Merchant Shipping (Salvage and Wreck) Act, 1993

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Interpretation (general).

2.—(1) In this Act, except where the context otherwise requires—

“authorised officer” means any person appointed by the Minister under section 3 ;

“distress”, in relation to a vessel, includes a vessel in distress which is a wrecked or stranded vessel;

“functions” includes powers and duties;

“harbour” means—

(a) any harbour (whether natural or artificial), dock, pier, wharf, jetty, boatslip, offshore terminal, installation or place intended or used for the accommodation, berthing or anchorage of sea-going ships or for the shipping, unshipping or transhipping of goods, or

(b) any port, haven, estuary, tidal or other river or inland waterway to the extent that it is navigated or navigable by seagoing ships;

“harbour authority” means—

(a) in the case of a harbour to which the Harbours Act, 1946 , applies, a harbour authority within the meaning of that Act,

(b) in the case of a harbour under the control of the Commissioners of Public Works in Ireland, the Commissioners,

(c) in the case of Dún Laoghaire Harbour or a fishery harbour centre to which the Fishery Harbour Centres Act, 1968 , applies or any other harbour under the control of the Minister, the said Minister,

(d) in the case of a harbour under the control of a local authority, the local authority concerned,

(e) in the case of a harbour under the management of Iarnród Éireann — Irish Rail, that company, or

(f) any other person in whom is vested by or under any enactment the functions of improving, maintaining or managing a harbour;

“harbour-master” means—

(a) a person appointed by a harbour authority to be a harbour-master, and

(b) any officer or servant of a harbour authority duly authorised to discharge the functions of harbour-master;

“local authority” means a local authority for the purposes of the Local Government Act, 1941 ;

“master”, in relation to a vessel, means the person (excluding, where appropriate, a pilot) having, for the time being, the command or charge of the vessel;

“the Minister” means the Minister for the Marine;

“owner”, in relation to a vessel—

(a) where any such vessel is owned by the State or another stateand is operated by a person who in the State or that other state is registered as the vessel's operator, means the person so registered,

(b) in any other case, means the person registered as the owner of any such vessel, or the person who owns either directly or indirectly any such vessel, and includes any part-owner, charterer, manager or operator of any such vessel;

“receiver of wreck” means a receiver of wreck appointed under section 41 ;

“salvage” includes all expenses properly incurred by the salvor in the performance of the salvage services;

“salvor”, in the case of salvage services rendered by the officers or crew or part of the crew of any State-owned vessel, means the person in command of the vessel;

“shipwrecked persons” has the meaning assigned to it in section 7 ;

“tidal water” means any part of the sea and any part of a river within the ebb and flow of the tide at ordinary spring tides and not being a harbour;

“vessel” means any ship or other waterborne craft, whether selfpropelled or not, or any structure capable of navigation and includes—

(a) hydrofoil boats, air-cushion vehicles, submersible, floating craft, and

(b) subject to section 16 , fixed or floating platforms and mobile drilling units,

together with the fixtures, fittings and equipment of any such vessel;

“wreck” includes jetsam, flotsam, lagan and derelict found in or on the shores of the sea or any tidal water or harbour.

(2) Any word or expression which is used without definition in this Act and is also used in the Merchant Shipping Act, 1894 , or the Mercantile Marine Act, 1955 , shall, except where otherwise provided for or the context otherwise requires, have the same meaning in this Act as it has in those Acts.

(3) A reference in this Act to the State or to any other state includes—

(a) in the case of the State, the territorial seas of the State for the purposes of the Maritime Jurisdiction Acts, 1959 to 1988, and inland waters of the State for the purposes of that Act,

(b) in the case of any other state, the territorial seas and inland waters of that other state.

(4) (a) A reference in this Act to a Part or a section is a reference to a Part or a section of this Act unless it is indicated that a reference to some other Act is intended.

(b) A reference to a subsection or paragraph is to the subsection or paragraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.

(5) A reference in this Act to any enactment shall be construed as a reference to that enactment as amended or adapted by any subsequent enactment.