Continental shelf act, 1968

Act Number14
Enactment Date11 June 1968


Number 14 of 1968


CONTINENTAL SHELF ACT, 1968


ARRANGEMENT OF SECTIONS

Section

1.

Definitions.

2.

Exploration and exploitation of continental shelf.

3.

Application of certain laws of the State.

4.

Application of Minerals Development Acts, 1940 and 1960, and Petroleum and Other Minerals Development Act, 1960.

5.

Safety of navigation.

6.

Protection of installations in designated areas.

7.

Discharge of oil.

8.

Submarine cables and pipe-lines.

9.

Wireless apparatus.

10.

Application of Social Welfare Acts, 1952 to 1967.

11.

Application of Insurance (Intermittent Unemployment) Acts, 1942 and 1963.

12.

Inquiries.

13.

Prosecutions.

14.

Laying of orders and regulations before Houses of Oireachtas.

15.

Expenses.

16.

Short title.


Acts Referred to

Civil Liability Act, 1961

1961, No. 41.

Petroleum and Other Minerals Development Act, 1960

1960, No. 7

Oil Pollution of the Sea Act, 1956

1956, No. 1

Submarine Telegraph Act, 1885

1885, c. 49.


Number 14 of 1968


CONTINENTAL SHELF ACT, 1968


AN ACT TO MAKE PROVISION IN RELATION TO THE EXPLORATION AND EXPLOITATION OF THE CONTINENTAL SHELF AND TO PROVIDE FOR MATTERS CONNECTED WITH THE MATTERS AFORESAID. [11th June, 1968.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Definitions.

1.—In this Act—

“designated area” means an area standing designated for the time being by order under section 2 of this Act;

“the Minister” means the Minister for Industry and Commerce.

Exploration and exploitation of continental shelf.

2.—(1) Any rights of the State outside territorial waters over the sea bed and subsoil for the purpose of exploring such sea bed and subsoil and exploiting their natural resources are, subject to subsection (2) of this section, hereby vested in the Minister and shall be exercisable by the Minister.

(2) Whenever the Government so think fit and so direct, any rights referred to in subsection (1) of this section and specified in the direction shall be vested in and exercisable by a Minister of State specified in the direction other than the Minister.

(3) The Government may by order designate any area as an area within which the rights referred to in subsection (1) of this section are exercisable.

(4) The Government may by order revoke or amend an order under this section, including an order under this subsection.

Application of certain laws of the State.

3.—(1) (a) Any act or omission which—

(i) takes place on an installation in a designated area or any waters within five hundred metres of such an installation, and

(ii) would, if taking place in the State, constitute an offence under the law of the State,

shall be deemed, for all purposes relating to the offence, to take place in the State.

(b) Any act or omission which—

(i) takes place on any waters in a designated area (not being waters within five hundred metres of an installation), or under or above any waters or installation in a desigated area, in connection with the exploration of the sea bed or subsoil or the exploitation of their natural resources, and

(ii) would, if taking place in the State, constitute an offence under the law of the State,

shall be deemed, for all purposes relating to the offence, to take place in the State.

(2)(a) Any act or omission which—

(i) takes place on an installation or any waters within five hundred metres of such installation, in a designated area, and

(ii) would, if taking place in the State, constitute a wrong, shall be deemed for all purposes relating to the wrong, to take place in the State.

(b) Any act or omission which—

(i) takes place on any waters in a designated area (not being waters within five hundred metres of an instalation), or under or above any waters or installation in a designated area, in connection with the exploration of the sea bed or subsoil or the exploitation of their natural resources, and

(ii) would, if taking place in the State, constitute a wrong, shall be deemed, for all purposes relating to the wrong, to take place in the State.

(c) In this subsection “wrong” has the meaning assigned to it by the Civil Liability Act, 1961 .

(3) Any jurisdiction conferred on any court under this section shall be without prejudice to any jurisdiction exercisable apart from this section by that or any other court.

Application of Minerals Development Acts, 1940 and 1960, and Petroleum and Other Minerals Development Act, 1960.

4.—(1) The Minerals Development Acts, 1940 and 1960, shall apply in relation to minerals (within the meaning of those Acts) with respect to which the rights referred to in section 2 of this Act are exercisable as they apply in relation to those minerals in the State.

(2) The Petroleum and Other Minerals Development Act, 1960 , shall apply in relation to petroleum (within the meaning of that Act) with respect to which the rights referred to in the said section 2 are exercisable as it applies in relation to petroleum in the State.

Safety of navigation.

5.—(1) A person shall not construct, alter or improve any structure or works in or remove any object or material from a designated area without the consent of the Minister for Transport and Power.

(2) The Minister for Transport and Power may, as a condition of considering an application for consent under this section, require to be furnished with such plans and particulars as he may consider necessary and, on receipt of any such application, he may cause notice of the application, and of the time within which and the manner in which objections thereto may be made, to be published in such manner as he may consider appropriate for informing persons affected thereby, and, before granting his consent, may, if he thinks fit, appoint a person to hold an inquiry, and notice of the holding of the inquiry shall be given in the accordance with the provisions of this Act.

(3) If the Minister for Transport and Power is of opinion that the action in respect of which his consent was sought would cause an obstruction or danger to navigation, he shall either refuse his consent thereto or grant his consent subject to such conditions as he may think proper.

(4) All expenses incurred by the Minister for Transport and Power in holding an inquiry under this section shall, unless that Minister with the sanction of the Minister for Finance otherwise directs (in which case they shall, to the extent of the direction, be defrayed out of moneys provided by the Oireachtas), be paid by the person who applied for the consent to which the inquiry related, and the amount of the expenses shall be fixed by the Minister for Finance and shall be recoverable by the Minister for Transport and Power from the person as a simple contract debt in any court of competent jurisdiction.

(5) The person holding an inquiry under this section may, if he so thinks proper, order the costs and expenses incurred by any person in relation to the inquiry to be paid by any other person who appeared or was represented at the inquiry and, if the person who incurred, or the person who is liable to pay, the costs so requires, the costs and expenses shall be taxed and ascertained by a taxing-master of the High Court and the amount of such costs and expenses when so taxed and ascertained shall be recoverable as a simple contract debt in any court of competent jurisdiction.

(6) Where a person erects a structure, or removes an object or materials, without the consent of the Minister for Transport and Power or fails to comply with a condition subject to which the consent of that...

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