IE
(LRC Revised)
Statutory Text (1 Articles)
Number 29 of 2006
SEA POLLUTION (MISCELLANEOUS PROVISIONS) ACT 2006
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 (Miscellaneous Provisions) Act 2006
. 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 revision.
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
29
of
2006
SEA POLLUTION (MISCELLANEOUS PROVISIONS) ACT 2006
REVISED
Updated to 22 November
2021
ARRANGEMENT OF SECTIONS
PART 1
Preliminary and General
Section
1. Short title and commencement.
2. Expenses.
PART 2
Bunker Oil Pollution (Civil Liability and Compensation)
3. Interpretation (
Part 2
).
4. Orders.
5. Regulations.
6. Laying of orders and regulations before Houses of Oireachtas.
7. Convention to have force of law.
8. Limitation regime.
9. Insurance.
10. Recognition and enforcement of final judgment in the State.
11. Recognition and enforcement of judgment of court or tribunal of Member State of
European Communities.
12. Payment of interest on judgment and payment of costs.
13. Documents required to accompany application for enforcement order under
section
10
.
14. Inspectors.
15. Detention of ships.
16. Recovery of fines etc., for certain offences.
17. Penalties and offences.
18. Proceedings.
PART 3
Sea Pollution
19. Definitions.
20. Amendment of section 2 (preparation and submission of plans to Minister) of Act
of 1999.
21. Pollution emergency plans.
22. Amendment of section 4 (authorised officers) of Act of 1999.
23. Amendment of section 25 (powers of harbour-masters) of Act of 1991.
24. Amendment of section 6 (giving of directions by Minister) of Act of 1999.
25. Report of discharge in State or into harbour or prescribed area.
26. Duty on Irish ships to report pollution incident.
27. Duty on offshore units and handling facilities to report pollution incidents.
28. Amendment of section 8 (Minister to prepare plan for preventing and minimising
oil pollution damage) of Act of 1999.
29. Amendment of section 9 (acquisition of equipment and materials by Minister) of
Act of 1999.
30. Amendment of section 10 (provision of assistance by foreign maritime administration)
of Act of 1999.
31. Amendment of section 11 (provision of assistance by Minister outside State) of
Act of 1999.
32. Amendment of section 12 (ships anchored outside harbour) of Act of 1999.
33. Amendment of section 26 (powers of Minister to prevent, mitigate or eliminate
pollution) of Act of 1991.
34. Amendment of section 3 (interpretation) of Act of 1991.
35. Amendment of section 1 (interpretation) of Act of 1999.
36. Acts of European Communities.
37. Miscellaneous amendment of Act of 1991.
PART 4
Amendment of Harbours Act 1996
38. Amendment of Harbours Act 1996.
SCHEDULE
International Convention on Civil Liability for Bunker Oil Pollution Damage 2001
Acts Referred to
Companies Act 1963
1963, No. 33
Criminal Procedure Act 1967
1967, No. 12
Dangerous Substances Act 1972
1972, No. 10
Fishery Harbour Centres Act 1968
1968, No. 18
Harbours Act 1946
1946, No, 9
Harbours Act 1996
1996, No. 11
Harbours Acts 1946 to 1976
Harbours Acts 1996 to 2005
Local Government Act 2001
2001, No. 37
Maritime Jurisdiction Acts 1959 to 1988
Mercantile Marine Act 1955
1955, No. 29
Merchant Shipping (Salvage and Wreck) Act 1993
1993, No. 34
Petty Sessions (Ireland) Act 1851
14 & 15 Vic., c. 93
Public Offices Fees Act 1879
42 & 43 Vic., c. 58
Sea Pollution (Amendment) Act 1999
1999, No. 18
Sea Pollution Act 1991
1991, No. 27
Sea Pollution Acts 1991 to 1999
Number
29
of
2006
SEA POLLUTION (MISCELLANEOUS PROVISIONS) ACT 2006
REVISED
Updated to 22 November
2021
AN ACT TO GIVE EFFECT TO THE INTERNATIONAL CONVENTION ON CIVIL LIABILITY FOR BUNKER
OIL POLLUTION DAMAGE 2001 DONE AT LONDON ON 23 MARCH 2001 AND TO MAKE PROVISION FOR
MATTERS RELATING TO COUNCIL REGULATION (EC) NO. 44/2001 OF 22 DECEMBER 2000 ON JURISDICTION
AND THE RECOGNITION AND ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS IN
SO FAR AS IT RELATES TO THAT CONVENTION, TO GIVE EFFECT TO THE PROTOCOL 2000 ON PREPAREDNESS,
RESPONSE AND CO-OPERATION TO POLLUTION INCIDENTS BY HAZARDOUS AND NOXIOUS SUBSTANCES
2000 DONE AT LONDON ON 15 MARCH 2000, TO GIVE EFFECT TO THE INTERNATIONAL CONVENTION
ON THE CONTROL OF HARMFUL ANTI-FOULING SYSTEMS DONE AT LONDON ON 5 OCTOBER 2001, TO
GIVE EFFECT TO ANNEX VI AS ADDED TO THE MARPOL CONVENTION BY THE PROTOCOL TO THAT
CONVENTION DONE AT LONDON ON 26 SEPTEMBER 1997, TO GIVE EFFECT TO THE INTERNATIONAL
CONVENTION FOR THE CONTROL AND MANAGEMENT OF SHIPS’ BALLAST WATER AND SEDIMENTS 2004 DONE AT LONDON ON 13 FEBRUARY 2004, TO AMEND THE
SEA POLLUTION ACTS 1991 TO 1999, TO AMEND THE HARBOURS ACT 1996 AND TO PROVIDE FOR
RELATED MATTERS.
[31
st October
, 2006]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS
Annotations
Modifications (not altering text)
C1
Application of Act 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
...
...
...
40
2006
Energy (Miscellaneous Provisions) Act 2006
...
...
...
Editorial Notes
E1
Act included in
European Communities (Birds and Natural Habitats) Regulations 2011
(S.I. No. 477 of 2011), sch. 2 (21.09.2011) by
European Communities (Birds and Natural Habitats) Regulations 2011
(S.I. No. 477 of 2011), in effect as per reg. 1(3).
E2
Application of
European Communities (Environmental Liability) Regulations 2008
(S.I. No. 547 of 2008) confirmed restricted in relation to environmental damage or
an imminent threat of such damage arising from an incident in respect of which liability
or compensation is provided for by Act (1.04.2009) by
European Communities (Environmental Liability) Regulations 2008
(S.I. No. 547 of 2008), reg 4(2) and sch. 4, in effect as per reg. 1(2).
Annotations
Modifications (not altering text)
C1
Application of Act 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
...
...
...
40
2006
Energy (Miscellaneous Provisions) Act 2006
...
...
...
Editorial Notes
E1
Act included in
European Communities (Birds and Natural Habitats) Regulations 2011
(S.I. No. 477 of 2011), sch. 2 (21.09.2011) by
European Communities (Birds and Natural Habitats) Regulations 2011
(S.I. No. 477 of 2011), in effect as per reg. 1(3).
E2
Application of
European Communities (Environmental Liability) Regulations 2008
(S.I. No. 547 of 2008) confirmed restricted in relation to environmental damage or
an imminent threat of such damage arising from an incident in respect of which liability
or compensation is provided for by Act (1.04.2009) by
European Communities (Environmental Liability) Regulations 2008
(S.I. No. 547 of 2008), reg 4(2) and sch. 4, in effect as per reg. 1(2).
ARRANGEMENT OF SECTIONS
PART 1
Preliminary and General
Section
1. Short title and commencement.
2. Expenses.
PART 2
Bunker Oil Pollution (Civil Liability and Compensation)
3. Interpretation (
Part 2
).
4. Orders.
5. Regulations.
6. Laying of orders and regulations before Houses of Oireachtas.
7. Convention to have force of law.
8. Limitation regime.
9. Insurance.
10. Recognition and enforcement of final judgment in the State.
11. Recognition and enforcement of judgment of court or tribunal of Member State of
European Communities.
12. Payment of interest on judgment and payment of costs.
13. Documents required to accompany application for enforcement order under
section
10
.
14. Inspectors.
15. Detention of ships.
16. Recovery of fines etc., for certain offences.
17. Penalties and offences.
18. Proceedings.
PART 3
Sea Pollution
19. Definitions.
20. Amendment of section 2 (preparation and submission of plans to Minister) of Act
of 1999.
21. Pollution emergency plans.
22. Amendment of section 4 (authorised officers) of Act of 1999.
23. Amendment of section 25 (powers of harbour-masters) of Act of 1991.
24. Amendment of section 6 (giving of directions by Minister) of Act of 1999.
25. Report of discharge in State or into harbour or prescribed area.
26. Duty on Irish ships to report pollution incident.
27. Duty on offshore units and handling facilities to report pollution incidents.
28. Amendment of section 8 (Minister to prepare plan for preventing and minimising
oil pollution damage) of Act of 1999.
29. Amendment of section 9 (acquisition of equipment and materials by Minister) of
Act of 1999.
30. Amendment of section 10 (provision of assistance by foreign maritime administration)
of Act of 1999.
31. Amendment of section 11 (provision of assistance by Minister outside State) of
Act of 1999.
32. Amendment of section 12 (ships anchored outside harbour) of Act of 1999.
33. Amendment of section 26 (powers of Minister to prevent, mitigate or eliminate
pollution) of Act of 1991.
34. Amendment of section 3 (interpretation) of Act of 1991.
35. Amendment of section 1 (interpretation) of Act of 1999.
36. Acts of European Communities.
37. Miscellaneous amendment of Act of 1991.
PART 4
Amendment of Harbours Act 1996
38. Amendment of Harbours Act 1996.
SCHEDULE
International Convention on Civil Liability for Bunker Oil Pollution Damage 2001
Number
29
of
2006