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Duty to report oil pollution incident.
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7.—The Principal Act is hereby amended by—
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(a) the substitution of the following section for section 13:
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“13.—(1) Whenever there is an incident, whether on board or outside a ship—
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(a) resulting in a discharge, in the State or a prescribed area, of a pollutant or quantity of a pollutant in excess of that permitted under section 10, from a ship, or
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(b) giving rise to circumstances from which it is reasonable to infer that there is likely to be a discharge, in the State or a prescribed area, of a pollutant or quantity of a pollutant in excess of that permitted under section 10, from a ship,
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the master of the ship concerned or of any other ship involved in such incident or from which such incident was observed shall forthwith report the matter to the Minister or, where the incident or discharge occurs in a harbour, to the harbour-master of such harbour or person for the time being performing the functions of harbour-master in relation to such harbour.
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(2) Where the presence of oil in the sea is observed from a ship in the State or a prescribed area the master of such ship shall forthwith report the matter to the Minister, or where the presence of oil is observed from a ship in a harbour, to the harbour authority concerned.
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(3) A harbour-master or person performing, for the time being, the functions of harbour-master in relation to a harbour shall—
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(a) on receipt of a report under subsection (1) or (2),
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(b) on being informed of an incident resulting in a discharge in the harbour concerned, of a pollutant or quantity of a pollutant in excess of that permitted under section 10, or the existence of circumstances from which it is reasonable to infer that there is likely to be a discharge of a pollutant or quantity of a pollutant in excess of that permitted under section 10 in the harbour, or
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(c) on observing an incident referred to in paragraph (b), or a pollutant or quantity of a pollutant in excess of that permitted under section 10 in the sea, within the harbour,
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report the matter to the Minister.
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(4) A report under this section shall comply with such requirements (if any) as the Minister may prescribe.
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(5) A person who contravenes this section or a requirement prescribed under subsection (4) shall be guilty of an offence.
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(6) In this section ‘pollutant’ means oil, an oily mixture, noxious liquid substance, harmful substance, sewage or garbage.”,
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and
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(b) the insertion of the following sections after section 13:
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“13A.—(1) Whenever there is an incident whether on board or outside an Irish ship—
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(a) resulting in a discharge, outside the State or a prescribed area, of oil from a ship, or
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(b) giving rise to circumstances from which it is reasonable to infer that there is likely to be a discharge, outside the State or a prescribed area, of oil from a ship,
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the master of any Irish ship involved in such incident or of any Irish ship from which such incident was observed, shall forthwith report the matter to the maritime administration, in the state closest to the place where the incident occurred, or to the person performing, in relation to the port closest to the said place, functions the same as or similar to the functions performed by a harbour-master in relation to a harbour, as may be appropriate.
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(2) Where the presence of oil in the sea is observed from an Irish ship outside the State or a prescribed area the master of such ship shall forthwith report the matter to the maritime administration, in the state closest to the place where such presence was observed, or to the person performing, in relation to the port closest to the said place, functions the same as or similar to the functions performed by a harbour-master in relation to a harbour, as may be appropriate.
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(3) A person who contravenes this section shall be guilty of an offence.
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13B.—(1) Whenever an incident occurs on an offshore unit or an oil handling facility resulting in a discharge of oil, in the State or a designated area, or giving rise to circumstances from which it is reasonable to infer that there is likely to be a discharge of oil in the State or a designated area the person for the time being in charge of the offshore unit or oil handling facility concerned shall forthwith report the matter to—
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(a) the Minister, or
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(b) in the case of an oil handling facility in a harbour, to the harbour-master, or person performing, for the time being, the functions of harbour-master in relation to that harbour.
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(2) Whenever a person on an offshore unit or oil handling facility observes an incident involving a discharge of oil in the State or a designated area, or an incident from which, having regard to all the circumstances observed, it would be reasonable to infer that a discharge of oil in the State or a designated area is likely to occur, or observes the presence of oil in the sea, he shall report the matter to the person, for the time being in charge of the offshore unit or oil handling facility concerned.
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(3) A person for the time being in charge of an offshore unit or oil handling facility shall on receipt of a report under subsection (2) forthwith report the matter to the Minister.
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(4) A harbour-master or person performing for the time being the functions of harbour-master in relation to a harbour shall on receipt of a report under subsection (1) forthwith report the matter to the Minister.
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(5) A report under this section shall comply with such requirements (if any) as the Minister may prescribe.
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(6) A person who contravenes this section or a requirement prescribed under subsection (5) shall be guilty of an offence.”.
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