in any other case, being of 500 gross tonnage and upwards, more than 8 hours at 90 per cent of maximum speed from a place of refuge when fully laden.

(b) Paragraph (a) does not apply to—

(i) high-speed passenger craft to which Article 3 of Directive 2009/45/EC of the European Parliament and of the Council of 6 May 2009 ¹ on safety rules and standards for passenger ships (recast) applies, or

(ii) ships of war, troopships, fishing vessels and pleasure yachts not engaged in trade.

(2) The following do not apply to a ship to which this Chapter applies, namely—

(a) rules made under—

(i) section 10, 15, or 18 of the Act of 1952,

(ii) section 3 of the Act of 1966, and

(iii) section 82 or 84 of this Act,

(b) the issue of a general certificate, short voyage safety certificate, a qualified safety certificate or a qualified short voyage safety certificate as referred to in section 20 of the Act of 1952,

(c) the issue of a safety equipment certificate under section 22 or of a radio certificate under section 23 of the Act of 1952,

(d) the issue of a cargo ship safety construction certificate under section 4 of the Act of 1966,

(e) the issue of a passenger ship’s certificate under section 8 of the Act of 1992 or under that section as applied by the European Communities (Passenger Ships) Regulations 2004 (S.I. No. 716 of 2004),

(f) the issue of a cargo ship safety certificate under section 13 of this Act, and

(g) the provisions of—

(i) section 26 of the Act of 1952, and

(ii) section 12 of the Act of 1992.

44.— (1) The Minister may, in relation to any ships to which this Chapter applies, make rules ( “high-speed craft rules” ) prescribing requirements for—

(a) the design, construction, machinery of and fuel used in, equipment, subdivision and stability, electrical installations, fire protection, life-saving appliances and arrangements, navigation and tracking, and radio communications of such ships,

(b) the management, operation and maintenance of such ships,

(c) repairs, alterations, modifications and outfitting related to it, and

(d) such ships to be surveyed to such extent, and in such manner and at intervals as may be prescribed by the rules.

(2) Without prejudice to subsection (1) high-speed craft rules may include requirements for all or any of the following matters—

(a) buoyancy and stability of the ship,

(b) structure of the ship,

(c) accommodation and escape measures,

(d) directional control, anchoring, towing and berthing of the ship,

(e) fire safety and life saving appliances and arrangements,

(f) machinery, auxiliary systems, remote control, alarm and safety systems,

(g) electrical installations, shipborne navigational systems and equipment and voyage data recorders,

(h) radiocommunications,

(i) navigation and tracking systems and equipment and voyage data recorders,

(j) operating compartment layout,

(k) stabilisation systems, handling, controllability and performance of the ship,

(l) operational limits and requirements including craft operational control, recording of passenger details, training and qualifications of crew, manning survival craft and supervision, emergency instructions and drills,

(m) inspection and maintenance requirements,

(n) ship’s management,

(o) carriage on board of adequate information and guidance in the form of technical manuals to enable the ship to be operated and maintained safely,

(p) notification of accidents or defects,

(q) format for high-speed craft safety certificates and permit to operate (HSC), and

(r) conditions and procedures relating to the application for and grant of permit to operate (HSC).

(3) In making high-speed craft rules the Minister may categorise ships into different classes having regard to one or more of the following, where appropriate—

(a) the service for which such ships are to be employed,

(b) the nature and duration of voyages to be undertaken,

(c) the type and quantity of cargo such ships are designed to carry on board,

(d) the age and date of construction of such ships,

(e) the number of passengers or other persons, or both, that such ships are designed to carry on board, and

(f) such other matter or matters that the Minister considers appropriate to take into account in the circumstances.

(4) Different high-speed craft rules may be made in respect of different classes of ship for different circumstances and for different areas of operation.

(5) High-speed craft rules shall include such requirements as appear to the Minister to be necessary to implement the provisions of the Safety Convention, including the HSC codes, in relation to high-speed craft.

(6) Subject to subsection (2), the powers conferred on the Minister by this Chapter are in addition to the powers conferred by any other enactment enabling him or her to prescribe the requirements that ships to which this Chapter applies must comply with.

45.— (1) (a) Where after a declaration of survey, made by a surveyor of ships following a survey under the high-speed craft rules of an Irish ship to which this Chapter applies, is received by the Minister and if he or she is satisfied that the ship complies with such rules as are relevant to such ship, he or she shall issue, in respect of the ship, a certificate ( “high-speed craft safety certificate” ) in the form prescribed in the high-speed craft rules.

(b) In this subsection “declaration of survey” means a declaration made under section 272 (as applied by section 27(2) of the Act of 1952 and section 3(4) of the Act of 1966) of the Principal Act.

(c) A survey under paragraph (a), subsection (2)(a) and (b) and sections 46(2) and 47(3)(b) includes a survey by a radio surveyor, within the meaning of section 16 of the Act of 1952.

(2) (a) An Irish ship in respect of which a high-speed craft safety certificate is in force shall be subject to such further survey or surveys as are provided for in the high-speed craft rules to ensure that the ship continues to comply with the requirements of such rules.

(b) Where, following a survey referred to in paragraph (a), the Minister is satisfied that the ship continues to comply with the requirements of the high-speed craft rules he or she shall endorse the high-speed craft safety certificate to that effect.

(3) (a) Subject to paragraph (b), the Minister may issue in respect of an Irish ship to which this Chapter applies and for which there is a high-speed craft safety certificate for the time being in force, a permit to operate a high-speed craft (“permit to operate (HSC)”), in the form prescribed in the high-speed craft rules, stipulating the conditions of operation for such ship, where he or she is satisfied that the requirements of the high-speed craft rules relevant to the ship in relation to the issue of such a permit, are being complied with.

(b) Before a permit to operate (HSC) is issued to a ship to which this Chapter applies which is intended to operate on international voyages, the Minister, or such person as he or she may have appointed for that purpose, shall consult with the appropriate authorities of the government of each state to which the ship is to voyage, to obtain details of any operational conditions associated with the operation of the ship in that state which they may require and these operational conditions shall be included in the permit to operate (HSC).

(4) (a) Subject to paragraph (b), an Irish ship to which this Chapter applies—

(i) must not proceed or attempt to proceed to sea unless a high-speed craft safety certificate for the time being in force in respect of the ship, and

(ii) must not operate or attempt to operate to carry passengers or cargo unless a permit to operate (HSC) for the time being in force in respect of the ship in relation to such carriage,

is in force in relation to it.

(b) A ship to which this Chapter applies may undertake transit voyages without a permit to operate (HSC) for the time being in force in respect of the ship provided there is a high-speed craft safety certificate for the time being in force in relation to it, and—

(i) the ship is not transporting passengers or cargo,

(ii) the owner has developed a safety plan for the voyage,

(iii) the master is provided with the materials and information necessary to operate the ship safely during the voyage, and

(iv) the Minister, or such person as he or she may authorise for the purpose, is satisfied that arrangements have been made for the safe conduct of the voyage.

(c) An Irish ship which—

(i) proceeds, or attempts to proceed, to sea without a high-speed craft safety certificate for the time being in force in respect of the ship in contravention of paragraph (a)(i),

(ii) operates, or attempts to operate, to carry passengers or cargo without a permit to operate (HSC) for the time being in force in respect of the ship in contravention of paragraph (a)(ii), or

(iii) undertakes transit voyages in contravention of paragraph (b),

shall be regarded as an unsafe ship for the purposes of Chapter 7 .

(5) (a) Subject to paragraphs (b) and (c), a high-speed craft safety certificate shall be in force for a period not exceeding 5 years or such shorter period as may be specified in it. The certificate may be cancelled where the Minister, or such person as he or she may authorise for the purpose, is satisfied that the ship no longer complies with any of the requirements of the high-speed craft rules applicable to it.

(b) The Minister may extend the period for which a high-speed craft safety certificate may be in force subject to a maximum period not exceeding 5 years and 5 months as may be prescribed in the high-speed craft rules.

(c) A high-speed craft safety certificate ceases to be in force—

(i) if any relevant survey of it has not been completed within the periods specified for such survey as prescribed by the high-speed craft rules or as required under section 47(3)(b),

(ii) if such certificate is not endorsed under subsection (2)(b),

(iii) upon any unapproved alteration affecting the safety or certification of the ship in contravention of section 47(1)(a), or

(iv) upon transfer of the ship to the flag of another state.

(6) (a) Subject to paragraphs (b) and (c), a permit to operate (HSC) is in force for a period not exceeding 5 years or such shorter period as may be specified in it and may be cancelled where the Minister is satisfied that the conditions for the grant of such permit are no longer being complied with.

(b) The Minister may extend the period for which a permit to operate (HSC) under this Chapter may be in force subject to an overall maximum period of validity of 5 years and 5 months for any such permit.

(c) A permit to operate (HSC) in respect of a ship to which this Chapter applies ceases to be in force whenever the high-speed craft safety certificate for such ship ceases to be in force.

(7) (a) Sections 27(9) and 28(1) of the Act of 1952 apply in relation to high-speed craft safety certificates as they apply to a certificate the issue of which is authorised under that Act.

(b) Section 28(2) of the Act of 1952 applies in relation to high-speed craft safety certificates as it applies to a certificate issued under that Act and a high-speed craft safety certificate issued by the government of another country, other than the State, to which the Safety Convention applies, under such Safety Convention, in respect of a ship to which this Chapter applies, other than an Irish ship, and accepted as having the same force in the State as a high-speed craft safety certificate shall be referred to as an accepted high-speed craft safety certificate.

(8) (a) The references to a high-speed craft safety certificate in subsection (4)(a)(i), (7), and section 49(2)(a) and (d), shall, in the case of a ship other than an Irish ship, be read as meaning an accepted high-speed craft safety certificate.

(b) The references to a permit to operate (HSC) in subsection (4)(a)(ii) and in section 49(2)(b) and (e) shall, in the case of a ship to which this Chapter applies, other than an Irish ship, be construed as meaning a permit for the time being in force to operate a high-speed craft issued by the appropriate authorities of the government of a state to which the Safety Convention applies, other than the State, in accordance with the High-Speed Craft Code 1994 or the High-Speed Craft Code 2000.

(9) The Minister may authorise on his or her behalf a person to issue, endorse, cancel or extend a high-speed craft safety certificate or a permit to operate (HSC).

46.— (1) It is the duty of the owner and master of an Irish ship to which this Chapter applies—

(a) to ensure it complies with the requirements of the high-speed craft rules, and

(b) to maintain such ship in conformity with the high-speed craft rules to ensure that the ship in all respects remains fit to operate without danger to the ship or the persons on board.

(2) It is the duty of the owner and master of an Irish ship to which this Chapter applies—

(a) before the ship is put into service,

(b) before the high-speed craft safety certificate is issued in its respect for the first time, and

(c) before the ship continues in service after the expiration of its high-speed craft safety certificate,

to have the ship surveyed by a surveyor of ships and a radio surveyor or such other person or persons as the Minister may authorise for such purpose, in accordance with the high-speed craft rules.

(3) It is the duty of the owner and master of an Irish ship to which this Chapter applies to have it surveyed under section 45(2)(a) or section 47(3)(b) where required.

(4) (a) Without prejudice to section 23 of the Act of 2000, whenever an accident occurs to an Irish ship to which this Chapter applies, or a defect to such ship is discovered, either of which affects the safety of the ship or the efficiency or completeness of its structure, equipment, fittings, arrangements and materials, the owner or master of the ship must, at the earliest opportunity, report the matter to the Chief Surveyor or any other surveyor of ships in the Marine Survey Office, Department of Transport.

(b) In the case that the ship is in a port of a state to which the Safety Convention applies, other than the State, the owner or master must also report at the earliest opportunity to the appropriate authorities of the government of that state.

(5) It is the duty of the owner and master of an Irish ship to which this Chapter applies—

(a) to ensure that it complies with section 45 (4),

(b) to ensure that the permit to operate (HSC) is available on board for examination at all times, and

(c) to ensure that the high-speed craft safety certificate is available on board for examination at all times.

47.— (1) (a) No change shall be made in the structure, equipment, fittings, arrangements and material of a ship covered by a survey under the high-speed craft rules, other than by direct replacement, without the approval of the Minister or a person authorised by him or her for such purpose.

(b) Repairs, alterations and modifications of a major character, and outfitting related thereto, in relation to a ship to which this Chapter applies, constructed on or before 1 July 2002 are required to meet the requirements for a ship constructed on or after 1 July 2002 insofar as may be directed by the Minister.

(2) (a) Where the high-speed craft rules require that a particular fitting, material, appliance or apparatus, or type of it, must be fitted or carried in a ship to which this Chapter applies, or that any particular provision must be made, the Minister, if he or she is satisfied, by trial of it or otherwise, that such fitting, material, appliance or apparatus, or type thereof, or provision, is at least as effective as that required by the rules, may allow such fitting, material, appliance or apparatus, or type thereof, or provision.

(b) Where compliance with any of the requirements of the high-speed craft rules would be impracticable in relation to the particular or novel design of a ship to which this section applies, the Minister may agree for the substitution of alternative requirements provided that he or she is satisfied that such arrangements provide equivalent safety.

(3) Following receipt of a report referred to in section 46(4)(a) the Chief Surveyor or other surveyor of ships notified shall—

(a) if the ship is in the jurisdiction of another state to which the Safety Convention applies, ensure that the matter is reported by the master or owner of the ship to the appropriate authorities of the government of that state, and

(b) arrange for any additional survey which in his or her opinion may be required in the circumstances under the high-speed craft rules.

48.— (1) A surveyor of ships may board and inspect any ship, being a ship to which this Chapter applies, for the purpose of seeing that it complies with the high-speed craft rules including the conditions, if any, for the operation of the ship attached to its permit to operate (HSC).

(2) If a surveyor of ships finds that a ship to which this Chapter applies, fails to comply with any high-speed craft rules relevant to it or to any conditions attached to its permit to operate (HSC), he or she shall give a notice in writing to the owner or master stating in what respect the ship fails to comply with them.

(3) A surveyor of ships may board and inspect any ship to which this Chapter applies for the purposes of seeing that a notice given under this section has been complied with.

(4) A surveyor of ships may make such tests (either on the ship or ashore or at dock) ask such questions, inspect such documents or records and have access to such parts of the ship as he or she considers appropriate for that purpose.

49.— (1) If any provision of this Chapter or of the relevant high-speed craft rules are not complied with, then the owner of the ship (if in fault) and the master of the ship (if in fault) commits an offence and is liable—

(a) on summary conviction to a fine not exceeding €5,000, or

(b) on conviction on indictment to a fine not exceeding €100,000.

(2) In case of a ship to which this Chapter applies—

(a) a high-speed craft safety certificate for the time being in force issued in respect of the ship is not available on board for examination in contravention of section 46(5)(c),

(b) a permit to operate (HSC) for the time being in force issued in respect of the ship is not available on board for examination in contravention of section 46(5)(b),

(c) the owner or master of the ship, without reasonable excuse, fails to make a report as provided for in section 46(4)(a) or (b),

(d) the ship proceeds or attempts to proceed to sea without a high-speed craft safety certificate for the time being in force issued in respect of the ship in contravention of section 45 (4) (a) (i),

(e) the ship operates or attempts to operate to carry passengers or crew without a permit to operate (HSC) for the time being in force in respect of the ship as required under section 45(4)(a)(ii),

(f) undertakes a transit voyage in contravention of section 45(4)(b), or

(g) being regarded as an unsafe ship under section 45(4)(c) proceeds or attempts to proceed to sea, operates or attempts to operate to carry passengers or crew or undertakes a transit voyage in contravention of a notice of detention under section 66,

then the owner of the ship (if in fault) or the master of the ship (if in fault) commits an offence and is liable—

(i) in the case of an offence under paragraphs (a), (b) and (c), on summary conviction, to a fine of €5,000, or

(ii) in the case of an offence under paragraph (d), (e), (f) and (g)—

(I) on summary conviction, to a fine not exceeding €5,000, or

(II) on conviction on indictment, to a fine not exceeding €100,000.

(3) If a ship, in respect of which a notice has been given to its owner or master under section 48 (2) which requires compliance with the rules in accordance with the notice before the ship proceeds to sea, proceeds or attempts to proceed to sea, without compliance as required in the notice, then the owner or master (as the case may be) commits an offence and is liable—

(a) on summary conviction, to a fine not exceeding €5,000, or

(b) on conviction on indictment, to a fine not exceeding €100,000.

50.— In this Chapter—

“at anchor” means at anchor or moored to a mooring device that is secured to the sea bed or is otherwise not in a position to provide direct means of access for passengers or crew or both to or from the shore;

“passenger boat” has the meaning assigned to it in section 2(1) of the Act of 1992;

“passenger ship” has the meaning assigned to it in section 2(1) of the Act of 1992;

“permit to tender” means a permit to undertake tendering operations issued under section 53;

“safety management certificate” means a certificate issued under regulation 3 of the European Communities (Maritime) (International Safety Management Code) Regulations 2008 (S.I. No. 60 of 2008) or under Regulation 4 of Chapter IX of the Annex to the Safety Convention;

“tender” means a passenger boat or a passenger ship which carries passengers or crew or both to or from a vessel at anchor from or to a place in the State;

“tendering operation” means the carrying of passengers or crew or both to or from a ship or boat at anchor from or to a place in the State by a tender or by a vessel’s tender;

“tendering operations regulations” means regulations made under section 52;

“tendering operations safety plan” means a plan covering details of the proposed tendering operation in accordance with section 52;

“vessel’s tender” means a vessel which is launched and recovered from a passenger steamer, including a passenger ship, in respect of which a valid safety management certificate is in force, for the purpose of carrying passengers or crew or both to or from a place in the State and which forms part of such steamer’s equipment and where the steamer’s safety management system encompasses the safe operation of the vessel’s tender.

51.— (1) The owner or master of a ship or boat who proposes to undertake a tendering operation at any place in the State in respect of that ship or boat must apply to the Minister for a permit to undertake such operation (“permit to tender”) by submitting, for approval, proposals in a tendering operations safety plan for such undertaking in the form as may be prescribed in regulations made under section 52(1).

(2) An application for a permit to tender must be made in good time to enable the Minister to have the proposals in the tendering operations safety plan approved or otherwise, before the date of the proposed tendering operation, and, unless notified to the contrary, no later than 28 days before the date of the proposed tendering operation.

(3) The following provisions of the Merchant Shipping Acts do not apply to a vessel’s tender, namely—

(a) section 271 of the Principal Act,

(b) section 10, 15, 18 or 20 of the Act of 1952,

(c) section 6 or 15 of the Act of 1992,

(d) section 8 of the Act of 1992 or that section as applied by the European Communities (Passenger Ships) Regulations 2004 (S.I. No. 716 of 2004), and

(e) section 82 or 84 of this Act.

52.— (1) The Minister may make regulations (“tendering operations regulations”) for tendering operations prescribing requirements for:

(a) the submission of proposals for a tendering operations safety plan in respect of each proposed tendering operation,

(b) the issue of a permit to tender, and

(c) any consequential, incidental, ancillary and supplementary matters including, with the consent of the Minister for Finance, the charging of fees as the Minister considers necessary or expedient.

(2) Without prejudice to the generality of subsection (1), the Minister may, in making regulations, specify the information which must be submitted in the proposals for a tendering operations safety plan including requirements for the following matters, namely—

(a) identity of the ship or boat and of its operator,

(b) proposed location of the ship or boat at anchor and its distance from shore,

(c) proposed tendering location and periods of operation for the tendering operation,

(d) number of crew and passengers on board the ship or boat,

(e) safety inspection history of the ship or boat,

(f) details of each tender or of each vessel’s tender that it is proposed to use in the tendering operation including details relating to materials of construction, proposed number of crew and passengers, means of propulsion, life-saving equipment and fire fighting equipment and arrangements for the transport of personal effects,

(g) arrangements for the embarkation and disembarkation of passengers and crew or both including arrangements for berthing of the tender or vessel’s tender,

(h) operational conditions (weather, sea) and time of tendering operation,

(i) safety briefing and announcements to passengers,

(j) the keeping of operational records for each tendering operation to record the date and time of the operation, the number of tenders or of vessel’s tenders used, the number of passengers and crew carried, and details of pier used,

(k) in the case of a tender, details of the passenger boat licence or of the passenger ship’s certificate in respect of it,

(l) in the case of a vessel’s tender which is to carry more than 12 passengers, details of annual inspections carried out and the vessel’s tender insurance cover, and

(m) such other matter or matters that the Minister considers appropriate to take into account.

(3) Any fees under subsection (1) shall be paid into or disposed of for the benefit of the Exchequer.

53.— (1) On application of the owner or master of a ship or boat for a permit to tender the Minister or such other person as he or she may authorise for that purpose may, where he or she is satisfied that the proposals in the tendering operations safety plan are in compliance with this Chapter and with any tendering operations regulations and are sufficient to ensure the safe undertaking of the tendering operation, issue a permit in respect of the ship or boat to tender subject to such conditions as he or she sees fit.

(2) An owner or master of a ship or boat, tender or vessel’s tender must not carry out or attempt to carry out tendering operations without a permit to tender for the time being in force in respect of it.

(3) If a ship or boat, a tender or a vessel’s tender engage in tendering operations, or attempts to engage in tendering operations, without a permit to tender for the time being in force in respect of it, it shall be regarded as an unsafe ship for the purposes of Chapter 7.

(4) After a permit to tender has issued no change shall be made in the undertaking of the tendering operation to which the permit relates without the prior approval of the Minister or such other person as he or she may authorise for that purpose.

54.— (1) It is the duty of the owner and master of a ship or boat to whom a permit to tender in respect of a tendering operation has issued under section 53 (1)—

(a) to undertake such operation in compliance with the permit to tender and with the conditions, if any, attaching to it,

(b) to display on board the ship or boat, in a place where passengers can view it, the permit to tender issued in respect of it,

(c) in the case of a vessel’s tender engaged in such operation, to ensure that a copy of the permit to tender is available on board for examination while the tendering operation is being undertaken, and

(d) in the case of a tender to which the permit to tender applies, to ensure that a copy of such permit is supplied to the owner or master for the purpose of having it on board the tender and available for examination while the tendering operation concerned is being undertaken.

(2) It is the duty of the owner and master of a tender to carry out a tendering operation in accordance with the permit to tender and with any conditions attached to it issued in respect of the ship or boat concerned.

55.— (1) A surveyor of ships may board and inspect any ship or boat including any tender or vessel’s tender for the purpose of seeing that a permit to tender is being complied with (either on the ship or boat, at anchor, ashore or at dock) at any time for that purpose.

(2) A surveyor of ships may for the purposes of an inspection under this section make such tests (either on the ship or boat, at anchor, ashore or at dock), ask such questions, inspect such documents or records and have access to such parts of the ship or boat as he or she considers appropriate for that purpose.

56.— (1) If any condition of a permit to tender or a provision of any tendering operations regulations is not complied with, then the owner (if in fault) or the master (if in fault) of the ship or boat commits an offence and is liable—

(a) on summary conviction, to a fine not exceeding €5,000, or

(b) on conviction on indictment, to a fine not exceeding €100,000.

(2) If the owner or master of a ship or boat to which this Chapter applies carries out or attempts to carry out tendering operations without a valid permit to tender for the time being in force in respect of the ship or boat, then the owner (if in fault) or the master (if in fault) commits an offence and is liable—

(a) on summary conviction, to a fine not exceeding €5,000, or

(b) on conviction on indictment, to a fine not exceeding €100,000.

(3) If—

(a) the permit to tender is not displayed on the ship, boat or tender in compliance with section 54(1)(b), or

(b) a copy of the relevant permit to tender is not available for examination on a vessel’s tender in compliance with section 54(1)(c), or

(c) a copy of the relevant permit has not been supplied to the owner or master of a tender in compliance with section 54(1)(b), or

(d) if a ship, boat or tender or a vessel’s tender being regarded as an unsafe ship under section 53(3) engages or attempts to engage in tendering operations, in contravention of a notice of detention under section 66,

then the owner (if in fault) or master (if in fault) of the ship or boat commits an offence and is liable—

(i) in the case of an offence under paragraph (a), (b) or (c), on summary conviction to a fine not exceeding €5,000, or

(ii) in the case of an offence under paragraph (d)—

(I) on summary conviction to a fine not exceeding €5,000, or

(II) on conviction on indictment to a fine not exceeding €100,000.

(4) Where a copy of a permit to tender has been supplied by the owner or master of a ship or boat to the owner or master of a tender in respect of a tendering operation to be undertaken and it is not subsequently available for examination on the tender while the tendering operation concerned is being undertaken, the owner (if in fault) or master (if in fault) of the tender commits an offence and is liable on summary conviction to a fine not exceeding €5,000.

(5) If a tendering operation is not carried out in accordance with a permit to tender and any condition attached to it issued in respect of the ship or boat concerned, then the owner (if in fault) or the master (if in fault) of the tender commits an offence and is liable—

(a) on summary conviction, to a fine not exceeding €5,000, or

(b) on conviction on indictment, to a fine not exceeding €100,000.

57.— In this Chapter—

“accepted minimum safe manning document” has the meaning assigned to it by section 60(4);

“approved ship’s security plan” means the security plan for the ship approved by the Minister under Regulation (EC) No. 725/2004 of the European Parliament and of the Council of 31 March 2004 on enhancing ship and port security ¹;

“IMO number” means the identification number which conforms to the International Maritime Organisation (IMO) ship identification number scheme adopted by the IMO under regulation 3.2 of chapter XI-I of the Safety Convention;

“IMO principles of safe manning” means the principles of safe manning adopted on 25 November 1999 by Resolution A.890(21) of the Conference of Contracting Governments to the International Convention for the Safety of Life at Sea 1974, as amended by Resolution A.955(23) adopted by such Conference on 5 December 2003;

“minimum safe manning document” means, in relation to a ship to which this Chapter applies, a document issued by or on behalf of the Minister under section 60(1);

“passenger ship” has the meaning assigned to it in section 2(1) of the Act of 1992;

“safe manning regulations” means regulations made under section 59.

58.— (1) Subject to subsection (2) this Chapter applies to—

(a) Irish ships to which Chapter 1 of the Annex to the Safety Convention applies,

(b) other Irish sea-going ships of 100 gross tonnage or more, and

(c) any other ship while in any port in the State unless it would not have been in such port but for stress of weather or any other circumstance that neither the master nor the owner of the ship could have prevented or forestalled.

(2) This Chapter does not apply to—

(a) ships of war, troopships, fishing vessels under 24 metres in length, and

(b) pleasure yachts not engaged in trade.

59.— (1) The Minister may, in relation to any ships to which this Chapter applies, make regulations (“safe manning regulations”)—

(a) prescribing requirements and principles for the appropriate minimum safe manning of ships,

(b) setting out guidelines for the application of principles for the appropriate minimum safe manning of ships,

(c) regulating the procedures for the submission of proposals and application for a minimum safe manning document by or on behalf of the owner of an Irish ship to which this Chapter applies, and

(d) regulating any consequential, incidental, ancillary and supplementary matters including, with the consent of the Minister for Finance, the charging of fees as the Minister considers necessary or expedient.

(2) Without prejudice to subsection (1) safe manning regulations may include requirements for the following to be taken into account in determining the minimum safe manning of a ship—

(a) the capability to—

(i) maintain safe navigational, engineering and radio watches and general surveillance of the ship,

(ii) moor and unmoor the ship safely,

(iii) manage the safety functions of the ship when employed in a stationary or near-stationary mode at sea,

(iv) perform operations, as appropriate, for the prevention of damage to the marine environment,

(v) maintain the safety arrangement and the cleanliness of all accessible spaces to minimise the risk of fire,

(vi) provide for medical care on board the ship,

(vii) ensure safe carriage of cargo during transit,

(viii) inspect and maintain the structural integrity of the ship, and

(ix) operate in accordance with the approved ship’s security plan, where relevant,

(b) the ability to—

(i) operate all watertight closing arrangements and maintain them in effective condition, and also deploy a competent damage control party,

(ii) operate all on-board fire-fighting and emergency equipment and life-saving appliances, carry out such maintenance of this equipment as is required to be done at sea, and muster and disembark all persons on board, and

(iii) operate the main propulsion and auxiliary machinery and maintain them in a safe condition to enable the ship to overcome the foreseeable perils of the voyage,

and

(c) any other special considerations in relation to the operation of a vessel or class of vessel.

(3) In prescribing requirements and principles for minimum safe manning of ships the Minister shall take account of—

(a) relevant national and international law relating to—

(i) watchkeeping,

(ii) hours of work or rest,

(iii) safety management,

(iv) certification of seafarers,

(v) training of seafarers,

(vi) occupational health and hygiene, and

(vii) crew accommodation,

and

(b) where applicable—

(i) on-board functions in relation to training requirements for all personnel, including the operation of fire-fighting and emergency equipment, life-saving appliances, watertight closing arrangements, specialised training requirements for particular types of ships and training opportunities for entrant seafarers,

(ii) provision of proper food and drinking water, and

(iii) need to undertake emergency duties and responsibilities.

(4) Without prejudice to the generality of subsection (1), the Minister may, in making safe manning regulations, specify the information which must be submitted in the proposals for a minimum safe manning document including requirements for the following matters, namely—

(a) details of ship’s name, port of registry, distinctive number or letters, IMO number, where relevant, gross tonnage, main propulsion power, type and area of operation and whether or not the machinery space is unattended,

(b) a table showing the number and grades or capacities or both of the personnel assessed by the owner as the minimum safe manning complement required to be carried, together with any special conditions or other relevant observations in regard to same, and

(c) particulars of the assessment by the owner upon which the proposed minimum safe manning complement of personnel was assessed.

(5) In making safe manning regulations the Minister may categorise ships into different classes having regard to one or more of the following, where appropriate—

(a) the size, or configuration of such ships,

(b) the service for which such ships are to be employed,

(c) the nature and duration of voyages to be undertaken,

(d) the type of cargo carried including the severity of the environmental and safety hazards involved,

(e) the age and date of construction of ships, and

(f) such other matter or matters that the Minister considers appropriate to take into account in the circumstances.

(6) Different safe manning regulations may be made in respect of different classes of ships and in relation to different classes of ships for different circumstances and different areas of operation.

(7) Safe manning regulations shall include such requirements as appear to the Minister to be necessary to implement the provisions of regulation 14 of Chapter V of the Annex to the Safety Convention taking account of the IMO principles of safe manning.

(8) The powers conferred on the Minister by this Chapter are in addition to the powers conferred by any other enactment enabling him or her to prescribe requirements for ships to carry numbers and categories of masters and crew and the standards of competence for such personnel.

(9) Any fees under subsection (1) shall be paid into or disposed of for the benefit of the Exchequer.

60.— (1) On submission by the owner of an Irish ship to which this Chapter applies, of an application and proposals for the minimum safe manning of the ship, the Minister may, where he or she is satisfied—

(a) that the proposals satisfy the minimum safe manning requirements for such ship, having regard to the safe manning regulations and, in respect of a ship to which Chapter 1 of the Safety Convention applies, the IMO principles of safe manning, and is adequate at all times and in all respects for the safe operation and the security of the ship and for the protection of the marine environment, and

(b) that the application and proposals satisfy the requirements for the making of such application,

issue a document (“minimum safe manning document”) in respect of the ship, subject to such conditions as he or she sees fit, in the form prescribed by the Minister under the safe manning regulations.

(2) The Minister may require an applicant for a minimum safe manning document to amend a proposal for the minimum safe manning level of a ship if, following evaluation of the proposal, he or she is not satisfied that the proposal meets the minimum safe manning requirements referred to in subsection (1).

(3) Sections 27(9) and 28(1) of the Act of 1952 apply in relation to a minimum safe manning document as they apply to a certificate the issue of which is authorised under that Act.

(4) Section 28(2) of the Act of 1952 applies in relation to a minimum safe manning document as it applies to a certificate issued under that Act and a minimum safe manning document issued by the government of another country, other than the State, to which the Safety Convention applies, under such Safety Convention, in respect of a ship to which this Chapter applies, other than an Irish ship, and accepted as having the same force in the State as a minimum safe manning document shall be referred to as an accepted minimum safe manning document.

(5) After a minimum safe manning document has issued no change shall be made in the minimum safe manning of the ship without the prior approval of the Minister or such other person as he or she may authorise for that purpose.

(6) The minimum safe manning document issued to a ship under subsection (1) ceases to be in force if any changes to or in relation to the ship in respect of—

(a) its area of operation,

(b) its machinery or equipment, or

(c) its operation and maintenance,

are made.

(7) The Minister may cancel a minimum safe manning document in respect of a ship where he or she is satisfied that the requirements for its minimum safe manning are not being consistently complied with, taking account of rest hours requirements applicable to its crew or any other requirements for its minimum safe manning.

(8) The Minister may authorise on his or her behalf a person to issue or cancel a minimum safe manning document or to require amendment of a proposal in accordance with subsection (2).

(9) A ship to which this Chapter applies shall not proceed or attempt to proceed to sea without a minimum safe manning document for the time being in force.

(10) If a ship to which this Chapter applies proceeds or attempts to proceed to sea—

(a) without a minimum safe manning document for the time being in force in respect of the ship, or

(b) with manning levels which are not in compliance with its minimum safe manning document,

it shall be regarded an unsafe ship for the purposes of Chapter 7.

61.— (1) It is the duty of the owner and master of a ship to which this Chapter applies—

(a) before the ship is first put into service, or before the ship is put into service in any case after the expiration or cancellation of its minimum safe manning document, to submit or have submitted proposals and an application for a safe manning document in accordance with the requirements and procedures for such application as set out in the safe manning regulations,

(b) to ensure that the ship is manned to comply with the minimum safe manning requirements, specified in the safe manning document, including any conditions specified, and

(c) to ensure that the ship operates in compliance with the safe manning regulations.

(2) In making proposals and application for a minimum safe manning document, the owner of an Irish ship to which this Chapter applies, shall, without prejudice to any other requirements prescribed in the safe manning regulations—

(a) make an assessment of the tasks, duties and responsibilities of the ship’s minimum manning level required for its safe operation, for its security, for protection of the marine environment, and for dealing with emergency situations,

(b) make an assessment of the numbers and grades or capacities or both in the ship’s minimum manning complement required for its safe operation, for its security, for protection of the marine environment, and for dealing with emergency situations,

(c) prepare and submit the proposal for the minimum safe manning level based upon the assessments at paragraphs (a) and (b) justifying the proposal by explaining how the proposed ship’s minimum manning level will deal with emergency situations, including the evacuation of passengers, where necessary, and

(d) ensure that the minimum safe manning level is adequate at all times, and in all respects, including the meeting of peak workload situations, conditions and requirements and is in accordance with the requirements, principles and guidelines prescribed in the safe manning regulations.

62.— (1) A surveyor of ships may board and inspect any ship for the purpose of seeing that it complies with the provisions of this Chapter and the safe manning regulations.

(2) If a surveyor of ships finds that a ship fails to comply with any provisions of this Chapter or the safe manning regulations he or she shall give a notice in writing to the owner or master stating in what respect the ship fails to comply with them.

(3) A surveyor of ships may board and inspect any ship for the purposes of seeing that a notice given under subsection (2) has been complied with.

(4) A surveyor of ships may for the purposes of an inspection under this section make such tests (either on the ship or boat, ashore or at dock), ask such questions, inspect such documents or records and have access to such parts of the ship as he or she considers appropriate for that purpose.

63.— (1) If any provision of a minimum safe manning document or a provision of any safe manning regulations is not complied with, then the owner (if in fault) or the master (if in fault) of the ship commits an offence and is liable—

(a) on summary conviction, to a fine not exceeding €5,000, or

(b) on conviction on indictment, to a fine not exceeding €100,000.

(2) If the owner or master of a ship which for the purposes of section 60 (10) is regarded as an unsafe ship or in contravention of a notice of detention under section 66 proceeds, or attempts to proceed to sea with the ship then the owner (if in fault) or the master (if in fault) commits an offence and is liable—

(a) on summary conviction, to a fine not exceeding €5,000, or

(b) on conviction on indictment, to a fine not exceeding €100,000.

64.— This Chapter applies to—

(a) Irish ships to which this Part applies, and to any other ship to which this Part applies, while they are within any port in the State, unless it would not have been in any such port but for stress of weather or any other circumstances that neither the master nor the owner of the ship could have prevented or forestalled, and

(b) boats to which Chapter 5 applies.

65.— Where a ship or boat being in a port in the State is regarded as an unsafe ship or boat under section 19(9)(b), 28(9)(b), 37(6)(b), 45(4)(c), 53(3) or 60(10) a surveyor of ships may detain the ship to be detained in the port in which it is berthed until the relevant certificate, permit or document is issued.

66.— (1) Where a surveyor of ships detains a ship or boat under section 65 he or she shall give a notice of detention to the owner or master of the ship or boat stating in what respect the ship or boat is an unsafe ship and the defects to be remedied to the satisfaction of a surveyor.

(2) Where a surveyor of ships is satisfied that the defects referred to in a notice of detention have been satisfactorily remedied he or she shall withdraw the notice.