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STATUTORY INSTRUMENTS.
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S.I. No. 16
of 1999.
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OIL POLLUTION OF THE SEA (CIVIL LIABILITY
AND COMPENSATION) (ANNUAL RETURNS AND CONTRIBUTIONS) REGULATIONS, 1999
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S.I. No. 16 of 1999.
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OIL POLLUTION OF THE SEA (CIVIL LIABILITY
AND COMPENSATION) (ANNUAL RETURNS AND CONTRIBUTIONS) REGULATIONS, 1999
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I, MICHAEL WOODS, Minister
for the Marine and Natural Resources, in exercise of the powers conferred on
me by section 19 (as amended by paragraph 4 of the Second Schedule to the Sea
Pollution Act, 1991 (No. 27 of 1991) and section 9 of the Oil Pollution of
the Sea (Civil Liability and Compensation) (Amendment) Act, 1998 ( No. 13 of
1998 )) of the Oil Pollution of the Sea (Civil Liability and Compensation)
Act, 1988 (No. 11 of 1988) , hereby make the following Regulations:
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1. These Regulations, may
be cited as the Oil Pollution of the Sea (Civil Liability and Compensation)
(Annual Returns and Contributions) Regulations, 1999.
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2. In these Regulations,
“section 19” means section 19 of the Oil Pollution of the Sea (Civil
Liability and Compensation) Act, 1988 ( No. 11 of 1988 ) (as amended by
paragraph 4 of the Schedule to the Sea Pollution Act, 1991 (No. 27 of 1991)
, and section 9 of the Oil Pollution of the Sea (Civil Liability and
Compensation) Act, 1998 (No. 13 of 1998) ).
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3. (1) All persons who in
any year receive in harbours, terminal installations or offshore terminals,
in the State, crude oil or fuel oil are hereby prescribed for the purposes
of subsection (1) of section 19.
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(2) All annual returns of
crude oil or fuel oil to which subsection (1) of section 19 applies shall be
submitted not later than the 31st day of January in the year immediately
following the year to which the returns relate, and shall be in the form set
out in the Schedule to these Regulations.
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(3) The following persons
are hereby prescribed for the purpose of subsection (2) of section 19, that
is to say:
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(a) any person who in any year receives
in harbours, terminal installations or offshore terminals, in the State,
amounts of crude oil or fuel oil the aggregate of which exceed 150,000
tonnes, and
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(b) any person who in any year receives
in harbours, terminal installations or offshore terminals, in the State,
amounts of crude oil or fuel oil, where the aggregate of those amounts and
such amounts of crude oil or fuel oil as are received in the same year by a
company in which he has a controlling interest or (where the person is a
company) a related company, in harbours, terminal installations or offshore
terminals in the State, exceeds 150,000 tonnes.
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(4) Sums determined under
subsection (2) of section 19 in accordance with returns submitted to the
Minister under subsection (1) of that section, shall be paid not later than
the 1st day of February in the year immediately following the year to which
the returns concerned relate.
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4. (1) In these
Regulations—
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“company” has the same meaning as it has in section
155 of the Companies Act, 1963 ( No. 33 of 1963 );
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“holding company” means a holding company
within the meaning of the said section 155;
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“related company” in relation to a company,
means the holding company or a subsidiary of that company, or a company that
is a subsidiary of the first-mentioned company's holding company;
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“subsidiary” means a subsidiary within the
meaning of the said section 155;
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(2) In these Regulations,
a person has a controlling interest in a company if circumstances exist
whereby, were that person a company, the first-mentioned company would be
that company's subsidiary.
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5. The Oil Pollution of
the Sea (Annual Returns and Contributions in respect of Compensation Fund)
Regulations, 1992 ( S.I. No. 402 of 1992 ), are hereby revoked.
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SCHEDULE
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Return
under section 19(1) of Oil Pollution of the Sea (Civil Liability and
Compensation) Act, 1988.
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Name:
............................................................ ............................................................ ...........................................................
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Return in respect of the year
............................................................ ............................................................ ..........................
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............................................................ ............................................................ ............................................................ ..........
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Name of person receiving crude oil or fuel oil
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Date of receipt of crude oil or fuel oil
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Name of harbour, terminal installation or offshore
terminal at which received
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Volume of crude oil or fuel oil received
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(Signature of person who received oil, or in the case of a company,
signature of secretary or director of company together with company seal)
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............................................................ ............................................................ ............................................................ ..........
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Date:
............................................................ ............................................................ ............................................................ .
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GIVEN under my Official Seal, this
28th day of January, 1999.
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MICHAEL WOODS,
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Minister for the Marine and Natural Resources.
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EXPLANATORY NOTE.
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(This note is not part
of the Instrument and does not purport to be a legal interpretation).
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These Regulations provide
that persons who receive more than 150,000 tonnes of crude or fuel oil each
year must make an annual return to that effect to the Minister for the
Marine and Natural Resources and pay pro-rata annual contributions to the
International Oil Pollution Compensation Fund, 1992. The Fund's purpose is
to provide compensation to victims of oil pollution damage.
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