The disposal of waste and rubbish by vessels in Ireland, including fishing trawlers, is governed by the International Maritime Organization's (IMO’s) International Convention for the Prevention of Pollution from Ships (MARPOL 73/78), notably Annex V Prevention of Pollution by Garbage from Ships. The Sea Pollution Act 1991 is Ireland’s principal legislation derived from MARPOL for preventing and detecting illegal discharges from ships. It gives the State extensive powers to monitor, inspect, and enforce compliance with IMO MARPOL pollution standards. MARPOL Annex V is implemented in Irish law through S.I. No. 372/2012 - Sea Pollution (Prevention of Pollution by Garbage from Ships) Regulations 2012.
The Sea Pollution Act 1991 also includes provision for the Minister to require any harbour authority—or any person responsible for a harbour—to provide adequate facilities for the discharge and disposal of oily residues, oily mixtures, noxious liquid substances, harmful substances, sewage, and garbage. In addition, Directive (EU) 2019/883 of the European Parliament and of the Council and its implementing legislation in Ireland (S.I No. 351 of 2022 European Union relating to port reception facilities for the delivery of waste from ships) ensures that waste from ships is delivered to European Union ports, where it is collected by adequate port reception facilities.
Monitoring and enforcement measures arise from MARPOL 73/78, the Sea Pollution Act 1991, and EU measures related to ship-source pollution. The Marine Survey Office, a division of the Department, enforces Ireland’s maritime pollution laws by inspecting ships, checking compliance with MARPOL, and taking enforcement action to prevent and respond to illegal discharges.
Section 10 of the Sea Pollution Act 1991 prohibits the discharge anywhere at sea from a ship registered in the State or the discharge in the State from any ship of any oil, oily mixture, noxious liquid substance, harmful substance, sewage or garbage, and if there is a contravention of regulations under this section, the owner and the master of a ship shall be guilty of an offence. Under Section 29 of that Act a person who commits an offence under the Act shall be liable—
(a) on summary conviction, to a fine not exceeding £1,000, or to imprisonment for any term not exceeding twelve months, or, at the discretion of the court, to both such fine and such imprisonment, or
(b) on conviction on indictment, to a fine not exceeding £10,000,000, or to imprisonment for any term not exceeding 5 years, or, at the discretion of the court, to both such fine and such imprisonment.
S.I No. 351 of 2022 European Union (port reception facilities for the delivery of waste from ships) requires ships to notify ports in advance of the waste they carry, discharge all waste at port reception facilities before departing, and keep and report waste-delivery documentation, while port authorities must ensure that adequate waste-reception facilities are available and properly managed. Under these Regulations, offences related to waste notifications, delivery and documentation can result in fixed-payment fines of €150, €500 or €1,000, or, if prosecuted in court, class A, B or C fines depending on the breach.
S.I. No. 372/2012 - Sea Pollution (Prevention of Pollution by Garbage from Ships) Regulations 2012 prohibit and control the disposal of garbage into the sea in accordance with the type of garbage for disposal and the geographical location of the ship. They apply to all Irish flagged ships wherever they may be and to all other ships when they are in the territorial seas and inland waters of the State. These regulations also provide for the availability of adequate facilities at ports and terminals for the reception of garbage. Under these Regulations, ships are required to have a Garbage Management Plan that the crew must follow. Ships are also required to provide a Garbage Record Book in which all garbage discharges, incinerations, and any accidental losses are recorded.
An inspector or other officer duly appointed by the Minister may inspect the Garbage Record Books or ship’s official logbook on board any ship to which this Regulation applies while the ship is in a port or offshore terminal. Under the Sea Pollution Act 1991, Part III – Enforcement, the State also has clear authority to detain a ship where an inspector finds grounds to believe the Act or its regulations (including S.I. No. 372/2012 on garbage management and record-keeping) have been breached. There are no recent prosecutions to report.
