Foreshore Act 1933

Order prohibiting removal of beach material from seashore.

6

6. (1) In this Act the expression “ prohibitory order” means an order made, or deemed to have been made under this section F53 [ prohibiting the removal of beach material from, or disturbance of beach material in, an area of seashore ].

F54 [ (2) Whenever the F55 [ Minister for the Environment, Heritage and Local Government ] is of the opinion that, in relation to beach material or any kind or kinds of beach material

( a ) the removal, the unrestricted removal or the removal by specified means from, or

( b ) the disturbance or the disturbance in one or more than one specified manner in,

any particular area, or class or classes of areas, of seashore

(i) has affected or is likely to affect prejudicially any flora or fauna of such area or areas, as the case may be, of seashore or of any area in the neighbourhood thereof, or

(ii) has affected or is likely to affect prejudicially any amenities or public rights in respect of such area or areas, as the case may be, of seashore or any lands or water in the neighbourhood thereof, or

(iii) has caused or is likely to cause injury to any land or to any building, wall, pier or other structure,

the F55 [ Minister for the Environment, Heritage and Local Government ] may prohibit by order any such removal or disturbance by any person of beach material either (as the case may require) of any kind or of the said particular kind or kinds from or in (as appropriate) the said area or classes of area of seashore. ]

(3) The F56 [ Minister for the Environment, Heritage and Local Government ] may by order at any time at his discretion, revoke or amend a prohibitory order.

(4) Whenever the F57 [ Minister for the Environment, Heritage and Local Government ] has made or proposes to make, amend, or revoke a prohibitory order, F58 [ that Minister ] may, if he thinks fit, hold a public inquiry in regard to the continuation, making, amendment, or revocation (as the case may be) of such order.

F59 [ (5) Every person who removes any beach material from, or disturbs any beach material in, any foreshore or seashore in contravention of a prohibitory order shall be guilty of an offence under this section and shall be liable

( a ) on summary conviction, to a fine not exceeding £ 1,000 or to imprisonment for a term not exceeding six months, or to both,

( b ) on conviction on indictment, to a fine not exceeding

(i) £ 100,000, in the case of a first offence under this section, and

(ii) £ 200,000 in the case of a second or subsequent offence under this section,

or to imprisonment for a term not exceeding five years, or to both. ]

(6) Every order made under section 14 of the Harbours Act, 1814, and in force at the passing of this Act shall continue in force notwithstanding the repeal of that section by this Act, and every such order shall for all purposes be deemed to have been made under this section on the date on which it was actually made although such date is prior to the passing of this Act.

F60 [ (7) A prohibitory order shall not operate to prevent the granting under this Act of a licence to remove beach material from, or disturb beach material in, foreshore to which such order applies or to prevent such removal or disturbance under and in accordance with a licence granted (whether before or after the making of such order) under this Act.

(8) In this section

fauna means all wild animals (both aquatic and terrestrial) and includes in particular wild birds, wild mammals, reptiles, non-aquatic invertebrate animals and amphibians, and all such wild animals eggs, larvae, pupae or other immature stage and young;

flora means all plants (both aquatic and terrestrial) which occur in the wild (whether within or outside the State) and are not trees, shrubs or other plants being grown in the course of agriculture, forestry or horticulture, and includes in particular lichens, mosses, liverworts, fungi, algae and vascular plants, namely flowering plants, ferns and fern-allied plants and any community of such plants. ]

Annotations:

Amendments:

F53

Substituted (20.07.1992) by Foreshore (Amendment) Act 1992 (17/1992), s. 3(a) subject to transitional provisions in s. 9, commenced on enactment.

F54

Substituted (20.07.1992) by Foreshore (Amendment) Act 1992 (17/1992), s. 3(b) subject to transitional provisions in s. 9, commenced on enactment.

F55

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

F56

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

F57

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

F58

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

F59

Substituted (20.07.1992) by Foreshore (Amendment) Act 1992 (17/1992), s. 3(c) subject to transitional provisions in s. 9, commenced on enactment.

F60

Substituted (20.07.1992) by Foreshore (Amendment) Act 1992 (17/1992), s. 3(d) subject to transitional provisions in s. 9, commenced on enactment.

Editorial Notes:

E18

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

E19

Power pursuant to section exercised (17.06.1950) by Foreshore Act 1933, Prohibitory Order (No. 2) 1950 (S.I. No. 175 of 1950).

E20

Power pursuant to section exercised (24.04.1950) by Foreshore Act 1933, Prohibitory Order (No. 1) 1950 (S.I. No. 116 of 1950).