Oil Pollution of the Sea (Civil Liability and Compensation) (Amendment) Act, 2003

• Jurisdiction: Ireland
• Citation: IR No. 33/2003
• Year: 2003

Number 33 of 2003
OIL POLLUTION OF THE SEA (CIVIL LIABILITY AND COMPENSATION) (AMENDMENT) ACT 2003
ARRANGEMENT OF SECTIONS
Section 1. Definitions. 2. Application. 3. Amendment of section 3 (interpretation) of Act of 1988. 4. Amendment of section 10 (limitation on liability for pollution damage) of Act of 1988. 5. Amendment of section 19 (returns of volume of oil carried by sea) of Act of 1988. 6. Amendment of Act of 1988 (Supplementary Fund). 7. Amendment of section 21 (extent of liability of Fund) of Act of 1988. 8. Amendment of section 22 (limitation of actions against Fund and Supplementary Fund) of Act of 1988. 9. Amendment of section 23 (pollution damage in two countries) of Act of 1988. 10. Amendment of section 24 (claims by State) of Act of 1988. 11. Recognition and enforcement of Judgement of Member State of European Communities in relation to Supplementary Fund. 12. Short title, collective citation, construction and commencement.
Acts Referred to
Oil Pollution of the Sea (Civil Liability and Compensation) (Amendment) Act 1998 1998, No. 13 Oil Pollution of the Sea (Civil Liability and Compensation) Act 1988 1988, No. 11
Number 33 of 2003
OIL POLLUTION OF THE SEA (CIVIL LIABILITY AND COMPENSATION) (AMENDMENT) ACT 2003
AN ACT TO GIVE EFFECT TO THE AMENDMENT OF THE LIMITATION AMOUNTS IN THE PROTOCOL OF 1992 TO AMEND THE INTERNATIONAL CONVENTION ON CIVIL LIABILITY FOR OIL POLLUTION DAMAGE 1969, DONE AT LONDON ON 27 NOVEMBER 1992, AND THE AMENDMENT OF THE LIMITS OF COMPENSATION IN THE PROTOCOL OF 1992 TO AMEND THE INTERNATIONAL CONVENTION ON THE ESTABLISHMENT OF AN INTERNATIONAL FUND FOR COMPENSATION FOR OIL POLLUTION DAMAGE 1971, DONE AT LONDON ON 27 NOVEMBER 1992, TO GIVE EFFECT TO THE PROTOCOL OF 2003 TO THE INTERNATIONAL CONVENTION ON THE ESTABLISHMENT OF AN INTERNATIONAL FUND FOR COMPENSATION FOR OIL POLLUTION DAMAGE 1992, DONE AT LONDON ON 16 MAY 2003, AND FOR THOSE PURPOSES TO AMEND THE OIL POLLUTION OF THE SEA (CIVIL LIABILITY AND COMPENSATION) ACTS 1988 TO 1998, AND TO PROVIDE FOR CONNECTED MATTERS. [29th October, 2003]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
	Definitions.	1. In this Act
	“Act of 1988” means the Oil Pollution of the Sea (Civil Liability and Compensation) Act 1988 ;
	“Act of 1998” means the Oil Pollution of the Sea (Civil Liability and Compensation) (Amendment) Act 1998 ;
	“Minister” means the Minister for Communications, Marine and Natural Resources.
	Application.	2.—(1) Sections 4 and 7 (1) apply in respect of incidents occurring on or after the commencement of those sections.
	(2) For the purposes of this Act, an incident that consists of a series of occurrences having the same origin is deemed to have occurred on the happening of the first of those occurrences.
	Amendment of section 3 (interpretation) of Act of 1988.	3.—Section 3 (as amendment by section 3 of the Act of 1988) of the Act of 1988 is amended—
	(a) by inserting in subsection (1) the following definition after the definition of “aggregate amount of compensation”:
	“ ‘Assembly of the Supplementary Fund’ means the Assembly specified in Article 16 of the Supplementary Fund Protocol;”,
	and
	(b) by inserting in subsection (1) the following definitions after the definition of “ship”:
	“ ‘Supplementary Fund’ means the International Oil Pollution Compensation Supplementary Fund 2003, established by the Supplementary Fund Protocol;
	‘Supplementary Fund Protocol’ means the Protocol of 2003 to the International Convention on the establishment of an International Fund for Compensation for Oil Pollution Damage, done at London on 16 May 2003;”.
	Amendment of section 10 (limitation on liability for pollution damage) of Act of 1988.	4.—Section 10 (inserted by section 6 of the Act of 1998) of the Act of 1988 is amended in subsection (1)(b)—
	(a) by substituting “4,510,000 units of account” for “3 million units of account” in both places where it occurs,
	(b) by substituting “631 units of account” for “420 units of account”, and
	(c) by substituting “89,770,000 units of account” for “59.7 million units of account”.
	Amendment of section 19 (returns of volume of oil carried by sea) of Act of 1988.	5.—Section 19 (as amended by section 9 of the Act of 1998) of the Act of 1988 is amended by substituting the following for subsection (4):
	“(4) A person who—
	(a) fails to submit to the Minister the returns specified in subsection (1) within the prescribed time,
	(b) submits a false return to the Minister,
	(c) fails to make the payment specified in subsection (2), or
	(d) fails to make the payment specified in section 19A(2),
	is guilty of an offence.”.
	Amendment of Act of 1988 (Supplementary Fund).	6.—The Act of 1988 is amended by inserting the following new section after section 19:
“Supplementary Fund. 19A.—(1) The Supplementary Fund shall be a body corporate with perpetual succession and power to sue and be sued in its corporate name and to acquire, hold and dispose of land or an interest in land and to acquire, hold and dispose of other property. (2) It shall be the duty of such persons as may be prescribed to pay each year into the Supplementary Fund in such manner and on or before such date as may be prescribed such sums as may be determined by the Assembly of the Supplementary Fund and certified by the Director of the Supplementary Fund, any such sum to be determined in accordance with the returns submitted to the Minister under section 19(1) or, where the person concerned fails or neglects to submit the appropriate return on or before the prescribed date, to pay the Supplementary Fund such sum as may be calculated on an...