PART 3

Sea Pollution

19.— In this Part—

“ Act of 1991” means the Sea Pollution Act 1991 ;

“ Act of 1999 ” means the Sea Pollution (Amendment) Act 1999 .

20.— Section 2 of the Act of 1999 is amended—

(a) in subsections (1) and (2) by substituting “as soon as possible” for “as soon as may be”,

(b) by inserting the following after subsection (1):

“(1A) A harbour authority shall, as soon as possible after the commencement of this subsection, prepare and submit to the Minister a plan for the prevention and minimisation of damage arising out of a pollution incident by hazardous and noxious substances occurring in a harbour under its control.”,

(c) by inserting the following after subsection (2):

“(2A) The operator of a hazardous and noxious substances handling facility shall, as soon as possible after the commencement of this subsection, prepare and submit to the Minister a plan for the prevention and minimisation of damage arising out of a pollution incident by hazardous and noxious substances occurring on the handling facility concerned.”,

(d) by inserting the following after subsection (3):

“(3A) The Minister may require a local authority, within such period as is specified by the Minister, to prepare and submit to him or her a plan for the prevention and minimisation of damage, arising out of a pollution incident by hazardous and noxious substances, to any area of seashore that is in whole or in part within its functional area or contiguous thereto.

(3B) The owner or master of a relevant Irish ship shall, as soon as possible after the commencement of this subsection, prepare and submit to the Minister a plan for the prevention and minimisation of damage arising out of an oil pollution incident and a plan for the prevention and minimisation of damage arising out of a pollution incident by hazardous and noxious substances occurring on such ship.”,

and

(e) in subsection (5) by substituting “operator, local authority or Irish ship concerned” for “operator or local authority concerned”.

21.— The Act of 1999 is amended by substituting the following for section 3:

“3.— (1) A harbour authority shall, in relation to a harbour under its control, have in place—

(a) an oil pollution emergency plan, and

(b) a hazardous and noxious substances pollution emergency plan.

(2) (a) The operator of an offshore unit or oil handling facility shall, in relation to the unit or handling facility concerned, have in place an oil pollution emergency plan.

(b) The operator of a hazardous and noxious substances handling facility shall, in relation to the handling facility concerned, have in place a hazardous and noxious substances pollution emergency plan.

(c) The master, or such other person as may have charge, of a relevant Irish ship shall ensure that there is on board the ship an oil pollution emergency plan and a hazardous and noxious substances pollution emergency plan in relation to the ship. Each such plan shall be in the English language.

(d) The master, or such other person as may have charge, of a ship registered in a country, other than the State, which is a party to the Convention shall ensure that there is on board the ship—

(i) an emergency plan for the prevention and minimisation of damage arising from an oil pollution incident,

(ii) an emergency plan for the prevention and minimisation of damage arising from a pollution incident by hazardous and noxious substances, and

(iii) where any such plan is not in the English language, a duly certified copy of the plan in the English language,

and each such plan shall comply with the legal requirements of the country in which the ship is registered.

(e) Where the Minister has made regulations under paragraph (f), the master, or such other person as may have charge, of a ship to which such regulations apply shall ensure that there is on board the ship—

(i) an emergency plan for the prevention and minimisation of damage arising from an oil pollution incident,

(ii) an emergency plan for the prevention and minimisation of damage arising from a pollution incident by hazardous and noxious substances, and

(iii) where any such plan is not in the English language, a duly certified copy of the plan in the English language,

and each such plan shall comply with those regulations.

(f) (i) In respect of a ship registered in a country which is not a party to the Convention, the Minister may by regulations require the master, or such other person as may have charge, of the ship, while that ship is in the State to have on board the ship—

(I) an emergency plan for the prevention and minimisation of damage arising from an oil pollution incident,

(II) an emergency plan for the prevention and minimisation of damage arising from a pollution incident by hazardous and noxious substances, and

(III) where any such plan is not in the English language, a duly certified copy of each such plan in the English language.

(ii) Regulations under this paragraph may provide for all or any of the following matters in relation to each such plan:

(I) the matters to be covered by such plan;

(II) such other and incidental matters as appear to the Minister to be necessary.

(g) Paragraphs (d), (e) and (f) apply only to a ship which is—

(i) an oil tanker of not less than 150 tons gross tonnage, or

(ii) a ship other than an oil tanker of not less than 400 tons gross tonnage.

(3) (a) Each local authority of which a requirement is made under section 2(3) shall, in relation to the area of seashore to which the requirement relates, have in place an oil pollution emergency plan.

(b) Each local authority of which a requirement is made under section 2(3A) shall, in relation to the area of seashore to which the requirement relates, have in place a hazardous and noxious substances pollution emergency plan.

(4) A person who contravenes this section shall be guilty of an offence.”.

22.— Section 4 of the Act of 1999 is amended by substituting the following for subsection (3):

“(3) For the purposes of the Sea Pollution Acts 1991 to 2006, an authorised officer may—

(a) enter at any time a relevant facility or ship, or any part thereof, for the purpose of exercising any powers conferred on him or her by this section,

(b) make inspections and carry out such tests as he or she thinks fit in relation to the carrying on of any activities in a relevant facility or ship, including the monitoring and assessment of the effects on the marine environment of such activities,

(c) make such inspections and carry out such tests in a relevant facility or ship as he or she thinks fit for the purposes of monitoring and assessing the effects on the marine environment of any oil pollution incident or a pollution incident by hazardous and noxious substances,

(d) require any person in a relevant facility or ship to produce to him or her such documents, records or materials as are in that person’s possession or control relating to any plan which is required to be kept on board the relevant facility or ship and to give to him or her such information as he or she may reasonably require in respect of such documents, records or materials, or

(e) require any person holding any position of authority or responsibility in relation to the implementation of any plan referred to in paragraph (d) to give to him or her such information as he or she may reasonably require in relation to the procedures employed or steps taken to ensure the carrying out of and compliance with such plan.

(3A) In this section ‘relevant facility or ship’ means one or more of the following:

(a) a harbour;

(b) an offshore unit;

(c) an oil handling facility;

(d) a hazardous and noxious substances handling facility;

(e) a relevant Irish ship;

(f) a ship to which one or more of paragraphs (d), (e) and (f) of section 3(2) applies.”.

23.— Section 25 of the Act of 1991 is amended in subsection (1A) (inserted by section 5(b) of the Act of 1999)—

(a) by inserting “or hazardous and noxious substances handling facility” after “oil handling facility”, and

(b) in paragraph (b) by inserting “or pollution incident by hazardous and noxious substances” after “oil pollution incident”.

24.— Section 6 of the Act of 1999 is amended—

(a) in both subsections (1)(a) and (3)(a) by inserting “or a hazardous and noxious substances pollution emergency plan” after “oil pollution emergency plan”,

(b) in both subsections (1)(b) and (3)(b) by inserting “or a pollution incident by hazardous and noxious substances” after “oil pollution incident”, and

(c) by substituting the following for subsection (2):

“(2) The Minister may—

(a) give a direction in writing to the operator of an offshore unit, oil handling facility or hazardous and noxious substances handling facility or to the master, or such other person as may have charge, of a relevant Irish ship requiring the operator, master or other person concerned to make such modifications or alterations to either or both an oil pollution emergency plan and a hazardous and noxious substances pollution emergency plan in respect of the offshore unit, handling facility or relevant Irish ship, as the case may be, under the control of the operator, or the master or such other person, as the Minister deems appropriate, or

(b) in relation to an offshore unit, oil handling facility, hazardous and noxious substances handling facility or relevant Irish ship, give a direction (in writing or otherwise) to the operator of such offshore unit or handling facility or to the master, or such other person as may have charge, of a relevant Irish ship, as the case may be, to do or refrain from doing anything, the doing or refraining from doing of which is, in the opinion of the Minister, necessary or expedient for the purposes of responding to an oil pollution incident or a pollution incident by hazardous and noxious substances in or on the offshore unit, handling facility or relevant Irish ship concerned.”.

25.— The Act of 1991 is amended by substituting the following for section 13 (inserted by section 7(a) of the Act of 1999):

“13.— (1) Whenever there is an incident, whether on board or outside a ship—

(a) resulting in a discharge, in the State or a prescribed area, of hazardous and noxious substances or a pollutant or, in the event that a regulation has been made under section 10, a quantity of a pollutant in excess of that permitted under such a regulation, from a ship, or

(b) giving rise to circumstances from which it is reasonable to infer that there is likely to be such a discharge, in the State or a prescribed area, from a ship,

the master of the ship concerned or of any other ship involved in such incident or from which such incident is observed shall forthwith report the matter to the Minister or, where the incident or discharge occurs in or is observed from a harbour, to the harbour-master, or person for the time being performing the functions of harbour-master, in relation to such harbour.

(2) Where the presence of oil or hazardous and noxious substances in the sea is observed from a ship in the State or a prescribed area the master of such ship shall forthwith report the matter to the Minister, or where such presence is observed from a ship in a harbour, to the harbour-master or person for the time being performing the functions of harbour-master in relation to such harbour.

(3) A harbour-master or person performing, for the time being, the functions of harbour-master in relation to a harbour shall—

(a) on receipt of a report under subsection (1) or (2),

(b) on being informed of an incident resulting in a discharge, in the harbour concerned, of hazardous and noxious substances or a pollutant or, in the event that a regulation has been made under section 10, a quantity of a pollutant in excess of that permitted under such a regulation, or the existence of circumstances from which it is reasonable to infer that there is likely to be a discharge of hazardous and noxious substances or a pollutant or quantity of a pollutant in excess of that permitted under section 10 in the harbour, or

(c) on observing an incident referred to in paragraph (b), or hazardous and noxious substances or a pollutant or, in the event that a regulation has been made under section 10, a quantity of a pollutant in excess of that permitted under such a regulation in the sea, within the harbour,

report the matter to the Minister.

(4) A report under this section shall be made forthwith, using the quickest means of communication available, and shall comply with such requirements (if any) as the Minister may prescribe.

(5) A person who contravenes this section or a requirement prescribed under subsection (4) shall be guilty of an offence.

(6) In this section ‘pollutant’ means oil, an oily mixture, noxious liquid substance, harmful substance, sewage or garbage, other than hazardous and noxious substances.”.

26.— The Act of 1991 is amended by substituting the following for section 13A (inserted by section 7(b) of the Act of 1999):

“13A.— (1) Whenever there is an incident, whether on board or outside an Irish ship—

(a) resulting in a discharge, outside the State or a prescribed area, of oil or hazardous and noxious substances from a ship, or

(b) giving rise to circumstances from which it is reasonable to infer that there is likely to be such a discharge, outside the State or a prescribed area, from a ship,

the master of any Irish ship involved in such incident or of any Irish ship from which such incident was observed, shall forthwith report the matter to the maritime administration, in the state closest to the place where the incident occurred, or to the person performing, in relation to the port closest to that place, functions the same as or similar to the functions performed by a harbour-master in relation to a harbour in the State, as may be appropriate.

(2) Where the presence of oil or hazardous and noxious substances in the sea outside the State or a prescribed area is observed from an Irish ship the master of such ship shall forthwith report the matter to the maritime administration in the state closest to the place where such presence was observed, or to the person performing, in relation to the port closest to that place, functions the same as or similar to the functions performed by a harbour-master in relation to a harbour in the State, as may be appropriate.

(3) A person who contravenes this section shall be guilty of an offence.”.

27.— The Act of 1991 is amended by substituting the following for section 13B (inserted by section 7(b) of the Act of 1999):

“13B.— (1) Whenever an incident occurs on an offshore unit, oil handling facility or hazardous and noxious substances handling facility—

(a) resulting in a discharge of oil or hazardous and noxious substances in the State or a designated area, or

(b) giving rise to circumstances from which it is reasonable to infer that there is likely to be such a discharge in the State or a designated area,

the person for the time being in charge of the offshore unit or handling facility concerned shall forthwith report the matter to the Minister or, in the case of a handling facility in a harbour, to the harbour-master, or person performing, for the time being, the functions of harbour-master in relation to that harbour.

(2) Whenever a person on an offshore unit, oil handling facility or hazardous and noxious substances handling facility observes an incident involving a discharge in the State or a designated area of oil or hazardous and noxious substances, or an incident from which, having regard to all the circumstances observed, it would be reasonable to infer that such a discharge in the State or a designated area is likely to occur, or observes the presence of oil or hazardous and noxious substances in the sea, he or she shall report the matter to the person for the time being in charge of the offshore unit or handling facility concerned.

(3) A person for the time being in charge of an offshore unit, oil handling facility or hazardous and noxious substances handling facility shall, on receipt of a report under subsection (2), forthwith report the matter to the Minister.

(4) A harbour-master or person performing for the time being the functions of harbour-master in relation to a harbour shall, on receipt of a report under subsection (1), forthwith report the matter to the Minister.

(5) A report under this section shall comply with such requirements (if any) as the Minister may prescribe.

(6) A person who contravenes this section or a requirement prescribed under subsection (5) shall be guilty of an offence.”.

28.— The Act of 1999 is amended by substituting the following for section 8:

“8.— (1) The Minister shall prepare a plan (in this section referred to as ‘the plan’) specifying the measures to be taken to prevent and minimise damage in the State resulting from discharges (in this section referred to as ‘discharges’) of oil or hazardous and noxious substances from ships, offshore units, oil handling facilities and hazardous and noxious substances handling facilities (either or both of which handling facilities are, in this section, referred to as ‘handling facilities’).

(2) Without prejudice to the generality of subsection (1), the plan shall provide for—

(a) the placing, at such places in the State as may be specified therein, of such equipment and materials to be used in connection with the removal, degrading or disposal of discharges into the sea or onto land as may be specified in the plan,

(b) the training of such persons or classes of persons as may be specified in the plan in the use of equipment and materials to which paragraph (a) applies, and generally in the carrying out of operations to prevent and minimise damage in the State resulting from discharges from ships, offshore units or handling facilities,

(c) the conducting of exercises by such persons or classes of persons and at such intervals as are specified in the plan to ensure the greater effectiveness of measures taken to prevent or minimise damage in the State resulting from discharges from ships, offshore units or handling facilities,

(d) the maintenance and improvement of co-operation and communication between persons required to comply with such provisions of the plan as are specified in a direction of the Minister under subsection (3), and

(e) the co-ordination of the activities of persons to whom paragraph (d) applies, when carrying out operations to prevent and minimise damage in the State resulting from discharges from ships, offshore units or handling facilities.

(3) The Minister may, by direction in writing, require such persons as he or she considers appropriate to comply with such provisions of the plan as are specified in the direction.

(4) The plan shall be published in such manner as the Minister considers appropriate.

(5) A person who fails to comply with a direction of the Minister under this section shall be guilty of an offence.”.

29.— The Act of 1999 is amended by substituting the following for section 9:

“9.— The Minister may, alone or jointly with a foreign maritime administration, arrange for the provision, on such terms as he or she considers appropriate, whether by purchasing, leasing, hiring or otherwise, of such equipment and materials as he or she considers necessary or expedient for the carrying out of operations for the prevention or minimising of damage in the State resulting from discharges of oil or hazardous and noxious substances from ships, offshore units, oil handling facilities or hazardous and noxious substances handling facilities, or for the training of persons in the carrying out of such operations, or for the purposes of operations undertaken in relation to vessels in distress in accordance with section 7 of the Merchant Shipping (Salvage and Wreck) Act 1993 or in relation to salvage operations as defined in section 12 of that Act.”.

30.— Section 10 of the Act of 1999 is amended—

(a) by inserting “or hazardous and noxious substances” after “discharge of oil”, and

(b) by substituting “, oil handling facility or hazardous and noxious substances handling facility,” for “or oil handling facility,”.

31.— Section 11 of the Act of 1999 is amended in subsection (1)—

(a) by inserting “or hazardous and noxious substances” after “discharge of oil”, and

(b) by substituting “, oil handling facility or hazardous and noxious substances handling facility,” for “or oil handling facility,”.

32.— Section 12 of the Act of 1999 is amended in both subsections (2) and (3) by substituting “cargo, oil or hazardous and noxious substances” for “cargo or oil”.

33.— Section 26 of the Act of 1991 is amended—

(a) in subsection (4) by substituting “ship;” for “ship.” in paragraph (h) and by inserting the following after paragraph (h):

“(i) the establishment and maintenance of a temporary exclusion zone around a maritime casualty or an offshore unit, oil handling facility or hazardous and noxious substances handling facility.”,

and

(b) in subsection (10), in the definition of “substance other than oil”, by inserting “, and includes hazardous and noxious substances” after “legitimate uses of the sea”.

34.— Section 3 of the Act of 1991 is amended in subsection (1)—

(a) by inserting, before the definition of “discharge”, the following definitions:

“ ‘ AFS Convention ’ means the International Convention on the Control of Harmful Anti-fouling Systems done at London on 5 October 2001;

‘ anti-fouling system ’ means a coating, paint, surface treatment, surface, or device that is used on a ship to control or prevent attachment of unwanted organisms;

‘ballast water’ means water with its suspended matter taken on board a ship to control trim, list, draught, stability or stresses of the ship;

‘ ballast water management’ means mechanical, physical, chemical, and biological processes, either singularly or in combination, to remove, render harmless, or avoid the uptake or discharge of harmful aquatic organisms and pathogens within ballast water and sediments;

‘ BWM Convention’ means the International Convention for the Control and Management of Ships’ Ballast Water and Sediments 2004 done at London on 13 February 2004;”,

(b) in the definition of “discharge” by substituting “sewage, garbage, substances subject to control by Annex VI to the MARPOL Convention, anti-fouling systems or ships’ ballast water and sediments” for “sewage or garbage”,

(c) by inserting, after the definition of “discharge”, the following definitions:

“ ‘ harmful aquatic organisms and pathogens ’ means aquatic organisms or pathogens which, if introduced into the sea, including estuaries, or into fresh water courses, may create hazards to the environment, human health, property or resources, impair biological diversity or interfere with other legitimate uses of such areas;

‘hazardous and noxious substances ’ means any substance other than oil which, if introduced into the marine environment, is likely to create a hazard to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea;

‘ hazardous and noxious substances handling facility ’ means a facility where hazardous and noxious substances are loaded into or unloaded from ships;

‘ hazardous and noxious substances pollution emergency plan ’ in relation to a harbour, offshore unit, oil handling facility, hazardous and noxious substances handling facility, Irish ship 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 for the prevention and minimisation of damage arising out of a pollution incident by hazardous and noxious substances approved by the Minister under section 2 of the Sea Pollution (Amendment) Act 1999 ;”,

and

(d) by inserting, after the definition of “related interests”, the following definition:

“ ‘ sediments ’ means matter settled out of ballast water within a ship;”.

35.— Section 1 of the Act of 1999 is amended in subsection (1)—

(a) by substituting the following for the definition of “the Convention”:

“ ‘ Convention ’ means the International Convention on Oil Pollution Preparedness, Response and Co-operation 1990, done at London on 30 November 1990 together with the Protocol done at London on 15 March 2000;”,

(b) by inserting the following after the definition of “harbour authority”:

“ ‘ hazardous and noxious substances ’ means any substance other than oil which, if introduced into the marine environment, is likely to create a hazard to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea;

‘ hazardous and noxious substances handling facility ’ means a facility where hazardous and noxious substances are loaded into or unloaded from ships;

‘ hazardous and noxious substances pollution emergency plan ’ in relation to a harbour, offshore unit, oil handling facility, hazardous and noxious substances handling facility, Irish ship 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 for the prevention and minimisation of damage arising out of a pollution incident by hazardous and noxious substances approved by the Minister under section 2 of this Act;”,

(c) in the definition of “oil pollution emergency plan” by inserting “, relevant Irish ship” after “oil handling facility”,

(d) by inserting the following after the definition of “oil pollution incident”:

“ ‘ pollution incident by hazardous and noxious substances ’ means any occurrence or series of occurrences having the same origin, including fire or explosion, which results or may result in a discharge, release or emission of hazardous and noxious substances and which poses or may pose a threat to the marine environment in the State, or to the coastline or related interests of one or more states, and which requires emergency action or immediate response;”,

and

(e) by inserting the following after the definition of “the Principal Act”:

“ ‘ Protocol ’ means the Protocol specified in the definition of ‘Convention’;

‘ relevant Irish ship ’ means an Irish ship which is—

(a) an oil tanker of not less than 150 tons gross tonnage, or

(b) a ship other than an oil tanker of not less than 400 tons gross tonnage;”.

36 .— The Act of 1991 is amended by inserting the following new Part after Part III:

“PART IIIA

ACTS OF EUROPEAN COMMUNITIES

Power of Minister to make regulations to give effect to acts of European Communities.

28A.— (1) The Minister may make regulations to give effect to any act adopted by an institution of the European Communities in respect of any matter referred to in Part II or III.

(2) A person who contravenes a regulation under this section shall be guilty of an offence.”.

37.— The Act of 1991 is amended—

(a) in subsections (1) and (4) of section 10, paragraphs (a) and (b) of section 11, subsections (1)(a) and (3) of section 12 and sections 13(6), 14(1) and 19(b), by substituting “sewage, garbage, substances subject to control by Annex VI to the MARPOL Convention, anti-fouling systems or ships’ ballast water and sediments” for “sewage or garbage”,

(b) in section 12(2)(a), by substituting “sewage, garbage, substances subject to control by Annex VI to the MARPOL Convention, anti-fouling systems and ships’ ballast water and sediments” for “sewage and garbage”,

(c) in paragraphs (d) and (g) of subsection (2) of section 21 and section 25(1)(a) by substituting “sewage, garbage, substances subject to control by Annex VI to the MARPOL Convention or anti-fouling systems ” for “sewage or garbage”, and

(d) in section 28(a) by inserting “, the AFS Convention, the BWM Convention” after “MARPOL Convention”.