Foreshore Act 1933

Power for Minister to make leases of foreshore.

2

2. (1)— If, in the opinion of the F13 [ appropriate Minister ], it is in the public interest that a lease shall be made to any person of any foreshore belonging to F14 [ the State ], F15 [ that Minister ] may, subject to the provisions of this Act, demise by deed under his official seal such foreshore with the buildings and other structures (if any) thereon to such person by way of lease for such term, not exceeding ninety-nine years, commencing at or before the date of such lease, as F15 [ that Minister ] shall think proper.

F16 [ (1A) Where the Minister for Agriculture, Fisheries and Food or the Minister for the Environment, Heritage and Local Government (being the appropriate Minister) is considering making a lease in accordance with this section, then the Minister so considering shall consult with the other Minister on the matter before deciding on whether or not to make the lease. ]

(2) Every lease made under this section shall (unless the F17 [ appropriate Minister ] is of opinion that such lease should in the public interest be made free of any payment) be made subject to the payment to F18 [ that Minister ] of such moneys, whether by way of fine or other preliminary payment or by way of rent or other periodical payment or by way of royalty on material removed or by all or any of such ways, as F18 [ that Minister ] shall think proper and shall agree upon with the person to whom such lease is made.

F19 [ (3) Notwithstanding anything contained in this section, no lease reserving a rent or other annual payment exceeding 63,250 a year shall be made under this section without the sanction of the Minister for Finance. ]

(4) Every lease made under this section shall contain a power or proviso for re-entry on the breach, non-performance, or non-observance by the lessee of any covenant on the lessee's part (including a covenant for payment of rent, royalty, or other money), condition, or agreement contained therein.

(5) No lease made under this section shall contain any covenant or agreement for the renewal of such lease.

(6) Every lease under this section shall (subject to the provisions of this section) contain such covenants, conditions, and agreements as the F20 [ appropriate Minister ] shall consider proper or desirable in the public interest and shall agree upon with the person to whom such lease is made.

(7) A lease made under this section may include all minerals on or in the demised foreshore to a depth of thirty feet from the surface of such foreshore, together with the right to get and take such minerals, but no such lease shall extend to or include any mines or minerals more than thirty feet below the surface of the demised foreshore.

(8) Whenever an application is made to the F21 [ appropriate Minister ] for a lease under this section, F22 [ that Minister ] may, if he thinks fit, hold a public inquiry in regard to the making of such lease.

Annotations:

Amendments:

F13

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

F14

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

F15

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

F16

Inserted (15.01.2010) by Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009), s. 7(a), commenced as per s. 1(4).

F17

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

F18

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

F19

Substituted (15.01.2010) by Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009), s. 7(b), commenced as per s. 1(4).

F20

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

F21

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

F22

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

F23

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

Modifications (not altering text):

C11

Prospective affecting provision: subs. (7) substituted by Minerals Development Act 2017 (23/2017), s. 239(b), not commenced as of date of revision.

F23 [ (7) Any State minerals within the meaning of section 2 of the Minerals Development Act 2017 in or on the foreshore are, pursuant to section 4 of that Act, vested in the Minister under that Act. ]

C12

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts 2, 3(a), 5 and sch. 1 part 2, in effect as per art. 1(2).

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of –

( a) the enactments specified in Schedule 1, and

...

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 12 of 1933

Foreshore Act 1933

Sections 2, 3, 5, 18 and 22(2)

...

...

...

C13

Application of section made subject to requirement (30.06.1998) by Fisheries (Amendment) Act 1997 (23/1997), s. 82, S.I. No. 203 of 1998.

Application of Foreshore Acts, 1933 and 1992 to aquaculture.

82.The Minister, in considering an application for a lease or a licence under the Foreshore Acts, 1933 and 1992, which is sought in connection with the carrying on of aquaculture pursuant to an aquaculture licence, shall have regard to any decision of the licensing authority in relation to the aquaculture licence.

C14

Term “minerals” construed for purpose of subs. (7) (14.11.1940) by Minerals Development Act 1940 (31/1940), s. 82, commenced on enactment.

Amendment of the Foreshore Act, 1933.

82.The Foreshore Act, 1933 (No. 12 of 1933) shall be construed and have effect as if the word “ minerals”, where it occurs in sub-section (7) of section 2 and sub-section (1) of section 3 of that Act, included all minerals within the meaning of this Act other than scheduled minerals, mineral compounds, and mineral substances.

Editorial Notes:

E11

Provision for costs of certain proceedings under section 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.

E12

Minister empowered, with the consent of Minister for Finance, to prescribe fees for an application for a lease or an amendment of any such lease under section (1.07.2003) by Fisheries (Amendment) Act 2003 (21/2003), s. 32(1)(a) and (e), 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).

E13

Court granted power to prohibit continued breach of licence under section and impose penalties (20.07.1992) by Foreshore (Amendment) Act 1992 (17/1992), ss. 5 and 6, commenced on enactment.