Sea Pollution (Miscellaneous Provisions) Act 2006

Insurance.

9.— (1) Nothing in this Part shall affect the rights of subrogation of any person providing insurance or financial security under Article 7 of the Convention.

(2) This section applies to a certificate issued pursuant to Article 7 of the Convention attesting that insurance or other financial security is in force in accordance with the provisions of the Convention. Such a certificate shall be in the form set out in the Annex to the Convention.

(3) For the purposes of Article 7 of the Convention the appropriate authority in the State is the Minister.

(4) The owner—

(a) of an Irish ship, or

(b) of a ship registered in a state that is not a State Party,

may apply to the Minister for a certificate under this section.

(5) The Minister shall, on being satisfied that insurance or other financial security is in force in respect of the ship, issue a certificate under this section to the owner.

(6) Where an Irish ship—

(a) has a gross tonnage greater than 1,000, and

(b) does not have on board a certificate issued by the Minister under this section,

then, the owner, the charterer and the master of such ship are each guilty of an offence.

(7) The owner, the charterer and the master of a ship other than an Irish ship that—

(a) is located in the State,

(b) has a gross tonnage greater than 1,000, and

(c) does not have on board a certificate that complies with, and is issued in accordance with Article 7 of the Convention,

are each guilty of an offence.

(8) An application under subsection (4) shall be accompanied by such fee, not exceeding the expense incurred by the Minister in considering such application and issuing a certificate, as may be prescribed by the Minister.

(9) The Public Offices Fees Act 1879 shall not apply to fees under this section.