34Definitions etc.

34 Definitions etc.

(1) In this Part—

S. 34(1) def. of agent amended by No. 82/1995 s. 154(8)(a).

agent, in relation to a vessel, means any person who performs for or on behalf of the owner of the vessel any function or duty under or for the purposes of this Act and includes any person who, within the State, on behalf of the owner of the vessel, undertakes or performs the functions of ships' husbandry or makes any arrangements for or in connection with the repair or berthing of the vessel or the carriage, loading or unloading of cargo, stores or bunkers on the vessel or from the vessel;

S. 34(1) def. of appropriate authority amended by Nos 82/1995 s. 154(8)(b), 77/2001 s. 31(1)(h), 66/2012 s. 20.

appropriate authority means the Secretary;

discharge means any discharge or escape, howsoever caused;

occupier—

(a) in relation to a place on land, means the person exercising personally or through servants or agents, any right of occupation of the land or, if there is no such person, the owner of the land; and

(b) in relation to a vehicle, includes the person in charge of the vehicle and the owner of the vehicle but does not include the occupier of the land on or over which the vehicle stands or moves; and

(c) in relation to a pipeline, means the person who undertakes the carriage of oil or an oily mixture by means of the pipeline;

oil and oily mixture have the same meanings as in Division 1 of Part 2 of the Pollution of Waters by Oil and Noxious Substances Act 1986;

oil residues means those parts of an oily mixture that remain after undergoing a separation process;

place on land includes—

(a) any structure or apparatus on land; and

(b) anything or vehicle resting on or moving over land; and

(c) anything resting on or lying under the bed, shore or bank of any navigable waters; and

(d) anything afloat (other than a vessel) if it is anchored or attached to the bed, shore or bank of any navigable waters or is used in any operation for the exploration of the sea-bed and sub-soil or the exploitation of the natural resources of the sea-bed and sub-soil;

prohibited discharge means a discharge into State waters of—