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Amendment of section 8 (Minister to prepare plan for preventing and minimising oil pollution damage) of Act of 1999.
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28.— The Act of 1999 is amended by substituting the following for section 8:
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“8.— (1) The Minister shall prepare a plan (in this section referred to as ‘the plan’) specifying the measures to be taken to prevent and minimise damage in the State resulting from discharges (in this section referred to as ‘discharges’) of oil or hazardous and noxious substances from ships, offshore units, oil handling facilities and hazardous and noxious substances handling facilities (either or both of which handling facilities are, in this section, referred to as ‘handling facilities’).
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(2) Without prejudice to the generality of subsection (1), the plan shall provide for—
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(a) the placing, at such places in the State as may be specified therein, of such equipment and materials to be used in connection with the removal, degrading or disposal of discharges into the sea or onto land as may be specified in the plan,
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(b) the training of such persons or classes of persons as may be specified in the plan in the use of equipment and materials to which paragraph (a) applies, and generally in the carrying out of operations to prevent and minimise damage in the State resulting from discharges from ships, offshore units or handling facilities,
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(c) the conducting of exercises by such persons or classes of persons and at such intervals as are specified in the plan to ensure the greater effectiveness of measures taken to prevent or minimise damage in the State resulting from discharges from ships, offshore units or handling facilities,
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(d) the maintenance and improvement of co-operation and communication between persons required to comply with such provisions of the plan as are specified in a direction of the Minister under subsection (3), and
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(e) the co-ordination of the activities of persons to whom paragraph (d) applies, when carrying out operations to prevent and minimise damage in the State resulting from discharges from ships, offshore units or handling facilities.
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(3) The Minister may, by direction in writing, require such persons as he or she considers appropriate to comply with such provisions of the plan as are specified in the direction.
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(4) The plan shall be published in such manner as the Minister considers appropriate.
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(5) A person who fails to comply with a direction of the Minister under this section shall be guilty of an offence.”.
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