Dumping At Sea Act, 1981

Provisions in relation to offences.

5.—(1) Summary proceedings in respect of an offence under this Act may be brought and prosecuted by the Minister.

(2) Summary proceedings in respect of an offence committed in a fishery harbour centre within the meaning of the Fishery Harbour Centres Act, 1968 , the harbour of a harbour authority or the Commissioners of Public Works or a harbour managed by Córas Iompair Éireann may be brought by the Minister for Fisheries and Forestry, the authority, the Commissioners of Public Works or Córas Iompair Éireann, as the case may be.

(3) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851 , summary proceedings for an offence under this Act may be instituted—

(a) in every case, within twelve months from the date of the offence, and

(b) if at the expiry of that period, the person to be charged is outside the State, within six months of the date on which he enters the State.

(4) Proceedings for an offence under this Act or for an offence under section 6 (4) of the Nuclear Energy (An Bord Fuinnimh Núicléigh) Act, 1971 , committed at sea may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the State.

(5) Where an offence under this Act is committed by a body corporate and the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body or any person who was purporting to act in any such capacity, he, as well as the body, shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.