Sea Pollution (Hazardous Substances) (Compensation) Act 2005
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Insurance of ships. |
15.—(1) The owner of an Irish ship or a ship registered in a state, other than the State or another State Party, may apply to the Minister for a compulsory insurance certificate. | |
(2) The Minister shall, on being satisfied that there is in force, in respect of a ship to which an application under subsection (1) applies, a contract of insurance or other financial security that complies with Article 12 of the Convention, issue a compulsory insurance certificate to the owner thereof. | ||
(3) The owner and master of an Irish ship that— | ||
(a) is carrying hazardous and noxious substances, and | ||
(b) does not have on board a compulsory insurance certificate issued by the Minister under subsection (1), | ||
shall each be guilty of an offence. | ||
(4) The owner and master of a ship that— | ||
(a) is carrying hazardous and noxious substances, | ||
(b) is registered in a State Party other than the State, and | ||
(c) does not have on board a compulsory insurance certificate that complies with, and is issued or certified in accordance with, the said Article 12, | ||
shall, while the ship concerned is in the State, each be guilty of an offence. | ||
(5) The owner and master of a ship that— | ||
(a) is carrying hazardous and noxious substances, | ||
(b) is not registered in the State or another State Party, and | ||
(c) does not have on board— | ||
(i) a compulsory insurance certificate issued by the Minister under subsection (1), or | ||
(ii) a compulsory insurance certificate that otherwise complies with, and is issued or certified in accordance with, the said Article 12, | ||
shall, while the ship concerned is in the State, each be guilty of an offence. | ||
(6) An application under subsection (1) shall be accompanied by such fee, not exceeding the expense incurred by the Minister in considering such application and issuing a compulsory insurance certificate, as may be prescribed by the Minister. | ||
(7) The Public Offices Fees Act 1879 shall not apply to fees under this section. | ||
(8) In this section— | ||
“compulsory insurance certificate” shall be construed in accordance with Article 12 of the Convention; | ||
“Irish ship” shall be construed in accordance with section 9 of the Mercantile Marine Act 1955 . |