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Sea Pollution Act, 1991

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Number 27 of 1991

SEA POLLUTION ACT, 1991

PART I

Preliminary and General

Section

1.

Short title.

2.

Commencement.

3.

Interpretation.

4.

Exemptions from Act.

5.

Laying of orders and regulations before each House of Oireachtas.

6.

Fees.

7.

Expenses of Minister.

8.

Repeals.

9.

Continuance of orders, regulations etc.

PART II

Prevention of Pollution

10.

Prohibition on discharge of oil and other substances.

11.

Saver for discharges in certain circumstances.

12.

Facilities for disposal of oily residues and other substances.

13.

Report of discharge in State or into harbour or prescribed area.

14.

Equipment etc., of ships to prevent pollution.

15.

Keeping of records.

16.

Application of sections 14 and 15 to foreign ships.

PART III

Enforcement

17.

Surveys and inspections of ships.

18.

Surveys on behalf of a MARPOL Convention country.

19.

Surveyors of ships.

20.

Appointment of inspectors.

21.

Powers of inspectors.

22.

Defective ship or equipment.

23.

Refusal of entry of ships into harbour or State.

24.

Detention of ships.

25.

Powers of harbour-masters.

26.

Powers of Minister to prevent, mitigate or eliminate pollution.

27.

Right to recover compensation from Minister.

28.

Orders concerning Conventions and Protocols.

PART IV

Miscellaneous

29.

Penalties.

30.

Proceedings for offences.

31.

Offences by body corporate.

32.

Indictment of body corporate.

33.

Collection and application of fines.

34.

Proof of certain documents.

35.

Presumption of discharge.

36.

Amendment of Continental Shelf Act, 1968.

37.

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

38.

Evidence of expenses of Minister.

39.

Provisions relating to detention of ships.

40.

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

41.

Payment out of security provided for in section 40.

42.

Costs of prosecutions.

43.

Service of documents.

FIRST SCHEDULE

Enactments Repealed

SECOND SCHEDULE

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

Acts Referred to

Arbitration Act, 1954

1954, No. 26

Continental Shelf Act, 1968

1968, No. 14

Criminal Procedure Act, 1967

1967, No. 12

Dumping at Sea Act, 1981

1981, No. 8

Fishery Harbour Centres Act, 1968

1968, No. 18

Harbours Act, 1946

1946, No. 9

Mercantile Marine Act, 1955

1955, No. 29

Merchant Shipping Act, 1894

57 and 58 Vict., c. 60

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

1988, No. 11

Petty Sessions (Ireland) Act, 1851

14 and 15 Vict., c. 93

Public Offices Fees Act, 1879

42 and 43 Vict., c. 58

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Number 27 of 1991

SEA POLLUTION ACT, 1991

AN ACT TO MAKE PROVISION FOR THE PREVENTION OF POLLUTION OF THE SEA BY OIL AND OTHER SUBSTANCES; AND TO GIVE EFFECT TO THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS DONE AT LONDON ON THE 2nd DAY OF NOVEMBER, 1973, AS AMENDED BY THE PROTOCOL DONE AT LONDON ON THE 17th DAY OF FEBRUARY, 1978; AND TO GIVE EFFECT TO THE PROTOCOL RELATING TO INTERVENTION ON THE HIGH SEAS IN CASES OF POLLUTION BY SUBSTANCES OTHER THAN OIL DONE AT LONDON ON THE 2nd DAY OF NOVEMBER, 1973; AND TO PROVIDE FOR THE REPEAL OF THE OIL POLLUTION OF THE SEA ACTS, 1956 TO 1977; AND TO PROVIDE FOR OTHER MATTERS RELATED TO THE FOREGOING MATTERS. [26th November, 1991]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: