Foreshore Act 1933

Structures unlawfully erected on State foreshore.

12

12. (1) Where any building, pier, wall or other structure has been erected (whether before or after the passing of this Act) without lawful authority on foreshore belonging to F88 [ the State ], the F89 [ judge of the District Court ] having jurisdiction in the district in which such foreshore is situate may, on the application of the F90 [ Minister for the Environment, Heritage and Local Government ], either (as the case may require)—

( a) make an order requiring the person by whom such structure was erected or, where such person is dead or (if a corporate body) is dissolved or such person is not known or cannot be found, any person in possession of such structure, to pull down and remove such structure within a specified time, or

( b) where F91 [ such judge ] is satisfied that the person by whom such structure was erected is dead or (if a corporate body) is dissolved or is not known or cannot be found and that no person is in possession of such structure, make an order authorising the F92 [ Minister for the Environment, Heritage and Local Government ] to pull down and remove such structure.

(2) The following provisions shall have effect in relation to the making and operation of an order under this section requiring a person (in this sub-section referred to as the defendant) to pull down and remove a structure, that is to say:—

( a) such order shall not be made without notice to the defendant of the application for such order;

( b) F93 [ ]

( c) where such order has been made and the defendant does not pull down and remove such structure within the time specified in such order, the F94 [ Minister for the Environment, Heritage and Local Government ] may pull down and remove such structure or cause such structure to be pulled down and removed and shall be entitled to be paid by and to recover from the defendant as a civil debt the costs and expenses of such pulling down and removal.

Annotations:

Amendments:

F88

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 10, commenced as per s. 1(4).

F89

Substituted (15.01.2010) by Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009), s. 9(a), commenced as per s. 1(4).

F90

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 49, commenced as per s. 1(4).

F91

Substituted (15.01.2010) by Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009), s. 9(b), commenced as per s. 1(4).

F92

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 50, commenced as per s. 1(4).

F93

Deleted (23.12.1998) by Fisheries and Foreshore (Amendment) Act 1998 (54/1998), s. 5(1)(a), commenced on enactment.

F94

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 51, commenced as per s. 1(4).

Modifications (not altering text):

C24

Application of section extended (26.02.1998) by Fisheries (Amendment) Act 1997 (23/1997), s. 67, S.I. No. 46 of 1998.

Removal of unlawful aquaculture structures and equipment under Foreshore Act.

67. (1) Section 12 (other than subsection (2)(b)) of the Foreshore Act, 1933, shall, with the necessary modifications, extend and apply to and in relation to—

( a) structures, articles or equipment used or capable of being used for aquaculture which, before or after the commencement of this section, have been erected or placed in position without lawful authority on foreshore belonging to the State, and

( b) any such structure, article or equipment erected or placed in position on such foreshore for a purpose authorised by or in accordance with a condition of a licence or other permission under this Act, where its operation for that purpose has ceased to be so authorised.

(2) A person who fails to comply with an order under section 12(1)( a) of the Foreshore Act, 1933 as modified by subsection (1) of this section shall be guilty of an offence under this Act.