1.7 Maritime Safety Act 2005 (No. 11 of 2005), as amended

A member of the Garda Síochána who reasonably suspects that a person is committing or has committed an offence under Part 2 of the Maritime Safety Act 2005 or section 23 or 24 of that Act involving careless or dangerous navigation or operation of a craft may arrest without warrant the person.

craft, to outlaw reckless behaviour in operating or on board vessels and to promote good practice in operating vessels generally. The Act also updates safety regulation-making provisions for passenger boats, fishing vessels and pleasure craft, and updates penalty and other provisions of certain related Acts.

The main provisions of the Act which affect recreational craft are as follows:

The Local Government Management Agency website provides links to the individual websites for each local authority area – https://www.lgma. ie/en/irish-local-government/. It is recommended that checks are made with the relevant local authority for information on the beach bye-laws that may apply in that county.

Part 2 Personal Watercraft and Recreational Craft

The main provisions of this Part are:

▪Clear powers for local authorities,

Waterways Ireland, harbour companies, Iarnród Éireann and, in respect of the six fishery harbour centres, the Minister for Agriculture, Food and the Marine, to make byelaws to regulate and control the use of jet skis and other fast powered recreational craft.

Part 3 Prohibitions relating to Vessels – Codes of Practice for the Safe Operation of Vessels

The main provisions of this Part address:

▪The appointment by local authorities,

Waterways Ireland, harbour companies, Iarnród Éireann and, in respect of the six fishery harbour centres, the Minister for Agriculture, Food and the Marine, of authorised persons to enforce the provisions of the Act. The Garda Síochána also play a key role in enforcement.

▪the prohibition of the use of

“unseaworthy” vessels in or on any waters ▪a prohibition on careless or

dangerous navigation or operation of vessels ▪prohibitions on the operation of a

vessel while under the influence of alcohol or drugs or any combination of drugs or drugs and alcohol ▪actions arising from drunkenness,

▪The seizure, detention and forfeiture

of craft involved in serious offences and the disqualification of serious offenders from operating the craft in question in the interest of public safety and heritage protection.

disruptive behaviour, etc., of persons on board a vessel ▪a prohibition on endangering

▪Fines of up to €2,000 on

vessels or the safety of persons on board leading, on summary conviction, to a fine of up to €5,000

summary conviction for bye-law contraventions.

or to imprisonment for a term not exceeding 6 months, or both, or on conviction on indictment to a fine not exceeding €100,000 or to imprisonment for a term not exceeding 2 years or both ▪the preparation and publication of

and wreck. The Act sets out the roles and responsibilities of various participants in salvage and wreck situations. The Department of Transport has the lead policy role under the Act. Operational responsibility for the area lies with the Revenue Commissioners whose role is to deal with any wreck found in or on shores of the sea or any tidal water or harbour.

Codes of Practice to promote the proper and safe operation of vessels.

Part 4 Safety Regulations – Passenger Boats, Fishing Vessels and Pleasure Craft

▪Where vessels are in distress, the

Irish Coast Guard and Harbour Masters are authorised under the Act to take steps to save lives onboard the vessel, including the vessel and cargo. In accordance with the Act and in certain circumstances involving a wreck, the harbour authority, local authority and Irish Lights have responsibilities under the threat of pollution or danger to navigation.

▪The main provisions of this Part,

as amended, update and restate Ministerial regulation-making provisions dating from 1992 in relation to passenger boats, fishing vessels and pleasure craft.

Part 5 Amendment of Certain Enactments

This Part updates the offences, enforcement and penalty provisions in a number of related Acts, including those relating to fixed payment notices (“on-the-spot-fines”).

▪Any ship-wreck or related material,

including cargo, regardless of how small, that is found in Irish territorial waters up to the twelve mile limit or outside Ireland, and brought within Irish territorial waters must, by law, be reported to a Receiver of Wreck. More information, including the list of Receivers, can be found at www.revenue.ie (https://www. revenue.ie/en/customs/businesses/ rules-reporting-aviation-marine/ receivers-of-wreck/index.aspx)

Part 6 Provisions relating to the foreshore and to foreshore and aquaculture licences

Part 6 amends certain provisions in the Foreshore Acts.

1.8 Other legislation and considerations

1.8.1 Merchant Shipping (Salvage and Wreck) Act 1993 – Wrecks and stranded vessels

▪If salvaged cargo is brought into

the State, the role of the Receiver of Wreck is to receive the wreck, secure it, notify relevant parties in line with the provisions of the Act and seek to find any party with a legitimate claim to it.

▪The Merchant Shipping (Salvage and

Wreck) Act 1993 is the principal Irish legislation governing salvage