First Previous (PART IV Recognition and Enforcement of Determinations in Convention Countries)

11 1988

OIL POLLUTION OF THE SEA (CIVIL LIABILITY AND COMPENSATION) ACT, 1988

PART V

Miscellaneous

Jurisdiction of Court.

30. —(1) Where an action for compensation for pollution damage against the owner of a ship or his guarantor has been brought before the Court, the Court shall have exclusive jurisdiction in any action for compensation or indemnity which may be commenced against the Fund in respect of the same damage.

(2) The Court shall have jurisdiction in any action commenced against the Fund in respect of pollution damage in the State in any case where an action has been brought against the owner of a ship or his guarantor in a country which is a party to the Liability Convention but is not a party to the Fund Convention.

(3) The Court may relieve the owner of a ship, his guarantor or the Fund wholly or partially from liability to a person for pollution damage if it is proved that the damage resulted wholly or partially from the negligence of that person or that the damage was contributed to by any act or omission of such person which was calculated to cause damage.

Appointment of inspectors.

31. —(1) The Minister may, by warrant, appoint a person to be an inspector to carry out the functions of an inspector under this Act.

(2) Every person appointed by the Minister pursuant to subsection (1) shall be furnished with a certificate of his appointment and when exercising a power conferred on an inspector under this Act shall, if requested by any person thereby affected, produce such certificate for inspection by that person.

Powers of inspector.

32. —(1) For the purpose of the exercise of his functions under this Act, an inspector may do all such things as may appear to him to be necessary for the purposes of carrying out his functions under this Act.

(2) Without prejudice to the generality of subsection (1), an inspector may do all or any of the following things:

(a) stop or detain a ship on behalf of the Minister;

(b) go on board any ship and inspect the ship and any document on board the ship;

(c) require any person on board a ship to furnish him with his name and address;

(d) require the master of the ship to produce for inspection the certificate required to be carried on board by section 16 of this Act;

(e) enter and inspect any premises and any apparatus for the transfer of oil;

(f) by summons under his hand require any person to attend before him and examine him on oath (which the inspector is hereby authorised to administer);

(g) require a witness to make and subscribe a declaration of the truth of any statements made by him at his examination;

(h) require any person to produce to him any document in his power or control or make return to any inquiry;

(i) copy any entry in any document required by this Act or by the Oil Pollution of the Sea Acts, 1956 to 1977, to be kept and require the person by whom the document is kept to certify the copy as a true copy of the entry;

(j) take samples of oil from any ship;

(k) give a direction, either orally or in writing to the owner or master of a ship, or to any employee or agent of the owner, in relation to the ship.

(3) A witness before an inspector shall be entitled to the same immunities and privileges as if he were a witness before the Court and shall be allowed such expenses as would be allowed to a witness attending the Court on a sub poena: and any dispute as to the amount of those expenses shall be referred to a Taxing Master who shall, on request made to him under the hand of the inspector, ascertain and certify the amount of the expenses.

(4) Any person who—

(a) on being summoned as a witness before an inspector and tendered the expenses to which he is entitled under this section, makes default in attending or refuses to take an oath legally required by the inspector to be taken, or

(b) refuses or neglects to make any answer or to give any return or to produce any document or to make or subscribe any declaration, or to certify a copy of any entry which the inspector is entitled to require,

shall be guilty of an offence.

(5) Any person who—

(a) wilfully impedes an inspector in the exercise of his functions under this Act, or

(b) when requested by an inspector to furnish his name and address, fails or refuses so to do, or who, when so requested, furnishes a name or address which is false or misleading, shall be guilty of an offence.

Powers of harbour-masters.

33. —(1) Subject to the provisions of sections 13 and 16 and without prejudice to the powers conferred on an inspector by section 32 , a harbour-master, in the case of any ship which is in the harbour of which he is harbour-master, may—

(a) go on board any such ship and inspect the ship and any documents on board;

(b) require the production of any document required to be kept under this Act or under the Oil Pollution of the Sea Acts, 1956 to 1977;

(c) copy any entry in any such document and require the person by whom the document is kept to certify the copy as a true copy of the entry:

Provided that the harbour-master does not, in the exercise of his powers under this Act, unnecessarily detain or delay the ship from proceeding on its voyage.

(2) Any person who—

(a) fails to comply with any requirement of a harbour-master under this section, or

(b) wilfully impedes a harbour-master in the exercise of his functions under this Act,

shall be guilty of an offence.

Provisions relating to detention of ships.

34. —Whenever an inspector or a harbour-master, in exercise of the powers conferred by section 13 (3) or section 16 , detains a ship, the following provisions shall have effect—

(a) the inspector, or as the case may be, the harbour-master, shall, as soon as may be apply to a District Justice for an order authorising the continued detention of the ship and the District Justice may grant an order authorising such detention for a period of 48 hours if he is satisfied that the inspector or harbour-master, as the case may be, has reasonable grounds for believing that there has been, in relation to the ship, a contravention of this Act, and upon the expiration of the period of 48 hours, the ship shall be released unless an order providing for its further detention has been made in accordance with paragraph (b);

(b) where an inspector or harbour-master has, in exercise of the powers conferred on him under this Act, detained a ship, he shall, as soon as may be, bring the master of the ship against whom proceedings for an offence under this Act have been, or are about to be, instituted before a District Justice and thereupon the District Justice shall, if he is satisfied that such proceedings have been or are about to be issued against the master of the ship by order directed to an inspector or, as the case may be, harbour-master require the inspector or harbour-master to detain at a specified place in the State the ship until such proceedings have been adjudicated upon by a court in exercise of its criminal jurisdiction.

Detention of ships pending determination of proceedings (including appeals) under Act.

35. —(1) Where a person is convicted of an offence under this Act, or proceedings in relation to an offence are dismissed, and the ship in relation to which the offence has been committed has been detained under this Act, the Judge or, as the case may be, the District Justice, concerned shall, by order directed to an inspector or harbour-master, require the inspector or harbour-master, in the event of an appeal from, or other proceedings in relation to, the order of the court hearing the matter, to detain the ship further pending the determination of the appeal or other proceedings (and any proceedings consequent on the appeal or other proceedings) at a specified place in the State.

(2) Where, in respect of an offence under this Act, an order is made under this section or under section 34 for the detention of a ship, a District Justice may, at his discretion, by order directed to an inspector or harbour-master, as the case may be, require the ship to be released if security which, in the opinion of the District Justice, is satisfactory is given for the payment, in the event of conviction of the defendant in respect of the offence or offences with which he is charged or in the event of his failure to attend before any court when such attendance is required for the purposes of any preliminary examinations under the Criminal Procedure Act, 1967 , in relation to the offence or offences or any trials, appeals or other proceedings in relation to the offence or offences, of a sum that, in the opinion of the District Justice, is sufficient to provide for—

(a) payment of the maximum fine or fines ordered, or which may be ordered, to be paid in respect of the offence or offences,

(b) the estimated amount of the costs (if any) of any trials, appeals or other proceedings in relation to the offence or offences awarded, or which may be awarded, against the defendant concerned.

(3) The security provided for in subsection (2) is in addition to, and not in substitution for, any other bond or recognisance which the defendant concerned may be required to enter into by the Judge or, as the case may be, the District Justice, concerned in relation to any trials, appeals or other proceedings in respect of the offence concerned.

(4) Where an order is made under this section for the detention or release of a ship, the ship shall be detained or released, as the case may be, in accordance with the terms of the order.

Payment out of security provided for in section 35 .

36. —Whenever security is given by a defendant pursuant to section 35 for the payment of the maximum or any fine imposed in respect of an offence under this Act and for the estimated costs of any trials, appeals or other proceedings in respect of such an offence, the court may, when the trial, appeal or other proceedings, as the case may, has or have been finally determined, if it decides that it is proper so to do, on application from the Minister, direct that the whole of the amount of the security, or such part thereof as may be necessary to discharge the amount of the fine imposed in respect of the offence together with the amount of any costs awarded in respect of any trial, appeal or other proceeding, be paid out to the Minister.

Prosecution of offences.

37. —(1) Summary proceedings in respect of an offence under this Act may be brought and prosecuted by the Minister.

(2) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence under this Act may be instituted—

(a) in every case, within two years from the date of the offence, and

(b) if, at the expiry of that period, the person to be charged is outside the State, within two months of the date on which he next enters the State.

(3) Without prejudice to any other jurisdiction, proceedings for an offence under this Act may be taken against a person at any place where he may, for the time being, be.

Offences by bodies corporate.

38. —Where an offence under this Act is committed by a body corporate or by a person acting on behalf of a body corporate and is proved to have been so committed with the consent, connivance or approval of, or to have been facilitated by any neglect on the part of, any director, manager, secretary or other official of such body, such person shall also be guilty of an offence.

Indictment of body corporate.

39. —(1) A body corporate may be sent forward for trial on indictment for an offence under this Act with or without recognisances.

(2) On arraignment before the Central Criminal Court or the Circuit Court, the body corporate may enter in writing by its representative a plea of guilty or not guilty and if it does not appear by a representative appointed by it for the purpose or, though it does so appear, fails to enter any plea, the court shall order a plea of not guilty to be entered and the trial shall proceed as though the body corporate had duly entered that plea.

(3) A statement in writing purporting to be signed by the secretary of the body corporate to the effect that the person named in the statement has been appointed as the representative of the body for the purposes of this section shall be admissible without further proof that the person has been so appointed.

(4) Any summons or other document required to be served for the purpose, or in the course, of proceedings under this section on a body corporate may be served by leaving it at, or sending it by registered post to, the registered office of that body or, if there be no such office in the State, by leaving it at, or by sending it by registered post to, the body at any place in the State at which it conducts its business.

Penalties.

40. —(1) A person who is convicted of an offence under section 13 (3), 16 (5), 16 (6), 16 (8) or 19 shall be liable—

(a) on summary conviction to a fine not exceeding £1,000, or to imprisonment for any term not exceeding twelve months, or, at the discretion of the court, to both such fine and such imprisonment, or

(b) on conviction on indictment, to a fine not exceeding £1,000,000, or to imprisonment for any term not exceeding 5 years, or, at the discretion of the court, to both such fine and such imprisonment.

(2) A person, who is convicted of an offence under section 32 or 33 , shall be liable—

(a) on summary conviction, to a fine not exceeding £1,000, or to imprisonment for any term not exceeding twelve months, or, at the discretion of the court, to both such fine and such imprisonment, or

(b) on conviction on indictment, to a fine not exceeding £10,000, or to imprisonment for any term not exceeding two years, or, at the discretion of the court, to both such fine and such imprisonment.

Recovery of fines for offences under Act.

41. —The following provisions shall have effect in relation to the recovery of a fine for an offence under this Act and the costs (if any) ordered to be paid by the person convicted of such offence:—

(a) the court shall fix a time within which such fine and costs (if any) are to be paid;

(b) where the ship to which such person belongs is, at the time of the hearing of the proceedings for such offence, detained under this Act, the court shall by order directed to an inspector or harbour-master, as the case may be, require such inspector or harbour-master to detain further, until such fine and costs (if any) are paid, at a specified place in the State such ship, and such ship shall be detained accordingly;

(c) in the event of such fine and costs (if any) not being paid within the said time, such fine and costs may be recovered by the distress and sale of such ship, her tackle, furniture and apparel;

(d) nothing in the foregoing paragraphs of this section shall prevent such fine and costs (if any) being recovered from such person by ordinary process of law.

Application of fines.

42. —Where it appears to the court imposing a fine for an offence under this Act that a person has incurred, or will incur, expense in removing any pollution or making good any damage attributable to the offence, the court may order that the whole or part of the fine be paid to that person for, or towards, defraying that expense.

Admissibility of records as evidence.

43. —Every document purporting—

(a) to be kept in pursuance of this Act, the Oil Pollution of the Sea Acts, 1956 to 1977, the Liability Convention or the Fund Convention or any Convention or Protocol amending or extending either of those Conventions, or

(b) to be a true copy, certified as such by the person by whom the document is kept, of a document or of an entry therein,

shall, unless the contrary is shown, be presumed to be such and shall be admissible, without further proof, as evidence of the facts therein.

Exemption from Act.

44. —(1) This Act shall not apply to any warship or to any ship for the time being used by the government of any state for purposes other than commercial purposes.

(2) The Minister may, where he is satisfied that an exemption would not result in a reduced liability for pollution, or in reduced means for meeting any such liability, exempt any ship registered in the State, or any class of ships so registered, from all or any of the provisions of this Act or of any order or Regulation made thereunder either absolutely or subject to such conditions as he thinks fit.

Fees for certificates, exemptions etc.

45. —There shall be charged for any certification given, exemption granted or service rendered, under this Act to the owner of any ship such fee as the Minister may prescribe.

Collection of fees.

46. —(1) Fees under this Act shall be taken and collected in such manner as the Minister for Finance may, from time to time, direct and shall be paid into, or disposed of for the benefit of, the Exchequer in accordance with the directions of the Minister for Finance.

(2) The Public Offices Fees Act, 1879, shall not apply in relation to fees under this Act.