Maritime Jurisdiction Act 2021

SCHEDULE 2

Consequential Amendments

Section 20

Item

(1)

Act

(2)

Provision

(3)

Amendment

(4)

1.

Petroleum and Other Minerals Development Act 1960

Section 2

In subsection (1), by the substitution of the following definition for the definition of “offshore”:

“‘offshore’ means situated within the territorial sea, the exclusive economic zone or a designated area (which expressions have the same meaning as they have respectively in the Maritime Jurisdiction Act 2021);”.

2.

Broadcasting (Offences) Act 1968

Section 1

In subsection (1), by the substitution of the following definition for the definition of “sea waters adjacent to the State”:

“‘sea waters adjacent to the State’ comprises all sea areas which lie within the territorial sea of the State within the meaning of the Maritime Jurisdiction Act 2021;”.

3.

Gas Act 1976

Section 2

By the substitution of the following definition for the definition of “designated area”:

“‘designated area’ has the same meaning as it has in the Maritime Jurisdiction Act 2021;”.

4.

Gas Act 1976

Section 39A

In subsection (1), by the substitution of “the territorial sea of the State (within the meaning of the Maritime Jurisdiction Act 2021) or a designated area” for “the territorial seas of the State or a designated area”.

5.

Gas Act 1976

Section 40

In subsection (1), by the substitution of “territorial sea of the State (within the meaning of the Maritime Jurisdiction Act 2021)” for “territorial seas of the State”.

6.

Wildlife Act 1976

Section 2

In subsection (1), by the substitution of the following definition for the definition of “the territorial seas of the State”:

“‘territorial sea of the State’ has the same meaning as it has in the Maritime Jurisdiction Act 2021;”.

7.

Wildlife Act 1976

Section 15

In subsection (1)(c) by the substitution of “the territorial sea of the State” for “the territorial seas of the State”.

8.

Wildlife Act 1976

Section 58

In subsection (1), by the substitution of “territorial sea of the State” for “territorial seas of the State”.

9.

Wildlife Act 1976

Section 59

In subsection (1) (d) by the substitution of “territorial sea of the State” for “territorial seas of the State”.

10.

Oil Pollution of the Sea (Civil Liability and Compensation) Act 1988

Section 3

In subsection (2), by the substitution of the following paragraphs for paragraphs (b), (c) and (d):

“(b) the territorial sea of the State, its seabed and subsoil,

(c) any designated area within the meaning of the Maritime Jurisdiction Act 2021 and the waters above it, and

(d) the exclusive economic zone of the State within the meaning of the Maritime Jurisdiction Act 2021;”.

11.

Oil Pollution of the Sea (Civil Liability and Compensation) Act 1988

Section 3

In subsection 2A—

(a) by the substitution of “territorial sea” for “territorial seas” in each place that it occurs, and

(b) in paragraph (a), by the substitution of “internal waters” for “inland waters”.

12.

Prohibition of Incitement to Hatred Act 1989

Section 9

In subsection 3, by the substitution of “territorial sea or in a designated area (within the meaning of the Maritime Jurisdiction Act 2021)” for “territorial seas or in a designated area (within the meaning of Continental Shelf Act 1968 )”.

13.

Sea Pollution Act 1991

Section 3

By the substitution of the following subsections for subsections (2A) and (3):

“(2A) A reference in this Act to the State includes a reference to—

(a) the internal waters of the State,

(b) the territorial sea of the State within the meaning of the Maritime Jurisdiction Act 2021, its seabed and subsoil, and

(c) the exclusive economic zone of the State (within the meaning of the Maritime Jurisdiction Act 2021).

(3) A reference in this Act to a country other than the State includes a reference to the territorial sea and internal waters of that country.”.

14.

Patents Act 1992

Section 117

By the substitution of the following—

(a) “territorial sea of the State” for “territorial seas of the State”,

(b) “ section 8 of the Maritime Jurisdiction Act 2021” for “ section 86 of the Sea-Fisheries and Maritime Jurisdiction Act 2006 ”, and

(c) “the Maritime Jurisdiction Act 2021” for “ section 1 of the Continental Shelf Act 1968 ”.

15.

Merchant Shipping (Salvage and Wreck) Act 1993

Section 2

In subsection (3), by the substitution of the following paragraphs for paragraphs (a) and (b):

“(a) in the case of the State, the territorial sea of the State for the purposes of the Maritime Jurisdiction Act 2021 and the internal waters of the State for the purposes of that Act, or

(b) in the case of any other state, the territorial sea and internal waters of that other state.”.

16.

Criminal Justice Act 1994

Section 35

(a) In subsection (2), by the substitution of “territorial sea of the State within the meaning of the Maritime Jurisdiction Act 2021” for “territorial seas of the State”, and

(b) in subsection (6), by the substitution of “the territorial sea of any state other than the State” for “the territorial seas of any state other than the State”.

17.

Criminal Justice Act 1994

Section 36

(a) In subsection (3), by the substitution of “territorial sea of the State within the meaning of the Maritime Jurisdiction Act 2021” for “territorial seas of the State”, and

(b) in subsection (4), by the substitution of “section 11 of the Maritime Jurisdiction Act 2021” for “ section 11 of the Maritime Jurisdiction Act 1959 ”.

18.

Energy (Miscellaneous Provisions) Act 1995

Section 1

In subsection (1), by the substitution of the following definition for the definition of “designated area”:

“‘designated area’ has the same meaning as it has in the Maritime Jurisdiction Act 2021”.

19.

Trade Marks Act 1996

Section 101

By the substitution of the following section for section 101:

“101. For the avoidance of doubt, it is hereby declared that this Act applies to the following waters, namely, the waters in the portion of the sea which comprise the territorial sea of the State within the meaning of the Maritime Jurisdiction Act 2021, the waters in all areas of the sea to which the internal or inland waters of the State are extended by section 8 of the Maritime Jurisdiction Act 2021 and the waters in any area which is for the time being a designated area within the meaning of the Maritime Jurisdiction Act 2021.”.

20.

Sea Pollution (Amendment) Act 1999

Section 1

(a) In subsection (1), in the definition of “designated area” by the substitution of “the Maritime Jurisdiction Act 2021” for “ section 2 of the Continental Shelf Act 1968 ”, and

(b) in subsection (2), by the substitution of the following paragraphs for paragraphs (b) and (c):

“(b) the territorial sea of the State within the meaning of the Maritime Jurisdiction Act 2021, its seabed and subsoil, and

(c) the exclusive economic zone of the State within the meaning of the Maritime Jurisdiction Act 2021.”.

21.

Copyright and Related Rights Act 2000

Section 185

By the substitution of the following paragraph for paragraph (a):

“(a) acts undertaken in, or, under or over—

(i) the waters in the portion of the sea which comprise the territorial sea of the State,

(ii) the waters in all areas of the sea to which the internal or inland waters of the State are extended by section 8 of the Maritime Jurisdiction Act 2021, and

(iii) the waters in any area which is for the time being a designated area within the meaning of the Maritime Jurisdiction Act 2021,”.

22.

Copyright and Related Rights Act 2000

Section 290

By the substitution of the following paragraph for paragraph (a):

“(a) acts undertaken in, or, under or over—

(i) the waters in the portion of the sea which comprise the territorial sea of the State,

(ii) the waters in all areas of the sea to which the internal or inland waters of the State are extended by section 8 of the Maritime Jurisdiction Act 2021, and

(iii) the waters in any area which is for the time being a designated area within the meaning of the Maritime Jurisdiction Act 2021,”.

23.

Criminal Justice (Theft and Fraud Offences) Act 2001

Section 2

In subsection (1), in the definition of “premises”, by the substitution of “the territorial sea or in a designated area (within the meaning of the Maritime Jurisdiction Act 2021)” for “the territorial seas or in a designated area (within the meaning of the Continental Shelf Act 1968 )”.

24.

Criminal Justice (Theft and Fraud Offences) Act 2001

Section 61

By the substitution of “territorial sea or in a designated area (within the meaning of the Maritime Jurisdiction Act 2021)” for “territorial seas or in a designated area (within the meaning of the Continental Shelf Act 1968 )”.

25.

Criminal Justice (Illicit Traffic by Sea) Act 2003

Section 1

In subsection (1), by the substitution of the following definition for the definition of “outer limit of the territorial seas”:

“‘outer limit of the territorial sea’ has the meaning given to that expression by the Maritime Jurisdiction Act 2021;”.

26.

Criminal Justice (Illicit Traffic by Sea) Act 2003

Section 2

By the substitution of “outer limit of the territorial sea” for “outer limit of the territorial seas”.

27.

Criminal Justice (Illicit Traffic by Sea) Act 2003

Section 4

In subsection (1), by the substitution of “outer limit of the territorial sea” for “outer limit of the territorial seas”.

28.

Criminal Justice (Illicit Traffic by Sea) Act 2003

Section 5

In paragraph (a)(i), by the substitution of “outer limit of the territorial sea” for “outer limit of the territorial seas”.

29.

Criminal Justice (Illicit Traffic by Sea) Act 2003

Section 14

In subsection (4), by the substitution of “outer limit of the territorial sea” for “outer limit of the territorial seas”.

30.

Criminal Justice (Illicit Traffic by Sea) Act 2003

Section 21

By the substitution of “outer limit of the territorial sea” for “outer limit of the territorial seas”.

31.

Maritime Security Act 2004

Section 1

In subsection (1), in the definition of “fixed platform”, by the substitution of “the Maritime Jurisdiction Act 2021” for “section 2 of the Continental Shelf Act 1968 ”.

32.

Maritime Security Act 2004

Section 3

In subsection (3), in the definition of “outside the State”—

(a) in paragraph (a) by the substitution of “the Maritime Jurisdiction Act 2021” for “ section 2 of the Continental Shelf Act 1968 ”, and

(b) in paragraph (b) by the substitution of “territorial sea” for “territorial seas”.

33.

Sea Pollution (Hazardous Substances) (Compensation) Act 2005

Section 2

By the substitution of the following subsection for subsection (2):

“(2) A reference in this Act to the State includes a reference to—

(a) the internal waters of the State,

(b) the territorial sea of the State, its seabed and subsoil, and

(c) the exclusive economic zone within the meaning of the Maritime Jurisdiction Act 2021.”.

34.

Maritime Safety Act 2005

Section 2

In subsection (1)—

(a) in the definition of “Irish waters”, by the substitution of “territorial sea” for “territorial seas” in each place that it occurs,

(b) by the deletion of “ ‘inland waters of the State’ and ‘territorial seas of the State’ have the meanings assigned to them in Part 3 of the Sea-Fisheries and Maritime Jurisdiction Act 2006 ;” and

(c) by the insertion of the following definitions:

“‘inland waters of the State’ shall be construed in accordance with section 8 of the Maritime Jurisdiction Act 2021;

‘territorial sea of the State’ has the meaning assigned to it by the Maritime Jurisdiction Act 2021;”.

35.

Sea Pollution (Miscellaneous Provisions) Act 2006

Section 3

By the substitution of the following subsection for subsection (2):

“(2) A reference in this Part to the State includes a reference to—

(a) the internal waters of the State,

(b) the territorial sea of the State, its seabed and subsoil, and

(c) the exclusive economic zone of the State within the meaning of the Maritime Jurisdiction Act 2021.”.

36.

Inland Fisheries Act 2010

Section 6

In subsection (3)(a)—

(a) in subparagraph (i), by the substitution of “ section 8 of the Maritime Jurisdiction Act 2021” for “ section 86 of the Sea-Fisheries and Maritime Jurisdiction Act 2006 ”, and

(b) in subparagraph (ii), by the substitution of “within the meaning of the Maritime Jurisdiction Act 2021” for “this Act”.

37.

Customs Act 2015

Section 2

In subsection (1), in the definition of “contiguous zone of the State”, by the substitution of “the Maritime Jurisdiction Act 2021” for “ section 84 of the Sea-Fisheries and Maritime Jurisdiction Act 2006 ”.

38.

Planning and Development (Amendment) Act 2018

Section 66

In subsection (1)—

(a) by the deletion of “ ‘Act of 2006’ means the Sea-Fisheries and Maritime Jurisdiction Act 2006 ”,

(b) by the insertion of “ ‘Act of 2021’ means the Maritime Jurisdiction Act 2021”,

(c) in the definition of “coastal waters”, in paragraph (a), by the substitution of “the Act of 2021” for “section 85 of the Act of 2006”, and

(d) in the definition of “maritime area”—

(i) in paragraph (b), by the substitution of “the territorial sea within the meaning of the Act of 2021” for “the territorial seas within the meaning of Part 3 of the Act of 2006,”,

(ii) in paragraph (c), by the substitution of “the Act of 2021” for “Part 3 of the Act of 2006”, and

(iii) in paragraph (d) by the substitution of “territorial sea” for “territorial seas”.