|
|
Pollution emergency plans.
|
21.— The Act of 1999 is amended by substituting the following for section 3:
|
|
| |
“3.— (1) A harbour authority shall, in relation to a harbour under its control, have in place—
|
|
| |
(a) an oil pollution emergency plan, and
|
|
| |
(b) a hazardous and noxious substances pollution emergency plan.
|
|
| |
(2) (a) The operator of an offshore unit or oil handling facility shall, in relation to the unit or handling facility concerned, have in place an oil pollution emergency plan.
|
|
| |
(b) The operator of a hazardous and noxious substances handling facility shall, in relation to the handling facility concerned, have in place a hazardous and noxious substances pollution emergency plan.
|
|
| |
(c) The master, or such other person as may have charge, of a relevant Irish ship shall ensure that there is on board the ship an oil pollution emergency plan and a hazardous and noxious substances pollution emergency plan in relation to the ship. Each such plan shall be in the English language.
|
|
| |
(d) The master, or such other person as may have charge, of a ship registered in a country, other than the State, which is a party to the Convention shall ensure that there is on board the ship—
|
|
| |
(i) an emergency plan for the prevention and minimisation of damage arising from an oil pollution incident,
|
|
| |
(ii) an emergency plan for the prevention and minimisation of damage arising from a pollution incident by hazardous and noxious substances, and
|
|
| |
(iii) where any such plan is not in the English language, a duly certified copy of the plan in the English language,
|
|
| |
and each such plan shall comply with the legal requirements of the country in which the ship is registered.
|
|
| |
(e) Where the Minister has made regulations under paragraph (f), the master, or such other person as may have charge, of a ship to which such regulations apply shall ensure that there is on board the ship—
|
|
| |
(i) an emergency plan for the prevention and minimisation of damage arising from an oil pollution incident,
|
|
| |
(ii) an emergency plan for the prevention and minimisation of damage arising from a pollution incident by hazardous and noxious substances, and
|
|
| |
(iii) where any such plan is not in the English language, a duly certified copy of the plan in the English language,
|
|
| |
and each such plan shall comply with those regulations.
|
|
| |
(f) (i) In respect of a ship registered in a country which is not a party to the Convention, the Minister may by regulations require the master, or such other person as may have charge, of the ship, while that ship is in the State to have on board the ship—
|
|
| |
(I) an emergency plan for the prevention and minimisation of damage arising from an oil pollution incident,
|
|
| |
(II) an emergency plan for the prevention and minimisation of damage arising from a pollution incident by hazardous and noxious substances, and
|
|
| |
(III) where any such plan is not in the English language, a duly certified copy of each such plan in the English language.
|
|
| |
(ii) Regulations under this paragraph may provide for all or any of the following matters in relation to each such plan:
|
|
| |
(I) the matters to be covered by such plan;
|
|
| |
(II) such other and incidental matters as appear to the Minister to be necessary.
|
|
| |
(g) Paragraphs (d), (e) and (f) apply only to a ship which is—
|
|
| |
(i) an oil tanker of not less than 150 tons gross tonnage, or
|
|
| |
(ii) a ship other than an oil tanker of not less than 400 tons gross tonnage.
|
|
| |
(3) (a) Each local authority of which a requirement is made under section 2(3) shall, in relation to the area of seashore to which the requirement relates, have in place an oil pollution emergency plan.
|
|
| |
(b) Each local authority of which a requirement is made under section 2(3A) shall, in relation to the area of seashore to which the requirement relates, have in place a hazardous and noxious substances pollution emergency plan.
|
|
| |
(4) A person who contravenes this section shall be guilty of an offence.”.
|
