27. Natural Resources

Updated to 11 September 2020

Click on triangular bullet points to see more detail.
show subtitles hide subtitles show all acts hide all acts

27.1. Coastal Protection

Finance 1
  • none
12/1963
1 Responsibility under ss. 6, 7, 10, 16, 18, 19, 22, 23, 27 and 28 transferred to Public Expenditure and Reform by S.I. No. 418 of 2011.

27.2. Continental Shelf

Comms 14/1968
2 The enabling provision is Continental Shelf Act 1968 (14/1968), s. 6(1). This was substituted by Energy (Miscellaneous Provisions) Act 1995 (35/1995), s. 5(3); commenced on enactment. This does not appear to have affected this SI.
3 Ibid.

27.3. Curragh of Kildare

Defence 35/1961
Defence
  • none
13/1969

27.4. Fisheries

27.4.1. Inland Fisheries

Comms 10/2010
Comms
  • none
4/1935
Comms
  • none
7/1938
Comms 14/1959
Comms 44/1961
Comms 31/1962
Comms
  • none
23/1964
Comms
  • none
13/1976
Comms
  • none
23/1976
Comms 1/1980
Comms 2/1983
Comms
  • none
14/1987
Comms 32/1987
Comms 26/1991
Comms 23/1994
Comms 27/1995
Comms
  • none
1/1997
Comms 35/1999
Comms 17/2007
Comms 16/2017
4 Repealed Fisheries (Amendment) Act 2000 (34/2000): see ss. 4 and 5 of 2010 Act and S.I. No. 262 of 2010.
5 The enabling provision is Fisheries (Consolidation) Act 1959 (14/1959), s. 9. This was repealed by Inland Fisheries Act 2010 (10/2010), s. 4 and sch. 1, but these regulations were carried forward by s. 57(9): Any bye-law made under section 9 (repealed by section 4) of the Principal Act which is in force immediately before the establishment day continues in force as if made under this section.
6 This SI appears to be obsolete and should be revoked.
7 Ibid.
8 The enabling Act is repealed by Fisheries (Consolidation) Act 1959 (14/1959), s. 5. SIs in force at the time of enactment are continued in force by s. 334 of the 1959 Act, and the SIs listed below up to 1959 are continued in this way.
9 Ibid. This SI appears to be obsolete and should be revoked.
10 Ibid. This SI appears to be obsolete and should be revoked.
11 Ibid. This SI appears to be obsolete and should be revoked.
12 The enabling provision is Fisheries (Tidal Waters) Act 1934 (24/1934), s. 8, repealed by Fisheries Consolidation Act 1959 (14/1959), s. 5 and sch. 1. In force regulations were continued in force and deemed to have been made under the corresponding provision of the 1959 Act by s. 334.
13 The enabling provision is Fisheries Consolidation Act 1959 (14/1959), s. 74. This was amended by Inland Fisheries Act 2010 (10/2010), s. 8(3)(a) but the statutory authority for these regulations appears to remain in force. However, as there have been numerous other SIs that alter licence duties, the SI is obsolete and should be revoked.
14 Ibid.
15 Ibid.
16 Ibid.
17 Ibid.
18 Ibid.
19 Ibid.
20 Ibid.
21 Ibid.
22 The enabling provision is Fisheries Consolidation Act 1959 (14/1959), s. 68. Section 68(3) is deleted by Fisheries (Amendment) (No. 2) Act 1987 (32/1987), and other parts of s. 68 are amended. It is unclear if these amendments remove the enabling authority for the SI. However there have been numerous later SIs which alter licence duties, and this SI is obsolete and should be revoked.
23 The enabling provision is Fisheries Consolidation Act 1959 (14/1959), s. 74. This was amended by Inland Fisheries Act 2010 (10/2010), s. 8(3)(a) but the statutory authority for these regulations appears to remain in force. However, as there have been numerous other SIs that alter licence duties, the SI is obsolete and should be revoked.
24 The enabling provision is Fisheries Consolidation Act 1959 (14/1959), s. 68. Section 68(3) is deleted by Fisheries (Amendment) (No. 2) Act 1987 (32/1987), and other parts of s. 68 are amended. It is unclear if these amendments remove the enabling authority for the SI. However there have been numerous later SIs which alter licence duties, and this SI is obsolete and should be revoked.
25 The enabling provision is Fisheries Consolidation Act 1959 (14/1959), s. 74. This was amended by Inland Fisheries Act 2010 (10/2010), s. 8(3)(a) but the statutory authority for these regulations appears to remain in force. However, as there have been numerous other SIs that alter licence duties, the SI is obsolete and should be revoked.
26 The enabling provision is Fisheries Consolidation Act 1959 (14/1959), s. 68. Section 68(3) is deleted by Fisheries (Amendment) (No. 2) Act 1987 (32/1987), and other parts of s. 68 are amended. It is unclear if these amendments remove the enabling authority for the SI. However there have been numerous later SIs which alter licence duties, and this SI is obsolete and should be revoked.
27 The enabling provision is Fisheries Consolidation Act 1959 (14/1959), s. 74. This was amended by Inland Fisheries Act 2010 (10/2010), s. 8(3)(a) but the statutory authority for these regulations appears to remain in force. However, as there have been numerous other SIs that alter licence duties, the SI is obsolete and should be revoked.
28 The enabling provision is Fisheries Consolidation Act 1959 (14/1959), s. 68. Section 68(3) is deleted by Fisheries (Amendment) (No. 2) Act 1987 (32/1987), and other parts of s. 68 are amended. It is unclear if these amendments remove the enabling authority for the SI. However there have been numerous later SIs which alter licence duties, and this SI is obsolete and should be revoked.
29 The enabling provision is Fisheries Consolidation Act 1959 (14/1959), s. 74. This was amended by Inland Fisheries Act 2010 (10/2010), s. 8(3)(a) but the statutory authority for these regulations appears to remain in force. However, as there have been numerous other SIs that alter licence duties, the SI is obsolete and should be revoked.
30 Ibid.
31 Ibid.
32 Ibid.
33 Ibid.
34 Ibid.
35 The enabling provision is Fisheries Consolidation Act 1959 (14/1959), s. 68. Section 68(3) is deleted by Fisheries (Amendment) (No. 2) Act 1987 (32/1987), and other parts of s. 68 are amended. It is unclear if these amendments remove the enabling authority for the SI. However there have been numerous later SIs which alter licence duties, and this SI is obsolete and should be revoked.
36 This SI provides for refunds in certain circumstances; however the application for a refund must have been made in 1991 and it appears to be obsolete and should be revoked.
37 The enabling provision is Fisheries Consolidation Act 1959 (14/1959), s. 68. Section 68(3) is deleted by Fisheries (Amendment) (No. 2) Act 1987 (32/1987), and other parts of s. 68 are amended. It is unclear if these amendments remove the enabling authority for the SI. However there have been numerous later SIs which alter licence duties, and this SI is obsolete and should be revoked.
38 The enabling provision is Fisheries Consolidation Act 1959 (14/1959), s. 74. This was amended by Inland Fisheries Act 2010 (10/2010), s. 8(3)(a) but the statutory authority for these regulations appears to remain in force. However, as there have been numerous other SIs that alter licence duties, the SI is obsolete and should be revoked.
39 The enabling provision is Fisheries Consolidation Act 1959 (14/1959), s. 68. Section 68(3) is deleted by Fisheries (Amendment) (No. 2) Act 1987 (32/1987), and other parts of s. 68 are amended. It is unclear if these amendments remove the enabling authority for the SI. However there have been numerous later SIs which alter licence duties, and this SI is obsolete and should be revoked.
40 The enabling provision is Fisheries Consolidation Act 1959 (14/1959), s. 74. This was amended by Inland Fisheries Act 2010 (10/2010), s. 8(3)(a) but the statutory authority for these regulations appears to remain in force. However, as there have been numerous other SIs that alter licence duties, the SI is obsolete and should be revoked.
41 This SI appears to be obsolete as it sets the fees for licences in 2010 only. The provisions of this SI for 2012 appear to be in Control of Fishing for Salmon Order 2012 (S.I. No. 80 of 2012).
42 The enabling provision is Fisheries Act 1980 (1/1980), s. 42. This was repealed by Inland Fisheries Act 2010 (10/2010), s. 4; s. 51 of that Act transfers all property that was vested in the Central Fisheries Board to the Inland Fisheries Ireland. This SI vests certain fisheries in the now dissolved Central Fisheries Board, but the effect of the SI appears to remain. It appears now to be obsolete and could be revoked.
43 The enabling provision is Fisheries Act 1980 (1/1980), s. 55A, which remains in force. However, a draft report by Standing Scientific Committee on Salmon to Inland Fisheries Ireland (2012) entitled The Status of Irish Salmon Stocks in 2011 and Precautionary Catch Advice for 2012 states (Executive Summary): In 2008, the National Salmon Commission was dissolved but the Standing Scientific Committee was retained by the Department of Communications, Energy and Natural Resources with the same terms of reference. In 2010, the Standing Scientific Committee on Salmon (SSCS) was re-established under Section 7.5 (a) and (b) of the 2010 Inland Fisheries Act ... The SI appears to be obsolete and should be revoked.
44 Ibid.
45 Ibid.
46 This SI is spent as of 31 December 1998 and should be revoked.
47 This SI is spent as of 31 December 1999 and should be revoked.
48

The substantive provisions of this Act are repealed, leaving only ss. 1 (Interpretation) and 9 (Short title, collective citation and construction).  It should be repealed.

49 This SI is a commencement order for s. 23 which was repealed by Inland Fisheries Act 2010 (10/2010), s. 4 and sch. 1. It is obsolete and should be revoked.
50 The enabling provision (s. 7) was repealed by Inland Fisheries Act 2010 (10/2010), s. 4 and sch. 1. This SI should be revoked.

27.4.2. Sea Fisheries and Fishery Harbours

Gaeltacht 51 4/1937
Agric 5/1952
Agric 7/1952
Agric
  • none
17/1955
Agric
  • none
30/1956
Agric
  • none
28/1959
Agric
  • none
21/1963
Agric
  • none
8/1970
Agric
  • none
30/1974
Agric
  • none
22/1980
Agric
  • none
12/1982
Agric 23/1997
Agric
  • none
54/1998
Agric
  • none
40/2001
Agric 21/2003
Agric 9/2019
51 S.I. No. 192 of 2011 and S.I. No. 220 of 2011.

27.5. Foreshore 52

52 The effect of the Foreshore and Dumping at Sea (Amendment) Act 2009 and the Foreshore (Amendment) Act 2011 is that most foreshore functions were transferred to Department of the Environment. Department of Agriculture, Fisheries and the Marine retains foreshore functions in relation to: (a) designated fishery harbour centres; (b) activities which are wholly or primarily for the use, development or support of aquaculture and (c) activities wholly or primarily for the use, development or support of sea-fishing including the processing and sale of sea-fish and manufacture of products derived from sea-fish.
Local Gov 12/1933
Local Gov
  • none
17/1992
Local Gov
  • none
54/1998
Local Gov
  • none
39/2009
Local Gov
  • none
11/2011

27.6. Forestry

Agric 13/1946
Agric 26/1988
Agric
  • none
40/2009
Agric 57 31/2014
53 Repealed by Forestry Act 2014 (31/2014), repeal not commenced.
54 Part III (ss. 12-34) of the Forestry Act 1946 was repealed by Wildlife (Amendment) Act 2000 (38/2000) ss. 2, 5(a), commenced by S.I. No. 371 of 2001. The enabling provision for the regulations, s. 5, remains in force but their subject matter is repealed. This SI is probably obsolete.
55 Ibid.
56 Ibid.
57 Functions under s. 5(1)(p), (2) transferred from Environment, Community and Local Government to Communications, Energy and Natural Resources (22.07.2016) by S.I. No. 393 of 2016. See S.I. Nos. 394 and 421 for changed names of Departments.
58 Repeals Forestry Act 1946 (13/1946), when commenced. Subject to commencement, it also appears to cause Forestry Act 1956 (6/1956) to cease to have effect, as the 1956 Act's provisions amended or were dependent on actions taken under the 1946 Act.

27.7. Marine Institute

Agric 2/1991

27.8. Minerals Development, Including Smelting

Comms 31/1940
Comms 13/1941
Comms
  • none
7/1945
Comms
  • none
35/1947
Comms
  • none
5/1950
Comms
  • none
7/1960
Enterprise
  • none
5/1968
Comms
  • none
4/1977
Comms 12/1979
Comms 15/1995
Comms
  • none
21/1999
Comms
  • none
15/2017
Comms
  • none
23/2017
59

Repealed by Minerals Development Act 2017 (23/2017), s. 238(1)(a), subject to commencement order.

60

Repealed by Minerals Development Act 2017 (23/2017), s. 238(1)(e)(i), subject to commencement order.

61

Repealed by Minerals Development Act 2017 (23/2017), s. 238(1)(e)(ii), subject to commencement order.

62

Repealed by Minerals Development Act 2017 (23/2017), s. 238(1)(e)(iii), subject to commencement order.

63

Repealed by Minerals Development Act 2017 (23/2017), s. 238(1)(e)(iv), subject to commencement order.

64

Repealed by Minerals Development Act 2017 (23/2017), s. 238(1)(c), subject to commencement order.  On repeal S.I. No. 259 of 1996 will become obsolete and should be revoked.

65

Repealed by Minerals Development Act 2017 (23/2017), s. 238(1)(d), subject to commencement order.

27.9. Rivers

27.9.1. Arterial Drainage

Finance
  • none
46/1924
Finance
  • none
33/1925
Finance
  • none
3/1926
Finance 66
  • none
26/1927
Finance
  • none
30/1933
Finance
  • none
23/1928
Finance
  • none
18/1929
Finance
  • none
13/1943
Finance
  • none
3/1945
Comms 15/1950
Finance
  • none
14/1995
66 Functions under s. 16(3) transferred to Minister for Local Government (now Environment) by S.R.& O. No. 41 of 1947.
67 Note Waterways Ireland role.

27.9.2. Inland Navigation

Gaeltacht 68 3/1986
Transport 37/1945
Gaeltacht 74 20/1990
Gaeltacht 2 & 3 Vict., c. 61
Gaeltacht
  • none
15/2018
68 See S.I. No. 195 of 2011 and S.I. No. 220 of 2011.
69 The enabling provision (Transport Act 1944, s. 99) was repealed by Canals Act 1986 (3/1986), s. 18 and sch. 3. There is a possibility that this SI has been continued by Canals Act 1986, s. 2(3)(c), which reads: Every other document granted or made by the Board in relation to the canal undertaking which is in force immediately before the vesting day shall continue in force on and after the vesting day as if it had been granted or made by the Commissioners and shall be construed and have effect and be enforceable by or against the Commissioners accordingly. However, the SI is probably obsolete and could be revoked.
70 The enabling provision (Railway and Canal Traffic Act 1888, s. 45) was repealed by Canals Act 1986 (3/1986), s. 18 and sch. 3. There is a possibility that this SI has been continued by Canals Act 1986, s. 2(3)(c), see footnote above. However, the SI is probably obsolete and could be revoked.
71 Ibid.
72 Ibid.
73 There is a possibility that this SI has been continued by s. 2(3)(c) of the Canals Act 1986 (3/1986), s. 2(3)(c) which reads: Every other document granted or made by the Board in relation to the canal undertaking which is in force immediately before the vesting day shall continue in force on and after the vesting day as if it had been granted or made by the Commissioners and shall be construed and have effect and be enforceable by or against the Commissioners accordingly. However, the purpose of the SI has presumably been achieved by now, over 30 years later, and the SI could be revoked.
74 See S.I. No. 195 of 2011 and S.I. No. 220 of 2011.
75 Spent on expiry, this SI should be revoked.
76 Ibid.

27.10. Water Services

27.10.1. General

Local Gov 30/2007
Local Gov 2/2012
Local Gov 6/2013
Local Gov 50/2013
Local Gov 44/2014
Local Gov
  • none
7/2016
Comms
  • none
54/1936
Local Gov 1/1942
Local Gov 29/2017
77 Repealed Local Government (Delimitation of Water Supply Disconnection Powers) Act 1995 (18/1995).

27.10.2. Flouridation of Water Supplies

Health 46/1960

27.11. ECA Section 3 Statutory Instruments

Foreign 27/1972
78

Rendered obsolete by revocation of S.I. No. 253 of 1996.

79

Rendered obsolete by revocation of S.I. No. 253 of 1996.

80

Rendered obsolete by revocation of S.I. No. 253 of 1996.

81

Rendered obsolete by revocation of S.I. No. 253 of 1996.