Sea Pollution (Miscellaneous Provisions) Act 2006
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PART 2 Bunker Oil Pollution (Civil Liability and Compensation) | ||
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Interpretation(Part 2). |
3.— (1) In this Part, except where the context otherwise requires— | |
“bunker oil” means any hydrocarbon mineral oil (including lubricating oil) used or intended to be used for the operation or propulsion of a ship, and any residues of such oil; | ||
“ charterer ” includes bareboat charterer; | ||
“ Convention ” means the International Convention on Civil Liability for Bunker Oil Pollution Damage 2001, done at London on 23 May 2001; | ||
“ Convention court ” means, in relation to a State Party (other than the State)— | ||
(a) any court or tribunal that under the law of that State Party has jurisdiction to determine liability in respect of pollution damage incurred, and to award compensation therefore, or | ||
(b) any court or tribunal that under the law of that State Party has jurisdiction to— | ||
(i) adjudicate on any appeal from a judgment, or | ||
(ii) review a judgment, | ||
of a court or tribunal referred to in paragraph (a); | ||
“ Council Regulation ” means Council Regulation (EC) No. 44/2001 of 22 December 2000 1 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters; | ||
“ harbour authority ” means— | ||
(a) in the case of a harbour to which the Harbours Acts 1946 to 1976 apply, a harbour authority within the meaning of those Acts, | ||
(b) in the case of a harbour under the control of a company established pursuant to section 7 of the Harbours Act 1996 , the company concerned, | ||
(c) in the case of a fishery harbour centre to which the Fishery Harbour Centres Act 1968 applies, the Minister for Communications, Marine and Natural Resources, | ||
(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 body; | ||
“inspector” means one or more of the following: | ||
(a) a person duly appointed under section 14 ; | ||
(b) a member of the Permanent Defence Forces holding commissioned rank, while in uniform; | ||
(c) a member of the Garda Síochána, while in uniform; | ||
(d) as respects the harbour of which he or she is the harbour master, a person duly appointed to be the harbour master by the harbour authority concerned; | ||
“Irish ship” means an Irish ship within the meaning of section 9 of the Mercantile Marine Act 1955 ; | ||
“ judgment ” means a decision of a Convention court made in accordance with the provisions of the Convention awarding compensation to a person in respect of pollution damage incurred by him or her; | ||
“ judgment debtor ” means the person against whom a Convention court has given a final judgment; | ||
“ local authority ” has the same meaning as in the Local Government Act 2001 ; | ||
“ master ” in relation to a ship, includes the manager or the operator or both; | ||
“ Member State ” means a Member State of the European Communities, other than the State and Denmark; | ||
“Minister” means the Minister for Transport; | ||
“prescribed ” means prescribed by order or regulations made by the Minister under this Part; | ||
“State Party” means a state (other than the State) that is declared by order under section 4 to be a State Party to the Convention. | ||
(2) (a) A reference in this Part to the State includes a reference to— | ||
(i) the inland waters of the State, | ||
(ii) the territorial seas of the State, and the seabed and subsoil beneath those seas, and | ||
(iii) subject to paragraph (b), any area lying within a line, every point of which is 200 nautical miles from the baselines for the purposes of the Maritime Jurisdiction Acts 1959 to 1988, and the waters above it. | ||
(b) Nothing in paragraph (a)(iii) shall be construed as constituting a claim by the State to any area that— | ||
(i) is under the jurisdiction of a state other than the State, and | ||
(ii) the State recognises as being under such jurisdiction. | ||
(3) A word or expression that is used in this Part and that is also used in the Convention has, in this Part, the meaning that it has in the Convention. | ||