Sea Pollution Act, 1991

Sea Pollution Act, 1991 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1991 Sea Pollution Act, 1991 Sea Pollution Act, 1991 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Print Full ActPriontáil an tAcht Iomlán Number 27 of 1991 SEA POLLUTION ACT, 1991

PART I

Preliminary and General Section

Section 1

Short title.

Section 2

Commencement.

Section 3

Interpretation.

Section 4

Exemptions from Act.

Section 5

Laying of orders and regulations before each House of Oireachtas.

Section 6

Fees.

Section 7

Expenses of Minister.

Section 8

Repeals.

Section 9

Continuance of orders, regulations etc.

PART II

Prevention of Pollution

Section 10

Prohibition on discharge of oil and other substances.

Section 11

Saver for discharges in certain circumstances.

Section 12

Facilities for disposal of oily residues and other substances.

Section 13

Report of discharge in State or into harbour or prescribed area.

Section 14

Equipment etc., of ships to prevent pollution.

Section 15

Keeping of records.

Section 16

Application of sections 14 and 15 to foreign ships.

PART III

Enforcement

Section 17

Surveys and inspections of ships.

Section 18

Surveys on behalf of a MARPOL Convention country.

Section 19

Surveyors of ships.

Section 20

Appointment of inspectors.

Section 21

Powers of inspectors.

Section 22

Defective ship or equipment.

Section 23

Refusal of entry of ships into harbour or State.

Section 24

Detention of ships.

Section 25

Powers of harbour-masters.

Section 26

Powers of Minister to prevent, mitigate or eliminate pollution.

Section 27

Right to recover compensation from Minister.

Section 28

Orders concerning Conventions and Protocols.

PART IV

Miscellaneous

Section 29

Penalties.

Section 30

Proceedings for offences.

Section 31

Offences by body corporate.

Section 32

Indictment of body corporate.

Section 33

Collection and application of fines.

Section 34

Proof of certain documents.

Section 35

Presumption of discharge.

Section 36

Amendment of Continental Shelf Act, 1968.

Section 37

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

Section 38

Evidence of expenses of Minister.

Section 39

Provisions relating to detention of ships.

Section 40

Detention of master of ship pending determination of proceedings (including appeals) under Act.

Section 41

Payment out of security provided for in section 40.

Section 42

Costs of prosecutions.

Section 43

Service of documents.

FIRST SCHEDULE Enactments Repealed SECOND SCHEDULE Amendment of Oil Pollution of the Sea (Civil Liability and Compensation) Act, 1988 Acts Referred to Arbitration Act, 1954 1954, No. 26 Continental Shelf Act, 1968 1968, No. 14 Criminal Procedure Act, 1967 1967, No. 12 Dumping at Sea Act, 1981 1981, No. 8 Fishery Harbour Centres Act, 1968 1968, No. 18 Harbours Act, 1946 1946, No. 9 Mercantile Marine Act, 1955 1955, No. 29 Merchant Shipping Act, 1894 57 and 58 Vict., c. 60 Oil Pollution of the Sea (Civil Liability and Compensation) Act, 1988 1988, No. 11 Petty Sessions (Ireland) Act, 1851 14 and 15 Vict., c. 93 Public Offices Fees Act, 1879 42 and 43 Vict., c. 58 Number 27 of 1991 SEA POLLUTION ACT, 1991 AN ACT TO MAKE PROVISION FOR THE PREVENTION OF POLLUTION OF THE SEA BY OIL AND OTHER SUBSTANCES; AND TO GIVE EFFECT TO THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS DONE AT LONDON ON THE 2nd DAY OF NOVEMBER, 1973, AS AMENDED BY THE PROTOCOL DONE AT LONDON ON THE 17th DAY OF FEBRUARY, 1978; AND TO GIVE EFFECT TO THE PROTOCOL RELATING TO INTERVENTION ON THE HIGH SEAS IN CASES OF POLLUTION BY SUBSTANCES OTHER THAN OIL DONE AT LONDON ON THE 2nd DAY OF NOVEMBER, 1973; AND TO PROVIDE FOR THE REPEAL OF THE OIL POLLUTION OF THE SEA ACTS, 1956 TO 1977; AND TO PROVIDE FOR OTHER MATTERS RELATED TO THE FOREGOING MATTERS. [26th November, 1991] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART I

Preliminary and General Short title.

1.—This Act may be cited as the Sea Pollution Act, 1991.

Commencement.

2.—This Act shall come into operation on such day or days as the Minister by order appoints and different days may be appointed for different provisions.

Interpretation.

3.—(1) In this Act, except where the context otherwise requires— “discharge”, in relation to oil, oily mixtures, noxious liquid substances, harmful substances, sewage or garbage, or any effluent containing any of those substances, means any release, howsoever caused, from a ship and includes any escape, disposal, spilling, leaking, pumping, emitting or emptying of any substance from a ship, but does not include— (a) dumping, within the meaning of the Dumping at Sea Act, 1981 , or (b) the release of oil, oily mixtures, noxious liquid substances or harmful substances directly arising from the exploration, exploitation and associated offshore processing of sea-bed mineral resources, or (c) the release of oil, oily mixtures, noxious liquid substances or harmful substances for the purpose of legitimate scientific research into pollution abatement or control; “fauna” means all wild animals (both aquatic and terrestrial) and includes in particular wild birds, wild mammals, reptiles, non-aquatic invertebrate animals and amphibians, and all such wild animals' eggs and young, and also includes all species of fish and other aquatic invertebrate animals and their eggs or spawn or brood or young; “flora” means all plants (both aquatic and terrestrial) which occur in the wild (whether within or without the State) and are not trees, shrubs or other plants being grown in the course of agriculture or horticulture and includes, in particular, lichens, mosses, liverworts, fungi, algae, marine algae and vascular plants, namely, flowering plants, ferns, and fern-allied plants and any community of such plants; “garbage” means all kinds of victual, domestic and operational waste (excluding fresh fish and parts thereof) and any other substance generated during the normal operation of a ship and liable to be disposed of either continuously or periodically other than a substance specifically regulated by this Act; “harbour” includes any dock, pier, wharf, jetty, boatslip, offshore terminal, installation or place intended or used for the accommodation, berthing or anchorage or for the shipping, unshipping or transhipping of goods; “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 the Commissioners of Public Works in Ireland, the Commissioners; (c) in the case of a fishery harbour centre to which the Fishery Harbour Centres Act, 1968 , applies, or Dún Laoghaire Harbour, the Minister for the Marine;

(d) in the case of a harbour under the control of a local authority, the local authority concerned; or (e) in the case of a harbour under the management of Iarnród Éireann — Irish Rail, that company; “harbour-master” means a person appointed by a harbour authority to be a harbour-master and includes a person appointed by a harbour authority to enforce the provisions of this Act; “harmful substance” means any substance which, if introduced into the sea, is liable to— (a) create hazards to human health, (b) harm living marine resources, (c) harm flora and fauna, (d) damage amenities, or (e) interfere with legitimate uses of the sea, and any substance subject to control by the MARPOL Convention or prescribed under section 10 as a harmful substance and includes any such substance carried at sea, however carried; “inspector” means a person being— (a) a surveyor of ships, or (b) a person appointed to be an inspector by warrant of the Minister under section 20 , or (c) an officer holding a commissioned naval rank in the Defence Forces, or (d) a member of the Garda Síochána; “the Intervention Convention” means the International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties, 1969, done at Brussels on the 29th day of November, 1969; “the Intervention Protocol” means the Protocol Relating to Intervention on the High Seas in Cases of Pollution by Substances other than Oil, 1973, done at London on the 2nd day of November, 1973; “living marine resources” includes fish and the spawning grounds, or the food, of fish and includes all marine invertebrates, all crustaceans, and molluscs found in the sea; “maritime casualty” means a collision of ships, stranding or other incident of navigation, or other occurrence on board a ship or external to it resulting in material damage or imminent threat of material damage to a ship or cargo; “MARPOL Convention” means the International Convention for the Prevention of Pollution from Ships, 1973, done at London on the 2nd day of November, 1973, as amended by the Protocol thereto done at London on the 17th day of February, 1978; “master”, in relation to a ship, means the person having, for the time being, the command or charge of the ship; “the Minister” means the Minister for the Marine; “noxious liquid substance” means any liquid substance which, if introduced into the sea, is liable to— (a) create hazards to human health, (b) harm living marine resources, (c) harm flora and fauna, (d) damage amenities, or (e) interfere with legitimate uses of the sea,

and any liquid substance prescribed under section 10 as a noxious liquid substance; “oil” (other than in section 26 ) means petroleum in any form including crude oil, fuel oil, diesel oil, lubricating oil, sludge, oil refuse and refined products and any oil or oily mixture prescribed as such under section 10 but does not include any substance prescribed as a noxious liquid substance; “oily mixture” means a mixture which has any oil content; “owner”, in relation to a ship, means the person registered as the owner of the ship, the person who owns the ship, and, in the case of a ship which is owned by a state (including the State) and is operated by a person who in that state is registered as the ship's operator, “owner” means the person registered as such operator; “pollution”, when used without qualification, includes pollution by oil, by an oily mixture, by a noxious liquid substance, by a harmful substance, by sewage or by garbage; “prescribe” means prescribe by regulations made by the Minister and “prescribed” shall be construed accordingly; “related interests” has the meaning specified in section 26

Exemptions from Act.

4.—(1) This Act shall not apply to any warship or to any ship for the time being used by the government of any country for purposes other than commercial purposes.

Laying of orders and regulations before each House of Oireachtas.

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 the order or regulation is passed by either such House within the next twenty-one days on which that House has sat after the order or regulation has been laid before it, the order or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

Fees.

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 any fees so taken and collected shall be paid into, or disposed of for the benefit of, the Exchequer in accordance with the directions of the Minister for Finance.

Expenses of Minister.

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.

Repeals.

8.—Each enactment set out in the First Schedule to this Act is hereby repealed to the extent specified in the third column of that Schedule.

Continuance of orders, regulations etc.

9.—Every order and regulation made, and every direction given, by the Minister, under any provision of any enactment which is repealed by this Act, which is in force immediately before the commencement of this Act (or, as the case may be, before the commencement of the relevant provision of this Act) shall continue in force and may be amended or revoked as if it were made or given, as the case may be, under this Act.

PART II

Prevention of Pollution Prohibition on discharge of oil and other substances.

10.—(1) To give full effect to the purposes of this Act, the Minister may make regulations— (a) prohibiting or regulating the discharge anywhere at sea from a ship registered in the State or the discharge in the State from any ship of any oil, oily mixture, noxious liquid substance, harmful substance, sewage or garbage; (b) governing prescribed operations on board ship relating to any such substance carried on the ship.

Saver for discharges in certain circumstances.

11.—Regulations under section 10 shall not apply to— (a) the discharge into the sea of any oil, oily mixture, noxious liquid substance, harmful substance, sewage or garbage for the purpose of— (i) securing the safety of a ship, or (ii) saving life at sea, if such discharge was, having regard to all the circumstances, necessary and reasonable; or (b) the discharge into the sea of any oil, oily mixture, noxious liquid substance, harmful substance, sewage or garbage which resulted from any damage to the ship, or to its equipment provided that all reasonable steps have been taken after the occurrence of the damage or, as the case may be, the discovery of the discharge, to prevent or minimise the discharge and the owner or the master did not act with intent to cause damage or recklessly; or (c) the discharge into the sea of any prescribed substance for the purpose of minimising the damage from pollution, provided that the discharge was sanctioned by or on behalf of the Minister.

Facilities for disposal of oily residues and other substances.

12.—(1) Whenever the Minister is of opinion, in relation to any harbour in the State, that— (a) facilities for the discharge or disposal of oil, oily mixtures, noxious liquid substances, harmful substances, sewage or garbage are necessary, or (b) that the facilities which exist at the harbour for such discharge or such disposal are inadequate, he may, by regulations, require— (i) where there is a harbour authority in charge of the harbour, the harbour authority, and (ii) in any other case, the person under whose control the harbour is, to make such provision as may be specified in the regulations for such discharge or such disposal.

Report of discharge in State or into harbour or prescribed area.

13.—(1) Whenever— (a) there is a discharge or probable discharge in the State or in any prescribed area outside the State of any oil, oily mixture, noxious liquid substance, harmful substance, sewage or garbage resulting from damage to a ship, or for the purpose of securing the safety of a ship, or saving human life, or (b) there is, during the operation of a ship in the State or any such prescribed area, a discharge or probable discharge of any such substance in excess of the quantity, if any, permitted by regulations under section 10 , the owner or the master of the ship shall forthwith report the fact and cause of the incident to the Minister or, if it occurred in a harbour, to the harbour-master or person having control of the harbour.

Equipment etc., of ships to prevent pollution.

14.—(1) The Minister may by regulations require the owner or master of a ship, or ship of a prescribed class, registered in the State to have such ship— (a) constructed, fitted or operated in such manner as may be specified in the regulations, and (b) comply with such other requirements as may be so specified, so as to prevent, control or reduce the discharge into the sea of oil, oily mixtures, noxious liquid substances, harmful substances, sewage or garbage.

Keeping of records.

15.—(1) The master of a ship to which section 14 applies shall keep— (a) such records as may be prescribed of operations on board his ship in relation to any prescribed substance; (b) such records as may be prescribed of the discharge of any prescribed substance resulting from damage to a ship, or for the purpose of— (i) securing the safety of a ship, or (ii) saving life at sea, or (c) such records as may be prescribed of the discharge of any substance, in excess of the quantity, if any, permitted by regulations under section 10 .

Application of sections 14 and 15 to foreign ships.

16.— Sections 14 and 15 shall apply in relation to a ship and the owner and master of a ship registered in a country other than the State whilst that ship is in the State as if the ship was registered in the State.

PART III

Enforcement Surveys and inspections of ships.

17.—(1) The Minister, in order to establish that any ship or class of ship complies with the requirements of regulations under section 14 , may by regulations require that any ship, or ship of such class as may be specified in the regulations, its equipment and fittings be surveyed, inspected or tested in such manner and at such times as may be prescribed.

Surveys on behalf of a MARPOL Convention country.

18.—(1) The Minister, at the request of the Government of another country which is a Party to the MARPOL Convention, may cause a ship registered in that country to be surveyed; in that case, sections 14 and 17 shall apply to such ship as if it were a ship registered in the State and the owner had submitted to the survey.

Surveyors of ships.

19.—A surveyor of ships shall be an inspector for the purposes of this Act and shall, subject to such directions as may be given by the Minister, report 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 pollution caused by the escape from ships of oil, oily mixtures, noxious liquid substances, harmful substances, sewage or garbage; (c) whether facilities exist in any harbour or any other place in the State for the discharge and disposal of such substances and whether such facilities are adequate.

Appointment of inspectors.

20.—(1) The Minister may, by warrant, appoint a person to be an inspector to carry out for the purposes of this Act such functions as are specified in the warrant.

Powers of inspectors.

21.—(1) An inspector may do all such things as he considers necessary for the purpose of carrying out his functions under this Act.

Defective ship or equipment.

22.—(1) Where an inspector determines, having inspected a ship, that the ship or any equipment or fitting thereon— (a) does not correspond substantially with the particulars specified in a certificate under section 17 or an equivalent certificate issued by another Party to the MARPOL Convention, or (b) is so defective that the ship is not fit to put to sea without presenting a serious threat of damage to the marine environment, the inspector shall direct the master forthwith to do everything that is necessary to ensure that— (i) the ship or its equipment corresponds with the said particulars, or (ii) any defect so determined by the inspector is remedied, as the case may be.

Refusal of entry of ships into harbour or State.

23.—(1) A harbour-master may refuse entry into the harbour over which he has control to a ship which he has reasonable cause to believe— (a) does not comply with the requirements of this Act, or (b) would cause a serious threat of damage to flora or fauna, living marine resources, the harbour or other ships, unless the entry of the ship is necessary for the purpose of saving life.

Detention of ships.

24.—(1) Whenever an inspector or a harbour-master has reasonable cause to believe that a ship has caused or may cause pollution and the ship is in the State, he may stop and detain the ship.

Powers of harbour-masters.

25.—(1) Without prejudice to any other power conferred by this Act, a harbour-master, in the case of any ship which may be in the harbour over which he has control, may— (a) go on board the ship and inspect, for the purposes of ascertaining the circumstances relating to an alleged discharge of any oil, oily mixture, noxious liquid substance, harmful substance, sewage or garbage into the harbour, the ship and its machinery and any boats, equipment, cargo or articles on board; (b) require the production of and inspect any record or other document required to be kept, under this Act or otherwise; (c) copy any entry in any such record or document and require the master of the ship or the person by whom the record or document is kept to certify that the copy is a true copy.

Powers of Minister to prevent, mitigate or eliminate pollution.

26.—(1) Subject to subsection (6), the Minister or any person authorised by him (an “authorised person”) may for the purpose of preventing, mitigating or eliminating danger from pollution or threat of pollution by oil, or by any substance other than oil as defined in subsection (10), following upon a maritime casualty or acts related to such a casualty, give such directions as seem to him to be appropriate to— (a) the owner or master of the ship; or (b) any person who is, or who reasonably appears to the Minister or authorised person to be, in charge of the ship; or (c) any salvor who is in possession of the vessel and is in charge of a salvage operation; or (d) such other person, to whom it may appear reasonable and necessary to the Minister or authorised person to give directions.

Right to recover compensation from Minister.

27.—(1) Any person who establishes that any measures taken outside the territorial waters of the State pursuant to section 26 in relation to a ship registered in the State or in a country which is a party to the Intervention Convention went beyond what were reasonably necessary to achieve their purpose shall be entitled to recover compensation from the Minister either by an award referred to in subsection (3) or in any court of competent jurisdiction for any loss or damage caused to that person by reason of the fact that such measures exceeded those reasonably necessary to achieve that purpose.

Orders concerning Conventions and Protocols.

28.—If the Minister is satisfied that— (a) any country (other than the State) has accepted or denounced the Intervention Convention, the Intervention Protocol or the MARPOL Convention or any Convention or Protocol which has been ratified by the State and which amends or extends any such Convention or Protocol, or (b) any such Convention or Protocol extends, or ceases to extend, to any territory, he may by order so declare.

PART IV

Miscellaneous Penalties.

29.—A person who commits an offence under this Act shall be liable— (a) on summary conviction, to a fine not exceeding £1,000, or to imprisonment for any term not exceeding twelve months, or, at the discretion of the court, to both such fine and such imprisonment, or (b) on conviction on indictment, to a fine not exceeding £10,000,000, or to imprisonment for any term not exceeding 5 years, or, at the discretion of the court, to both such fine and such imprisonment.

Proceedings for offences.

30.—(1) Summary proceedings for any offence under this Act may be brought and prosecuted by the Minister.

Offences by body corporate.

31.—Where an offence under this Act is committed by a body corporate and the offence is proved to have been committed with the consent, or connivance, of, or to have been facilitated by any neglect on the part of, any director, manager, secretary, or other similar officer of such body, or of any person who was purporting to act in any such capacity, he, as well as such body, shall be guilty of that offence.

Indictment of body corporate.

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

Collection and application of fines.

33.—(1) Subject to subsection (3), all fines in respect of offences under this Act shall be paid into the Exchequer in accordance with such directions as may, from time to time, be given by the Minister for Finance.

Proof of certain documents.

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

Presumption of discharge.

35.—Where, as respects a ship registered in the State or a ship wherever registered while in the State, a discharge of any substance to which this Act applies is sighted and the ship is sighted in close proximity to the discharge, it shall be presumed, until the contrary is proved, that it was discharged from the ship.

Amendment of Continental Shelf Act, 1968.

36.—(1) The Continental Shelf Act, 1968 , is hereby amended by the substitution for section 7 of the following section: “Discharge of oil or other substances.

7.—(1) The Minister for Energy, in consultation with the Minister for the Marine, may make regulations prohibiting or regulating the discharge of any oil, oily mixture, noxious liquid substance, harmful substance, sewage or garbage— (a) from a pipe-line, or (b) otherwise than from a ship, as a result of any operation for the exploration of the sea-bed and subsoil, or the exploitation of their natural resources in a designated area.

(2)

Section 7

of the Continental Shelf Act, 1968 (inserted in that Act by subsection (1)), shall apply for the purposes of this Act to the national territory as it applies to designated areas.

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

37.—The Oil Pollution of the Sea (Civil Liability and Compensation) Act, 1988 , shall have effect subject to the provisions of the Second Schedule .

Evidence of expenses of Minister.

38.—Where the Minister is entitled under section 26 to recover any expenses a certificate sealed with the official seal of the Minister and certifying the amount of the expenses shall be prima facie evidence of that amount.

Provisions relating to detention of ships.

39.—(1) Whenever an inspector or a harbour-master, in exercise of the powers conferred by section 22

Detention of master of ship pending determination of proceedings (including appeals) under Act.

40.—(1) Where a person is convicted of an offence under this Act, or proceedings in relation to an offence are dismissed, and the ship in relation to which the offence has been committed has been detained under this Act, the Judge or, as the case may be, the District Justice, concerned shall, by order directed to an inspector or harbour-master, require the inspector or harbour-master, in the event of an appeal from, or other proceedings in relation to, the order of the court hearing the matter, to detain the master on board the ship further pending the determination of the appeal or other proceedings (and any proceedings consequent on the appeal or other proceedings) at a specified place in the State or until further order.

Payment out of security provided for in section 40 .

41.—Whenever security is given by a defendant pursuant to section 40 for the payment of any fine imposed in respect of an offence under this Act and for the estimated costs of any trials, appeals or other proceedings in respect of such an offence, the court may, when the trial, appeal or other proceedings, as the case may, has or have been finally determined, if it decides that it is proper so to do, on application of the prosecutor, direct that the amount of the fine imposed in respect of the offence together with the amount of any costs awarded in respect of any trial, appeal or other proceedings, be paid to the Minister out of the security.

Costs of prosecutions.

42.—Where a person is convicted of an offence under this Act committed after the commencement of this section, the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the Minister or to the harbour authority concerned the costs and expenses, measured by the court, reasonably incurred by the Minister or authority in relation to the investigation, detection and prosecution of the offence, including costs incurred in the taking of samples, the carrying out of tests, examinations and analyses and in respect of the remuneration and other expenses of employees, consultants and advisers.

Service of documents.

43.—(1) Where a District Justice proposes to make an order for the release on bail of a defendant before him charged with an offence under this Act who is ordinarily resident outside the State, he shall (unless he is satisfied that all documents (including an indictment) required by law to be served on the defendant in connection with or for the purpose of the charge or of any proceedings arising out of or connected with the charge can be duly served on the defendant in the State) direct that those documents may, in lieu of being served on the defendant, be served on a person specified in the direction who is ordinarily resident in the State.

FIRST SCHEDULE Enactments Repealed

Section 8

.

Session and Chapter or Number and Year Short Title Extent of Repeal

(1)

(2)

Section 37

.

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