Ship-Source Pollution (Amendment) Regulations, 2011

L.N. 112 of 2011

TERRITORIAL WATERS AND CONTIGUOUS ZONE ACT

(CAP. 226)

Ship-Source Pollution (Amendment) Regulations, 2011

IN exercise of the powers conferred by article 7 of the

Territorial Waters and Contiguous Zone Act, the Prime Minister

has made the following regulations

(1) The title of these regulations is the Ship-Source Citation and

Pollution (Amendment) Regulations, 2011 and they shall be read

and construed as one with the Ship Source Pollution Regulations, L.N. 130 of 2008.

2008, hereinafter referred to as “the principal regulations”.

(2) These regulations shall be deemed to have come

into force on the 16th November, 2010.

Regulation 3 of the principal regulations shall be

amended as follows

(a) immediately after the words “7 September 2005”,

there shall be inserted the words “, as subsequently amended

by Directive 2009/123/EC of the European Parliament and of

the Council of the 21 October 2009,”; and

(b) for the words “penalties for infringements” there

shall be substituted the words “penalties, including criminal

penalties, for polluting offences”.

Regulation 6 of the principal regulations shall be

amended as follows

(a) in sub-regulation (1) thereof, for the words

“regulations 9, 10, 11(a) or 11(c) or in Annex II, regulations 5,

6(a) or 6(c)” there shall be substituted the words “regulations

15, 34, 4.1 or 4.3 or in Annex II, regulations 13, 3.1.1 or

3.1.3”; and

(b) in sub-regulation (2) thereof, for the words

“regulation 11(b) or in Annex II, regulation 6(b)” there shall

be substituted the words “regulation 4.2 or in Annex II,

regulation 3.1.2”.

Regulation 8 of the principal regulations shall be

amended as follows

(a) in sub-regulation (1) thereof, for the words “to

remedy the damage incurred.” there shall be substituted the

words “to remedy the damage incurred:” and immediately

thereafter there shall be added the following proviso

“Provided that if a person commits a number of repeated

offences under these regulations that do not individually

result in the deterioration of the quality of the water but in

conjunction result in any of the offences listed under sub-

regulations (2) to (7) of this regulation, such repeated offences

shall be treated under the said sub-regulations and shall be

subject to the established punishments thereof.”; and

(b) in sub-regulation (9) thereof, immediately after

the words “through recklessness or serious negligence,” there

shall be inserted the words “or through lack of supervision

or control which has made the commission of the offence

possible,”, for the words “to remedy the damage incurred.”

there shall be substituted the words “to remedy the damage

incurred:” and immediately thereafter there shall be added the

following proviso

“Provided that the liability of the body corporate under

this sub-regulation shall be without prejudice to the liability

of the persons involved as perpetrators, inciters or accessories

in the offence under these regulations.”

€0.19