No. 25/1956:

OIL POLLUTION OF THE SEA ACT, 1956

ARRANGEMENT OF SECTIONS

PART I PRELIMINARY AND GENERAL

1 Short title

2 Commencement

3 Definitions

4 Exemptions.

5 Laying of orders and regulations before Houses of the Oireachtas.

6 Fees.

7 Expenses.

8 Repeal.

PART II PREVENTION OF OIL POLLUTION OF THE SEA

9 Prohibited zones.

10 Discharge of oil in prohibited zones.

11 Discharge of oil into territorial seas and inland waters.

12 Saver for discharge in special circumstances.

13 Harbour facilities for disposal of oily residue.

14 Report of discharge into harbours.

15 Transfer of oil at night.

16 Equipment of ships to prevent pollution by oil.

17 Keeping of oil records.

18 Application of sections 16 and 17 (1) to foreign ships.

PART III ENFORCEMENT AND PENALTIES

19 Enforcement of Convention as to keeping of oil records.

20 Appointment of Inspectors.

21 Powers of inspectors.

22 Powers of harbour masters.

23 Penalties.

24 Prosecution of offences.

25 Indictment of bodies corporate.

26 Collection and application of fines.

27 Admissibility of records as evidence.

SCHEDULE.

AN ACT TO GIVE EFFECT TO THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION OF THE SEA BY OIL, 1954, AND TO MAKE FURTHER PROVISION FOR PREVENTING THE POLLUTION OF NAVIGABLE WATERS BY OIL.

[17th July, 1956.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I PRELIMINARY AND GENERAL

1.—This Act may be cited as the Oil Pollution of the Sea Act, 1956 .

2.—This Act shall come into operation on such day or days as the Minister shall by order appoint, and different days may be appointed for the purposes of different provisions, including different Parts of the Schedule.

3.—In this Act—

"barge" includes a lighter or like vessel;

"Convention of 1954" means the International Convention for the Prevention of Pollution of the Sea by Oil, 1954;

"discharge" in relation to oil or an oily mixture means any discharge or escape howsoever caused;

"harbour authority" means—

( a ) in the case of a harbour to which the Harbours Act, 1946 (No. 9 of 1946), applies, the harbour authority under that Act,

( b ) in the case of a harbour under the control and management of the Commissioners of Public Works in Ireland, the Commissioners, and

( c ) in any other case, the person entitled to charge rates in respect of vessels entering or using the harbour;

"harbour master" includes a person appointed by a harbour authority for the purpose of enforcing the provisions of this Act;

"inspector" means a surveyor of ships or a person appointed under section 20;

"master", in relation to a vessel, means the person having the command or charge of the vessel for the time being;

"mile" means a nautical mile of six thousand and eighty feet;

the "Minister" means the Minister for Industry and Commerce;

"oil" means oil of any description, and includes spirit produced from oil, and coal tar;

"occupier", in relation to anything which has no occupier, means the owner, and, in relation to a railway wagon or road vehicle, means the person in charge of it;

"petroleum spirit" means petroleum to which the Petroleum Acts, 1871 and 1879, apply;

"place on land" includes anything resting on the bed or shore of the sea or inland waters and also includes anything afloat, other than a vessel, if anchored or attached to the bed or shore;

"prescribed" means prescribed by regulations made by the Minister;

"transfer" in relation to oil means transfer in bulk;

other terms have the same meanings as in the Merchant Shipping Act, 1894.

4.—(1) This Act does not apply to a vessel of the Irish Naval Service, wholly manned by personnel of the Service.

(2) The Minister may exempt any vessels or classes of vessels from any of the provisions of this Act or of regulations thereunder, either absolutely or subject to such conditions as he thinks fit.

5.—Every order and regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling it is passed by either House within the next twenty-one days on which that House has sat after the instrument has been laid before it, the instrument shall be annulled accordingly but without prejudice to the validity of anything previously done under it.

6.—(1) Fees under this Act shall be taken and collected in such manner as the Minister for Finance may from time to time direct and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister for Finance.

(2) The Public Offices Fees Act, 1879, shall not apply in respect of such fees.

7.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

8.—The Oil in Navigable Waters Act, 1926 (No. 5 of 1926), is hereby repealed.

PART II PREVENTION OF OIL POLLUTION OF THE SEA

9.—(1) Subject to subsection (3), the sea areas specified in Parts I and III of the Schedule shall be prohibited zones for tankers.

(2) Subject to subsection (3), the sea areas specified in Parts II and IV of the Schedule shall be prohibited zones for ships other than tankers.

(3) The Minister may by order extend or reduce any prohibited zone or declare any specified sea area to be a prohibited zone for tankers or for other ships for the purpose of giving effect to any variation of sea areas in accordance with the Convention of 1954 or of implementing any subsequent Convention or of protecting the courts of the State, and amend any order under this subsection.

10.—(1) This section applies to crude oil, fuel oil and lubricating oil.

(2) This section shall also apply to any heavy diesel oil or other description of oil which may be prescribed.

(3) The owner and also the master of any ship registered in the State which discharges into a prohibited zone for that ship any oil to which this section applies or any mixture containing such oil, the oil in which fouls the surface of the sea, shall be guilty of an offence.

(4) For this purpose, the oil in any oily mixture of less than one hundred parts of oil in one million parts of the mixture shall be deemed not to foul the surface of the sea.

(5) The Minister may prescribe exceptions to subsection (3), either absolutely or on specified conditions, and either generally or for specified classes of ships, or in relation to particular descriptions of oil or oily mixtures, or to their discharge in specified circumstances, or in relation to particular sea areas.

11.—(1) If any oil or oily mixture is discharged (directly or indirectly) into the territorial seas of the State or into its inland waters navigable by sea-going vessels, then, if the discharge is—

( a ) from a vessel, the owner and also the master of the vessel,

( b ) from a place on land, the occupier of that place,

( c ) from apparatus for transferring oil to or from a vessel, the person in charge of the apparatus,

shall be guilty of an offence.

(2) A harbour master may specify a place where the ballast water of a vessel in which a cargo of petroleum spirit has been carried may be discharged into the waters of the harbour at such times and on such conditions as he may direct. The discharge of ballast water containing no oil other than petroleum spirit in accordance with such directions shall not be an offence.

12.—(1) Sections 10 and 11 shall not apply to—

( a ) the discharge of oil or of an oily mixture from a vessel for the purpose of securing the safety of the vessel, preventing damage to the vessel or her cargo, or saving life, if such discharge was necessary and reasonable in the circumstances, or

( b ) the escape of oil or of an oily mixture from a vessel, resulting from damage to the vessel or from any leakage, not due to any want of reasonable care, if all reasonable precautions have been taken after the occurrence of the damage or discovery of the leakage for the purpose of preventing or minimising the escape.

(2) Section 11 shall not apply to the escape of oil or of an oily mixture from any place or apparatus, if the escape was not due to any want of reasonable care and if all reasonable steps have been taken after the discovery of the escape for the purpose of stopping or minimising it.

(3) Section 11 shall not apply to the discharge from any place of an effluent produced by operations for the refining of oil, if—

( a ) it was not reasonably practicable to dispose of the effluent otherwise than by so discharging it, and

( b ) all reasonably practicable steps had been taken for eliminating oil from the effluent, and

( c ) in the event of the surface of the waters into which the mixture was discharged, or land adjacent to those waters, being fouled by oil at the time of the discharge, it is shown that the fouling was not caused or contributed to by oil contained in any effluent discharged at or before that time from that place.

13.—(1) A harbour authority may provide, or cause to be provided, facilities for the discharge of oily residue from vessels using the harbour and arrange for its disposal.

(2) Whenever the Minister, after consultation with the harbour authority and with any organisation appearing to him to be representative of owners of ships registered in the State, is of opinion that such facilities or arrangements are necessary at a particular harbour, or that the existing facilities are inadequate, he may require the harbour authority to make such provision, and within such time, as he may consider necessary and may extend the time for complying with any such requirement.

(3) A harbour authority shall not be obliged to make any facilities provided under this section available for tankers or for the discharge of oily residues for the purpose of enabling a vessel to undergo repairs or to allow the disposal of residue from which the water has not been effectively separated but, subject thereto, the facilities shall be available for all vessels using the harbour.

(4) A harbour authority, or any person by arrangement with a harbour authority, providing facilities for vessels in accordance with this section may make reasonable charges, and impose reasonable conditions, for the use of the facilities.

14.—(1) If any oil or oily mixture—

( a ) is discharged from a vessel into the waters of a harbour for the purpose of securing the safety of the vessel, preventing damage to the vessel or her cargo, or saving life, or

( b ) is found to be escaping or to have escaped into such waters from a vessel as a result of damage to the vessel or leakage, or from any place on land,

the owner and the master of the vessel, or the occupier of the place, as the case may be, shall forthwith report the fact and cause of the occurrence to the harbour master.

(2) A person who fails to comply with subsection (1) shall be guilty of an offence and shall, on summary conviction, be liable to a fine not exceeding one hundred pounds.

15.—(1) No oil shall be transferred between sunset and sunrise to or from a vessel in a harbour unless notice has previously been given in accordance with this section to the harbour master.

(2) Notice shall be given not less than three and not more than ninety-six hours before the transfer of oil begins but, where transfers are frequently carried out at a particular place, a general notice to that effect, covering a period of not more than twelve months from the date of the notice, shall suffice.

(3) If any oil is transferred to or from a vessel in contravention of this section the master of the vessel, and, if the transfer is from or to a place on land, also, the occupier, shall be guilty of an offence and shall, on summary conviction, be liable to a fine not exceeding fifty pounds.

(4) This section shall not apply to the transfer of oil by or on the direction of the harbour master or the officer in charge of a fire brigade in the event of a fire.

16.—(1) The Minister may make regulations requiring ships registered in the State to be so fitted, and to comply with such requirements, as to prevent or reduce the discharge of oil or oily mixtures into the sea.

(2) A surveyor of ships and such other persons as the Minister may appoint may carry out such tests as may be prescribed for the purpose of this section and, for such tests, may charge such fees as the Minister, with the consent of the Minister for Finance, may direct.

(3) The owner and also the master of a ship, in respect of which there is a contravention of regulations under this section, shall be guilty of an offence. The offence shall be a continuing offence and fresh proceedings in respect of it may be taken from time to time.

17.—(1) The master of a ship registered in the State shall keep the prescribed records of—

( a ) the discharge of any oil or oily mixture from the ship for the purpose of securing the safety of the ship, preventing damage to the ship or her cargo, or saving life;

( b ) the escape of any oil or oily mixture from the ship, resulting from damage to the ship or leakage;

( c ) the carrying out of prescribed operations, being—

(i) the ballasting of and discharge of ballast from cargo tanks or bunker fuel tanks, and the cleaning of such tanks, or

(ii) the separation of oil in any oily mixture, or

(iii) the disposal from the ship of any oil, water or other substance arising from such operations, or

(iv) the disposal of any oily residue.

(2) The Minister may make regulations requiring the keeping of prescribed records of the transfer of oil to or from any vessel, whether registered in the State or not, while within the territorial seas or inland waters of the State. Records of transfer of oil to or from a barge shall be kept, respectively, by the person by whom the oil is supplied or to whom it is delivered. In every other case, the records shall be kept by the master of the vessel.

(3) Regulations for the purposes of this section may provide for the custody, preservation, disposal and inspection of records and for such other ancillary matters as may be prescribed.

(4) Every person who contravenes this section or regulations under it shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding two hundred and fifty pounds.

(5) Every person who makes in a record any entry or alteration which is to his knowledge false or misleading in any material respect shall be guilty of an offence and shall, on summary conviction, be liable to a fine not exceeding two hundred and fifty pounds or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.

18.—(1) The Government may by order apply section 16 or subsection (1) of section 17 to ships registered in other countries while they are in a harbour in the State or within the territorial seas while on their way to or from such a harbour, unless their presence there is due to stress of weather or some other unforeseen and unavoidable circumstance.

(2) The Government may by order exempt from such application a ship of any country, if satisfied that the requirements of the law of that country are equally effective and that the ship complies with them.

(3) The Government may by order revoke an order under this section.

PART III ENFORCEMENT AND PENALTIES

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 denounce 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.

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).

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.

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.

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).

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 mouths 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.

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 be 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.

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.

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.

Section 9.

SCHEDULE.

PROHIBITED ZONES.

PART I.

Initial Zones for Tankers.

1. The whole of the sea which lies—

( a ) outside the territorial seas of the State, and

( b ) within 100 miles from the coast of Ireland, Great Britain, Belgium, the Netherlands, the Federal Republic of Germany or Denmark.

2. The whole of the sea which lies—

( a ) south of latitude 62° north, and

( b ) within 50 miles from the coast of Norway.

3. So much of the Atlantic Ocean and of the English Channel, outside the territorial seas of the State, and outside the area specified in paragraph 1, as lies within a line drawn from a point on the Greenwich meridian 100 miles in a north-north-easterly direction from the Shetland Islands; thence northwards along the Greenwich meridian to latitude 64° north; thence westwards along the 64th parallel to longitude 10° west; thence to latitude 60° north, longitude 14° west; thence to latitude 54° 30’ north, longitude 30° west; thence to latitude 44° 20’ north, longitude 30° west; thence to latitude 48° north, longitude 14° west; thence eastwards along the 48th parallel to the coast of France.

PART II.

Initial Zones for Vessels other than Tankers.

1. The whole of the sea which lies—

( a ) outside the territorial seas of the State, and

( b ) within 100 miles from the coast of Ireland, Great Britain, Belgium, the Netherlands, the Federal Republic of Germany or Denmark, or within 100 miles from the coast of any of the Channel Islands.

2. The whole of the sea which lies—

( a ) south of latitude 62° north, and

( b ) within 50 miles from the coast of Norway.

PART III.

Additional Zones for Tankers.

1. The whole of the sea which lies within 50 miles from land, exclusive of—

( a ) the areas specified in Part I,

( b ) the territorial seas of the State, and

( c ) the Adriatic Sea and the area specified in paragraph 3.

2. So much of the Adriatic Sea as lies within 50 miles from the coast of Albania, and so much of the remainder of the Adriatic Sea as lies within 30 miles from any other coast (the island of Vis being disregarded).

3. The whole of the sea which lies within 150 miles from the coasts of Australia, except off the north and west coasts of the Australian mainland between the point opposite Thursday Island and the point on the west coast at 20° south latitude.

PART IV.

Additional Zones for Vessels other than Tankers.

1. The whole of the sea which lies within 50 miles from land, exclusive of—

( a ) the areas specified in Part II,

( b ) the territorial seas of the State, and

( c ) the Adriatic Sea.

2. So much of the Adriatic Sea as lies within 50 miles from the coast of Albania, and so much of the remainder of the Adriatic Sea as lies within 20 miles from any other coast (the island of Vis being disregarded).