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Duty on offshore units and handling facilities to report pollution incidents.
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27.— The Act of 1991 is amended by substituting the following for section 13B (inserted by section 7(b) of the Act of 1999):
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“13B.— (1) Whenever an incident occurs on an offshore unit, oil handling facility or hazardous and noxious substances handling facility—
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(a) resulting in a discharge of oil or hazardous and noxious substances in the State or a designated area, or
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(b) giving rise to circumstances from which it is reasonable to infer that there is likely to be such a discharge in the State or a designated area,
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the person for the time being in charge of the offshore unit or handling facility concerned shall forthwith report the matter to the Minister or, in the case of a 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, oil handling facility or hazardous and noxious substances handling facility observes an incident involving a discharge in the State or a designated area of oil or hazardous and noxious substances, or an incident from which, having regard to all the circumstances observed, it would be reasonable to infer that such a discharge in the State or a designated area is likely to occur, or observes the presence of oil or hazardous and noxious substances in the sea, he or she shall report the matter to the person for the time being in charge of the offshore unit or handling facility concerned.
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(3) A person for the time being in charge of an offshore unit, oil handling facility or hazardous and noxious substances 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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