Oil Pollution of the Sea Act, 1956
What is this act about?
This law, the Oil Pollution of the Sea Act, 1956, aims to prevent the pollution of the sea and navigable waters by oil. It does this by implementing an international agreement and setting rules for discharging oil.
Who it applies to: Owners and masters of ships registered in the State; Owners and masters of foreign ships in certain circumstances.
At a glance
- Country
- Ireland
- Area of law
- Environment and agriculture
- Articles
- 27
- Source
- irishstatutebook.ie
- Text retrieved
- Explanation updated
What does this act regulate?
- The discharge of oil and oily mixtures from vessels in specific sea areas.
- The discharge of oil and oily mixtures into the territorial seas and inland waters of the State.
- The provision of facilities in harbours for disposing of oily residue from vessels.
- The equipment of ships to prevent oil pollution and the keeping of oil records.
Who does this act apply to?
- Owners and masters of ships registered in the State.
- Owners and masters of foreign ships in certain circumstances.
- Occupiers of places on land and persons in charge of apparatus for transferring oil, if a discharge occurs.
- Harbour authorities and harbour masters.
What are the key points?
- Discharging oil or oily mixtures that foul the sea surface is prohibited in designated "prohibited zones" for tankers and other ships.
- Discharging oil or oily mixtures into the territorial seas or inland waters of the State is an offence.
- Exceptions exist for discharges necessary for safety, preventing damage, or saving life, or due to unavoidable damage/leakage if reasonable precautions are taken.
- Harbour authorities may provide facilities for the disposal of oily residue from vessels.
Environment and agriculture
Legal text
Legal text
Oil Pollution of the Sea Act, 1956 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 1956 Oil Pollution of the Sea Act, 1956 Oil Pollution of the Sea Act, 1956 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 Print Full ActPriontáil an tAcht Iomlán Number 25 of 1956.
OIL POLLUTION OF THE SEA ACT, 1956.
ARRANGEMENT OF SECTIONS
PART I.
PRELIMINARY AND GENERAL.
Section
Section 1
Short title.
Section 2
Commencement.
Section 3
Definitions.
Section 4
Exemptions.
Section 5
Laying of orders and regulations before Houses of the Oireachtas.
Section 6
Fees.
Section 7
Expenses.
Section 8
Repeal.
PART II.
PREVENTION OF OIL POLLUTION OF THE SEA.
Section 9
Prohibited zones.
Section 10
Discharge of oil in prohibited zones.
Section 11
Discharge of oil into territorial seas and inland waters.
Section 12
Saver for discharge in special circumstances.
Section 13
Harbour facilities for disposal of oily residue.
Section 14
Report of discharge into harbours.
Section 15
Transfer of oil at night.
Section 16
Equipment of ships to prevent pollution by oil.
Section 17
Keeping of oil records.
Section 18
Application of sections 16 and 17 (1) to foreign ships.
PART III.
ENFORCEMENT AND PENALTIES.
Section 19
Enforcement of Convention as to keeping of oil records.
Section 20
Appointment of Inspectors.
Section 21
Powers of inspectors.
Section 22
Powers of harbour masters.
Section 23
Penalties.
Section 24
Prosecution of offences.
Section 25
Indictment of bodies corporate.
Section 26
Collection and application of fines.
Section 27
Admissibility of records as evidence.
SCHEDULE.
Prohibited Zoneso Acts Referred to Harbours Act, 1946 No. 9 of 1946 Oil in Navigable Waters Act, 1926 No. 5 of 1926 Number 25 of 1956.
OIL POLLUTION OF THE SEA ACT, 1956.
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.
Short title.
1.—This Act may be cited as the Oil Pollution of the Sea Act, 1956.
Commencement.
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.
Definitions.
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.
Exemptions.
4.—(1) This Act does not apply to a vessel of the Irish Naval Service, wholly manned by personnel of the Service.
Laying of orders and regulations before Houses of the 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 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.
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 shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister for Finance.
Expenses.
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.
Repeal.
8.—The Oil in Navigable Waters Act, 1926 (No. 5 of 1926), is hereby repealed.
PART II.
Prevention of Oil Pollution of the Sea.
Prohibited zones.
9.—(1) Subject to subsection (3), the sea areas specified in Parts I and III of the Schedule shall be prohibited zones for tankers.
Discharge of oil in prohibited zones.
10.—(1) This section applies to crude oil, fuel oil and lubricating oil.
Discharge of oil into territorial seas and inland waters.
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.
Saver for discharge in special circumstances.
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.
Harbour facilities for disposal of oily residue.
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.
Report of discharge into harbours.
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.
Transfer of oil at night.
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.
Equipment of ships to prevent pollution by oil.
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.
Keeping of oil records.
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.
Application of sections 16 and 17 (1) to foreign ships.
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.
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.
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.
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.
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.
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.
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.
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.
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.
SCHEDULE.
Prohibited Zones.
Section 9
.
Part I.
Initial Zones for Tankers.
Part II.
Initial Zones for Vessels other than Tankers.
Part III.
Additional Zones for Tankers.
Part IV.
Additional Zones for Vessels other than Tankers.
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