Maritime Safety Act 2005

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Number 11 of 2005


MARITIME SAFETY ACT 2005


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1.

Short title, collective citation and commencement.

2.

Interpretation.

3.

Repeals.

4.

Expenses.

PART 2

Personal Watercraft and Recreational Craft

5.

Definitions (Part 2).

6.

Bye-laws relating to regulation and control of craft.

7.

Procedure for making bye-laws and publication.

8.

Requirement to cease operating craft or to remove it from waters in certain circumstances.

9.

Seizure of craft in interests of safety, etc.

10.

Operating craft without reasonable consideration.

11.

Power to stop, board and inspect craft, etc.

12.

Obstruction.

13.

Power of arrest.

14.

Forfeiture.

15.

Prohibition from operating craft.

16.

Fixed payment notice.

17.

Authorised persons.

18.

Exemptions from bye-laws under section 6.

19.

Prosecution of offences, recovery of costs and payment of fines.

PART 3

Prohibitions Relating to Vessels — Codes of Practice for the Safe Operation of Vessels, etc.

20.

Prohibition on sailing unseaworthy vessels.

21.

Seizure of unseaworthy vessels.

22.

Weighing of goods vehicles before loading onto ships.

23.

Careless navigation or operation of vessels.

24.

Dangerous navigation or operation of vessels.

25.

Exclusion.

26.

Defence.

27.

Conduct endangering vessels, structures or individuals.

28.

Prohibition on operating vessels while under influence of alcohol or drugs.

29.

Drunkenness, etc., of passengers or members of crew.

30.

Control of consumption of alcohol or drugs on board vessel.

31.

Prohibition on disruptive behaviour on vessels.

32.

Prohibition on endangering vessels or persons on board.

33.

Directions to passengers on board passenger boats and ships.

34.

Nautical publications.

35.

Codes of practice for vessels.

36.

Use of codes of practice in criminal proceedings.

37.

Non-interference with access to and from ports and harbours.

38.

Directions, etc., to have vessels moved in the interests of safety of life at sea and marine security, etc.

39.

Authorised persons.

40.

Power to stop, board and inspect vessels, etc.

41.

Power of arrest.

42.

Suspension or cancellation of certificate of competency of master, etc., of ship in certain circumstances.

43.

Prosecution of summary offences.

44.

Recovery of costs of Minister.

45.

Non-application of Part 3 to warships, etc.

46.

Definitions (Part 3).

PART 4

Safety Regulations — Passenger Boats, Fishing Vessels and Pleasure Craft — and Amendment of Merchant Shipping Acts

47.

Safety regulations — passenger boats, fishing vessels and pleasure craft.

48.

Amendment of Merchant Shipping Act 1947.

49.

Amendment of Merchant Shipping (Certification of Seamen) Act 1979.

50.

Miscellaneous amendments to Act of 1992.

51.

Increase in fines, etc., in Act of 2000.

PART 5

Amendment of Certain Enactments

52.

Amendment of Harbours Act 1946.

53.

Sea-fishing boat licences.

54.

Amendment of Fishery Harbour Centres Act 1968.

55.

Amendment of section 4 of Landlord and Tenant (Ground Rents) (No. 2) Act 1978.

56.

Amendment of Canals Act 1986.

57.

Amendment of Shannon Navigation Act 1990.

58.

Amendment of Harbours Act 1996.

PART 6

Provisions Relating to the Foreshore and to Foreshore and Aquaculture Licences, etc.

59.

Collective citation (Part 6).

60.

Amendment of Foreshore Act 1933.

SCHEDULE

Enactments Repealed

Acts Referred to

Canals Act 1986

1986, No. 3

Carriage by Sea (Heavy Articles) Act 1934

1934, No. 45

Fisheries Act 1980

1980, No. 1

Fisheries (Amendment) Act 1997

1997, No. 23

Fisheries (Amendment) Act 2003

2003, No. 21

Fisheries and Foreshore (Amendment) Act 1998

1998, No. 54

Fisheries (Consolidation) Act 1959

1959, No. 14

Fishery Harbour Centres Act 1968

1968, No. 18

Fishery Harbour Centres Acts 1968 to 1998

Foreshore Act 1933

1933, No. 12

Foreshore Acts 1933 to 2003

Harbours Act 1946

1946, No. 9

Harbours Act 1996

1996, No. 11

Harbours Acts 1946 to 1976

Harbours Acts 1996 and 2000

Landlord and Tenant (Ground Rents) Act 2005

2005, No. 7

Landlord and Tenant (Ground Rents) (No. 2) Act 1978

1978, No. 16

Landlord and Tenant Acts 1967 to 2005

Local Government Act 2001

2001, No. 37

Maritime Jurisdiction Act 1959

1959, No. 22

Maritime Jurisdiction (Amendment) Act 1988

1988, No. 9

Merchant Marine Act 1955

1955, No. 29

Mercantile Shipping Act 1947

1947, No. 46

Merchant Shipping (Certification of Seamen) Act 1979

1979, No. 37

Merchant Shipping (Investigation of Marine Casualties) Act 2000

2000, No. 14

Merchant Shipping (Miscellaneous Provisions) Act 1998

1998, No. 20

Merchant Shipping Act 1894

57 & 58 Vict., c. 60

Merchant Shipping Act 1947

1947, No. 46

Merchant Shipping Act 1981

1981, No. 33

Merchant Shipping Act 1992

1992, No. 2

Merchant Shipping Acts 1894 to 2000

Merchant Shipping (Spanish Civil War) Act 1937

1937, No. 9

National Monuments Acts 1930 to 2004

Shannon Navigation Act 1990

1990, No. 20

Wildlife (Amendment) Act 2000

2000, No. 38

Wildlife Act 1976

1976, No. 39

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Number 11 of 2005


MARITIME SAFETY ACT 2005


AN ACT TO PROVIDE FOR THE REGULATION AND CONTROL OF CERTAIN FAST POWERED WATERCRAFT AND CODES OF PRACTICE FOR VESSELS, TO PROHIBIT CERTAIN ACTS ON OR WITH VESSELS, TO AMEND THE HARBOURS ACT 1946, SECTION 222B OF THE FISHERIES (CONSOLIDATION) ACT 1959, THE FISHERY HARBOUR CENTRES ACT 1968, SECTION 4 OF THE LANDLORD AND TENANT (GROUND RENTS) (NO. 2) ACT 1978, THE CANALS ACT 1986, THE SHANNON NAVIGATION ACT 1990, THE MERCHANT SHIPPING ACTS 1894 TO 2000 AND THE HARBOURS ACT 1996, TO PROVIDE FOR MATTERS RELATING TO THE FORESHORE AND TO AQUACULTURE, TO REPEAL CERTAIN ENACTMENTS AND TO PROVIDE FOR RELATED MATTERS.

[29th June, 2005]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: