Foreshore Act 1933

Power for Minister to grant licences of foreshore.

3

3. (1) If, in the opinion of the F24 [ appropriate Minister ], it is in the public interest that a licence should be granted to any person in respect of any foreshore belonging to F25 [ the State ] authorising such person to place any material or to place or erect any articles, things, structures, or works in or on such foreshore, F26 [ to remove any beach material from, or disturb any beach material in, such foreshore ], to get and take any minerals in such foreshore and not more than thirty feet below the surface thereof, or to use or occupy such foreshore for any purpose, F27 [ that Minister ] may, subject to the provisions of this Act, grant by deed under his official seal such licence to such person for such term not exceeding ninety-nine years commencing at or before the date of such licence, as F27 [ that Minister ] shall think proper.

F28 [ (1A) ... ]

F29 [ (1B) Where the Minister for Agriculture, Fisheries and Food or the Minister for the Environment, Heritage and Local Government is considering granting a licence under this section (being the appropriate Minister), then the Minister so considering shall consult with the other Minister on the matter before granting the licence. ]

(2) Every licence granted under this section shall (unless the F30 [ appropriate Minister ] is of opinion that such licence should in the public interest be granted free of any payment) be granted subject to the payment to F31 [ 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 F31 [ that Minister ] shall think proper and shall agree upon with the person to whom such licence is granted.

(3) Where, in the opinion of the F32 [ appropriate Minister ], a licence proposed to be granted under this section is, owing to its nature, duration, or otherwise, of a trivial character and should be granted without payment or subject to a nominal payment only, such licence may, notwithstanding anything contained in this section, be granted by way of permission in writing signed by F33 [ that Minister ] or one of the principal officers of his Department.

F34 [ (4) Notwithstanding anything contained in this section, no licence requiring payment by the licensee of a rent or other annual payment exceeding 63,250 a year shall be granted under this section without the sanction of the Minister for Finance. ]

(5) Every licence granted under this section shall contain a power to the F35 [ appropriate Minister ] to terminate such licence on breach, non-performance, or non-observance by the licensee of any covenant on the licensee's part (including a covenant for payment of rent, royalty or other money), condition or agreement contained therein.

(6) No licence granted under this section shall contain any covenant or agreement for the renewal of such licence.

(7) Every licence granted under this section shall (subject to the provisions of this section) contain such covenants, conditions, and agreements as the F36 [ appropriate Minister ] shall consider proper or desirable in the public interest and shall agree upon with the person to whom such licence is granted.

(8) No licence granted under this section shall extend to or authorise the removal of any minerals lying more than thirty feet below the surface of the foreshore to which such licence relates.

(9) Whenever an application is made to the F37 [ appropriate Minister ] for the grant of a licence under this section, F38 [ that Minister ] may, if he thinks fit, hold a public inquiry in regard to the granting of such licence.

Annotations:

Amendments:

F24

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

F25

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

F26

Substituted (20.07.1992) by Foreshore (Amendment) Act 1992 (17/1992), s. 2 subject to transitional provisions in s. 9, commenced on enactment.

F27

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

F28

Inserted by Foyle and Carlingford Fisheries Act 2007 (17/2007), s. 35, not commenced as of date of revision.

F29

Inserted (15.01.2010) by Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009), s. 8(a), commenced as per s. 1(4).

F30

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

F31

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

F32

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

F33

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

F34

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

F35

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

F36

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

F37

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

F38

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

F39

Deleted by Minerals Development Act 2017 (23/2017), s. 239(c)(i), not commenced as of date of revision.

F40

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

F41

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

Modifications (not altering text):

C15

Prospective affecting provision: subs. (1) amended by Minerals Development Act 2017 (23/2017), s. 239(c)(i), not commenced as of date of revision.

3. (1) If, in the opinion of the F24 [ appropriate Minister ], it is in the public interest that a licence should be granted to any person in respect of any foreshore belonging to F25 [ the State ] authorising such person to place any material or to place or erect any articles, things, structures, or works in or on such foreshore, F26 [ to remove any beach material from, or disturb any beach material in, such foreshore ], F39 [ ] or to use or occupy such foreshore for any purpose, F27 [ that Minister ] may, subject to the provisions of this Act, grant by deed under his official seal such licence to such person for such term not exceeding ninety-nine years commencing at or before the date of such licence, as F27 [ that Minister ] shall think proper.

C16

Prospective affecting provision: subs. (8) substituted by Minerals Development Act 2017 (23/2017), s. 239(c)(ii), not commenced as of date of revision.

F40 [ (8) No licence granted under this section shall extend to or authorise the removal of any minerals lying in or on the foreshore., ]

C17

Prospective amending provision: subs. (1A) inserted by Foyle and Carlingford Fisheries Act 2007 (17/2007), s. 35, (and amended (15.01.2010) by Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009), s. 6(2)(a) and sch. 1 part 1 item 10, commenced as per s. 1(4)), not commenced as of date of revision.

F28 [ (1A) ( a ) Notwithstanding the provisions of subsection (1), where the F41 [ Minister for Agriculture, Fisheries and Food ] grants a licence under that subsection (a foreshore licence ) to the Commission, such licence may, if the terms and conditions of the foreshore licence so provide, permit a person holding a licence under Part VIA of the Foyle Fisheries Act 1952 (an aquaculture licence ) in respect of part or all of the area covered by the foreshore licence to do in the area specified in the aquaculture licence concerned any thing permitted by the aquaculture licence as specified in the foreshore licence as being permitted to be done by a person holding such an aquaculture licence, subject to such terms and conditions as may be contained in the foreshore licence.

( b ) In this section Commission means the body referred to in section 32 of the British-Irish Agreement Act 1999 . ]

C18

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)

...

...

...

C19

Application of section restricted (27.09.2007) by Waste Water Discharge (Authorisation) Regulations 2007 (S.I. No. 684 of 2007), reg. 45, in effect as per reg. 1(2).

Discharges requiring licensing under Foreshore Acts

45. (1) Where the Agency has decided to grant an authorisation under Part VII and a foreshore licence has been granted under the Foreshore Act 1933 (No. 12 of 1933) in relation to the same discharge, any conditions attached to that foreshore licence shall, in so far as they are for the purpose of preventing environmental pollution, cease to have effect.

(2) The grant of a licence under the Foreshore Act 1933 in relation to any activity shall not prejudice, affect or restrict in any way the application of any provision of these Regulations to such an activity.

C20

Application of section extended (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.

C21

Application of section restricted (1.07.1996) by Waste Management Act 1996 (10/1996), s. 40(6), S.I. No. 192 of 1996.

Grant of waste licences.

40. ...

(6) ( a) Where a waste licence is granted in relation to an activity, and a foreshore licence has been granted under the Foreshore Act, 1933, in relation to the same activity, any conditions attached to that foreshore licence shall, in so far as they are for the purpose of preventing environmental pollution, cease to have effect.

( b) The grant of a licence under the Foreshore Act, 1933, in relation to any activity shall not prejudice, affect or restrict in any way the application of any provision of this Act to such an activity.

...

C22

Term “minerals” construed for purpose of subs. (1) (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:

E14

Provision made for any licence granted to a water services authority under section to continue in force for the unexpired period of the licence (1.01.2014) by Water Services (No. 2) Act 2013 (50/2013), s. 17(1), S.I. No. 575 of 2013.

E15

Provision made for an application for a licence under section not yet granted to be considered made to Irish Water (1.01.2014) by Water Services (No. 2) Act 2013 (50/2013), s. 17(3), S.I. No. 575 of 2013.

E16

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.

E17

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