(LRC Revised)

Number 9 of 2005

SEA POLLUTION (HAZARDOUS SUBSTANCES) (COMPENSATION) ACT 2005

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 (Hazardous Substances) (Compensation) Act 2005

. 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

9

of

2005

SEA POLLUTION (HAZARDOUS SUBSTANCES) (COMPENSATION) ACT 2005

REVISED

Updated to 22 November

2021

ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title, collective citation, collective construction and commencement.

2.

Interpretation.

3.

Orders.

4.

Laying of orders and regulations before Houses of Oireachtas.

5.

Expenses.

6.

Penalties and offences.

7.

Proceedings.

PART 2

Convention of 1996

8.

Convention to have force of law.

9.

Order declaring state (other than State) to be State Party.

10.

Hazardous and Noxious Substances Fund.

11.

Conversion of amounts in units of account into currency of State for purposes of Convention.

12.

Act not to apply to certain ships.

13.

Construction of reference to competent public authority.

14.

Limitation of liability.

15.

Insurance of ships.

16.

Actions for compensation under Convention.

17.

Final judgment to be recognised and enforceable in State.

18.

Application for enforcement order.

19.

Payment of interest on judgment and payment of costs.

20.

Effect of order under

section 18

.

21.

Documents required to accompany application for order under

section 18

.

22.

Recognition and enforcement of judgment of court or tribunal of Member State of European

Community.

23.

Inspectors.

24.

Detention of ships.

25.

Recovery of fines etc. for certain offences.

26.

Returns of hazardous and noxious substances received in the State.

27.

Contributions to Fund.

PART 3

Miscellaneous

28.

Construction of certain references in Merchant Shipping (Liability of Shipowners and

Others) Act 1996.

29.

Amendment of section 8 of Oil Pollution of the Sea (Civil Liability and Compensation)

Act 1988.

SCHEDULE 1

International Convention on Liability and Compensation for Damage in connection with

the Carriage of Hazardous and Noxious Substances by Sea, 1996

SCHEDULE 2

Protocol of 1996 to amend the Convention on Limitation of Liability for Maritime Claims,

1976

Acts Referred to

Companies Act 1963

1963, No. 33

Criminal Procedure Act 1967

1967, No. 12

Fishery Harbour Centres Act 1968

1968, No. 18

Harbours Act 1946

1946, No. 9

Harbours Act 1996

1996, No. 11

Maritime Jurisdiction Acts 1959 to 1988

Mercantile Marine Act 1955

1955, No. 29

Merchant Shipping (Liability of Shipowners and Others) Act 1996

1996, No. 35

Merchant Shipping Acts 1894 to 2000

Oil Pollution of the Sea (Civil Liability and Compensation)

1998, No. 13

(Amendment) Act 1998

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

1988, No. 11

Oil Pollution of the Sea (Civil Liability and Compensation) Acts 1988 to 2003

Petty Sessions (Ireland) Act 1851

14 & 15 Vict., c. 93

Public Offices Fees Act 1879

42 & 43 Vict., c. 58

Number

9

of

2005

SEA POLLUTION (HAZARDOUS SUBSTANCES) (COMPENSATION) ACT 2005

REVISED

Updated to 22 November

2021

AN ACT TO GIVE EFFECT TO THE INTERNATIONAL CONVENTION ON LIABILITY AND COMPENSATION

FOR DAMAGE IN CONNECTION WITH THE CARRIAGE OF HAZARDOUS AND NOXIOUS SUBSTANCES BY

SEA, 1996, DONE AT LONDON ON THE 3RD DAY OF MAY, 1996; TO GIVE EFFECT TO THE PROTOCOL

OF 1996 TO AMEND THE CONVENTION ON LIMITATION OF LIABILITY FOR MARITIME CLAIMS, 1976,

DONE AT LONDON ON THE 2nd DAY OF MAY, 1996, AND FOR THAT PURPOSE TO AMEND THE MERCHANT

SHIPPING (LIABILITY OF SHIPOWNERS AND OTHERS) ACT 1996; TO AMEND THE OIL POLLUTION

OF THE SEA (CIVIL LIABILITY AND COMPENSATION) ACT 1988; AND TO PROVIDE FOR MATTERS

CONNECTED THEREWITH.

[30

th May,

2005]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not altering text)

C1

Functions 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, 8 and 9, in effect as per art. 1(2), subject

to transitional provisions in arts. 5, 6 and 7. (Note: name of Minister and Department

changed (2.04.2011) to Transport, Tourism and Sport by

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

(S.I. No. 141 of 2011)).

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,

...

(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.

...

8. References to the Minister for Communications, Marine and Natural Resources contained

in the memorandum and articles of association of any company and relating to any function

transferred by this Order shall, on and after the commencement of this Order, be construed

as references to the Minister for Transport.

9. (1) All property, rights and liabilities held, enjoyed or incurred before the commencement

of this Order by the Minister for Communications, Marine and Natural Resources, in

connection with the functions transferred by this Order are transferred to the Minister

for Transport and, accordingly, without any further conveyance, transfer or assignment,

from such commencement -

(a) that property, real and personal shall vest in the Minister for Transport,

(b) those rights shall be enjoyed by the Minister for Transport, and

(c) those liabilities shall be the liabilities of the Minister for Transport.

(2) All moneys, stocks, shares and securities transferred to the Minister for Transport

by this Article which, on such commencement, are standing in the name of the Minister

for Communications, Marine and Natural Resources shall on the request of the Minister

for Transport be transferred into the name of the Minister for Transport.

Schedule

Article 4(1)

Part 1

Acts

...

Merchant Shipping Acts 1894 to 2005

Oil Pollution of the Sea (Civil Liability and Compensation) Acts 1988 to 2005

...

Sea Pollution (Hazardous Substances) (Compensation) Act 2005 (No. 9 of 2005)

...

Editorial Notes

E1

Where liability or compensation provided for by Act, alternative remedy in respect

of environmental damage or an imminent threat of such damage excluded (1.04.2009)

by

European Communities (Environmental Liability) Regulations 2008

(S.I. No. 547 of 2008), reg. 4(2) and sch. 4 para. 3, in effect as per reg. 1(2).

Annotations

Modifications (not altering text)

C1

Functions 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, 8 and 9, in effect as per art. 1(2), subject

to transitional provisions in arts. 5, 6 and 7. (Note: name of Minister and Department

changed (2.04.2011) to Transport, Tourism and Sport by

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

(S.I. No. 141 of 2011)).

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,

...

(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.

...

8. References to the Minister for Communications, Marine and Natural Resources contained

in the memorandum and articles of association of any company and relating to any function

transferred by this Order shall, on and after the commencement of this Order, be construed

as references to the Minister for Transport.

9. (1) All property, rights and liabilities held, enjoyed or incurred before the commencement

of this Order by the Minister for Communications, Marine and Natural Resources, in

connection with the functions transferred by this Order are transferred to the Minister

for Transport and, accordingly, without any further conveyance, transfer or assignment,

from such commencement -

(a) that property, real and personal shall vest in the Minister for Transport,

(b) those rights shall be enjoyed by the Minister for Transport, and

(c) those liabilities shall be the liabilities of the Minister for Transport.

(2) All moneys, stocks, shares and securities transferred to the Minister for Transport

by this Article which, on such commencement, are standing in the name of the Minister

for Communications, Marine and Natural Resources shall on the request of the Minister

for Transport be transferred into the name of the Minister for Transport.

Schedule

Article 4(1)

Part 1

Acts

...

Merchant Shipping Acts 1894 to 2005

Oil Pollution of the Sea (Civil Liability and Compensation) Acts 1988 to 2005

...

Sea Pollution (Hazardous Substances) (Compensation) Act 2005 (No. 9 of 2005)

...

Editorial Notes

E1

Where liability or compensation provided for by Act, alternative remedy in respect

of environmental damage or an imminent threat of such damage excluded (1.04.2009)

by

European Communities (Environmental Liability) Regulations 2008

(S.I. No. 547 of 2008), reg. 4(2) and sch. 4 para. 3, in effect as per reg. 1(2).

PART I

Preliminary and General

Section

1.

Short title, collective citation, collective construction and commencement.

2.

Interpretation.

3.

Orders.

4.

Laying of orders and regulations before Houses of Oireachtas.

5.

Expenses.

6.

Penalties and offences.

7.

Proceedings.

PART 2

Convention of 1996

8.

Convention to have force of law.

9.

Order declaring state (other than State) to be State Party.

10.

Hazardous and Noxious Substances Fund.

11.

Conversion of amounts in units of account into currency of State for purposes of Convention.

12.

Act not to apply to certain ships.

13.

Construction of reference to competent public authority.

14.

Limitation of liability.

15.

Insurance of ships.

16.

Actions for compensation under Convention.

17.

Final judgment to be recognised and enforceable in State.

18.

Application for enforcement order.

19.

Payment of interest on judgment and payment of costs.

20.

Effect of order under

section 18

.

21.

Documents required to accompany application for order under

section 18

.

22.

Recognition and enforcement of judgment of court or tribunal of Member State of European

Community.

23.

Inspectors.

24.

Detention of ships.

25.

Recovery of fines etc. for certain offences.

26.

Returns of hazardous and noxious substances received in the State.

27.

Contributions to Fund.

PART 3

Miscellaneous

28.

Construction of certain references in Merchant Shipping (Liability of Shipowners and

Others) Act 1996.

29.

Amendment of section 8 of Oil Pollution of the Sea (Civil Liability and Compensation)

Act 1988.

SCHEDULE 1

International Convention on Liability and Compensation for Damage in connection with

the Carriage of Hazardous and Noxious Substances by Sea, 1996

SCHEDULE 2

Protocol of 1996 to amend the Convention on Limitation of Liability for Maritime Claims,

1976