Safety, Health and Welfare (Offshore Installations) Act, 1987

Interpretation.

2.—(1) In this Act—

“the Act of 1968” means the Continental Shelf Act, 1968 ;

“the Act of 1980” means the Safety in Industry Act, 1980 ;

“concession owner” means the person having the right to explore for or exploit the minerals in connection with which an offshore installation is, or has been, or is to be used;

“designated area” has the same meaning as in section 1 of the Act of 1968;

“employed” means employed either under a contract of employment (including a contract of apprenticeship or a contract of service) or under a contract for services and kindred words shall be construed accordingly;

“exploitation”—

(a) means exploitation from or by means of any floating, fixed or other installation which is maintained in the water, or on a part of the shore or on other land which at any state of ordinary or medium tides is covered by the sea, and which is not connected with land above the high water mark by a permanent structure providing access to the installation at all times and for all purposes, and

(b) includes the storage of gas in or under the shore or sea bed and the recovery of gas so stored;

“exploration” means exploration with a view to exploitation;

“functions” includes powers and duties;

“an Industrial Medical Adviser (Offshore Installations)” has the meaning assigned to it by section 33 of this Act;

“inspector” means a person authorised or appointed under section 31 , 33 or 40 of this Act by the Minister to be an inspector for the purposes of the Act;

“installation” includes any floating structure or device maintained on a station by whatever means;

“installation logbook” has the meaning assigned to it by section 16 of this Act;

“installation manager” has the meaning assigned to it by section 11 of this Act;

“minerals” means any substance (including petroleum) which is in waters to which this Act applies, which is on or under the sea bed of such waters or which is on or under the shore or other land which is adjacent to any such waters and which at any state of ordinary or medium tides is covered by the sea;

“the Minister” means the Minister for Labour;

“offshore installation” means any installation which is or has been maintained, or is intended to be established, for the exploration for or exploitation of minerals and includes any installation providing accommodation for persons who work on or from any such offshore installation so engaged in exploration or exploitation of minerals;

“owner”, in relation to an offshore installation, means the person for the time being having the management of the installation, or of its main structure;

“petroleum” has the same meaning as in section 2 (1) of the Petroleum and Other Minerals Development Act, 1960 ;

“pipeline” includes any length or other part of a pipeline;

“pipeline works” means works of any of the following kinds, namely:

(a) assembling or laying a pipeline,

(b) inspecting, testing, maintaining, adjusting, repairing, altering or renewing a pipeline,

(c) changing the position of, dismantling or removing a pipeline,

(d) opening the sea bed for the purposes of any works which are mentioned in the preceding paragraphs of this definition, tunneling or boring for any of the said purposes and any other works necessary for or incidental to any of the said purposes,

(e) works carried out for the purpose of determining whether a place is suitable or not for use as the site of a proposed pipeline, and the carrying out of surveying operations for the purpose of settling the route of a proposed pipeline;

“prescribed” means prescribed by regulations made under this Act by the Minister and kindred words shall be construed accordingly;

“safety delegate” and “deputy safety delegate” have the meanings respectively assigned to them by section 24 of this Act;

“safety representative” and “deputy safety representative” have, subject to section 25 (4) of this Act, the meanings respectively assigned to them by section 23 of this Act;

“safety committee” has, subject to section 25 (4) of this Act, the meaning assigned to it by section 24 of this Act;

“the territorial seas of the State” means the portion of the sea which for the purposes of the Maritime Jurisdiction Act, 1959 , is the territorial seas of the State.

(2) References in this Act to an offshore installation to which this Act applies include references to—

(a) any part of an offshore installation capable of being manned by one or more persons, and

(b) any associated pipeline which, or any part of which, is in waters to which this Act applies.

(3) References in this Act to the manager of an offshore installation or to an installation manager are to be taken, except in so far as the context otherwise requires, as—

(a) references to the person for the time being in charge of the installation and appointed pursuant to the requirements of section 11 (1) of this Act, and

(b) in case for the time being the circumstances mentioned in paragraphs (a) or (b) of section 12 (1) of this Act arise in relation to the installation, as including the person who, as regards the installation, stands appointed under the said section 12 (1).