Foreshore Act 1933


Number 12 of 1933


FORESHORE ACT 1933

REVISED

Updated to 26 July 2017


This Revised Act is an administrative consolidation of the Foreshore Act 1933. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including National Shared Services Office Act 2017 (26/2017), enacted 26 July 2017, and all statutory instruments up to and including Appointment of Special Adviser (Minister for Rural and Community Development) Order 2017 (S.I. No. 388 of 2017), made 26 July 2017, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 12 of 1933


FORESHORE ACT 1933

REVISED

Updated to 26 July 2017


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was first passed.

Related legislation

Foreshore Acts 1933 to 2014 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Local Government Reform Act 2014, s. 1(13)). The Acts in the group are:

Foreshore Act 1933 (12/1933)

Foreshore (Amendment) Act 1992 (17/1992)

Fisheries and Foreshore (Amendment) Act 1998 (54/1998), s. 5 and ss. 1 and 7 in so far as they relate to s. 5

Fisheries (Amendment) Act 2003 (21/2003), s. 32 and s. 2 in so far as it relates to s. 32

Maritime Safety Act 2005 (11/2005), Part 6

Foyle and Carlingford Fisheries Act 2007 (17/2007), s. 35

Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009), other than s. 1(3) and (5), Part 3 and sch. 2

Foreshore (Amendment) Act 2011 (11/2011)

Local Government Reform Act 2014 (1/2014), s. 1(13), amendments to Foreshore (Amendment) Act 1992 provided for in s. 5(6) and sch. 2 part 6

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1993, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Minerals Development Act 2017 (23/2017)

Water Services (No. 2) Act 2013 (50/2013)

Environment (Miscellaneous Provisions) Act 2011 (20/2011)

Foreshore (Amendment) Act 2011 (11/2011)

Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009)

Foyle and Carlingford Fisheries Act 2007 (17/2007)

Planning and Development (Strategic Infrastructure) Act 2006 (27/2006)

Maritime Safety Act 2005 (11/2005)

Fisheries (Amendment) Act 2003 (21/2003)

Planning and Development Act 2000 (30/2000)

Fisheries and Foreshore (Amendment) Act 1998 (54/1998)

Fisheries (Amendment) Act 1997 (23/1997)

Waste Management Act 1996 (10/1996)

Foreshore (Amendment) Act 1992 (17/1992)

Minerals Development Act 1940 (31/1940)

All Acts up to and including National Shared Services Office Act 2017 (26/2017), enacted 26 July 2017, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

European Union (Environmental Impact Assessment and Appropriate Assessment) (Foreshore) Regulations 2014 (S.I. No. 544 of 2014)

European Union (Access to Review of Decisions for Certain Bodies or Organisations promoting Environmental Protection) Regulations 2014 (S.I. No. 352 of 2014)

European Union (Environmental Impact Assessment) (Foreshore) Regulations 2012 (S.I. No. 433 of 2012)

European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

Foreshore Regulations 2011 (S.I. No. 353 of 2011)

European Communities (Public Participation) Regulations 2010 (S.I. No. 352 of 2010)

European Communities (Foreshore) Regulations 2009 (S.I. No. 404 of 2009)

European Communities Environmental Objectives (Surface Waters) Regulations 2009 (S.I. No. 272 of 2009)

Sea Fisheries, Foreshore and Dumping at Sea (Transfer of Departmental Administration and Ministerial Functions) Order 2007 (S.I. No. 707 of 2007)

Waste Water Discharge (Authorisation) Regulations 2007 (S.I. No. 684 of 2007)

European Communities (Environmental Impact Assessment) (Amendment) Regulations 1999 (S.I. No. 93 of 1999)

European Communities (Environmental Impact Assessment) (Amendment) Regulations 1998 (S.I. No. 351 of 1998)

European Communities (Natural Habitats) Regulations 1997 (S.I. No. 94 of 1997)

Foreshore (Environmental Impact Assessment) Regulations 1990 (S.I. No. 220 of 1990)

European Communities (Environmental Impact Assessment) Regulations 1989 (S.I. No. 349 of 1989)

Communications (Transfer of Departmental Administration and Ministerial Functions) Order 1987 (S.I. No. 91 of 1987)

Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order 1959 (S.I. No. 125 of 1959)

Foreshore Act 1933 Prohibitory Order (No. 2) 1950 (S.I. No. 175 of 1950)

Foreshore Act 1933 Prohibitory Order (No. 1) 1950 (S.I. No. 116 of 1950)

All statutory instruments up to and including Appointment of Special Adviser (Minister for Rural and Community Development) Order 2017 (S.I. No. 388 of 2017), made 26 July 2017, were considered in the preparation of this revision.


Number 12 of 1933


FORESHORE ACT 1933

REVISED

Updated to 26 July 2017


ARRANGEMENT OF SECTIONS

Section

1.

Definitions.

1A.

Outer limit of foreshore.

1B.

Meaning assigned to ‘appropriate Minister’ in Foreshore Acts 1933 to 2009.

1C.

References to foreshore in Foreshore Acts 1933 to 2009.

1D.

2.

Power for Minister to make leases of foreshore.

3.

Power for Minister to grant licences of foreshore.

3A.

Provisions relating to certain leases, licences, etc.

3B.

Provisions relating to certain applications for lease, licence or consent.

3C.

Provisions relating to certain aquaculture licences.

4.

Surrenders, releases and waivers in respect of leases and licences.

5.

Power for Minister to acquire foreshore, etc.

6.

Order prohibiting removal of beach material from seashore.

7.

Notice prohibiting removal of beach material from foreshore.

8.

Regulations in respect of the public use of foreshore.

9.

Authorisation by Minister of sea defence works.

10.

Erection of structures on foreshore.

11.

Removal of dilapidated structures from foreshore.

12.

Structures unlawfully erected on State foreshore.

13.

Prohibition of deposit of material on foreshore.

13A.

Environmental impact assessment of certain proposals relating to the foreshore.

13B.

14.

Prohibition of deposit of noxious articles.

15.

Evidence of title to foreshore.

16.

Jurisdiction of the Circuit Court.

16A.

Provisions with respect to certain court proceedings.

17.

Notice to Minister of certain sales, etc., of foreshore.

18.

Public inquiries.

18A.

Regulations relating to the submission of observations by certain bodies.

19.

Notice of proposal or application for order, lease, or licence.

19A.

Procedure in regard to certain relevant applications.

19B.

Minister to have regard to certain matters in considering certain relevant applications.

19C.

Consultation with other Member States of European Communities.

20.

Laying of annual statement before the Oireachtas.

21.

Publication of orders under this Act.

21A.

Publication of notice of Minister‘s decision in relation to certain relevant applications.

21B.

22.

Financial provisions.

23.

Recovery of expenses of making orders.

24.

Exclusion of application of certain Acts.

25.

Repeals.

26.

Short title.

SCHEDULE


Acts Referred to

State Lands Act, 1924

No. 45 of 1924

Mines and Minerals Act, 1931

No. 54 of 1931


Number 12 of 1933


FORESHORE ACT 1933

REVISED

Updated to 26 July 2017


AN ACT TO MAKE PROVISION FOR THE GRANTING OF LEASES AND LICENCES IN RESPECT OF FORESHORE BELONGING TO SAORSTÁT EIREANN AND TO AMEND GENERALLY THE LAW RELATING TO FORESHORE AND THE SEASHORE. [30 th June, 1933.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

Annotations:

Modifications (not altering text):

C1

Application of collectively cited Foreshore Acts 1933 to 2011 affected (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), regs. 42(22), 63(2) and sch. 2, in effect as per reg. 1(3).

Screening for Appropriate Assessment and Appropriate Assessment of implications for European Sites

42. ...

(22) Notwithstanding any provision of any statute listed in the Second Schedule that provides for the consent for a plan or project to which this Regulation applies to be obtained by default on the failure of the public authority to provide a response within a specified timescale or otherwise, that provision shall not have effect in respect of any plan or project to which this Regulation applies.

...

General provisions regarding licences etc

63. ...

(2) A licence, consent, permission, permit, derogation or other authorisation given under these Regulations or under any of the enactments referred to in the Second Schedule may include conditions requiring compliance with any guideline or code of practice issued under Regulation 71 or such provisions thereof as may be specified in the conditions.

...

SECOND SCHEDULE

Number

Year

Short Title/Citation

...

...

...

...

...

Foreshore Acts 1933 to 2011

...

C2

Certain functions in relation to collectively cited Foreshore Acts 1933 to 2009 transferred (7.07.2011) by Foreshore (Amendment) Act 2011 (11/2011), s. 1, commenced on enactment, subject to transitional provisions in other sections of Act.

Transfer and vesting of certain foreshore functions.

1.— (1) Except as provided for by subsection (2), the functions, immediately before the passing of this Act, of the Minister for Agriculture, Fisheries and Food under the Foreshore Acts 1933 to 2009 are, on such passing, transferred to the Minister for the Environment, Community and Local Government and this subsection has effect for the purpose of vesting in the Minister for the Environment, Community and Local Government the functions so transferred.

(2) The following functions of the Minister for Agriculture, Fisheries and Food under the Foreshore Acts 1933 to 2009 remain with and continue to be functions of that Minister:

( a) any function in relation to a fishery harbour centre,

( b) any function in respect of—

(i) an activity which is wholly or primarily for the use, development or support of aquaculture, or

(ii) an activity which is 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.

(3) The administration and business in connection with the performance of any functions transferred to the Minister for the Environment, Community and Local Government from the Minister for Agriculture, Fisheries and Food by subsection (1) are, on the passing of this Act, transferred to the Department of the Environment, Community and Local Government.

C3

Certain functions under collectively cited Foreshore Acts 1933 to 2005 transferred (15.01.2010) by Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009), s. 3, commenced as per s. 1(4).

Transfer and vesting of certain foreshore functions.

3.— (1) Such of the functions, immediately before the commencement date, of the Minister for Agriculture, Fisheries and Food under the Foreshore Acts 1933 to 2005 to which this Part and Schedule 1 relate are, on that date, transferred to the Minister for the Environment, Heritage and Local Government in accordance with and to the extent provided for by this Part and that Schedule and those provisions have effect for the purpose of vesting in the Minister for the Environment, Heritage and Local Government the functions so transferred.

(2) The administration and business in connection with the performance of any functions transferred to the Minister for the Environment, Heritage and Local Government from the Minister for Agriculture, Fisheries and Food by subsection (1) are, on the commencement date, transferred to the Department of the Environment, Heritage and Local Government.

C4

Provision for additional foreshore functions to be vested in the Minister for the Environment, Heritage and Local Government made (15.01.2010) by Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009), s. 4, commenced as per s. 1(4).

Vesting of additional foreshore functions in Minister for the Environment, Heritage and Local Government, etc.

4.— (1) The functions of the Minister for the Environment, Heritage and Local Government and the Minister for Agriculture, Fisheries and Food under the Foreshore Acts 1933 to 2009 and to which section 1B (inserted by section 6 ) of the Act of 1933 relates may be vested in the same Minister of the Government pursuant to an order under section 6(1) of the Ministers and Secretaries (Amendment) Act 1939.

(2) In relation to the functions of the Minister for the Environment, Heritage and Local Government under the Foreshore Acts 1933 to 2009, any function vested in another Minister of the Government by or under any provision of any other Act, where that function relates or corresponds to functions of the Minister for the Environment, Heritage and Local Government under the Foreshore Acts 1933 to 2009, may be transferred under section 6(1) of the Ministers and Secretaries (Amendment) Act 1939 to the Minister for the Environment, Heritage and Local Government and, for that purpose, such order may also—

( a) in respect of provisions containing the function which so relates or corresponds, transfer to any Minister of the Government some or all of the function which does not so relate or correspond,

( b) transfer the functions concerned to the Minister for the Environment, Heritage and Local Government notwithstanding any requirement relating to the consent or approval of or consultation with that Minister would be required as part of the exercise by that other Minister of the function concerned before such transfer,

( c) transfer to the Department of State concerned the administration and business in connection with the exercise, performance or execution of any functions transferred by section 6(1) of the Ministers and Secretaries (Amendment) Act 1939 and to which paragraph (a) or (b) relate.

C5

Application of collectively cited Foreshore Acts 1933 to 1992 to be reviewed and subject to new conditions as provided (30.07.2009) by European Communities Environmental Objectives (Surface Waters) Regulations 2009 (S.I. No. 272 of 2009), regs. 7, 9 and 11, in effect as per reg. 1(2).

Emission controls and environmental quality standards

7. Point source and diffuse source discharges liable to cause water pollution are prohibited except where subject to a system of prior authorisation or registration based on general binding rules. A public authority that authorises a discharge to waters shall lay down emission limits in the authorisation granted that satisfy the following requirements:

( a) the emission limits shall establish the maximum concentration and the maximum quantity of a substance permissible in a discharge and shall aim to achieve the environmental objectives established in Part III of these Regulations including the environmental quality standards set out in Schedules 5 and 6 and any standards or objectives laid down for protected areas, and

( b) discharges shall be controlled according to the combined approach whereby emission limits shall be established according to the stricter of the requirements which would result from the application of limits which aim to achieve the quality standards referred to in sub- paragraph ( a) and, where relevant, the application of limits based on—

(i) emission controls based on best available techniques, or

(ii) relevant emission limit values, or

(iii) in the case of diffuse impacts controls including, as appropriate, best environmental practices set out in:

— a specification prepared by the Agency in accordance with section 5 of the Environmental Protection Agency Act 1992 as amended by section 7 of the Protection of the Environment Act 2003 or

— the Urban Waste Water Treatment Regulations 2001 ( S.I. No. 254 of 2001) as amended by the Urban Waste Water Treatment (Amendment) Regulations 2004 ( S.I. No. 440 of 2004) or any future amendment thereof or

— the European Communities (Good Agricultural Practice for Protection of Waters) Regulations 2009 ( S.I. No. 101 of 2009) or any future amendment thereof or

— the Local Government (Water Pollution) Act, 1977 (Control of Cadmium Discharges) Regulations 1985 ( S.I. No. 294 of 1985) or

— the Local Government (Water Pollution) Act, 1977 (Control of Hexachlorocyclohexane and Mercury Discharges) Regulations 1986 ( S.I. No. 55 of 1986) or

— the Local Government (Water Pollution) Acts, 1977 and 1990 (Control of Carbon Tetrachloride, DDT and Pentachlorophenol Discharges) Regulations 1994 ( S.I. No. 43 of 1994) or

— measures or controls identified in a pollution reduction plan for the river basin district prepared in accordance with Part V of these Regulations for the reduction of pollution by priority substances or the ceasing or phasing out of emissions, discharges and losses of priority hazardous substances.

...

9. Requirements under Article 7 shall apply to all new authorisations to discharge into surface waters and to reviews of existing authorisations, granted under the Dumping at Sea Acts 1996-2004, the Foreshore Acts 1933-1992, the Fisheries Acts 1959-2003, the Act of 1977, the Act of 1992, the Act of 1996 and Regulations made for such purpose under the Act of 1972, or any other enactment, from the date of coming into force of these Regulations.

...

Review of existing authorisations

11. (1) Notwithstanding any existing provisions of the Acts or Regulations referred to in Article 9, or any Regulation made to give effect to a requirement of the said Acts, a public authority shall as soon as may be practicable, but not later than 22 December 2012 and sooner if required or where directed by the Minister,

( a) examine the terms of every authorisation or revised authorisation to which Article 9 applies and for the time being in force and determine whether, having regard to the requirements of Article 7 of these Regulations, the authorisation or revised authorisation requires to be reviewed for the purposes of compliance with the said Article, and

( b) if the authorisation or revised authorisation requires to be so reviewed complete such a review by the required date, or

( c) if the authorisation or revised authorisation does not require to be so reviewed and accordingly, that no further action is required, declare in writing that this is the case.

(2) A public authority shall from time to time carry out such further examination, and where necessary review, of authorisations as may be necessary to ensure compliance with the environmental objectives and quality standards established by these Regulations.

C6

Application of Act restricted by Planning and Development Act 2000 (30/2000), s. 228(5) as inserted (17.10.2006) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 45, S.I. No. 525 of 2006.

Entering on foreshore for certain purposes.

228. ...

(5) No licence shall be required under the Foreshore Act 1933 in respect of any such entry or any site investigations carried out in accordance with this section.

C7

Application of collectively cited Foreshore Acts 1933 to 2005 restricted (11.03.2002) by Planning and Development Act 2000 (30/2000), s. 227(8), S.I. No. 599 of 2001, as substituted (17.10.2006) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 44(b), S.I. No. 525 of 2006.

Acquisition of land etc. on foreshore.

227.— ...

[(8) ( a) Subject to paragraph ( b), the Foreshore Acts 1933 to 2005 shall not apply in relation to any application to the Board under section 226, or matters to which subsection (5)( b) applies or a scheme submitted under section 49 of the Roads Act 1993.

( b) In any case where a local authority that is a planning authority applies for an approval for proposed development under section 226 or has been granted such an approval by the Board, but has not sought the compulsory acquisition of any foreshore on which the proposed development would be carried out under an enactment specified in section 214, the authority may apply for a lease or licence under section 2 or 3 of the Foreshore Act 1933 in respect of that proposed development; in such cases, it shall not, notwithstanding the provisions of any other enactment, be necessary for—

(i) the local authority to submit an environmental impact statement in connection with its application for such lease or licence, or

(ii) the Minister for Communications, Marine and Natural Resources to consider the likely effects on the environment of the proposed development. ]

...

C8

Application of collectively cited Foreshore Acts 1933 and 1992 extended to offences committed by officers of a body corporate (20.07.1992) by Foreshore (Amendment) Act 1992 (17/1992), s. 8, commenced on enactment.

Offences committed by body corporate.

8. (1) Where an offence under the Foreshore Acts, 1933 and 1992, has been committed by a body corporate and it is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of any person who, when the offence was committed, was a director, manager, secretary or other officer of the body corporate, or a person purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he were guilty of the first-mentioned offence.

(2) Where the affairs of a body corporate are managed by its members, subsection ( 1) of this section shall apply in relation to the acts and defaults of a member in connection with the functions of management as if he were a director or manager of the body corporate.

C9

Application of Act restricted (14.11.1940) by Minerals Development Act 1940 (31/1940), s. 5, commenced on enactment.

5.The following minerals and exclusive mining rights shall be State minerals for the purposes of this Act and the expression “ State minerals” shall in this Act be construed accordingly, that is to say:— ...

( d) notwithstanding anything contained in the Foreshore Act, 1933 (No. 12 of 1933), and without prejudice to the generality of paragraphs ( a) and ( b) of this section, any minerals lying on or under foreshore belonging to the State within the meaning of that Act, as adapted in consequence of the enactment of the Constitution;

...

Editorial Notes:

E1

Provision for costs of certain proceedings under Act to be borne by each party in certain circumstances made (7.07.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), Part 2 (ss. 3-8), commenced on enactment. The 2011 Act, s. 8 provides for judicial notice to be taken of the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters done at Aarhus, Denmark on 25 June 1998.

E2

Validity of certain documents, approvals and consents under Act continued (7.07.2011) by Foreshore (Amendment) Act 2011 (11/2011), s. 6, commenced on enactment.

E3

A summary offence under the collectively cited Foreshore Acts 1933 to 2009 may be prosecuted under ss. 6, 7, 13 or 14 of the Act or s. 6 of the Foreshore (Amendment) Act 1992 by the Minister for the Environment, Heritage and Local Government; under s. 8(2) of the Act by the appropriate Minister; or by a local authority in respect of any area of seashore which is in whole or in part within its functional area or contiguous thereto as provided (20.07.1992) by Foreshore (Amendment) Act 1992 (17/1992), s. 7, commenced on enactment, as substituted (15.01.2010) by Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009) s. 19, commenced as per s. 1(4).

E4

Provision for carrying forward of certain regulations and orders made prior to commencement of Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009) in relation to functions exercisable by the Minister for the Environment, Heritage and Local Government and other transitional provisions made (15.12.2009) by Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009), s. 23 and ss. 22-27, commenced as per s. 1(4).

E5

Nothing in the Gas Acts 1976 to 1995, or the Petroleum and Other Minerals Development Acts 1960 and 1995, are to prejudice the provisions of the Foreshore Acts 1933 and 1992 as provided (21.12.1995) by Energy (Miscellaneous Provisions) Act 1995, s. 35, commenced on enactment.

E6

Previous affecting provision: functions in relation to collectively cited Foreshore Acts 1933 to 2005 transferred and references to “Department of Communications, Marine and Natural Resources” and “Minister for Communications, Marine and Natural Resources” construed (19.10.2007) by Sea Fisheries, Foreshore and Dumping at Sea (Transfer of Departmental Administration and Ministerial Functions) Order 2007 (S.I. No. 707 of 2007), arts. 2, 3 and sch. part 1, in effect as per art. 1.

E7

Previous affecting provision: application of collectively cited Foreshore Acts 1933 to 1992 restricted (26.02.1997) by European Communities (Natural Habitats) Regulations 1997 (S.I. No. 94 of 1997), reg. 15(2); revoked (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), reg. 73(1).

E8

Previous affecting provision: functions in relation to Act transferred and references to “Department of Communications” and “Minister for Communications” construed (31.03.1987) by Communications (Transfer of Departmental Administration and Ministerial Functions) Order 1987 (S.I. No. 91 of 1987), arts. 3, 4 and sch. part 1, in effect as per art. 1(2).

E9

Previous affecting provision: functions in relation to Act transferred and references to “Department of Industry and Commerce” and “Minister for Industry and Commerce” construed (27.07.1959) by Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order 1959 (S.I. No. 125 of 1959), arts. 3, 4(1) and (4) and sch. 1 part 1 item 15.