Foreshore Act 1933

Regulations in respect of the public use of foreshore.

8

8.(1) If and whenever the F67[appropriate Minister] is of opinion that the entry of the public on or the use by the public of any particular area of foreshore belonging to F68[the State] ought in the public interest to be prohibited, restricted, regulated, or controlled, either permanently or temporarily, F69[that Minister] may by order make regulations prohibiting, restricting, regulating, or controlling in such manner, to such extent, and for such period, limited or unlimited, as F69[that Minister] shall think proper the entry of the public on or the use by the public of such area of foreshore either for any purpose or any specified purpose or purposes other than the purposes hereinafter excepted.

(2) Every person who shall do any act (whether of commission or omission) which is a breach of a regulation made under this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

(3) Whenever the F70[appropriate Minister] has made or proposes to make a regulation under this section, F71[that Minister] may if he thinks fit hold a public inquiry in regard to the continuation or the making (as the case may be) of such regulation.

(4) Regulations made under this section shall not extend to or affect the use of any foreshore for the purpose of nagivation or of fishing, nor the removal of beach material from any foreshore.

Annotations

Amendments:

F67

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

F68

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

F69

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

F70

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

F71

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

Editorial Notes:

E29

E29

A £5 fine translates into a Class E fine, not exceeding €500, as provided (4.01.2011), by Fines Act 2010 (8/2010), ss. 3 and 8, table ref. no. 7, S.I. No. 662 of 2010.