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25 1956

OIL POLLUTION OF THE SEA ACT, 1956

PART III.

Enforcement and Penalties.

Enforcement of Convention as to keeping of oil records.

19. —(1) The Minister, if satisfied—

(a) that the government of any country has accepted or denounced the Convention of 1954 or any subsequent Convention, or

(b) that any such Convention extends, or has ceased to extend, to any territory,

may by order so declare.

(2) In this section “ship to which the Convention applies” means a ship registered in—

(a) a country the government of which has been declared to have accepted the Convention of 1954 or any subsequent Convention and has not been subsequently declared to have denounced it, or

(b) a territory to which any such Convention has been declared to extend and to which it has not been subsequently declared to have ceased to extend.

(3) A surveyor of ships or any person empowered by warrant of the Minister may go on board any ship to which the Convention applies, while she is within a harbour in the State, may inspect the oil record book required by the Convention to be carried in the ship and may make a true copy of any entry in the book and require the master of the ship to certify that it is a true copy.

(4) Any person who impedes a surveyor of ships or other person in the exercise of his functions under this section, or who, on being so required, fails to produce the oil record book for inspection or to certify a copy of an entry shall be guilty of an offence and shall, on summary conviction, be liable to a fine not exceeding fifty pounds.

(5) A person exercising functions under this section shall not unnecessarily detain or delay the vessel from proceeding on her voyage.

Appointment of Inspectors.

20. —(1) A surveyor of ships shall be an inspector with the function of reporting to the Minister generally—

(a) whether the requirements of this Act are being complied with;

(b) what measures have been taken for the prevention of the escape of any oil or oily mixtures;

(c) whether the facilities in any harbour for reception or disposal of oily residue are adequate.

(2) The Minister may appoint any person to be an inspector with the function of reporting, either generally or in a particular case, under subsection (1).

Powers of inspectors.

21. —(1) For the purpose of his functions, an inspector may—

(a) go on board any vessel and inspect the vessel and her machinery, boats, equipment and articles on board the vessel and test any equipment with which under this Act she is required to be fitted, not unnecessarily detaining or delaying her from proceeding on her voyage;

(b) enter and inspect any premises and any apparatus for the transfer of oil;

(c) by summons under his hand require any person to attend before him and examine him on oath (which the inspector is hereby authorised to administer);

(d) require a witness to make and subscribe a declaration of the truth of the statements made by him at his examination;

(e) require any person to produce to him any document in his power or control or make return to any inquiry;

(f) copy any entry in any prescribed record and require the person by whom the record is to be kept to certify the copy as a true copy of the entry.

(2) A witness before an inspector shall be entitled to the same immunities and privileges as if he were a witness before the High Court and shall be allowed such expenses as would be allowed to a witness attending that Court on sub poena; and any dispute as to the amount of those expenses shall be referred to a Taxing Master who shall, on request made to him under the hand of the inspector, ascertain and certify the amount of the expenses.

(3) If any person—

(a) on being summoned as a witness before an inspector and tendered the expenses to which he is entitled under this section, makes default in attending, or refuses to take an oath legally required by the inspector to be taken, or

(b) refuses or neglects to make any answer, or to give any return or to produce any document, or to make or subscribe any declaration, or to certify a copy of any entry, which the inspector is entitled to require, or

(c) wilfully impedes a person in the exercise of his functions under this section,

he shall be guilty of an offence and shall, on summary conviction, be liable to a fine not exceeding fifty pounds.

Powers of harbour masters.

22. —(1) Without prejudice to the powers conferred by section 21, a harbour master may, in the case of any vessel in the harbour—

(a) go on board the vessel and inspect the vessel and her machinery, boats, equipment and articles on board the vessel for the purpose of ascertaining the circumstances relating to an alleged discharge of oil or oily mixture from the vessel into the waters of the harbour;

(b) require the production of any prescribed record;

(c) copy any entry in any prescribed record and require the person by whom the record is to be kept to certify the copy as a true copy of the entry,

but not unnecessarily detaining or delaying the vessel from proceeding on her voyage.

(2) If any person—

(a) fails to comply with any such requirement, or

(b) wilfully impedes a harbour master in the exercise of his functions under this section,

he shall be guilty of an offence and shall, on summary conviction, be liable to a fine not exceeding fifty pounds.

Penalties.

23. —Every person who commits an offence under this Act for which no special penalty is provided shall—

(a) on summary conviction, be liable to a fine not exceeding five hundred pounds (together with, in the case of a continuing offence, a fine not exceeding fifty pounds for every day on which the offence is continued), or

(b) on conviction on indictment, be liable to a fine not exceeding five thousand pounds (together with, in the case of a continuing offence, a further fine not exceeding five hundred pounds for every day on which the offence is continued).

Prosecution of offences.

24. —(1) Summary proceedings in respect of any offence under this Act may be brought and prosecuted by the Minister.

(2) Summary proceedings in respect of an offence in relation to a particular harbour or harbour master may be brought and prosecuted by the harbour authority.

(3) Notwithstanding subsection (4) of section 10 of the Petty Sessions (Ireland) Act, 1851, summary proceedings for the offence may be instituted—

(a) in every case, within twelve months from the date of the offence, and

(b) if at the expiry of that period the person to be charged is outside the State, within two months of the date on which he next enters the State.

(4) Without prejudice to any other jurisdiction, proceedings for an offence may be taken against a person at any place where he may be for the time being.

Indictment of bodies corporate.

25. —(1) A body corporate may be sent forward for trial on indictment for an offence under this Act with or without recognisances.

(2) On arraignment before the Central Criminal Court or the Circuit Court, the body corporate may enter in writing by its representative a plea of guilty or not guilty and if it does not appear by a representative appointed by it for the purpose, or, though it does so appear, fails to enter any plea, the court shall order a plea of not guilty to be entered and the trial shall proceed as though the body corporate had duly entered that plea.

(3) A statement in writing purporting to be signed by the secretary of the body corporate to the effect that the person named in the statement has been appointed as the representative of the body for the purpose of this section shall be admissible without further proof as evidence that that person has been so appointed.

(4) Any summons or other document required to be served for the purpose or in the course of proceedings under this section on a body corporate may be served by leaving it at or sending it by registered post to the registered office of that body or, if there be no such office in the State, by leaving it at, or sending it by registered post to, the body at any place in the State at which it conducts its business.

Collection and application of fines.

26. —(1) Where a fine imposed on the owner or master of a vessel is not duly paid, the court may, without prejudice to any other powers for enforcing payment, direct the amount remaining unpaid to be levied by distress and sale of the vessel, her tackle, furniture and apparel.

(2) Where it appears to the court imposing a fine that any person has incurred or will incur expense in removing any pollution or making good any damage attributable to the offence, the court may order the whole or part of the fine to be paid to that person for or towards defraying the expense.

Admissibility of records as evidence.

27. —Every document purporting to be a record kept in pursuance of this Act or of the Convention of 1954 or any subsequent Convention or to be a true copy, certified as such by the person required to keep the record, of an entry therein shall, unless the contrary is shown, be presumed to be such and be admissible as evidence of the facts stated therein without further proof.