Foreshore Act 1933

Erection of structures on foreshore.

10

10. (1) No person shall erect on any tidal lands not belonging to F75 [ the State ] any building, pier, wall, or other permanent structure otherwise than in accordance with maps, plans, and specifications approved of by the F76 [ appropriate Minister ].

(2) The F77 [ appropriate Minister ] shall not refuse to approve under this section of any maps, plans, and specifications on any ground save that a structure erected in accordance with such maps, plans, and specifications would be or would cause or be likely to cause (directly or indirectly) an obstruction to navigation or to fishing F78 [ or would have or be likely to have significant adverse effects on the environment ].

(3) Whenever any structure is erected in contravention of this section and the F79 [ Minister for the Environment, Heritage and Local Government ] is of opinion that such structure is or causes or is likely to cause (directly or indirectly) an obstruction to navigation or to fishing, F80 [ that Minister ] may serve on the person by whom such structure was erected or, if such person is dead or (if a corporate body) is dissolved or if such person is not known or cannot be found, on any person in possession of such structure a notice in writing requiring such person to pull down and remove such structure within such time (not being less than one month) from the service of such notice as F80 [ that Minister ] shall think proper and shall specify in such notice.

(4) Whenever a person on whom a notice has been served under the next preceding sub-section of this section fails to pull down and remove the structure to which such notice relates within the time specified in that behalf in such notice, the F81 [ Minister for the Environment, Heritage and Local Government ] may (as the case may require) pull down and remove or complete the pulling down and removal of such structure or cause (as the case may require) such structure to be pulled down and removed or the pulling down and removal thereof to be completed and (in any case) shall be entitled to be paid by and to recover from the said person on whom the said notice was so served the costs and expenses of such pulling down and removal or completion (as the case may be) as a civil debt in any Court of competent jurisdiction.

Annotations:

Amendments:

F75

Substituted (15.01.2010) by Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009), s. 6(2)(b) and sch. 1 part 2 item 8, commenced as per s. 1(4).

F76

Substituted (15.01.2010) by Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009), s. 6(2)(a) and sch. 1 part 1 item 39, commenced as per s. 1(4).

F77

Substituted (15.01.2010) by Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009), s. 6(2)(a) and sch. 1 part 1 item 40, commenced as per s. 1(4).

F78

Inserted (1.02.1990) by European Communities (Environmental Impact Assessment) Regulations 1989 (S.I. No. 349 of 1989), reg. 13(b), in effect as per reg. 2(1).

F79

Substituted (15.01.2010) by Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009), s. 6(2)(a) and sch. 1 part 1 item 41, commenced as per s. 1(4).

F80

Substituted (15.01.2010) by Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009), s. 6(2)(a) and sch. 1 part 1 item 42, commenced as per s. 1(4).

F81

Substituted (15.01.2010) by Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009), s. 6(2)(a) and sch. 1 part 1 item 43, commenced as per s. 1(4).

Editorial Notes:

E22

Minister empowered, with the consent of Minister for Finance, to prescribe fees for an application for an approval or an amendment of any such approval under section and to prescribe fees for an approval under section (1.07.2003) by Fisheries (Amendment) Act 2003 (21/2003), s. 32(1)(c), (e) and (2)(a), commenced on enactment as amended (15.01.2010) by Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009), s. 21, commenced as per s. 1(4).