Foreshore Act 1933

Notice prohibiting removal of beach material from foreshore.

7

F64[7.(1) Whenever the F65[Minister for the Environment, Heritage and Local Government] is of the opinion that the removal of beach material from, or the disturbance of beach material in, any area of foreshore belonging to the State in respect of which no prohibitory order is in force should be restricted or controlled, F66[that Minister] may serve on any person a notice (in this Act referred to as a prohibitory notice) in writing prohibiting such person from

(a) removing or removing by specified means, or

(b) disturbing or disturbing in one or more than one specified manner,

beach material of any kind or of any specified kind or kinds from or in (as appropriate) the said area of foreshore.

(2) It shall not be lawful for any person on whom a prohibitory notice has been served

(a) to remove or disturb, or

(b) cause to be removed or disturbed,

otherwise than in accordance with a licence granted under this Act, any beach material to which such notice applies from or in (as appropriate) the area of foreshore to which such notice applies.

(3) Every person who removes any beach material from, or disturbs any beach material in, any foreshore in contravention of a prohibitory notice, or connives in such contravention, 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.]

Annotations

Amendments:

F64

Substituted (20.07.1992) by Foreshore (Amendment) Act 1992 (17/1992), s. 4 subject to transitional provisions in s. 9, commenced on enactment.

F65

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

F66

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

Editorial Notes:

E25

A £1,000 fine translates into a Class C fine, not exceeding €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 6, table ref. no. 2, S.I. No. 662 of 2010.

E26

A fine of £100,000 converts to €126,974.

E27

A fine of £200,000 converts to €253,948.

E28

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