Foreshore Act 1933

Definitions.

1

1.In this Act—

F1[Act of 2000 means the Planning and Development Act 2000 (No. 30 of 2000);]

F2[the expression the Act of 2005 means the Maritime Safety Act 2005;]

F3[‘Council Directive’ means Directive 2011/92/EU of the European Parliament and of the Council of 13 December 20115 as amended by Directive 2014/52/EU of the European Parliament and of the Council of 16 April 20146 on the assessment of the effects of certain public and private projects on the environment;]

F3[ 'environmental impact assessment’, in relation to a proposed development, means a process in respect of the development

(a) consisting of

(i) the preparation of an environmental impact assessment report in accordance with section 13A(1)(cc),

(ii) the carrying out of the consultations referred to in section 19A and, where relevant, section 19C,

(iii) the examination by the appropriate Minister of the information presented in the environmental impact assessment report and any supplementary information provided, where necessary, in accordance with section 13A(1)(d) and any relevant information received through the consultations under section 19A and section 19C,

(iv) the reaching of a reasoned conclusion referred to in section 13A(2)(a) by the appropriate Minister on the significant effects of the project on the environment, taking into account the results of the examination referred to in subparagraph (iii) and, where appropriate, the appropriate Minister’s own supplementary examination; and

(v) the integration of the appropriate Minister’s reasoned conclusion into a decision referred to in section 13A(2)(cc) to grant or refuse consent for the relevant application,

and

(b) including an examination, analysis and evaluation, by the appropriate Minister under section 13A(2)(a) in order to identify, describe and assess the direct and indirect significant effects of the particular proposed development, including significant effects derived from the vulnerability of the proposed development to risks of major accidents and disasters relevant to it, on

(i) population and human health,

(ii) biodiversity, with particular attention to species and habitats protected under Council Directive 92/43/EEC of 21 May 19927 and Directive 2009/147/EC of the European Parliament and of the Council of 30 November 20098 ,

(iii) land, soil, water, air and climate,

(iv) material assets, cultural heritage and the landscape, and

(v) the interaction between the factors mentioned in subparagraphs (i) to (iv);]

F4[‘environmental impact assessment report’ shall be construed in accordance with section 13A(1)(c) to (cd);]

F5[]

F6[]

the word “foreshore” means the bed and shore, below the line of high water of ordinary or medium tides, of the sea and of every tidal river and tidal estuary and of every channel, creek, and bay of the sea or of any such river or estuary F7[and the outer limit of the foreshore shall be determined in accordance with section 1A of this Act ];

the expression “tidal lands” means the bed and shore, below the line of high water of ordinary spring tides, of the sea and of every tidal river and tidal estuary and of every channel, creek, and bay of the sea or of any such river or estuary;

the word “seashore” means the foreshore and every beach, bank, and cliff contiguous thereto and includes all sands and rocks contiguous to the foreshore;

the expression “beach material” means sand, clay, gravel, shingle, stones, rocks, and mineral substances on the surface of the seashore and includes outcrops of rock or any mineral substance above the surface of the seashore and also includes bent grass growing on the seashore and also seaweed whether growing or rooted on the seashore or deposited or washed up thereon by the action of tides, winds, and waves or any of them;

the expression “sea defence work” means any wall, pier, groyne, stakes, bank, or other work constructed for the purpose of protecting any land, building, or other structure from injury by the sea or the waves or tides thereof;

the word “lease” includes a letting for one year or for any period less than one year;

the word “term” includes a period of one year and any period less than one year;

F8[ the word aquaculture has the same meaning as it has for the purposes of the Fisheries (Amendment) Act 1997;

the word development means the carrying out of any works on, in, over or under the foreshore or the making of any material change in the use of any structures on the foreshore;

the expression fishery harbour centre means any area defined by an order for the time being in force under section 2 of the Fishery Harbour Centres Act 1968 and declared by such order to be a fishery harbour centre;

the word harbour means

(a) a harbour, functions in respect of which are conferred on a company (within the meaning of the Harbours Act 1996) by or under that Act, and

(b) the harbour of a harbour authority within the meaning of the Harbours Act 1946,

and references to port shall be construed accordingly. ]

Annotations

Amendments:

F1

Inserted (31.10.2012) by European Union (Environmental Impact Assessment) (Foreshore) Regulations 2012 (S.I. No. 433 of 2012), reg. 3.

F2

Inserted (29.06.2005) by Maritime Safety Act 2005 (11/2005), s. 60(a)(ii), commenced on enactment.

F3

Substituted (25.03.2021) by European Union (Foreshore Act 1933) (Environmental Impact Assessment) (Amendment) Regulations 2021 (S.I. No. 145 of 2021), reg. 4(a), (b).

F4

Inserted (25.03.2021) by European Union (Foreshore Act 1933) (Environmental Impact Assessment) (Amendment) Regulations 2021 (S.I. No. 145 of 2021), reg. 4(c).

F5

Deleted (25.03.2021) by European Union (Foreshore Act 1933) (Environmental Impact Assessment) (Amendment) Regulations 2021 (S.I. No. 145 of 2021), reg. 4(d).

F6

Deleted (15.01.2010) by Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009), s. 5(a), commenced as per s. 1(4).

F7

Inserted (29.06.2005) by Maritime Safety Act 2005 (11/2005), s. 60(a)(i), commenced on enactment.

F8

Substituted (15.01.2010) by Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009), s. 5(b), commenced as per s. 1(4).

F9

Inserted by Mineral Development Act 2017 (23/2017), s. 239(a)(i), not commenced as of date of revision.

F10

Substituted by Minerals Development Act 2017 (23/2017), s. 239(a)(ii), not commenced as of date of revision.

Modifications (not altering text):

C10

Prospective affecting provision: definition of “minerals” inserted and definition of “beach material” substituted by Minerals Development Act 2017 (23/2017), s. 239(a), not commenced as of date of revision.

F9[the word minerals has the same meaning as in section 2 of the Minerals Development Act 2017;]

...

F10[the expression beach material means clay, sand, gravel, shingle, stones and rocks on the surface of the seashore and includes outcrops of rock above the surface of the seashore and also includes bent grass growing on the seashore and also seaweed whether growing or rooted on the seashore or deposited or washed up on the seashore by the action of tides, winds or waves, but does not include minerals;]

Editorial Notes:

E10

Previous affecting provision: definitions of "council directive", "environmental impact assessment" and "environment impact statement" inserted (31.10.2012) by European Union (Environmental Impact Assessment) (Foreshore) Regulations 2012 (S.I. No. 433 of 2012), reg. 3; substituted as per F-note above.

E11

Previous affecting provision: definition of “development” inserted (1.02.1990) by European Communities (Environmental Impact Assessment) Regulations 1989 (S.I. No. 349 of 1989), art. 13(a), in effect as per art. 2(1); substituted as per F-Note above.