Oil Pollution of the Sea (Civil Liability and Compensation) Act, 1988
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Insurance of ships. |
16.—(1) A ship registered in the State shall not carry in bulk a cargo of two thousand tonnes or more of oil unless there is in force in respect of the ship a contract of insurance, or other financial security, satisfying such requirements as may be prescribed. | |
(2) The Minister shall, on being satisfied by the owner of a ship that subsection (1) has been complied with, certify that the ship, in respect of such period as may be specified in the certificate, complies with the provisions of subsection (1). | ||
(3) Subject to any exemption which may be granted by the Minister under section 44 , a ship (other than a ship registered in the State) shall not carry to or from a harbour, terminal installation or offshore terminal in the State a cargo of two thousand tonnes or more of oil in bulk unless— | ||
(a) if the ship is registered in another Convention Country, there is carried on board the ship a certificate issued by or under the authority of the country in which the ship is registered showing that there is in force, in respect of the ship, a contract of insurance or other financial security which satisfies the requirements of the law of that country relating to the bulk carriage of oil, or | ||
(b) if the ship is not registered in another Convention Country or the State, there is carried on board a certificate— | ||
(i) issued by or under the authority of another Convention Country, or | ||
(ii) which has been certified by the Minister that the ship satisfies such requirements as may be prescribed, | ||
and showing that there is in force, in respect of the ship, a contract of insurance or other financial security which satisfies the law of that Convention Country concerned or the State, as the case may be, relating to the bulk carriage of oil. | ||
(4) Any certificate required by this section in relation to the existence of a contract of insurance or other financial security in respect of a ship shall be carried on the ship and shall, on demand, be produced by the master of the ship to any inspector or harbourmaster. | ||
(5) If a ship enters or leaves, or attempts to enter or leave, a harbour, or arrives at or leaves, or attempts to arrive at or leave, a terminal installation or offshore terminal in the State in contravention of this section, the owner and master of the ship shall each be guilty of an offence. | ||
(6) If a ship fails to carry a certificate on board as required by this section or if the master of the ship fails to produce such certificate on demand by an inspector or a harbour-master, the master of the ship shall be guilty of an offence. | ||
(7) If a ship attempts to leave a harbour, terminal installation or offshore terminal in the State in contravention of this section, the ship may be stopped and detained by an inspector or by the harbourmaster concerned. | ||
(8) If a ship which has been detained by an inspector or, as the case may be, a harbour-master, pursuant to subsection (7) leaves or attempts to leave a harbour, terminal installation or offshore terminal otherwise than in accordance with the provisions of this Act, the master of the ship shall be guilty of an offence. |