Next (PART 1 Preliminary and General)

9 2005

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Number 9 of 2005


SEA POLLUTION (HAZARDOUS SUBSTANCES) (COMPENSATION) ACT 2005


ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title, collective citation, collective construction and commencement.

2.

Interpretation.

3.

Orders.

4.

Laying of orders and regulations before Houses of Oireachtas.

5.

Expenses.

6.

Penalties and offences.

7.

Proceedings.

PART 2

Convention of 1996

8.

Convention to have force of law.

9.

Order declaring state (other than State) to be State Party.

10.

Hazardous and Noxious Substances Fund.

11.

Conversion of amounts in units of account into currency of State for purposes of Convention.

12.

Act not to apply to certain ships.

13.

Construction of reference to competent public authority.

14.

Limitation of liability.

15.

Insurance of ships.

16.

Actions for compensation under Convention.

17.

Final judgment to be recognised and enforceable in State.

18.

Application for enforcement order.

19.

Payment of interest on judgment and payment of costs.

20.

Effect of order under section 18.

21.

Documents required to accompany application for order under section 18.

22.

Recognition and enforcement of judgment of court or tribunal of Member State of European Community.

23.

Inspectors.

24.

Detention of ships.

25.

Recovery of fines etc. for certain offences.

26.

Returns of hazardous and noxious substances received in the State.

27.

Contributions to Fund.

PART 3

Miscellaneous

28.

Construction of certain references in Merchant Shipping (Liability of Shipowners and Others) Act 1996.

29.

Amendment of section 8 of Oil Pollution of the Sea (Civil Liability and Compensation) Act 1988.

SCHEDULE 1

International Convention on Liability and Compensation for Damage in connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996

SCHEDULE 2

Protocol of 1996 to amend the Convention on Limitation of Liability for Maritime Claims, 1976

Acts Referred to

Companies Act 1963

1963, No. 33

Criminal Procedure Act 1967

1967, No. 12

Fishery Harbour Centres Act 1968

1968, No. 18

Harbours Act 1946

1946, No. 9

Harbours Act 1996

1996, No. 11

Maritime Jurisdiction Acts 1959 to 1988

Mercantile Marine Act 1955

1955, No. 29

Merchant Shipping (Liability of Shipowners and Others) Act 1996

1996, No. 35

Merchant Shipping Acts 1894 to 2000

Oil Pollution of the Sea (Civil Liability and Compensation)

1998, No. 13

(Amendment) Act 1998

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

1988, No. 11

Oil Pollution of the Sea (Civil Liability and Compensation) Acts 1988 to 2003

Petty Sessions (Ireland) Act 1851

14 & 15 Vict., c. 93

Public Offices Fees Act 1879

42 & 43 Vict., c. 58

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Number 9 of 2005


SEA POLLUTION (HAZARDOUS SUBSTANCES) (COMPENSATION) ACT 2005


AN ACT TO GIVE EFFECT TO 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; TO GIVE EFFECT TO THE PROTOCOL OF 1996 TO AMEND THE CONVENTION ON LIMITATION OF LIABILITY FOR MARITIME CLAIMS, 1976, DONE AT LONDON ON THE 2nd DAY OF MAY, 1996, AND FOR THAT PURPOSE TO AMEND THE MERCHANT SHIPPING (LIABILITY OF SHIPOWNERS AND OTHERS) ACT 1996; TO AMEND THE OIL POLLUTION OF THE SEA (CIVIL LIABILITY AND COMPENSATION) ACT 1988; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH.

[30th May, 2005]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: