(LRC Revised)

Number 14 of 1996

DUMPING AT SEA ACT 1996

REVISED

Updated to 1 August 2025

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative consolidation of the

Dumping at Sea Act 1996

. It is prepared by the Law Reform Commission in accordance with its function under

the

Law Reform Commission Act 1975

(3/1975) to keep the law under review and to undertake revision and consolidation

of statute law.

All Acts up to and including the

Statute Law Revision Act 2025

(10/2025), enacted 23 July 2025, and all statutory

instruments up to and including the

Urban Wastewater (Nutrient - Sensitive Areas) Regulations 2025

(S.I. No. 403 of 2025), made 1 August 2025, were considered in the

preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

to

revisedacts@lawreform.ie.

Number

14

of

1996

DUMPING AT SEA ACT 1996

REVISED

Updated to 1 August 2025

ARRANGEMENT OF SECTIONS

Section

1.

Interpretation.

2.

Restrictions on dumping at sea of vessels, aircraft, substances and material.

3.

Prohibition of incineration of substances or material in maritime area.

4.

Prohibition of disposal of offshore installations and certain substances or material.

5.

Permits in relation to dumping.

5A.

Notice of application for permit under section 5.

6.

Powers of authorised officers.

7.

Provisions in relation to offences.

8.

Indictment of bodies corporate.

9.

Collection and application of fines.

10.

Penalties.

11.

Prosecution of offences by Attorney General.

12.

Prosecution of offences under Sea Pollution Act, 1991, by Attorney General.

13.

Fees.

14.

Expenses.

15.

Repeal of Act of 1981.

16.

Short title, collective citation and collective construction.

FIRST SCHEDULE

Criteria as to the Grant of Permits for Dumping

SECOND SCHEDULE

Part 1

The Exceptions to the Prohibition on Dumping as Contained in Annex IITO the Convention

for the Protection of the Marine Environment of the North-East Atlantic Done at Paris

on the 22

nd

day of September, 1992

Part 2

The Exceptions to the

Prohibition on Dumping Permitted in Accordance with annex III to the Convention for

the

Protection of the Marine Environment of the North-East Atlantic done at Paris on the

22nd day of September, 1992

Number

14

of

1996

DUMPING AT SEA ACT 1996

REVISED

Updated to 1 August 2025

AN ACT TO MAKE FURTHER PROVISION TO CONTROL DUMPING AT SEA, TO GIVE EFFECT TO THE

CONVENTION FOR THE PROTECTION OF THE MARINE ENVIRONMENT OF THE NORTH-EAST ATLANTIC

DONE AT PARIS ON THE 22ND DAY OF SEPTEMBER, 1992, AND FOR THOSE PURPOSES TO REPEAL

AND RE-ENACT WITH AMENDMENTS THE

DUMPING AT SEA ACT, 1981

, AND TO PROVIDE FOR RELATED MATTERS. [19

th June

, 1996]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not altering text)

C1

Certain functions under collectively cited

Dumping at Sea Acts 1996

to 2006

transferred to the Environmental Protection Agency (15.02.2010) by

Foreshore and Dumping at Sea (Amendment) Act 2009

(39/2009), s. 29,

commenced as per s. 1(5).

Transfer and vesting of

dumping at sea functions

29.

—

(1)

Such of the functions, immediately before the commencement date, of

the Minister for Agriculture, Fisheries and Food under the Dumping at Sea Acts

1996 to 2006 to which this Part relates are, on that date, transferred to the

Agency in accordance with and to the extent provided for by this Part and Schedule

2 and those provisions have effect for the purpose of vesting in the Agency the

functions so transferred.

(2) The administration and

business in connection with the performance of any functions transferred to the

Agency from the Minister for Agriculture, Fisheries and Food by subsection (1)

are, on the commencement date, transferred to the Agency.

C2

Application of collectively cited

Dumping at Sea Acts 1996 to 2009

restricted (21.09.2009) by

European Communities (Birds and Natural Habitats) Regulations 2011

(S.I. No. 477 of 2011), reg. 42(22) and sch. 2, and reg. (63(2).

Screening for Appropriate Assessment and Appropriate Assessment of implications for

European Sites

42. ...

(22) Notwithstanding any provision of any statute listed in the Second Schedule that

provides for the consent for a plan or project to which this Regulation applies to

be obtained by default on the failure of the public authority to provide a response

within a specified timescale or otherwise, that provision shall not have effect in

respect of any plan or project to which this Regulation applies.

...

General provisions regarding licences etc

63. ...

(2) A licence, consent, permission, permit, derogation or other authorisation given

under these Regulations or under any of the enactments referred to in the Second Schedule

may include conditions requiring compliance with any guideline or code of practice

issued under Regulation 71 or such provisions thereof as may be specified in the conditions.

...

SECOND SCHEDULE

Number

Year

Short Title/Citation

...

...

...

...

...

Dumping at Sea Acts 1996 to 2009

...

C3

Functions transferred and references to Department of and Minister for

Communications, Marine and Natural Resources

construed as

Agriculture

and Food

(19.10.2007) by

Sea Fisheries, Foreshore and Dumping at Sea

(Transfer of Departmental Administration and Ministerial Functions) Order

2007

(S.I. No. 707 of 2007), arts. 2, 3 and sch., part 1, in effect as per

art. 1.

2. (1) The administration and business in connection with the exercise, performance

or execution of any functions transferred by Article 3 are transferred to the Department

of Agriculture and Food.

(2) A reference to the Department of Communications, Marine and Natural Resources

contained in any Act or instrument made thereunder and relating to any administration

and business transferred by paragraph (1) shall be construed as a reference to the

Department of Agriculture and Food.

3. (1) A function vested in the Minister for Communications, Marine and Natural Resources

by or under—

(a) an enactment cited in Part 1 of the Schedule to this Order, and ...

is transferred to the Minister for Agriculture and Food.

(2) A reference to the Minister for Communications, Marine and Natural Resources contained

in an enactment or instrument made under an enactment and relating to a function transferred

by this Article shall be construed as a reference to the Minister for Agriculture

and Food.

...

SCHEDULE

PART 1

...

Dumping at Sea Acts 1996 to 2006

Editorial Notes

E1

Provision for costs of certain proceedings under Act to be borne by each party in

certain circumstances made (7.07.2011) by

Foreshore (Amendment) Act 2011

(20/2011), Part 2 (ss. 3-8), commenced on enactment. The 2011 Act, s. 8 provides

for judicial notice to be taken of the Convention on Access to Information, Public

Participation in Decision-Making and Access to Justice in Environmental Matters done

at Aarhus, Denmark on 25 June 1998.

E2

Requirements for authorisations granted under collectively cited

Dumping at Sea Acts 1996 to 2004

prescribed and requirement for review of existing authorisations under Act imposed

(30.07.2009) by

European Communities Environmental Objectives (Surface Waters) Regulations 2009

(S.I. No. 272 of 2009), regs. 7, 9 and 11, commenced as per reg. 1(2).

E3

Previous affecting provision: obligation to consult Minister for Arts, Culture and

the Gaeltacht before exercising any function to which regulation related under Act

imposed (26.02.1997) by

European Communities (Natural Habitats) Regulations 1997

(S.I. No. 94 of 1997), reg. 31(7) and sch. 2, pt. 1, commenced on enactment; revoked

(21.09.2011) by

European Communities (Birds and Natural Habitats) Regulations 2011

(S.I. No. 477 of 2011), reg. 73(1).

Annotations

Modifications (not altering text)

C1

Certain functions under collectively cited

Dumping at Sea Acts 1996

to 2006

transferred to the Environmental Protection Agency (15.02.2010) by

Foreshore and Dumping at Sea (Amendment) Act 2009

(39/2009), s. 29,

commenced as per s. 1(5).

Transfer and vesting of

dumping at sea functions

29.

—

(1)

Such of the functions, immediately before the commencement date, of

the Minister for Agriculture, Fisheries and Food under the Dumping at Sea Acts

1996 to 2006 to which this Part relates are, on that date, transferred to the

Agency in accordance with and to the extent provided for by this Part and Schedule

2 and those provisions have effect for the purpose of vesting in the Agency the

functions so transferred.

(2) The administration and

business in connection with the performance of any functions transferred to the

Agency from the Minister for Agriculture, Fisheries and Food by subsection (1)

are, on the commencement date, transferred to the Agency.

C2

Application of collectively cited

Dumping at Sea Acts 1996 to 2009

restricted (21.09.2009) by

European Communities (Birds and Natural Habitats) Regulations 2011

(S.I. No. 477 of 2011), reg. 42(22) and sch. 2, and reg. (63(2).

Screening for Appropriate Assessment and Appropriate Assessment of implications for

European Sites

42. ...

(22) Notwithstanding any provision of any statute listed in the Second Schedule that

provides for the consent for a plan or project to which this Regulation applies to

be obtained by default on the failure of the public authority to provide a response

within a specified timescale or otherwise, that provision shall not have effect in

respect of any plan or project to which this Regulation applies.

...

General provisions regarding licences etc

63. ...

(2) A licence, consent, permission, permit, derogation or other authorisation given

under these Regulations or under any of the enactments referred to in the Second Schedule

may include conditions requiring compliance with any guideline or code of practice

issued under Regulation 71 or such provisions thereof as may be specified in the conditions.

...

SECOND SCHEDULE

Number

Year

Short Title/Citation

...

...

...

...

...

Dumping at Sea Acts 1996 to 2009

...

C3

Functions transferred and references to Department of and Minister for

Communications, Marine and Natural Resources

construed as

Agriculture

and Food

(19.10.2007) by

Sea Fisheries, Foreshore and Dumping at Sea

(Transfer of Departmental Administration and Ministerial Functions) Order

2007

(S.I. No. 707 of 2007), arts. 2, 3 and sch., part 1, in effect as per

art. 1.

2. (1) The administration and business in connection with the exercise, performance

or execution of any functions transferred by Article 3 are transferred to the Department

of Agriculture and Food.

(2) A reference to the Department of Communications, Marine and Natural Resources

contained in any Act or instrument made thereunder and relating to any administration

and business transferred by paragraph (1) shall be construed as a reference to the

Department of Agriculture and Food.

3. (1) A function vested in the Minister for Communications, Marine and Natural Resources

by or under—

(a) an enactment cited in Part 1 of the Schedule to this Order, and ...

is transferred to the Minister for Agriculture and Food.

(2) A reference to the Minister for Communications, Marine and Natural Resources contained

in an enactment or instrument made under an enactment and relating to a function transferred

by this Article shall be construed as a reference to the Minister for Agriculture

and Food.

...

SCHEDULE

PART 1

...

Dumping at Sea Acts 1996 to 2006

Editorial Notes

E1

Provision for costs of certain proceedings under Act to be borne by each party in

certain circumstances made (7.07.2011) by

Foreshore (Amendment) Act 2011

(20/2011), Part 2 (ss. 3-8), commenced on enactment. The 2011 Act, s. 8 provides

for judicial notice to be taken of the Convention on Access to Information, Public

Participation in Decision-Making and Access to Justice in Environmental Matters done

at Aarhus, Denmark on 25 June 1998.

E2

Requirements for authorisations granted under collectively cited

Dumping at Sea Acts 1996 to 2004

prescribed and requirement for review of existing authorisations under Act imposed

(30.07.2009) by

European Communities Environmental Objectives (Surface Waters) Regulations 2009

(S.I. No. 272 of 2009), regs. 7, 9 and 11, commenced as per reg. 1(2).

E3

Previous affecting provision: obligation to consult Minister for Arts, Culture and

the Gaeltacht before exercising any function to which regulation related under Act

imposed (26.02.1997) by

European Communities (Natural Habitats) Regulations 1997

(S.I. No. 94 of 1997), reg. 31(7) and sch. 2, pt. 1, commenced on enactment; revoked

(21.09.2011) by

European Communities (Birds and Natural Habitats) Regulations 2011

(S.I. No. 477 of 2011), reg. 73(1).

Section

1.

Interpretation.

2.

Restrictions on dumping at sea of vessels, aircraft, substances and material.

3.

Prohibition of incineration of substances or material in maritime area.

4.

Prohibition of disposal of offshore installations and certain substances or material.

5.

Permits in relation to dumping.

5A.

Notice of application for permit under section 5.

6.

Powers of authorised officers.

7.

Provisions in relation to offences.

8.

Indictment of bodies corporate.

9.

Collection and application of fines.

10.

Penalties.

11.

Prosecution of offences by Attorney General.

12.

Prosecution of offences under Sea Pollution Act, 1991, by Attorney General.

13.

Fees.

14.

Expenses.

15.

Repeal of Act of 1981.

16.

Short title, collective citation and collective construction.

FIRST SCHEDULE

Criteria as to the Grant of Permits for Dumping

SECOND SCHEDULE

Part 1

The Exceptions to the Prohibition on Dumping as Contained in Annex IITO the Convention

for the Protection of the Marine Environment of the North-East Atlantic Done at Paris

on the 22

nd

day of September, 1992

Part 2

The Exceptions to the

Prohibition on Dumping Permitted in Accordance with annex III to the Convention for

the

Protection of the Marine Environment of the North-East Atlantic done at Paris on the

22nd day of September, 1992

Number

14

of

1996