Sea Pollution (Amendment) Act, 1999

Interpretation.

1.—(1) In this Act—

“authorised officer” means a person appointed by the Minister under section 4 , or section 11 of the Energy (Miscellaneous Provisions) Act, 1995 ;

“the Convention” means the International Convention on Oil Pollution Preparedness, Response and Co-operation, 1990, done at London on the 30th day of November 1990;

“designated area” means an area for the time being designated under section 2 of the Continental Shelf Act, 1968 ;

“functions” includes powers and duties and references to the performance of functions include references to the exercise of powers and the carrying out of duties;

“harbour authority” means—

(a) in the case of a harbour to which the Harbours Act, 1946 , applies, a harbour authority within the meaning of that Act;

(b) in the case of a harbour under the control of a company established pursuant to section 7 of the Harbours Act, 1996 , the company concerned;

(c) in the case of a fishery harbour centre to which the Fishery Harbour Centres Act, 1968 , applies, the Minister;

(d) in the case of a harbour under the control of a local authority, the local authority concerned; or

(e) in the case of a harbour under the management of Iarnród éireann — Irish Rail, Iarnród éireann — Irish Rail;

“Irish ship” means an Irish ship within the meaning of section 9 of the Mercantile Marine Act, 1955 ;

“local authority” means a local authority for the purposes of the Local Government Act, 1941 ;

“maritime administration” means a person in a state other than the State performing functions the same as or similar to those performed by the Minister under this Act;

“the Minister” means the Minister for the Marine and Natural Resources;

“offshore unit” means any fixed or floating offshore installation or structure, in the State or a designated area, engaged in gas or oil exploration, exploitation or production activities, or the loading or unloading of oil;

“oil handling facility” means a facility in the State or a designated area that presents an oil pollution risk and includes oil terminals, pipelines and other similar facilities;

“oil pollution emergency plan”, in relation to a harbour, offshore unit, oil handling facility 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 approved by the Minister under section 2 ;

“oil pollution incident” means any occurrence or series of occurences involving a discharge of oil, or giving rise to circumstances from which it is reasonable to infer that there is likely to be a discharge of oil, from a ship, offshore unit or oil handling facility, and which poses a threat or gives rise to circumstances from which it is reasonable to infer that there is likely to be a threat to the marine environment in the State, a designated area or a prescribed area;

“the Principal Act” means the Sea Pollution Act, 1991 ;

“seashore” has the same meaning as it has in the Foreshore Act, 1933 .

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

(a) the inland waters of the State,

(b) the territorial seas of the State, and the seabed and subsoil beneath those seas, and

(c) any area lying within a line, every point of which is 200 nautical miles from the baselines for the purposes of the Maritime Jurisdiction Acts, 1959 to 1988, and the waters above it, provided that this paragraph shall not be construed as constituting a claim by the State to any area that—

(i) is under the jurisdiction of a state other than the State, and

(ii) the State recognises as being under such jurisdiction.

(3) A reference in this Act to a section is a reference to a section of this Act unless it is indicated that a reference to some other enactment is intended.

(4) A reference in this Act to a subsection or paragraph is a reference to the subsection or paragraph of the provision in which the reference occurs unless it is indicated that a reference to some other provision is intended.

(5) A reference in this Act to an enactment shall be construed as a reference to that enactment as amended, adapted or extended, whether before or after the commencement of this section, by or under any subsequent enactment.