Dumping At Sea Act, 1996

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Powers of authorised officers.

6.—(1) (a) The Minister may appoint an officer of the Minister or of the Marine Institute established by the Marine Institute Act, 1991 , to be an authorised officer.

(b) The Minister may, in relation to the fisheries regions created under section 10 of the Fisheries Act, 1980 , appoint an officer of the Central Fisheries Board established by the said Act, to be an authorised officer.

(c) The Minister may, in relation to a fisheries region created under the said section 10, appoint an officer of a regional fisheries board (within the meaning of that section) established in respect of that fisheries region, to be an authorised officer.

(d) An authorised officer appointed under paragraph (a), (b) or (c) of this subsection shall, in the discharge of his functions under this section, have regard to such considerations of policy as the Minister may direct.

(e) Every member of the Garda Síochána shall be an authorised officer for the purposes of this Act.

(f) Every member of the Defence Forces (not below the rank of sergeant or petty officer, as the case may be) for the time being serving on board any vessel belonging to or in the service of the State shall be an authorised officer for the purposes of this Act.

(g) The Minister for Transport, Energy and Communications may appoint an officer of that Minister or of the Radiological Protection Institute of Ireland to be an authorised officer.

(h) A harbour authority may appoint an officer of the authority to be an authorised officer and an authorised officer appointed under this paragraph may exercise the powers under this Act of an authorised officer in, but only in, the harbour of the authority.

(2) An authorised officer may, for the purposes of this Act—

(a) at any reasonable time enter any vehicle, place or premises, and board any vessel, aircraft or offshore installation and carry out any inspection and examination which the officer reasonably considers necessary for the purposes aforesaid,

(b) require the person in charge to be present during the inspection and examination and to furnish such information as the officer may reasonably require for the purposes aforesaid,

(c) open any container at the place or in the premises, vehicle, vessel, aircraft or installation,

(d) examine and take samples of any material or substance at the place or in the premises, vehicle, vessel, aircraft or installation,

(e) require any person at the place or in the premises, vehicle, vessel, aircraft or offshore installation to produce any document in the power or control of that person which the officer desires to see for the purposes aforesaid,

(f) inspect, examine and take copies of, or extracts from, any such document as aforesaid and require the person by whom any such document is kept or who produced the document to certify a copy thereof as a true copy, and

(g) monitor the effects of any dumping.

(3) For the purpose of entering a vehicle, place or premises or boarding a vessel, aircraft or offshore installation, an authorised officer may require the person in charge to do anything that will facilitate entry or boarding and the power conferred by this subsection includes power, in the case of a vehicle, vessel or installation, to require the person in charge to stop it.

(4) An authorised officer may, for the purposes of this Act, require the attendance of the master of a vessel, the pilot in command of an aircraft or the person in charge of an offshore installation and may, for the purposes aforesaid, make of such master, pilot or person any inquiry which appears to the officer to be necessary.

(5) Where an authorised officer reasonably suspects that, in relation to a vessel, aircraft or offshore installation, in the maritime area or in a harbour, airport or other place in the State, a contravention of this Act is taking, or has taken, place, he may detain the vessel, aircraft or offshore installation at any place in the maritime area or at any convenient harbour, airport or other place in the State until the happening of one of the following—

(a) in the case of dumping or loading, that is suspected to be in contravention of this Act, the production to the officer of a permit under this Act authorising the dumping or loading,

(b) the officer's becoming satisfied that a contravention of this Act has not taken place in relation to the vessel, aircraft or installation,

(c) the final determination of any court proceedings (including any appeal, re-trial or other proceedings) in respect of such a contravention as aforesaid and the payment of any fine imposed in the proceedings,

(d) the giving of security which, in the opinion of a judge of the District Court, is satisfactory for payment, in the event of a conviction of an offence in relation to the said contravention or in the event of a failure by a defendant in any proceedings in relation to such a contravention to attend before any court when such attendance is required for the purposes of the proceedings, of a sum that in the opinion of the judge is sufficient to provide for—

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

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

or require the said vessel, aircraft or offshore installation to be removed from such maritime area, harbour, airport or other place.

(6) The security provided for in subsection (5) of this section 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 of the District Court concerned in relation to any trials, appeals or other proceedings in relation to the offence or offences.

(7) Where an authorised officer has detained a vessel or offshore installation under this section—

(a) any authorised officer may, if the vessel or offshore installation, as the case may be, is not in a harbour, take it to the nearest or most convenient harbour or place in the maritime area, or

(b) any authorised officer may, if the vessel or offshore installation, as the case may be, is in a harbour detain it at that harbour or take it to a more convenient harbour or place in the maritime area,

and there detain it until the happening of one of the events described in paragraphs (a) to (d) of section 6 (5).

(8) Where an authorised officer has, in the exercise of the powers conferred on him by this section, detained a vessel, aircraft or offshore installation, any authorised officer who suspects that in relation to the vessel, aircraft or offshore installation, as the case may be, a contravention of this Act is taking or has taken place shall, as soon as may be, apply to a judge of the District Court for an order authorising the continued detention of all persons on board the vessel, aircraft or offshore installation, as the case may be, and the said judge may, if he is satisfied that the authorised officer applying for the order so suspects, make an order authorising the detention of those persons for a period of 48 hours from the time of the making of the order.

(9) A person who obstructs, or interferes with, an authorised officer in the course of the officer's performance of functions under this section or fails or refuses to comply with a requirement of an authorised officer under this section shall be guilty of an offence.

(10) A person who, immediately before the commencement of this section, was an authorised officer under the Dumping at Sea Act, 1981 , shall be an authorised officer for the purposes of this Act.

(11) An authorised officer (other than a member of the Defence Forces or a member of the Garda Síochána) shall be furnished with a certificate of his appointment and, when performing any function under this section, the officer shall, if requested by any person affected, produce the certificate to that person.

(12) No action or other legal proceedings, whether civil or criminal, shall be instituted in any court in respect of the doing of anything authorised to be done by an authorised officer under this section, whether such thing is done personally by an authorised officer or by a person acting on the orders or instructions of an authorised officer.