(LRC Revised)

Number 18 of 1999

SEA POLLUTION (AMENDMENT) ACT 1999

REVISED

Updated to 22 November 2021

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

Sea Pollution (Amendment) Act 1999

. 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

Child and Family Agency

(Amendment) Act 2021

(34/2021), enacted 24 November 2021, and all statutory

instruments up to and including the

Maritime Jurisdiction Act 2021 (Commencement)

Order 2021

(S.I. No. 601 of 2021), made 17 November 2021, 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

18

of

1999

SEA POLLUTION (AMENDMENT) ACT 1999

REVISED

Updated to 22 November

2021

ARRANGEMENT OF SECTIONS

Section

1.

Interpretation.

2.

Preparation and submission of plans to Minister.

3.

Oil pollution emergency plans.

4.

Authorised officers.

5.

Powers of harbour-masters.

6.

Giving of directions by Minister.

7.

Duty to report oil pollution incident.

8.

Minister to prepare plan for preventing and minimising oil pollution damage.

9.

Acquisition of equipment and materials by Minister.

10.

Provision of assistance by foreign maritime administration.

11.

Provision of assistance by Minister outside State.

12.

Ships anchored outside harbour.

13.

Amendment of section 3 of Principal Act.

14.

Detention of ships.

15.

Provision relating to offences under Principal Act.

16.

Penalties.

17.

Application of certain provisions of Principal Act to offences under this Act.

18.

Miscellaneous.

19.

Short title, collective citation, construction and commencement.

Acts Referred to

Continental Shelf Act, 1968

1968, No. 14

Energy (Miscellaneous Provisions) Act, 1995

1995, No. 35

Fishery Harbour Centres Act 1968

1968, No. 18

Foreshore Act, 1933

1933, No. 12

Harbours Act, 1946

1946, No. 9

Harbours Act, 1996

1996, No. 11

Local Government Act, 1941

1941, No. 23

Maritime Jurisdiction Acts, 1959 to 1988

Mercantile Marine Act, 1955

1955, No. 29

Oil Pollution of the Sea (Civil Liability and Compensation) (Amendment) Act, 1998

1998, No. 13

Sea Pollution Act, 1991

1991, No. 27

Sea Pollution Acts, 1991 and 1995

Sea Pollution Acts, 1991 and 1996

Number

18

of

1999

SEA POLLUTION (AMENDMENT) ACT 1999

REVISED

Updated to 22 November

2021

AN ACT TO GIVE EFFECT TO THE INTERNATIONAL CONVENTION ON OIL POLLUTION PREPAREDNESS,

RESPONSE AND CO-OPERATION, 1990, DONE AT LONDON ON THE 30TH DAY OF NOVEMBER 1990,

TO AMEND THE SEA POLLUTION ACT, 1991, AND TO PROVIDE FOR RELATED MATTERS. [30

th June

, 1999]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not altering text)

C1

Application of Act and collectively cited

Sea Pollution Acts 1991 to 2006

affected (21.09.2011) by

European Communities (Birds and Natural Habitats) Regulations 2011

(S.I. No. 477 of 2011), regs. 42(22), 46(3), 63(2) and sch. 2, in effect as per reg.

1(3).

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

...

Review of existing plans

46. ...

(3) For the purposes of this Regulation, a decision, including a decision to adopt

or undertake, or give approval for a plan, may include those adopted, undertaken or

approved pursuant to any of the enactments set out in the Second Schedule to these

Regulations.

...

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

...

...

...

Sea Pollution Acts 1991 to 2006

...

C2

Functions in relation to collectively cited

Sea Pollution Acts 1991 to 1999

transferred and references to “Minister for” and “Department of Communications, Marine and Natural Resources” construed (1.01.2006) by

Maritime Transport, Safety and Security (Transfer of Departmental Administration and

Ministerial Functions) Order 2005

(S.I. No. 842 of 2005), arts. 3, 4 and sch. part 1, in effect as per art. 1(2), subject

to transitional provisions in arts. 5-9. Note that name changed to Transport, Tourism

and Sport (2.04.2011) by

Transport (Alteration of Name of Department and Title of Minister) Order 2011

(S.I. No. 141 of 2011), in effect as per art. 1(2).

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

or execution of any functions transferred by Article 4 of this Order are transferred

to the Department of Transport.

(2) References 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) of this Article shall, from the commencement of this

Order, be construed as references to the Department of Transport.

4. (1) The functions vested in the Minister for Communications, Marine and Natural

Resources-

(a) by or under the Acts specified in Part 1,

...

of the Schedule to this Order are transferred to the Minister for Transport.

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

in any Act or instrument made thereunder and relating to any functions transferred

by this Article shall, from the commencement of this Order, be construed as references

to the Minister for Transport.

...

Schedule

Article 4(1)

Part 1

Acts

...

Sea Pollution Acts 1991 to 1999

...

Annotations

Modifications (not altering text)

C1

Application of Act and collectively cited

Sea Pollution Acts 1991 to 2006

affected (21.09.2011) by

European Communities (Birds and Natural Habitats) Regulations 2011

(S.I. No. 477 of 2011), regs. 42(22), 46(3), 63(2) and sch. 2, in effect as per reg.

1(3).

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

...

Review of existing plans

46. ...

(3) For the purposes of this Regulation, a decision, including a decision to adopt

or undertake, or give approval for a plan, may include those adopted, undertaken or

approved pursuant to any of the enactments set out in the Second Schedule to these

Regulations.

...

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

...

...

...

Sea Pollution Acts 1991 to 2006

...

C2

Functions in relation to collectively cited

Sea Pollution Acts 1991 to 1999

transferred and references to “Minister for” and “Department of Communications, Marine and Natural Resources” construed (1.01.2006) by

Maritime Transport, Safety and Security (Transfer of Departmental Administration and

Ministerial Functions) Order 2005

(S.I. No. 842 of 2005), arts. 3, 4 and sch. part 1, in effect as per art. 1(2), subject

to transitional provisions in arts. 5-9. Note that name changed to Transport, Tourism

and Sport (2.04.2011) by

Transport (Alteration of Name of Department and Title of Minister) Order 2011

(S.I. No. 141 of 2011), in effect as per art. 1(2).

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

or execution of any functions transferred by Article 4 of this Order are transferred

to the Department of Transport.

(2) References 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) of this Article shall, from the commencement of this

Order, be construed as references to the Department of Transport.

4. (1) The functions vested in the Minister for Communications, Marine and Natural

Resources-

(a) by or under the Acts specified in Part 1,

...

of the Schedule to this Order are transferred to the Minister for Transport.

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

in any Act or instrument made thereunder and relating to any functions transferred

by this Article shall, from the commencement of this Order, be construed as references

to the Minister for Transport.

...

Schedule

Article 4(1)

Part 1

Acts

...

Sea Pollution Acts 1991 to 1999

...