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Amendment of section 1 (interpretation) of Act of 1999.
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35.— Section 1 of the Act of 1999 is amended in subsection (1)—
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(a) by substituting the following for the definition of “the Convention”:
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“ ‘ Convention ’ means the International Convention on Oil Pollution Preparedness, Response and Co-operation 1990, done at London on 30 November 1990 together with the Protocol done at London on 15 March 2000;”,
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(b) by inserting the following after the definition of “harbour authority”:
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“ ‘ hazardous and noxious substances ’ means any substance other than oil which, if introduced into the marine environment, is likely to create a hazard to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea;
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‘ hazardous and noxious substances handling facility ’ means a facility where hazardous and noxious substances are loaded into or unloaded from ships;
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‘ hazardous and noxious substances pollution emergency plan ’ in relation to a harbour, offshore unit, oil handling facility, hazardous and noxious substances handling facility, Irish ship or an area of seashore in whole or in part within the functional area, or contiguous to the functional area, of a local authority, means a plan for the prevention and minimisation of damage arising out of a pollution incident by hazardous and noxious substances approved by the Minister under section 2 of this Act;”,
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(c) in the definition of “oil pollution emergency plan” by inserting “, relevant Irish ship” after “oil handling facility”,
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(d) by inserting the following after the definition of “oil pollution incident”:
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“ ‘ pollution incident by hazardous and noxious substances ’ means any occurrence or series of occurrences having the same origin, including fire or explosion, which results or may result in a discharge, release or emission of hazardous and noxious substances and which poses or may pose a threat to the marine environment in the State, or to the coastline or related interests of one or more states, and which requires emergency action or immediate response;”,
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and
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(e) by inserting the following after the definition of “the Principal Act”:
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“ ‘ Protocol ’ means the Protocol specified in the definition of ‘Convention’;
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‘ relevant Irish ship ’ means an Irish ship which is—
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(a) an oil tanker of not less than 150 tons gross tonnage, or
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(b) a ship other than an oil tanker of not less than 400 tons gross tonnage;”.
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