Number 11 of 2005

MARITIME SAFETY ACT 2005

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

PART 2

Personal Watercraft and Recreational Craft

PART 3

Prohibitions Relating to Vessels — Codes of Practice for the Safe Operation of Vessels, etc.

PART 4

Safety Regulations — Passenger Boats, Fishing Vessels and Pleasure Craft — and Amendment of Merchant Shipping Acts

PART 5

Amendment of Certain Enactments

PART 6

Provisions Relating to the Foreshore and to Foreshore and Aquaculture Licences, etc.

SCHEDULE

Enactments Repealed

Number 11 of 2005

MARITIME SAFETY ACT 2005

AN ACT TO PROVIDE FOR THE REGULATION AND CONTROL OF CERTAIN FAST POWERED WATERCRAFT AND CODES OF PRACTICE FOR VESSELS, TO PROHIBIT CERTAIN ACTS ON OR WITH VESSELS, TO AMEND THE HARBOURS ACT 1946, SECTION 222B OF THE FISHERIES (CONSOLIDATION) ACT 1959, THE FISHERY HARBOUR CENTRES ACT 1968, SECTION 4 OF THE LANDLORD AND TENANT (GROUND RENTS) (NO. 2) ACT 1978, THE CANALS ACT 1986, THE SHANNON NAVIGATION ACT 1990, THE MERCHANT SHIPPING ACTS 1894 TO 2000 AND THE HARBOURS ACT 1996, TO PROVIDE FOR MATTERS RELATING TO THE FORESHORE AND TO AQUACULTURE, TO REPEAL CERTAIN ENACTMENTS AND TO PROVIDE FOR RELATED MATTERS.

[29th June, 2005]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART 1

Preliminary and General

Short title, collective citation and commencement.

1.—(1) This Act may be cited as the Maritime Safety Act 2005 .

(2) The Act of 1992, the Act of 2000 and Part 2, 3 and 4 may be cited together as the Maritime Safety Acts 1992 to 2005.

(3) The Merchant Shipping Acts 1894 to 2000 and this Act (other than Parts 5 and 6) may be cited together as the Merchant Shipping Acts 1894 to 2005.

(4) The Harbours Acts 1946 to 1976 and section 52 may be cited together as the Harbours Acts 1946 to 2005.

(5) The Harbours Acts 1996 and 2000 and section 58 may be cited together as the Harbours Acts 1996 to 2005.

(6) The Fishery Harbour Centres Acts 1968 to 1998 and section 54 may be cited together as the Fishery Harbour Centres Acts 1968 to 2005.

(7) section 56 may be cited together as the Canals Acts 1986 and 2005.

(8) section 57 may be cited together as the Shannon Navigation Acts 1990 and 2005.

(9) The Harbours Acts 1996 and 2000 and section 58 may be cited together as the Harbours Acts 1996 to 2005.

(10) This Act (other than sections 53 and 55 and Part 6) comes into operation one month after the day of its passing.

Interpretation.

2.—(1) In this Act—

“Act of 1992” means Merchant Shipping Act 1992;

“Act of 2000” means Merchant Shipping (Investigation of Marine Casualties) Act 2000;

“Irish waters” includes the territorial seas, the waters on the landward side of the territorial seas, and the estuaries, rivers, lakes and other inland waters (whether or not artificially created or modified) of the State;

“inland waters of the State” and “territorial seas of the State” have the meanings assigned to them in the Maritime Jurisdiction Act 1959 (as amended by the Maritime Jurisdiction (Amendment) Act 1988 );

“Minister” means Minister for Communications, Marine and Natural Resources.

(2) In this Act a reference to a member of the Garda Síochána or an officer of the Permanent Defence Forces holding commissioned naval rank is a reference to that member or officer while in uniform.

(3) In this Act—

(a) a reference to a section or Part is a reference to a section or Part of this Act, unless it is indicated that reference to some other enactment is intended,

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

(c) a reference to any enactment is, unless the context otherwise requires, to be read as a reference to that enactment as amended or extended by or under any subsequent enactment including this Act.

Repeals.

3.—Each enactment specified in column (2) of the Schedule to this Act is repealed to the extent specified in column (3) of the Schedule.

Expenses.

4.—The expenses incurred by the Minister and the Minister for the Environment, Heritage and Local Government in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

PART 2

Personal Watercraft and Recreational Craft

Definitions (Part 2).

5.—In this Part, unless the context otherwise requires—

“Act of 1968” means Fishery Harbour Centres Act 1968;

“Act of 1976” means Wildlife Act 1976;

“Act of 1996” means Harbours Act 1996;

“authorised person” means a person or class of persons appointed under section 17 as an authorised person or authorised persons for the purposes of this Part;

“authority” means a local authority, a harbour authority or Waterways Ireland, as the case may require;

“craft” means personal watercraft or recreational craft when operated by a mechanical means of propulsion;

“fishery harbour centre” has the meaning assigned to it by the Act of 1968;

“functions” includes powers and duties;

“functional area” in the case of a local authority, includes—

(a) inland waters, the foreshore and coastal waters adjoining its functional area, and

(b) inland waters, the foreshore and coastal waters adjoining its functional area which adjoin the functional area of another local authority, with the agreement of that other local authority,

but excluding waters under the control or management of a harbour authority or Waterways Ireland;

“harbour authority” means—

(a) in the case of a harbour to which the Act of 1996 applies, a harbour company,

(b) in the case of a harbour to which the Harbours Acts 1946 to 1976 apply, the harbour authority concerned,

(c) in the case of a fishery harbour centre to which the Act of 1968 applies or any other harbour under the control or management of the Minister, the Minister,

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

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

“harbour company” means a company within the meaning of section 2 of the Act of 1996;

“local authority” means—

(a) in the case of an administrative county, the council of the county, and

(b) in the case of a city, the council of the city;

“National Monuments Acts” means National Monuments Acts 1930 to 2004;

“natural heritage area” means—

(a) a European site (within the meaning of Regulation 2 (inserted by section 75(a) of the Wildlife Act 2000) of the European Communities (Natural Habitats) Regulations 1997 ( S.I. No. 94 of 1997 )),

(b) an area proposed as a natural heritage area and the subject of a notice under section 16(2) of the Wildlife Act 2000,

(c) an area designated as a natural heritage area by a natural heritage order under section 18 of the Wildlife Act 2000,

(d) land established by order under section 15 (as amended by section 26 of the Wildlife Act 2000) of the Act of 1976,

(e) land recognised by order under section 16 (as amended by section 27 of the Wildlife Act 2000) of the Wildlife Act 1976 , or

(f) land designated as a refuge for flora or fauna or both by order under section 17 (as amended by section 28 of the Wildlife Act 2000) of the Act of 1976;

“personal watercraft” means a craft (other than a recreational craft) of less than 4 metres in length which uses an internal combustion engine having a water jet pump as its primary source of propulsion, and which is designed to be operated by a person or persons sitting, standing or kneeling on, rather than within the confines of, a hull;

“prescribed” means prescribed by regulations made by the Minister;

“recreational craft” means a craft of not more than 24 metres in length (measured in accordance with the ISO standard EN ISO 8666:2002 — Small craft — Principal data) intended for sports and leisure purposes;

“reserved function” is to be read in accordance with section 131 of the Local Government Act 2001 ;

“Wildlife Act 2000” means Wildlife (Amendment) Act 2000.

Bye-laws relating to regulation and control of craft.

6.—(1) Bye-laws may be made regulating or controlling the operation of craft or craft of a specified class by—

(a) a local authority, in waters in its functional area, other than waters referred to in paragraph (b) (except where the harbour authority concerned agrees) or paragraph (c),

(b) a harbour authority, in or on waters under its control or management, or

(c) Waterways Ireland, in or on waters under its control or management,

in respect of any or all of the following matters—

(i) the prohibition or restriction in the waters or such part of the waters specified in the bye-laws of the operation generally or for any particular purpose of craft or specified classes of craft in such places or at such times (if any) or for such periods (if any) as specified in the bye-laws—

(I) in the interests of the safety of persons using the waters generally or at certain times,

(II) to prevent nuisance to or injury to persons or damage to watercraft or other property on the waters, or

(III) subject to subsection (7), to protect—

(A) a natural heritage area, or

(B) a monument or wreck protected under the National Monuments Acts,

(ii) matters relating to launching, mooring or berthing craft,

(iii) conditions to be observed by operators of craft with regard to the waters or the adjacent area in which craft are used or launched, or

(iv) maximum speed limits at which craft may be operated.

(2) A person who operates a craft in contravention of a bye-law made under subsection (1)(i) is guilty of an offence and is liable on summary conviction to a fine not exceeding—

(a) €1,000, in the case of a first offence, or

(b) €2,000, in the case of a second or subsequent offence.

(3) A person who fails to comply with bye-laws made under subsection (1)(ii), (iii) or (iv) is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,000.

(4) A person who allows himself or herself to be carried on or towed by a craft in contravention of a bye-law under subsection (1)(i) to operate such craft is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,000.

(5) An authority which prohibits or restricts the operation of craft under subsection (1)(i) shall erect and maintain notices giving details of the prohibition or restriction in conspicuous places on or near the waters concerned.

(6) The making of bye-laws under this section by a local authority is a reserved function.

(7) An authority shall consult with the Minister for the Environment, Heritage and Local Government before making bye-laws regulating or controlling the operation of craft in or adjacent to—

(a) a natural heritage area, or

(b) a monument or wreck protected under the National Monuments Acts.

Procedure for making bye-laws and publication.

7.—(1) Not less than one month before making bye-laws an authority shall publish a notice in one or more newspapers published in the State and circulating in the area to which the proposed bye-laws relate—

(a) indicating that it is proposed to make such bye-laws and stating the purpose of the bye-laws,

(b) indicating the times at which and the period (which shall be not less than one month) during which a copy of the draft bye-laws will be available for public inspection, free of charge, at such place as is specified in the notice,

(c) stating that a copy of the draft will be given to any person applying therefor on payment of such specified sum, if any, as the authority may have fixed, and

(d) stating that the authority will consider any submissions in relating to the draft which are submitted to the authority in writing by any person before such date as may be specified, not being less than 7 days after the end of the period for inspection of the draft.

(2) An authority shall, during the stated period referred to in subsection (1)(b), being not less than one month, keep a copy of the draft bye-laws open for public inspection, free of charge, during ordinary office hours at the place specified in the notice in that behalf and shall provide a copy of the draft to any person applying therefor on payment of such reasonable sum, if any, being a sum (not exceeding the reasonable cost of making the copy) as may be fixed by the authority.

(3) An authority shall consider any submissions made to it under subsection (1) and not withdrawn and may then make the bye-laws either in accordance with the draft or subject to such changes as the authority may, at its discretion, determine.

(4) Bye-laws shall come into operation on such day as may be specified therein or, if no such day is so specified, on the thirtieth day after the day on which the bye-laws are made.

(5) An authority shall, whenever required so to do by any court produce to the court a true copy of any bye-laws made by it and verify the copy to the court by having endorsed on it a certificate signed by an officer of the authority, whose official position it shall not be necessary to prove, by which the bye-laws were made and the court shall receive the copy in evidence and thereupon the copy shall, unless the contrary is shown, be sufficient evidence of the bye-laws.

(6) Bye-laws shall, as soon as may be after they have been made, be published by the authority which made them in the Iris Oifigiúil and notice of their making and of the place where copies of the bye-laws may be purchased or inspected shall be published by the authority in one or more newspapers circulating in the area to which the bye-laws relate.

(7) A notice referred to in subsection (6) shall include—

(a) a statement of the general purposes for which the bye-laws were made,

(b) the date on which they come into force,

(c) a statement that a copy of the bye-laws may be inspected, free of charge, during ordinary office hours, at the principal offices of the authority, and

(d) a statement that a copy of the bye-laws will be given to any person applying therefor on payment of a specified fee, not exceeding the reasonable cost of making such copy.

(8) An authority shall keep a copy of any bye-laws made by it open for public inspection, free of charge, during ordinary office hours, at the principal offices of the authority, and shall give a copy of the bye-laws to any person applying therefor on payment of such reasonable sum, if any, being a sum (not exceeding the reasonable cost of making the copy) as may be fixed by the authority.

(9) Failure to publish notice of the making of or to make available a copy of bye-laws does not invalidate the bye-laws.

(10) (a) An authority shall maintain a register of bye-laws made by it.

(b) The register shall be available for public inspection at the principal offices of the authority during normal office hours.

(11) In this section “bye-laws” means bye-laws made under section 6 .

Requirement to cease operating craft or to remove it from waters in certain circumstances.

8.—(1) Where an authorised person or a member of the Garda Síochána has reasonable grounds for believing that a person is operating a craft—

(a) on waters where it is prohibited by law to use a craft,

(b) in contravention of bye-laws made under section 6 or of section 10 , 23 or 24, or

(c) in or on waters in circumstances (whether or not such bye-laws are contravened) which the authorised person or member considers that the craft poses—

(i) a risk or danger to persons, or property or a serious nuisance to persons, in, on or adjacent to the waters, or

(ii) a risk of damage to or interference with a natural heritage area or a monument or wreck protected under the National Monuments Acts,

he or she may require the person to—

(I) cease operating the craft, or

(II) remove or cause to be removed or allow an authorised person or a member of the Garda Síochána to remove the craft from the waters concerned.

(2) A person who, without reasonable excuse, fails to comply with a requirement under subsection (1) is guilty of an offence and is liable on summary conviction to a fine not exceeding €2,000.

Seizure of craft in interests of safety, etc.

9.—(1) Where an authorised person or a member of the Garda Síochána has reasonable grounds for believing that a person is committing or has committed an offence under section 6 , 8, 10, 23 or 24, he or she may—

(a) where he or she reasonably considers it is in the interests of public safety, or

(b) to prevent—

(i) a danger to persons or property or nuisance to persons, or

(ii) damage to or interference with a natural heritage area or a monument or wreck protected under the National Monuments Acts,

seize (using reasonable force, if necessary) and detain the craft to which the alleged offence relates until such time, in the interests of safety of persons or property in or on the waters concerned or to stop any nuisance to persons in or on the waters or to prevent damage to or interference with a natural heritage area or a monument or wreck protected under the National Monuments Acts, as the authorised person or member considers reasonable.

(2) Where a craft has been detained under subsection (1), a reasonable charge may be made for the craft to be released to cover any reasonable expenses involved in the seizure or detention.

Operating craft without reasonable consideration.

10.—(1) A person shall not operate a craft in Irish waters—

(a) without reasonable consideration for other persons using or adjacent to those waters, or

(b) at a speed which is unreasonable in the circumstances or place, such as in the confines of a harbour or close to persons in or on the waters.

(2) A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,000.

Power to stop, board and inspect craft, etc.

11.—(1) An authorised person or a member of the Garda Síochána for the purpose of enforcing this Part may stop, board and inspect a craft in, on or adjacent to Irish waters.

(2) An authorised person or a member of the Garda Síochána may request of a person stopped under subsection (1) or whom the authorised person or member suspects is committing or has committed an offence under this Part to give his or her name and address.

(3) A person who—

(a) without reasonable excuse, fails to stop a craft when required under subsection (1) or allow its inspection, or

(b) refuses to give his or her name or address when requested under subsection (2) or gives a name or address which is false or misleading,

is guilty of an offence and is liable on summary conviction to a fine not exceeding—

(i) €1,000, in the case of a first offence, and

(ii) €2,000, or imprisonment for a term not exceeding one month or both, in the case of a second or subsequent offence.

Obstruction.

12.—A person who obstructs or impedes an authorised person or a member of the Garda Síochána in the exercise of his or her functions under this Part is guilty of an offence and is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 3 months or both.

Power of arrest.

13.—(1) A member of the Garda Síochána who reasonably suspects that a person is committing or has committed an offence under this Part or section 23 or 24 involving the careless or dangerous navigation or operation of a craft may arrest without warrant the person.

(2) (a) Subject to paragraph (b), an authorised person who reasonably suspects that a person has committed or is committing an offence under this Part or section 23 or 24 involving the careless or dangerous navigation or operation of a craft may—

(i) within the functional area of the authority which appointed him or her, or

(ii) in the functional area of another authority, with the agreement of that other authority,

arrest without warrant the person.

(b) An authorised person is not entitled to exercise the power referred to in paragraph (a) unless he or she has received (whether before or after the commencement of this section) training and instruction which, in the opinion of the authority concerned, after consultation with the Garda Síochána, is such as will provide guidance to him or her in the exercise of that power.

(c) An authority shall endorse on the warrant it furnishes to an authorised person appointed by it a statement to the effect that the person has received the training and instruction referred to in paragraph (b).

(d) Where an authorised person arrests a person under paragraph (a) he or she shall, as soon as practicable, deliver the person into the custody of a member of the Garda Síochána to be dealt with according to law.

(e) The arrest of a person under paragraph (a) does not prejudice the re-arrest under statute or otherwise of that person by a member of the Garda Síochána.

Forfeiture.

14.—(1) Where the owner of, or of a share in, a craft, or a person permitted by the owner to operate the craft, is convicted on indictment of an offence under section 24 involving the dangerous navigation or operation of the craft, the court concerned may, in addition to any penalty that it may impose under that section, order the craft with its equipment, fittings and furnishings, or the appropriate share of it, to be forfeited to the authority within whose functional area the offence was committed and may make such other order as it considers necessary or expedient for the purpose of giving effect to the forfeiture.

(2) Whenever an order is made under subsection (1), an authorised person or a member of the Garda Síochána may, for the purpose of giving effect to it—

(a) seize and detain the craft,

(b) do such other things as are authorised by the order or are necessary.

(3) In this section “owner”, in relation to a craft, includes a person in possession of the craft under a hire-purchase agreement or a letting agreement.

Prohibition from operating craft.

15.—(1) A person who is convicted of—

(a) within a period of 2 consecutive years, a second or subsequent offence under this Part or an offence under section 23 involving the careless navigation or operation of a craft, or

(b) an offence under section 24 involving the dangerous navigation or operation of a craft,

in addition to the penalty imposed by the court under the relevant provision is prohibited from operating a craft in Irish waters—

(i) in the case of an offence referred to in paragraph (a), for not more than 2 years, or

(ii) in the case of an offence referred to in paragraph (b), for such period as the court sees fit.

(2) A person who has been prohibited under subsection (1) for a period exceeding 6 months may, at any time and from time to time after the expiration of 3 months from the beginning of the period of the prohibition and before the expiration of that period, apply to the court which made the order, for the removal of the prohibition, and that court, if it considers (having regard to all such matters which appear to it to be relevant, including the character of the applicant, his or her conduct after conviction and the nature of the offence) that circumstances exist which justify such a course, may by order remove the prohibition as from a specified date not earlier than 6 months after the beginning of the period of the prohibition.

(3) Where an application under subsection (2) is refused, a fresh application shall not be made within 6 months of the refusal.

(4) A person who operates a craft in Irish waters while prohibited under subsection (1) from operating a craft in Irish waters is guilty of an offence and is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 3 months or both.

Fixed payment notice.

16.—(1) Where an authorised person or a member of the Garda Síochána has reasonable grounds for believing that a person is committing or has committed an offence under section 6 , 8, 10, 11 or 12 he or she may serve the person with a notice, in the prescribed form, stating that—

(a) the person is alleged to have committed the offence, and

(b) the person may during the period of 21 days beginning on the date of the notice make to the authority concerned at the address specified in the notice a payment of—

(i) €150, for a contravention of section 6 (2), 8(2), 11(3), or 12, or

(ii) €50, for a contravention of section 6 (3) or (4) or 10(2),

or such other amount that, for the time being, stands prescribed, in lieu of any of those amounts, and accompanied by the notice, and

(c) a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence will be instituted.

(2) Where notice is given under subsection (1)—

(a) a person to whom the notice applies may, during the period specified in the notice, make to the authority concerned at the address specified in the notice the payment specified in the notice accompanied by the notice,

(b) the authority specified in the notice may receive the payment, issue a receipt for it and retain the money paid, and any payment received shall not be recoverable in any circumstances by the person who made it,

(c) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice, and if the payment specified is made during that period, no prosecution in respect of the alleged offence shall be instituted.

(3) In a prosecution for an offence under this Part the onus of proving that a payment pursuant to a notice under this section has been made lies on the defendant.

(4) Every regulation made under subsection (1) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(5) Any payment received by the Minister under this section in respect of a fishery harbour centre shall be paid into the Fishery Harbour Centres Fund.

Authorised persons.

17.—(1) An authority may appoint in writing such persons or persons of such classes as it sees fit to be authorised persons for the purposes of this Act.

(2) The Minister may appoint such persons or persons of such classes as he or she sees fit to be authorised persons to exercise the functions of an authorised person under this Part in any Irish waters.

(3) An authorised person appointed by a local authority may exercise the functions conferred on an authorised person under this Part within the functional area of the local authority which appointed the authorised person.

(4) An authorised person appointed by Waterways Ireland may exercise the functions of an authorised person under this Part in or on any waters or land under the control or management of Waterways Ireland.

(5) An authorised person appointed by a harbour authority to which the Harbours Acts 1946 to 1976 apply may exercise the functions of an authorised person under this Part within the harbour of that harbour authority.

(6) An authorised person appointed by a harbour company may exercise the functions of an authorised person under this Part within the company's harbour.

(7) An authorised person appointed by the Minister in respect of a fishery harbour centre may exercise the functions of an authorised person under this Part in the fishery harbour centre to which the appointment relates.

(8) An authorised person appointed by Iarnród Éireann-Irish Rail in respect of a harbour under the control or management of that company may exercise the functions of an authorised person under this Part in respect of the harbour to which the appointment relates.

(9) Every authorised person appointed under this section shall be furnished with a warrant of his or her appointment as an authorised person and when exercising any power conferred on him or her by this Part as an authorised person shall, unless in uniform, if requested by a person affected, produce the warrant or a copy thereof to that person.

(10) An authorised person may be assisted in the exercise of his or her functions under this Part by such persons as the authorised person considers necessary.

(11) An authorised person appointed under subsection (2) or a member of the Garda Síochána may for the purposes of enforcing this Part enter upon any Irish waters or land adjoining the waters.

(12) An authorised person appointed by a particular authority may, for the purposes of enforcing this Part, with the agreement of another authority, enter upon any waters within the functional area or under the control or management of that other authority or land adjoining those waters.

Exemptions from bye-laws under section 6 .

18.—Bye-laws made under section 6 do not apply to craft operated in the course of duty of—

(a) the authority concerned,

(b) the Garda Síochána,

(c) the Defence Forces,

(d) the Revenue Commissioners,

(e) the Central Fisheries Board or a Regional Fisheries Board (within the meaning of the Fisheries Act 1980 ),

(f) the Irish Coast Guard,

(g) the Commissioners of Irish Lights, or

(h) the Royal National Lifeboat Institution,

or any craft involved in bona fide law enforcement, emergency or rescue missions.

Prosecution of offences, recovery of costs and payment of fines.

19.—(1) Proceedings for a summary offence under this Part may be brought and prosecuted by the authority concerned.

(2) Any costs of an authority incurred in connection with the prosecution of a person for an offence under this Part for which the person is convicted may be recovered by the authority, in a court of competent jurisdiction, as a debt due and payable by the convicted person to the authority.

(3) Any fine in respect of an offence prosecuted summarily by an authority under this Part shall be paid to the authority which prosecuted the offence.

(4) Any payment of a fine received by the Minister in respect of an offence committed in a fishery harbour centre shall be paid into the Fishery Harbour Centres Fund.

PART 3

Prohibitions Relating to Vessels — Codes of Practice for the Safe Operation of Vessels, etc.

Prohibition on sailing unscaworthy vessels.

20.—(1) If a vessel, having regard to the nature of the service for which she is intended, goes out or attempts to go out to sea or into waters in such an unseaworthy state that the life of any person is likely to be or is endangered, then, the person in command or in charge, and the owner, of the vessel and any person sending her to sea, who knows or could have discovered by the exercise of ordinary care that the vessel is in such an unseaworthy state, is guilty of an offence.

(2) A person guilty of an offence under this section is liable—

(a) on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or both, or

(b) on conviction on indictment to a fine not exceeding €250,000 or to imprisonment for a term not exceeding 2 years or both.

(3) In a prosecution for an offence under this section it is a defence for the defendant to show that—

(a) the vessel going out to sea or into waters in an unseaworthy state was, under the circumstances, reasonable and justifiable, or

(b) he or she used all reasonable means to ensure the vessel was seaworthy.

Seizure of unseaworthy vessels.

21.—(1) Where—

(a) a member of the Garda Síochána or an authorised person has reasonable grounds for believing that a vessel, or

(b) an authorised person appointed under Part 2 by an authority (within the meaning of Part 2) has reasonable grounds for believing that a personal watercraft or recreational craft (within the meaning of Part 2),

is unseaworthy and is going out or has gone out to sea or into waters and he or she considers that the vessel is liable to founder or be in such a defective condition as to be unsafe for persons on board or other users of Irish waters, he or she may order the vessel to go to a port or harbour or a place of refuge or seize (using reasonable force, if necessary) and detain the vessel in the interest of safety of persons, until—

(i) such time as the vessel—

(I) if it is a pleasure craft, is made to his or her satisfaction seaworthy, or

(II) if it is a vessel other than a pleasure craft or being a pleasure craft and he or she considers it necessary, is made seaworthy to the satisfaction of a surveyor of ships (within the meaning of section 724 of the Merchant Shipping Act 1894) by a certificate issued in that behalf by the surveyor and produced to him or her,

(ii) arrangements (including arrangements for the repair, disposal, salvage or berthing) have been made by the person in command or in charge or the owner of the vessel which the member or authorised person is satisfied with, or

(iii) the conclusion of any proceedings in respect of the vessel brought under this Act.

(2) Where a vessel has been detained under subsection (1), a reasonable charge may be made for her to be released to cover any reasonable expenses involved in the seizure and detention and any survey of the vessel.

(3) Where a vessel is detained under subsection (1) and the vessel is not made seaworthy, within a reasonable stated period, to the satisfaction of a member of the Garda Síochána or an authorised person (within the meaning of subsection (1)) the member or person may give notice in writing, stating that after the expiration of 5 days, or such further period as is specified in the notice, it is intended to dispose of the vessel, unless representations are made within that time to him or her by the owner or his or her representative of the vessel.

(4) Where the member or an authorised person having considered any representations under subsection (3) decides to dispose of the vessel he or she shall give notice in writing to the owner of the decision.

(5) The owner of a vessel detained under subsection (1) or to whom a notice to dispose of the vessel has been given under subsection (4) may within 7 days of the detention or being given the notice, appeal to the District Court within whose District Court area is the port, harbour or place where the vessel was detained or first brought after its detention, against the detention or notice.

(6) Where no appeal has been made within the period of 7 days against a notice under subsection (4), the notice has effect upon the expiration of the period.

(7) In hearing an appeal under subsection (5) the court may confirm the detention or allow the disposal or order the release of the vessel (with or without conditions).

(8) Any proceeds of the disposal of a vessel under this section remaining after the deduction of any reasonable expenses and court costs, shall be paid to the owner of the vessel.

Weighing of goods vehicles before loading onto ships.

22.—(1) (a) A goods vehicle, trailer or semi-trailer of a prescribed weight shall not be loaded onto a ship in a harbour in the State unless valid information in accordance with subsection (2) as to its weight (“vehicle weight information”) is provided by the operator of the vehicle beforehand to the master of the ship. This information shall be used by the master of the ship to determine whether or not the vehicle can be safely loaded and accommodated on the ship and, if so, to ensure the proper loading and accommodation of the vehicle on the ship.

(b) Paragraph (a) does not apply to a motor vehicle which is used only for loading trailers or semi-trailers onto, and unloading them from, a ship.

(2) (a) Vehicle weight information in respect of a goods vehicle, trailer or semi-trailer shall consist of—

(i) a certificate or a machine-readable record obtained from a weighbridge or other weighing machine situated within the harbour premises of the harbour at which the ship is to be loaded, or

(ii) data transmitted electronically by such a weighbridge or other weighing machine,

giving the weight of the vehicle, trailer or semi-trailer and any load being carried by it, and shall relate—

(I) in the case of a goods vehicle, to the vehicle and its load, if any (but excluding its driver and any passenger carried by it), and

(II) in the case of a trailer or semi-trailer, to it and its load and, if it is being pulled by a tractor, that of the tractor pulling it.

(b) Reference to the load of a vehicle in paragraph (a) includes reference to—

(i) any water, fuel or accumulators used for the purpose of power for the propulsion of the vehicle, and

(ii) any loose tools and loose equipment.

(c) In exceptional circumstances, information obtained, with the consent of the Minister, from a weighbridge or other weighing machine situated outside the premises of the harbour at which the ship is berthed, may be accepted as valid information as to weight.

(3) The certificate, records and data referred to in subsection (2) shall be retained by the owner of the ship concerned, in accordance with arrangements specified by the Minister in a Marine Notice, and shall be made available in legible form to the Department on request during the period, being a period of not more than 12 months, provided for in those arrangements.

(4) A person who—

(a) supplies information for the purpose of this section which he or she knows or has grounds for believing that it is false, or

(b) forges or interferes with any document purporting to be a certificate or record referred to in subsection (2) or uses any such document or altered certificate or record or altered data with intent to deceive,

is guilty of an offence and is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding one month or both.

(5) The Minister may by regulations exempt from compliance with subsection (1) or (3) a class or type of ship, and subject to any conditions, specified in the regulations.

(6) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(7) In this section—

“harbour premises” in relation to any harbour, means the docks, landing places and other works and land for the time being vested in, belonging to or administered by a harbour authority (within the meaning of Part 2);

“Marine Notice” means a notice described as such and includes a subsequent Marine Notice amending or replacing a Marine Notice;

“goods vehicle” means a mechanically propelled vehicle constructed or adapted primarily for the conveyance of goods or burden of any description;

“prescribed” means prescribed by regulations made by the Minister;

“trailer” and “semi-trailer” means a trailer or semi-trailer constructed or adapted primarily for the conveyance of goods or burden of any description.

Careless navigation or operation of vessels.

23.—(1) A person shall not in Irish waters navigate or operate a vessel without due care and attention to persons in or on those waters or on land, within the State, adjacent to those waters.

(2) A person who, without reasonable excuse, contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding one month or both.

Dangerous navigation or operation of vessels.

24.—(1) A person shall not in Irish waters navigate or operate a vessel in a manner (including at a speed) which, having regard to all the circumstances of the case (including the condition of the vessel or class of vessel, the nature, condition and use of the waters and the amount of maritime traffic, or number of people, which or who then actually are, or might reasonably be expected then to be, on or in those waters) is dangerous to persons in or on those waters or land, within the State, adjacent to those waters.

(2) A person who, without reasonable excuse, contravenes subsection (1) is guilty of an offence and—

(a) where the contravention causes death or serious bodily harm to another person, is liable, on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine not exceeding €100,000 or both, and

(b) in any other case, is liable, on summary conviction, to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or both.

(3) Where, when a person is tried on indictment or summarily for an offence under this section, the jury, or in the case of a summary trial the District Court, is of opinion that the person was not guilty of an offence under this section but was guilty of an offence under section 23 , the jury or court may find the person guilty of an offence under that section and the person may be sentenced accordingly.

Exclusion.

25.—Sections 23 and 24 do not apply to a crew member, other than the skipper, who is not helming a pleasure craft which is a yacht or sailing boat powered wholly or mainly by sail.

Defence.

26.—In a prosecution for an offence under section 23 or 24 it is a defence for the defendant to show that—

(a) he or she was acting under direct instructions from the person in command or in charge of the vessel concerned or a person in charge of him or her and it was not unreasonable in the circumstances to so act,

(b) he or she had been instructed by that person to perform a task which he or she could not reasonably perform or had not been adequately instructed to perform, or

(c) he or she took all reasonable steps to avoid the collision or incident to which the prosecution relates but due to—

(i) the nature of the vessel and the service for which she was intended, or

(ii) the weather, tidal or navigational conditions prevailing at the time of the collision or incident,

it was not possible to stop the vessel or change course in time to avoid the collision or incident and it was not reasonable to do so.

Conduct endangering vessels, structures or individuals.

27.—(1) This section applies to the master, or another member of the crew, of an Irish ship in waters anywhere or any other vessel while in Irish waters.

(2) If a person to whom this section applies, while on board his or her vessel or in her immediate vicinity—

(a) does any act which causes or is likely to cause—

(i) the loss or destruction of or serious damage to his or her vessel or machinery, navigation equipment or safety equipment on board the vessel,

(ii) the loss or destruction of or serious damage to any other vessel or any structure, or

(iii) the death of or serious injury to any person,

or

(b) omits to do anything required—

(i) to preserve his or her vessel or machinery, navigation equipment or safety equipment on board the vessel from being lost, destroyed or seriously damaged,

(ii) to preserve any person on board his or her vessel from death or serious injury, or

(iii) to prevent his or her vessel from causing the loss or destruction of or serious damage to any other vessel or any structure, or the death of or serious injury to any person not on board his or her vessel,

and the act or omission was deliberate or amounted to a breach or neglect of duty or the person to whom this section applies was under the influence of alcohol or a drug or any combination of drugs or drugs and alcohol at the time of the act or omission, that person is, subject to subsection (4), guilty of an offence.

(3) A person guilty of an offence under this section is liable—

(a) on summary conviction, to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or both, or

(b) on conviction on indictment, to a fine not exceeding €100,000 or to imprisonment for a term not exceeding 2 years or both.

(4) In a prosecution for an offence under this section it shall be a defence to prove—

(a) that the defendant could have avoided committing the offence only by disobeying a lawful command, or

(b) that in all the circumstances the loss, destruction, damage, death or injury in question or, as the case may be, the likelihood of its being caused either could not reasonably have been foreseen by the defendant or could not reasonably have been avoided by him or her, or

(c) if the act or omission alleged against the defendant constituted a breach or neglect of duty, the defendant took all reasonable steps to discharge that duty.

(5) In this section—

“breach or neglect of duty”, except in relation to a person in command or in charge, includes any disobedience to a lawful command;

“duty”—

(a) in relation to a master or another crew member, means any duty falling to be discharged by him or her in his or her capacity as such, and

(b) in relation to a master, includes his or her duty with respect to the good management of his or her vessel and his or her duty with respect to the safety of operation of his or her vessel, or machinery and equipment on board;

“structure” means any fixed or movable structure (of whatever description) other than a vessel.

Prohibition on operating vessels while under influence of alcohol or drugs.

28.—(1) A person being in command or in charge or another member of the crew of a vessel in Irish waters or an Irish ship in waters anywhere shall not operate or control or attempt to operate or control the vessel or carry out any task or duty in relation to such operation or control while he or she or the other is under the influence of alcohol or a drug or any combination of drugs or drugs and alcohol to such an extent as to be incapable of properly controlling or operating the vessel or carrying out the task or duty.

(2) A person who fails to comply with subsection (1) is guilty of an offence and is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 3 months or both.

Drunkenness, etc., of passengers or members of crew.

29.—(1) (a) The person in command or in charge of a vessel may—

(i) refuse to permit to board the vessel a person who, in the opinion of the person in command or in charge, is, by reason of being under the influence of alcohol or a drug or any combination of drugs or drugs and alcohol, in such a condition or misconducts himself or herself in such a manner, as to cause injury or serious offence or annoyance to persons on the vessel, to cause damage to the vessel or to obstruct, impede or molest a member of the crew of the vessel, or

(ii) put such a person ashore at any convenient place.

(b) A person who, under paragraph (a), has been refused permission to board, or been put ashore from, a vessel shall not be entitled to be repaid any fare paid by him or her in respect of any voyage or excursion to which his or her attempted boarding of, or presence on, the vessel related.

(2) If a person in command or in charge or another member of the crew of a vessel is, while on duty, under the influence of alcohol or a drug or any combination of drugs or drugs and alcohol to such an extent that his or her ability to discharge his or her duties is impaired, he or she is guilty of an offence and liable on summary conviction to a fine not exceeding €5,000.

Control of consumption of alcohol or drugs on board vessel.

30.—(1) A person on board a vessel in Irish waters or an Irish ship in waters anywhere shall not consume alcohol or take a drug or any combination of drugs or drugs and alcohol while on board the vessel in circumstances which could affect the safety of persons or create a disturbance or serious nuisance on board the vessel or affect the safety of other persons using Irish waters or constitute a nuisance to such persons.

(2) A person in command or in charge of a vessel in Irish waters or an Irish ship in waters anywhere shall take all reasonable steps to ensure that all persons on board comply with subsection (1).

(3) A person who fails to comply with subsection (1) is guilty of an offence and is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 3 months or both.

Prohibition on disruptive behaviour on vessels.

31.—(1) A person on board a vessel in Irish waters or an Irish ship in waters anywhere who, without justification, engages in behaviour that is likely to cause serious offence or annoyance to any person on board the vessel, at any time after having been requested by a member of the crew of the vessel to cease such behaviour, is guilty of an offence.

(2) A person on board a vessel in Irish waters or an Irish ship in waters anywhere who engages in behaviour of a threatening, abusive or insulting nature whether by word or gesture with intent to cause a breach of the peace or being reckless as to whether a breach of the peace might be occasioned is guilty of an offence.

(3) A person guilty of an offence under this section is liable on summary conviction—

(a) in the case of an offence under subsection (1), to a fine not exceeding €2,000, or

(b) in the case of an offence under subsection (2), to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or both.

Prohibition on endangering vessels or persons on board.

32.—(1) A person on board a vessel in Irish waters or on an Irish ship in waters anywhere who through any deliberate or reckless action or by reason of being under the influence of alcohol or a drug or any combination of drugs or drugs and alcohol puts at risk or endangers the safety, security or seaworthiness of the vessel or the lives or safety of persons on board is guilty of an offence.

(2) A person guilty of an offence under subsection (1) is liable—

(a) on summary conviction, to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or both, or

(b) on conviction on indictment, to a fine not exceeding €100,000 or to imprisonment for a term not exceeding 2 years or both.

(3) In a prosecution of an offence under this section it is a defence for the defendant to show that he or she could have avoided committing the offence only by disobeying a lawful command.

Directions to passengers on board passenger boats and ships.

33.—(1) The master of a passenger boat or passenger ship or another vessel carrying passengers in Irish waters, or being an Irish ship carrying passengers in waters anywhere, or a person in uniform on board, authorised by him or her or the owner of the boat or ship, may give directions to passengers on board, which in the circumstances are reasonable, in relation to the safety or security of, or safety or security procedures on board, the boat or ship or for the purposes of complying with section 30 (2).

(2) A direction under this section shall not be given to a passenger in relation to anything which is a duty or task of the crew of the boat or ship or which would be unreasonable or inappropriate for him or her to carry out.

(3) A passenger who, without reasonable excuse, fails to comply with a direction given to him or her under subsection (1) is guilty of an offence and is liable on summary conviction to a fine not exceeding €500.

(4) In this section—

“passenger” and “passenger boat” have the meanings assigned to them, respectively, in section 2 of the Act of 1992;

“passenger ship” means a ship carrying more than 12 passengers.

Nautical publications.

34.—(1) The Minister may make regulations specifying such charts, nautical directions or information or other nautical publications as appear to him or her to be necessary or expedient for the safe operation of vessels and such regulations may require—

(a) Irish ships, or such class or description of such ships as is specified in the regulations, to carry either at all times or on such voyages as is so specified,

(b) vessels which are not Irish ships, or such class or description of such vessels as is so specified, to carry at any time while they are in Irish waters or such of those waters as is so specified,

either a copy of all, or a copy of such as are so specified, of the charts, nautical directions or information or other nautical publications so specified.

(2) If a vessel goes or attempts to go out to sea or into other Irish waters without carrying one copy of any chart, nautical directions or information or other nautical publication which it is by regulations under this section required to carry, the master and the owner of the vessel are each guilty of an offence and liable on summary conviction to a fine not exceeding €5,000.

(3) The Merchant Shipping (Carriage of Nautical Publications) Regulations 1985 ( S.I. No. 282 of 1985 ) if in operation on the commencement of this Act continue in force as if made under this section.

(4) In this section “copy” includes a copy in electronic form which is capable of being read in legible form by the person in command or in charge on board the vessel concerned at all times during the navigation or operation of the vessel.

Codes of practice for vessels.

35.—(1) For the purpose of providing practical guidance to persons in command or in charge of, manning or sailing on vessels with respect to—

(a) seamanship,

(b) the safe operation, the safety of their passengers and crews and the seaworthiness of vessels,

(c) the prevention of the abuse of alcohol and drugs and the safe use of alcohol on board vessels,

(d) the prevention of pollution or nuisance to other persons or interference with natural or archaeological heritage areas of importance, or

(e) the requirements or prohibitions by or under the Merchant Shipping Acts 1894 to 2005,

the Minister may, following consultation with such persons as he or she considers relevant, prepare and publish codes of practice for such persons.

(2) The Minister shall, before publishing a code of practice or any amendment to it, publish in such manner, as he or she considers appropriate, a draft of the code or the amendment. A person may, not later than one month or such further period allowed by the Minister being not later than 3 months, from the publication, make representations in writing to the Minister in relation to the draft. Having considered any representations and following such consultations with such persons as he or she considers relevant, the Minister may make the code of practice or the amendment with or without modification.

(3) Where the Minister publishes a code of practice or any amendment to a code of practice, he or she shall publish a notice of the publication in the Iris Oifigiúil and the notice shall—

(a) identify the code,

(b) specify the matters in relation to the matters referred to in subsection (1) in respect of which the code or the amendment is published, and

(c) specify the date on which the code or amendment comes into operation.

(4) The Minister may, following consultation with any person he or she considers relevant, amend or revoke any code of practice or any part of a code of practice.

(5) Where the Minister revokes a code of practice or any part of a code of practice, he or she shall publish a notice of the revocation in the Iris Oifigiúil.

(6) The Minister shall make available for public inspection, without charge on the Department's website on the internet and at the principal office of the Department and at such other places as the Minister considers appropriate, during normal working hours—

(a) a copy of each code of practice, and

(b) where a code of practice has been amended, a copy of the code as amended.

(7) It is the duty of persons in command or in charge of or manning vessels to be aware of and follow any code of practice relating to the vessel.

Use of codes of practice in criminal proceedings.

36.—(1) Where a code of practice has been published and there are any proceedings for an offence under the Merchant Shipping Acts 1894 to 2005 and—

(a) the code of practice appears to the court to give practical guidance to the safe operation, or any of the matters referred to in subsection (1) or the observance of the requirement or prohibition alleged to have been contravened, the code is admissible in evidence, or

(b) where it is shown that any act or omission of the defendant alleged to constitute the offence—

(i) is a failure to observe a code of practice, or

(ii) is a compliance with that code,

then such failure or compliance is admissible in evidence.

(2) A document published by the Department and purporting to be a code of practice or a part of a code of practice or any amendment to a code of practice is admissible as evidence in any proceedings referred to in subsection (1).

Non-interference with access to and from ports and harbours.

37.—(1) A vessel shall not, without lawful authority, impede or interfere with any other vessel lawfully entering or leaving, or attempting to enter or leave, a port or harbour (including any approaches to, and waters within the confines of, the port or harbour).

(2) A person in command or in charge of a vessel which contravenes subsection (1) is guilty of an offence and is liable—

(a) on summary conviction, to a fine not exceeding €5,000, or

(b) on conviction on indictment, to a fine not exceeding €250,000.

(3) The prohibition under subsection (1) in relation to a vessel does not apply to a vessel in distress or out of control due to being in distress.

Directions, etc., to have vessels moved in the interests of safety of life at sea and marine security, etc.

38.—(1) The Minister or an authorised person for the purposes of—

(a) securing the safety and security of vessels, persons on vessels or persons or property adjacent to Irish waters,

(b) securing the proper operation of a port or harbour (including access to and from it and movement within its confines by vessels),

(c) securing safe navigable routes, or

(d) providing for the protection of a natural heritage area (within the meaning of Part 2) or a monument or wreck protected under the National Monuments Acts 1930 to 2004,

may give directions, in accordance with subsection (3), to the owner or master of a vessel or a person who reasonably appears to him or her, to be in charge of the vessel, in Irish waters.

(2) If, in the opinion of the Minister or an authorised person, a direction under subsection (1) is not being complied with, the Minister or an authorised person, may take such action and do such things, in accordance with subsection (3), in relation to the vessel concerned or the stores, equipment or cargo of the vessel as appear, having regard to all the circumstances, to be necessary and reasonable for the purposes of enforcing subsection (1).

(3) A direction given, or action taken, under this section may include all or any of the following—

(a) the movement of a vessel in, out of, or beyond, the limits of Irish waters or to a specified place in such manner as may be specified,

(b) the restraint or control of a vessel or its movements and the attendance on the vessel of such tug-boats or other vessels as may be specified,

(c) the boarding of the vessel for the purposes of giving advice or assistance in relation to the movement, restraint or control of a vessel, or to assess any damage to the vessel which may prevent the carrying out of the movement, restraint or control of the vessel, and to take any measures deemed necessary to repair such damage,

(d) the temporary prevention or restriction on the navigation of a vessel within specified areas for the purposes of allowing any directions or actions under this section to be carried out safely, or

(e) the unloading of the stores, equipment, cargo or any other substance on a vessel, and the specification of the type or class of vessel by which any such operation of unloading is to be carried out.

(4) The Minister or an authorised person in the exercise of his or her powers under this section shall not unduly detain a vessel from proceeding on her voyage.

(5) The owner of a vessel is liable to pay to the Minister the expenses of the Minister or incidental to any action taken by the Minister or an authorised person under this section. Any such expenses may be recovered by the Minister, in a court of competent jurisdiction, as a debt due and payable to the Minister.

(6) A person who, without reasonable excuse—

(a) contravenes or fails to comply with a direction under this section, or

(b) obstructs a person who is complying with such a direction or an authorised person carrying out any action or doing anything under this section,

is guilty of an offence and is liable—

(i) on summary conviction, to a fine not exceeding €5,000, or

(ii) on conviction on indictment, to a fine not exceeding €250,000.

(7) Where any expenses due under subsection (5) or a fine imposed on the owner or master of a vessel under subsection (6) is or are not duly paid the court may, without prejudice to any other powers for enforcing payment, direct that any amount of the expenses or fine remaining unpaid be levied by the distress and sale of such property, comprising the vessel, her equipment and stores, as the court thinks necessary.

(8) The Minister or an authorised person, or a person acting under the direction of the Minister or an authorised person, is not liable in any proceedings for any action taken in accordance with subsection (3) if the court is satisfied that the action was done in good faith and there were reasonable grounds for doing it.

Authorised persons.

39.—(1) The Minister may appoint in writing such persons or persons of such classes as he or she sees fit to be authorised persons for the purposes or specified purposes of this Part.

(2) An authorised person or a member of the Garda Síochána may be assisted in the exercise of his or her functions under this Part by such persons as he or she considers necessary.

(3) An authorised person (other than an officer of the Permanent Defence Forces holding commissioned naval rank) shall be furnished with a warrant of his or her appointment as an authorised person and when exercising any power conferred on him or her by this section as an authorised person, shall, unless in uniform, if requested by a person affected, produce the warrant or a copy of it to that person.

(4) A person who obstructs a member of the Garda Síochána or an authorised person in the exercise of his or her powers under this Part is guilty of an offence and is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 3 months or both.

Power to stop, board and inspect vessels, etc.

40.—(1) An authorised person or a member of the Garda Síochána for the purpose of enforcing this Part may stop, board and inspect a vessel in or on Irish waters or on land, within the State, adjacent to those waters.

(2) An authorised person or a member of the Garda Síochána may request of a person on a vessel stopped and boarded under subsection (1) and whom the authorised person or member suspects is committing or has committed an offence under this Part to give his or her name and address.

(3) A person who—

(a) without reasonable excuse, fails to stop a vessel when required under subsection (1) or allow its inspection, or

(b) refuses to give his or her name or address when requested under subsection (2) or gives a name or address which is false or misleading,

is guilty of an offence and is liable on summary conviction to a fine not exceeding—

(i) €1,000, in case of a first offence, and

(ii) €2,000, or imprisonment for a term not exceeding one month or both, in the case of a second or subsequent offence.

Power of arrest.

41.—(1) A member of the Garda Síochána or an authorised person being an officer of the Permanent Defence Forces holding commissioned naval rank who reasonably suspects that a person is committing or has committed an offence under this Part may arrest without warrant the person.

(2) (a) The person in command or in charge of a vessel or a person authorised by him or her or the owner of the vessel who reasonably suspects that a person is committing or has committed an offence under section 30 , 31, 32 or 33 may arrest without warrant the person.

(b) A person authorised under this subsection is not entitled to exercise the power referred to unless he or she is in uniform and has received (whether before or after the commencement of this section) training and instruction which in the opinion of the person or if he or she is authorised by another, the person authorising him or her, after consultation with the Garda Síochána, is such as will provide guidance to him or her in the exercise of that power.

(3) Where an authorised person referred to in subsection (1) or a person referred to in subsection (2) arrests a person under that subsection he or she shall, as soon as practicable, deliver the person into the custody of a member of the Garda Síochána to be dealt with according to law. The arrest of the person does not prejudice his or her re-arrest under statute or otherwise by a member of the Garda Síochána.

Suspension or cancellation of certificate of competency of master, etc., of ship in certain circumstances.

42.—(1) On conviction of a person under this Part, the court may at its discretion, in addition to any other penalty to which any such person may be liable, suspend or cancel a certificate of competency held by the person and require the holder to surrender the certificate to the Minister.

(2) Where a certificate of competency has been suspended or cancelled under subsection (1), the court may, upon application to it, if it thinks the circumstances so warrant, direct the Minister to re-issue and return the certificate suspended or cancelled or it may reduce the period of suspension.

(3) Any certificate of competency suspended or cancelled under this section shall be delivered to the Minister as soon as practicable after it is suspended or cancelled.

(4) A person who fails to comply with subsection (3) is guilty of an offence and is liable on summary conviction to a fine not exceeding €500.

(5) In this section “certificate of competency” means a valid certificate of competency issued by the Minister under section 3 of the Merchant Shipping (Certification of Seamen) Act 1979 .

Prosecution of summary offences.

43.—Proceedings for an offence under this Part may be prosecuted summarily by the Minister.

Recovery of costs of Minister.

44.—Any costs of the Minister incurred in or in connection with the prosecution of a person for an offence under this Part for which a person is convicted may be recovered by the Minister as a debt due and payable to the Minister by the convicted person.

Non-application of Part 3 to warships, etc.

45.—A prohibition or requirement under this Part in relation to a vessel or a person on board and sections 21, 40 and 41 do not apply to—

(a) a warship, naval auxiliary or other vessel in the service of the Defence Forces or the navy or military of another state, or

(b) a vessel being used for coast guard, customs or police or rescue purposes.

Definitions (Part 3).

46.—(1) In this Part—

“authorised person” means a person or class of persons appointed under section 39 (1) as an authorised person or authorised persons for the purposes of this Part;

“code of practice” means a code of practice prepared and published under section 35 ;

“Department” means Department of Communications, Marine and Natural Resources;

“Irish ship” has the meaning assigned to it by section 9 of the Mercantile Marine Act 1955 ;

“master” in relation to a ship, means the person being, for the time being, in command or in charge of the ship;

“operate” in relation to a vessel, means—

(a) doing anything which relates directly to the helming, steering, sailing or navigation of the vessel, or

(b) operating nautical equipment relating to the vessel's intended purpose or use at sea or in waters (including the opening or closing of any part of the vessel or raising or lowering any ramp or gangway to facilitate the boarding onto, or disembarkation from, the vessel of passengers or vehicles);

“owner” in relation to a vessel, means the person registered under the Mercantile Marine Act 1955 as her owner, or, if no person is so registered, the person who owns the vessel, and includes any partowner, charterer, hirer, manager or operator of the vessel;

“pleasure craft” has the meaning assigned to it by section 20 (as amended by section 47 ) of the Act of 1992;

“ship” includes any description of vessel used in navigation not propelled by oars;

“vessel” includes any ship or boat and any other vessel used in navigation and personal watercraft and recreational craft;

“unseaworthy” in relation to a vessel, means she—

(a) being unfit to go out to sea or into waters, by reason of—

(i) the condition of the vessel's hull, rigging, equipment or machinery, or

(ii) undermanning or overloading or improper loading, or

(b) does not comply with regulations made under the Merchant Shipping Acts 1894 to 2005 relating to the safety of the vessel and persons on board (and in particular in relation to standards of seaworthiness, construction and maintenance and life-saving, fire-fighting, radio and navigation equipment).

(2) In this Part (other than sections 23 and 24) a reference to a ship or vessel in Irish waters which is to a ship or vessel registered outside the State is a reference to the ship or vessel while in a port, harbour or other place in the State or within the territorial seas of the State while proceeding to or from any such port, harbour or place.

PART 4

Safety Regulations — Passenger Boats, Fishing Vessels and Pleasure Craft — and Amendment of Merchant Shipping Acts

Safety regulations — passenger boats, fishing vessels and pleasure craft.

47.—(1) The Act of 1992 is amended by substituting for sections 18, 19 and 20 (as amended by section 44 of the Act of 2000) the following:

(2) The Act of 1992 is amended by substituting for section 27 the following:

(3) Regulations made under section 18, 19, 20 and 27 of the Act of 1992 which are in force immediately before the commencement of this section continue in force after such commencement and are deemed to have been made under section 18, 19, 20 or 27, as the case may be, inserted by this section.

Amendment of Merchant Shipping Act 1947.

48.—Section 12(4) of the Merchant Shipping Act 1947 is amended by substituting “€500” for “twenty five pounds”.

Amendment of Merchant Shipping (Certification of Seamen) Act 1979.

49.—The Act of 1979 is amended—

(a) in section 3(3), by substituting “€5,000” for “£250”,

(b) in section 5(1), by substituting “€100,000” for “£5,000”,

(c) in section 5(2), by substituting “€5,000” for “£500”,

(d) in section 6, by substituting “€5,000” for “£250”,

(e) in section 7(2), by substituting “€500” for “£250”,

(f) in section 8(2), by substituting “€5,000” for “£250”, and

(g) in section 11(2), by substituting “€500” for “£100”.

Miscellaneous amendments to Act of 1992.

50.—The Act of 1992 is amended—

(a) in section 6(2)—

(i) paragraph (a), by substituting “€5,000” for “£1,000”, and

(ii) paragraph (b), by substituting “€100,000” for “£10,000”,

(b) in section 8(6)—

(i) paragraph (a), by substituting “€5,000” for “£1,000”,

(ii) paragraph (b), by substituting “€100,000” for “£10,000”, and

(iii) paragraph (c), by substituting “€100,000” for “£100,000”,

(c) in section 9, by inserting after subsection (2) the following:

“(2A) Where the Minister revokes or suspends a certificate in respect of a particular vessel, and is of opinion that it is in the interests of safety that the holder of the certificate should not be the holder of a certificate or licence in relation to other vessels, then the Minister may revoke or suspend any other certificate or licence held by the holder in relation to any other vessel.”,

(d) in section 10(2)—

(i) paragraph (a), by substituting “€1,000” for “£500”, and

(ii) paragraph (b), by substituting “€5,000” for “£1,000”,

(e) in section 11(2)—

(i) paragraph (a), by substituting “€5,000” for “£1,000”, and

(ii) paragraph (b), by substituting “€100,000” for “£10,000”,

(f) in section 12(2)—

(i) paragraph (a), by substituting “€5,000” for “£1,000”, and

(ii) paragraph (b), by substituting “€100,000” for “£100,000”, and

(g) in section 13(3)—

(i) paragraph (a)(i), by substituting “€5,000” for “£1,000”,

(ii) paragraph (a)(ii), by substituting “€100,000” for “£100,000”,

(iii) paragraph (b), by substituting “€2,000” for “£500”, and

(iv) paragraph (c), by substituting “€5,000” for “£1,000”,

(h) in section 14(2)—

(i) paragraph (a), by substituting “€5,000” for “£1,000”, and

(ii) paragraph (b), by substituting “€100,000” for “£5,000”,

(i) in section 14A(3) (inserted by section 4(c) of the Merchant Shipping (Miscellaneous Provisions) Act 1998 )—

(i) paragraph (a), by substituting “€5,000” for “£1,500”, and

(ii) paragraph (b), by substituting “€100,000” for “£10,000”,

(j) in section 15(7)—

(i) paragraph (a), by substituting “€5,000” for “£1,000”,

(ii) paragraph (b), by substituting “€100,000” for “£5,000”, and

(iii) paragraph (c), by substituting “€100,000” for “£50,000”,

(k) in section 16, by inserting after subsection (2) the following:

“(2A) Where the Minister revokes or suspends a licence in respect of a particular vessel under subsection (2), and is of opinion that it is in the interests of safety that the holder of the licence should not be the holder of a licence or certificate in relation to other vessels, then the Minister may revoke or suspend any other licence or certificate held by the holder in relation to any other vessel.”,

(l) in section 17(3)—

(i) paragraph (a), by substituting “€500” for “£200”, and

(ii) paragraph (b), by substituting “€2,000” for “£500”,

(m) in section 25(3), by substituting “€5,000” for “£1,000”, and

(n) in section 30, by substituting “€5,000” for “£1,000”.

Increase in fines, etc., in Act of 2000.

51.—The Act of 2000 is amended—

(a) in section 2, in the definition of “owner”, by inserting “hirer,” after “charterer,”,

(b) in section 30(7), by substituting “€2,000” for “£1,000”,

(c) in section 31(3), by substituting “€2,000” for “£1,000”,

(d) in section 36(7), by substituting “€5,000” for “£1,500” and “6 months” for “12 months”,

(e) in section 42—

(i) paragraph (a), by substituting “€5,000” for “£1,500” and “6 months” for “3 months”, and

(ii) paragraph (b), by substituting “€100,000” for “£100,000”.

PART 5

Amendment of Certain Enactments

Amendment of Harbours Act 1946.

52.— The Harbours Act 1946 is amended—

(a) by substituting for section 48 the following:

and

(b) in section 60—

(i) by substituting for subsection (12) the following:

“(12) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding €5,000.”,

and

(ii) by inserting after subsection (13), the following:

“(14) (a) Where an officer of a harbour authority authorised for the purposes of this subsection has reasonable grounds for believing that a person is committing or has committed an offence under subsection (12) of this section he or she may serve the person with a notice, in the form specified by the harbour authority in bye-laws under this section, stating that—

(i) the person is alleged to have committed the offence, and

(ii) the person may during the period of 21 days beginning on the date of the notice make to the harbour authority at the address specified in the notice a payment of €150, accompanied by the notice, and

(iii) a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence will be instituted.

(b) Where notice is given under paragraph (a) of this subsection—

(i) a person to whom the notice applies may, during the period specified in the notice, make to the harbour authority at the address specified in the notice the payment specified in the notice, accompanied by the notice,

(ii) the harbour authority may receive the payment, issue a receipt for it and retain the money paid, and any payment received shall not be recoverable in any circumstances by the person who made it,

(iii) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice, and if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence shall be instituted.

(c) In a prosecution for an offence under this subsection the onus of proving that a payment pursuant to a notice under this subsection has been made lies on the defendant.”.

Sea-fishing boat licences.

53.—Section 222B (inserted by section 4 of the Fisheries (Amendment) Act 2003 ) of the Fisheries (Consolidation) Act 1959 is amended—

(a) by substituting for subsection (1) the following:

“(1) This section applies to any Irish sea-fishing boat.”,

(b) in subsection (2) by inserting “or renewed” after “granted”,

(c) by substituting for paragraph (a) of subsection (3) the following:

“(a) The licensing authority may grant sea-fishing boat licences for such period as is specified in the licence.”,

(d) in subsection (3)(d), by substituting “terms and conditions” for “conditions”,

(e) by substituting for subsection (4) the following:

“(4) (a) The licensing authority may renew a sea-fishing boat licence, without the holder of the licence making an application under subsection (3)(b), for such period or periods as he or she considers appropriate.

(b) Section 7 of the Fisheries (Amendment) Act 2003 does not apply to the renewal of a licence under paragraph (a).

(c) A sea-fishing boat licence which has been renewed by the licensing authority before the commencement of section 53 of the Maritime Safety Act 2005 is deemed to have been renewed under paragraph (a).”,

(f) in subsection (8), by substituting for paragraph (a) the following:

“(a) The licensing authority may attach to a sea-fishing boat licence such terms (including terms specifying an event or other circumstance on the occurrence of which the licence is to come into force or cease to be in force) and conditions (including conditions precedent to the licence's becoming operative) as he or she shall think fit and he or she may also attach further terms or conditions to or vary the terms or conditions already attached to such a licence or remove any such terms or conditions.”,

(g) in subsection (8)(b) and (c), by substituting “term or condition” for “condition”,

(h) by inserting after subsection (8) the following:

“(8A) (a) It is condition of a sea-fishing boat licence that the licensee shall ensure that the licensed boat complies with requirements specified by or under the Merchant Shipping Acts 1894 to 2005.

(b) Where by or under the Merchant Shipping Acts 1894 to 2005 a survey is required to be carried out of a sea-fishing boat for the purpose of establishing whether or not such boat complies with the requirements specified by or under those Acts, the licensing authority shall not grant or renew a sea-fishing boat licence in respect of the boat unless the licensing authority is satisfied that the boat complies with such requirements.

(c) Where a code of practice published by the Minister relating to the safety and sea-worthiness of sea-fishing boats of a class to which paragraph (b) does not apply requires a survey to be carried out of a sea-fishing boat of such class for the purpose of establishing whether or not such boat complies with the requirements specified in the code of practice, the licensing authority shall not grant a sea-fishing boat licence in respect of the boat unless a declaration of compliance with the code of practice has been provided to the licensing authority.”,

and

(i) in subsection (13) by substituting for the definition of “Act of 1983” the following:

“ ‘Irish sea-fishing boat’ means a sea-fishing boat which is—

(a) entered in the Register of Fishing Boats, or is required to be so entered, or

(b) exempt from such entry by regulations under section 373 of the Merchant Shipping Act 1894;”.

Amendment of Fishery Harbour Centres Act 1968.

54.— Section 4 of the Fishery Harbour Centres Act 1968 is amended—

(a) by substituting for paragraph (a) of subsection (6) the following:

“(a) A person who contravenes an order or bye-law under this section is guilty of an offence and is liable on summary conviction to a fine not exceeding €5,000.”,

and

(b) by inserting after subsection (9) the following:

“(10) (a) Where an officer of the Minister authorised for the purposes of this subsection has reasonable grounds for believing that a person is committing or has committed an offence under subsection (6)(a) of this section he or she may serve the person with a notice, in the form specified by the Minister in bye-laws under this section, stating that—

(i) the person is alleged to have committed the offence, and

(ii) the person may during the period of 21 days beginning on the date of the notice make to the Minister at the address specified in the notice a payment of such amount specified in bye-laws under this section, accompanied by the notice, and

(iii) a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence will be instituted.

(b) Where notice is given under paragraph (a) of this subsection—

(i) a person to whom the notice applies may, during the period specified in the notice, make to the Minister at the address specified in the notice the payment specified in the notice accompanied by the notice,

(ii) the Minister may receive the payment, issue a receipt for it and retain the money paid, and any payment received shall not be recoverable in any circumstances by the person who made it,

(iii) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice, and if the payment specified is made during that period, no prosecution in respect of the alleged offence shall be instituted.

(c) In a prosecution for an offence under this subsection the onus of proving that a payment pursuant to a notice under this subsection has been made lies on the defendant.

(d) Any payment received by the Minister under this subsection shall be paid into the Fishery Harbour Centres Fund.”.

Amendment of section 4 of Landlord and Tenant (Ground Rents) (No. 2) Act 1978.

55.—(1) Section 4(1) (inserted by section 2 of the Landlord and Tenant (Ground Rents) Act 2005 ) of the Landlord and Tenant (Ground Rents) (No. 2) Act 1978 is amended by inserting after paragraph (c) the following:

“(cc) a company within the meaning of section 2 of the Harbours Act 1996 ,”.

(2) The amendment provided for in subsection (1) does not affect actions taken before the commencement of this section under the Landlord and Tenant Acts 1967 to 2005.

Amendment of Canals Act 1986.

56.— The Canals Act 1986 is amended—

(a) in section 7, by inserting after subsection (1) the following:

“(1A) (a) If Waterways Ireland proposes to make bye-laws under subsection (1), it shall publish a notice of the proposal in one or more newspapers circulating in the vicinity of the canal or other canal property to which the proposal relates.

(b) A notice under paragraph (a) shall contain a statement in general terms of the purposes for which the proposed bye-laws are to be made and an intimation that—

(i) a copy of the draft bye-laws is open for public inspection at a place specified in the notice, and

(ii) a person may submit to Waterways Ireland objections to the draft bye-laws at any time during the period of 21 days commencing on the day of the first publication of the notice.

(c) Waterways Ireland shall, during the period of 21 days, keep a copy of the draft bye-laws open for public inspection at the place specified in the notice.

(d) Any person who objects to the draft bye-laws may submit his or her objections to Waterways Ireland in writing at any time during the period of 21 days. Waterways Ireland shall consider the objections.

(e) On the expiration of the period of 21 days, Waterways Ireland shall, as it thinks proper, refrain from making the bye-laws or, with the consent of the Minister for Community, Rural and Gaeltacht Affairs, make the bye-laws either without modification or with such modification, as it thinks proper.

(f) A copy of the bye-laws for the time being in force under subsection (1) in relation to a canal or other canal property shall be made available by Waterways Ireland for inspection by the public at the public offices of Waterways Ireland during ordinary office hours. Waterways Ireland shall make available to the public at such price (if any) as may be determined by it copies of bye-laws for the time being in force relating to a canal or other canal property.”;

(b) in section 7—

(i) by substituting for subsection (3), the following:

“(3) A person who contravenes a bye-law under subsection (1) (other than paragraph (i)) is guilty of an offence and is liable on summary conviction to a fine not exceeding €5000.”,

(ii) by deleting subsection (4), and

(iii) by inserting after subsection (7) the following:

“(8) Waterways Ireland may recover as a simple contract debt in any court of competent jurisdiction from any person by whom it is payable any amount due and owing under bye-laws made under subsection (1)(i).”,

and

(c) by inserting after section 7, the following:

Amendment of Shannon Navigation Act 1990.

57.— The Shannon Navigation Act 1990 is amended—

(a) in section 3, by inserting after subsection (1) the following—

“(1A) (a) If Waterways Ireland proposes to make bye-laws under subsection (1), it shall publish a notice of the proposal in one or more newspapers circulating in the vicinity of the Shannon navigation to which the proposal relates.

(b) A notice under paragraph (a) shall contain a statement in general terms of the purposes for which the proposed bye-laws are to be made and an intimation that—

(i) a copy of the draft bye-laws is open for public inspection at a place specified in the notice, and

(ii) a person may submit to Waterways Ireland objections to the draft bye-laws at any time during the period of 21 days commencing on the day of the first publication of the notice.

(c) Waterways Ireland shall, during the period of 21 days, keep a copy of the draft bye-laws open for public inspection at the place specified in the notice.

(d) Any person who objects to the draft bye-laws may submit his or her objections to Waterways Ireland in writing at any time during the period of 21 days. Waterways Ireland shall consider the objections.

(e) On the expiration of the period of 21 days, Waterways Ireland shall, as it thinks proper, refrain from making the bye-laws or, with the consent of the Minister for Community, Rural and Gaeltacht Affairs, make the bye-laws either without modification or with such modification, as it thinks proper.

(f) A copy of the bye-laws for the time being in force under subsection (1) in relation to the Shannon navigation shall be made available by Waterways Ireland for inspection by the public at the public offices of Waterways Ireland during ordinary office hours. Waterways Ireland shall make available to the public, at such fee (if any) as may be determined by it, copies of bye-laws for the time being in force relating to the Shannon navigation.”;

(b) in section 3, by substituting for subsection (5), the following:

“(5) A person who contravenes a bye-law under subsection (1) (other than paragraph (l)) is guilty of an offence and is liable on summary conviction to a fine not exceeding €5,000.

(5A) Waterways Ireland may recover as a simple contract debt in any court of competent jurisdiction from any person by whom it is payable any amount due and owing under bye-laws made under subsection (1)(l).”,

and

(c) by inserting after section 3, the following:

Amendment of Harbours Act 1996.

58.— The Harbours Act 1996 is amended—

(a) by substituting for subsections (1) and (2) of section 6 the following:

“(1) A person guilty of an offence under section 46, 50, 52, 53, 60 or 77 is liable—

(a) on summary conviction, to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or both, or

(b) on conviction on indictment, to a fine not exceeding €1,000,000 or imprisonment for a term not exceeding 2 years or both.

(2) A person guilty of an offence under this Act (other than section 46, 50, 52, 53, 60 or 77) is guilty of an offence and is liable on summary conviction to a fine not exceeding €5,000.”,

(b) by inserting after section 6 the following:

and

(c) in section 42, by inserting after subsection (3) the following:

“(4) (a) If a company proposes to make bye-laws under subsection (1) it shall publish a notice of the proposal in one or more newspapers circulating in the vicinity of the harbour to which the proposal relates.

(b) A notice under paragraph (a) shall contain a statement in general terms of the purposes for which the proposed bye-laws are to be made and an intimation that—

(i) a copy of the draft bye-laws is open for public inspection at a place in the harbour specified in the notice, and

(ii) a person may submit to the company objections to the draft bye-laws at any time during the period of 21 days commencing on the day of the first publication of the notice.

(c) The company shall, during the period of 21 days, keep a copy of the draft bye-laws open for public inspection at the place specified in the notice.

(d) Any person who objects to the draft bye-laws may submit his or her objections to the company in writing at any time during the period of 21 days. The company shall consider the objections.

(e) On the expiration of the period of 21 days, the company shall, as it thinks proper, refrain from making the bye-laws or make the bye-laws either without modification or with such modification, as it thinks proper.

(5) A copy of bye-laws for the time being in force under subsection (1) in relation to a harbour shall be made available, by the company which made them, for inspection by the public at the harbour during ordinary office hours. The company shall make available to the public at such price (if any) as may be determined by the company copies of bye-laws for the time being in force relating to the harbour.”.

PART 6

Provisions Relating to the Foreshore and to Foreshore and Aquaculture Licences, etc.

Collective citation (Part 6).

59.—The Foreshore Acts 1933 to 2003 and this Part may be cited together as the Foreshore Acts 1933 to 2005 and shall be construed together as one Act.

Amendment of Foreshore Act 1933.

60.— The Foreshore Act 1933 is amended—

(a) in section 1—

(i) in the definition of “foreshore” by inserting “and the outer limit of the foreshore shall be determined in accordance with section 1A of this Act” after “any such river or estuary”, and

(ii) by inserting the following before the definition of “the Minister”:

“the expression ‘the Act of 2005’ means the Maritime Safety Act 2005;”,

(b) by inserting the following section after section 1:

(c) by inserting the following sections after section 3:

and

(d) by inserting the following section after section 16:

SCHEDULE

Enactments Repealed

Section 3.