Dumping At Sea Act, 1981

Powers of authorised officers.

4.—(1) (a) The Minister may appoint an officer of the Minister or, with the consent of the Minister for Fisheries and Forestry, an officer of that Minister of the Government, to be an authorised officer.

(b) The Minister for Energy may appoint an officer of that Minister of the Government or of An Bord Fuinnimh Núicléigh to be an authorised officer and an authorised officer appointed under this paragraph may exercise the powers of an authorised officer under this Act only in so far as this Act applies in relation to substances, devices, apparatus and products to which the Nuclear Energy (An Bord Fuinnimh Núicléigh) Act, 1971 , or any order under section 6 thereof applies.

(c) A harbour authority may appoint an officer of the authority to be an authorised officer and an authorised officer appointed under this paragraph may exercise the powers under this Act of an authorised officer in, but only in, the harbour of the authority.

(d) The Commissioners of Public Works may appoint an officer of the Commissioners to be an authorised officer and an authorised officer appointed under this paragraph may exercise the powers under this Act of an authorised officer in, but only in, a harbour of the Commissioners.

(e) Córas Iompair Éireann may appoint an officer of Córas Iompair Éireann to be an authorised officer and an authorised officer appointed under this paragraph may exercise the powers of an authorised officer under this Act in, but only in, a harbour managed by Córas Iompair Éireann.

(2) An authorised officer may, for the purposes of this Act—

(a) at any reasonable time enter any vehicle, place or premises, and board any vessel, aircraft or marine structure and carry out any inspection and examination which he reasonably considers necessary for the purposes aforesaid,

(b) require the person in charge to be present during the inspection and examination and to furnish to him such information as he may reasonably require for the purposes aforesaid,

(c) open any container at the place or in the premises, vehicle, vessel, aircraft or marine structure,

(d) examine and take samples of any material or substance at the place or in the premises, vehicle, vessel, aircraft or marine structure,

(e) require any person at the place or in the premises, vehicle, vessel, aircraft or marine structure to produce to him any document in the power or control of that person which he considers he ought to see for the purposes aforesaid,

(f) inspect, examine and take copies of, or extracts from, any such document as aforesaid and require the person by whom any such document is kept or who produced the document to certify a copy thereof as a true copy, and

(g) monitor the effects of any dumping.

(3) For the purpose of entering a vehicle, place or premises or boarding a vessel, aircraft or marine structure, an authorised officer may require the person in charge to do anything that will facilitate entry or boarding and the power conferred by this subsection includes power, in the case of a vehicle, vessel or marine structure, to require the person in charge to stop it.

(4) An authorised officer may, for the purposes of this Act, require the attendance of the master of a vessel, the pilot in command of an aircraft or the person in charge of a marine structure on board that vessel, aircraft or marine structure and may, for the purposes aforesaid, make of him any inquiry which appears to him to be necessary.

(5) Where an authorised officer reasonably suspects that, in relation to a vessel, aircraft or marine structure in the territorial seas of the State or in a harbour or airport in the State, a contravention of this Act is taking, or has taken, place, he may detain the vessel, aircraft or marine structure at any place in the territorial seas of the State or at any convenient harbour or airport in the State until the happening of one of the following—

(a) in the case of dumping or loading, that is suspected to be in contravention of this Act, the production to the officer of a permit under this Act authorising the dumping or loading,

(b) the officer's becoming satisfied that a contravention of this Act has not taken place in relation to the vessel, aircraft or marine structure,

(c) the final determination of any court proceedings (including any appeal, re-trial or other proceedings) in respect of such a contravention as aforesaid and the payment of any fine imposed in the proceedings,

(d) the giving of security which, in the opinion of a Justice of the District Court, is satisfactory for payment, in the event of a conviction of an offence in relation to the said contravention or in the event of a failure by a defendant in any proceedings in relation to such a contravention to attend before any court when such attendance is required for the purposes of the proceedings, of a sum that in the opinion of the Justice is sufficient to provide for—

(i) payment of the maximum fine or fines ordered, or which may be ordered, to be paid in respect of the offence or offences, and

(ii) the estimated amount of the costs (if any) of any trials, appeals or other proceedings in relation to the offence or offences concerned awarded, or which may be awarded, against the defendant concerned.

(6) The security provided for in subsection (5) of this section is in addition to and not in substitution for any other bond or recognisance which the defendant concerned may be required to enter into by the Justice of the District Court concerned in relation to any trials, appeals or other proceedings in relation to the offence or offences.

(7) A person who obstructs, or interferes with, an authorised officer in the course of the performance by him of his functions under this section or fails or refuses to comply with a requirement of an authorised officer under this section shall be guilty of an offence.

(8) An authorised officer shall be furnished with a certificate of his appointment and, when performing any function under this section, the officer shall, if requested by any person affected, produce the certificate to that person.