Marine environment legislation

Marine environment legislation can be broadly divided into three categories:

• prevention of pollution from ships
• response and co-operation this is dealt with by the Irish Coast Guard
• Civil Liability and Compensation in respect of ship pollution incidents

The international nature of shipping means that most legislative measures originate at international or EU level. Our policy is to comply with accepted EU / international standards while addressing specific Irish concerns. This involves consultation with other units within the Department, notably the Marine Survey Office and the Coast Guard, and other Departments and agencies, notably the Department of Environment Heritage and Local Government, the Attorney Generals Office and the Marine Institute.

International measures in the main originate at the International Maritime Organisation (IMO). This section attends various committee meetings, with the marine surveyors, when relevant. The principal measures introduced include the International Convention on the Prevention of Pollution from Ships (MARPOL Convention), the Civil Liability and Compensation Conventions, and the Oil Pollution Preparedness, Response and Co-Operation Convention (see the IMO page for more information).

EU measures originate at the Maritime Transport Working Group which is serviced as required by the section. Recent measures which have emanated from the Working Group include instruments on port reception facilities for ship-generated waste, phasing out of single hull oil tankers, anti-fouling systems and sanctions for ship-source pollution.

The Oil Pollution of the Sea (Civil Liability and Compensation) Acts 1988 to 2003 gives effect to international conventions in relation to civil liability and compensation.

The Sea Pollution Act, 1991, enabled Ireland to ratify MARPOL 73/78

The International Convention for the Prevention of Marine Pollution from Ships. The act also gives effect in the State to the Protocol relating to Intervention on the High Seas in cases of Pollution by Substances Other Than Oil.Regulations to give effect to MARPOL were introduced in 1994 and updated in 1997, 2002 and 2003.

The Sea Pollution (Hazardous Substances) (Compensation) Act, 2005 gives effect to the HNS Convention adopted at IMO in 1996. This Act has not yet commenced as the Convention has not yet entered into force internationally.

The Sea Pollution (Amendment) Act, 1999 gives effect to the International Convention on Oil Pollution Preparedness, Response and Co-operation, 1990 (OPRC).

The Merchant Shipping (Salvage and Wreck) Act, 1993while concerned primarily with maritime safety contains provisions aimed at protecting the marine environment.

The Dumping at Sea Act, 1996 gives effect to the OSPAR Convention .The Act also specifically prohibits the dumping of certain materials at sea.

The European Communities (Port Reception Facilities for Ship-Generated Waste and Cargo Residues) Regulations 2003 (S.I. No. 117 of 2003) gives effect to Directive 2000/59EC in that regard.

The European Communities (Vessel Traffic Monitoring and Information System) Regulations 2004 (S.I. No. 81 of 2004) gives effect to Directive 2002/59/EC in that regard.

S.I. No. 372/2012 - Sea Pollution (Prevention of Pollution by Garbage from Ships) Regulations 2012.

S.I. No. 492/2012 - Sea Pollution (Prevention of Pollution by Sewage from Ships) (Amendment) Regulations 2012.

The Sea Pollution (Miscellaneous Provisions) Act 2006 gives effect to a number of internationally agreed instruments:

• a Protocol to OPRC adopted at IMO in March 2000
• the International Convention on Civil Liability for Bunker Oil Pollution Damage 2001
• Annex VI to MARPOL (air pollution from ships)
• the International Convention on the Control of Harmful Anti-Fouling Systems on Ships 2001
• the International Convention on Ballast Water Management 2004