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

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Number 11 of 1988


OIL POLLUTION OF THE SEA (CIVIL LIABILITY AND COMPENSATION) ACT, 1988


ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title.

2.

Commencement.

3.

Interpretation.

4.

Orders concerning Conventions.

5.

Laying of orders and Regulations before Houses of Oireachtas.

6.

Expenses of Minister.

PART II

Civil Liability for Pollution Damage

7.

Liability for pollution damage.

8.

Exemption from liability for pollution damage.

9.

Liability for pollution damage in State and another country.

10.

Limitation on liability for pollution damage.

11.

Calculation of tonnage of ship.

12.

Determination by court of amount of liability.

13.

Power to stop or detain ship.

14.

Application of section 13 of Act where liability arises in two or more countries.

15.

Limitation on proceedings against third parties.

16.

Insurance of ships.

17.

Liability of guarantor.

18.

Application of section 503 (1) (d) of Merchant Shipping Act, 1894.

PART III

The International Oil Pollution Compensation Fund

19.

Returns of volume of oil carried by sea.

20.

Liability of Fund.

21.

Extent of liability of Fund.

22.

Limitation on actions against Fund.

23.

Pollution damage in two countries.

24.

Claims by State.

PART IV

Recognition and Enforcement of Determinations in Convention Countries

25.

Enforceability and recognition of determination made in Convention Country.

26.

Application for enforcement of determination made in Convention Country.

27.

Effect of order for enforcement of determination.

28.

Non-recognition or non-enforcement of determination.

29.

Documents required to accompany request for enforcement of determination.

PART V

Miscellaneous

30.

Jurisdiction of Court.

31.

Appointment of inspectors.

32.

Powers of inspector.

33.

Powers of harbour-masters.

34.

Provisions relating to detention of ships.

35.

Detention of ships pending determination of proceedings (including appeals) under Act.

36.

Payment out of security provided for in section 35.

37.

Prosecution of offences.

38.

Offences by bodies corporate.

39.

Indictment of body corporate.

40.

Penalties.

41.

Recovery of fines for offences under Act.

42.

Application of fines.

43.

Admissibility of records as evidence.

44.

Exemption from Act.

45.

Fees for certificates, exemptions etc.

46.

Collection of fees.


Acts Referred to

Petty Sessions (Ireland) Act, 1851

14 & 15 Vict. c. 93

Public Offices Fees Act, 1879

42 & 43 Vict. c. 58

Merchant Shipping Act, 1894

57 & 58 Vict. c. 60

Merchant Shipping Acts, 1894 to 1983

Harbours Act, 1946

1946, No. 9

Mercantile Marine Act, 1955

1955, No. 29

Oil Pollution of the Sea Acts, 1956 to 1977

Fisheries (Consolidation) Act, 1959

1959, No. 14

Criminal Procedure Act, 1967

1967, No. 12

Fishery Harbour Centres Act, 1968

1968, No. 18

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Number 11 of 1988


OIL POLLUTION OF THE SEA (CIVIL LIABILITY AND COMPENSATION) ACT, 1988


AN ACT TO GIVE EFFECT TO THE INTERNATIONAL CONVENTION ON CIVIL LIABILITY FOR OIL POLLUTION DAMAGE, 1969, DONE AT BRUSSELS ON THE 29th DAY OF NOVEMBER, 1969; AND TO GIVE EFFECT TO THE PROTOCOL TO THE INTERNATIONAL CONVENTION ON CIVIL LIABILITY FOR OIL POLLUTION DAMAGE, 1969, DONE AT LONDON ON THE 19TH DAY OF NOVEMBER, 1976; AND TO GIVE EFFECT TO THE INTERNATIONAL CONVENTION ON THE ESTABLISHMENT OF AN INTERNATIONAL FUND FOR COMPENSATION FOR OIL POLLUTION DAMAGE, 1971, DONE AT BRUSSELS ON THE 18th DAY OF DECEMBER, 1971; AND TO GIVE EFFECT TO THE PROTOCOL TO THE INTERNATIONAL CONVENTION ON THE ESTABLISHMENT OF AN INTERNATIONAL FUND FOR COMPENSATION FOR OIL POLLUTION DAMAGE, 1971, DONE AT LONDON ON THE 19th DAY OF NOVEMBER, 1976; AND TO MAKE PROVISION FOR THE ASSESSMENT OF THE LIABILITY, AND COMPENSATION, FOR OIL POLLUTION DAMAGE; AND TO PROVIDE FOR MATTERS CONNECTED WITH THE MATTERS AFORESAID. [18th May, 1988]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: