Sea Pollution (Hazardous Substances) (Compensation) Act 2005


2.—(1) In this Act, except where the context otherwise requires—

“the Central Bank” means the Central Bank and Financial Services Authority of Ireland;

“the Convention” means the International Convention on Liability and Compensation for Damage in connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996, done at London on the 3rd day of May, 1996;

“convention court” means, in relation to a State Party (other than the State)—

(a) any court or tribunal that under the law of that State Party has jurisdiction to determine liability in respect of damage incurred, and to award compensation therefor, or

(b) any court or tribunal that under the law of that State Party has jurisdiction to, adjudicate on any appeal from, or review, a judgment of a court or tribunal referred to in paragraph (a);

“Council Regulation” means Council Regulation (EC) No. 44/20011 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters;

“final judgment” shall be construed in accordance with section 17 (3);

“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;

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

“inspector” means—

(a) a person appointed to be an inspector under section 23 ,

(b) a person holding commissioned rank in the Permanent Defence Forces, while in uniform,

(c) a member of the Garda Síochána, while in uniform,

(d) as respects the harbour of which he or she is the harbour master, a person appointed to be a harbour master by a harbour authority;

“judgment” means a decision of a convention court made in accordance with the provisions of the Convention awarding compensation to a person in respect of damage incurred by him or her;

“judgment debtor” means the person against whom a convention court has given a final judgment;

“Member State” means a Member State of the European Community (other than the State and Denmark);

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

“State Party” means a state that is declared by order under section 9 to be a State Party to the Convention.

(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 word or expression that is used in this Act and that is also used in the Convention has, in this Act, the meaning that it has in the Convention.

(4) In this Act—

(a) a reference to a section or Schedule is a reference to a section of, or a Schedule to, this Act, unless it is indicated that reference to some other enactment is intended,

(b) a reference to a subsection or paragraph is a reference to a subsection or paragraph of the provision in which the reference occurs, unless it is indicated that a reference to some other provision is intended, and

(c) a reference to any enactment is a reference to that enactment as amended, extended or adapted, whether before or after the commencement of this section, by or under any subsequent enactment.

1O.J. No. L12 of 16.1.2001, p.1