S.I. No. 605 of 2006 .

SEA POLLUTION (MISCELLANEOUS PROVISIONS) ACT 2006 (COMMENCEMENT) ORDER 2006

I, MARTIN CULLEN, Minister for Transport, in exercise of the powers conferred on me by section 1(2) of the Sea Pollution (Miscellaneous Provisions) Act 2006 (No. 29 of 2006), hereby order as follows:

1.  This Order may be cited as the Sea Pollution (Miscellaneous Provisions) Act 2006 (Commencement) Order 2006.

2.  The 8th day of December 2006 is appointed as the day on which Part 1, Part 3 (other than sections 20 to 33, the second, third and fourth definitions in section 34 (c), and section 35) and Part 4 of the Sea Pollution (Miscellaneous Provisions) Act 2006 (No. 29 of 2006) come into operation.

3.  The 14^th day of June 2007 is appointed as the day on which sections 20 to 33, the second, third and fourth definitions in section 34 (c), and section 35 of the Sea Pollution (Miscellaneous Provisions) Act 2006 (No. 29 of 2006) come into operation.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This order provides for the commencement of Part 1, Part 3 and Part 4 of the Sea Pollution (Miscellaneous Provisions) Act 2006 .

The Sea Pollution (Miscellaneous Provisions) Act 2006 amends the Sea Pollution Acts 1991 to 1999 to give effect to a number of instruments which have been agreed at the International Maritime Organisation relating to the protection of the marine environment.

Part 3 (sections 20 to 33, the second, third and fourth definitions in section 34 (c), and section 35) gives effect to the Protocol to the International Convention on Oil Pollution Preparedness, Response and Co-Operation 1990 (OPRC)

Part 3 (other than those sections listed above) updates our legislation in relation to the International Convention on the control of Harmful Anti-Fouling Systems 2001 (AFS Convention), Annex VI as added to the International Convention on the Prevention of Pollution from Ships (MARPOL) by the Protocol of 1997, and the International Convention for the Control and Management of Ships' Ballast Water and Sediments 2004 (BWM Convention).

Part 4 amends the Harbours Act 1996 (No. 11 of 1996) to provide that port companies and harbour authorities shall enjoy immunity from proceedings for the recovery of damages in respect of injury to persons, damage to property or other loss alleged to have been caused by a failure to perform or to comply with any of their functions with regard to the licensing of the storage of petroleum spirit under the Dangerous Substances Act 1972 (No. 10 of 1972).