Foreshore (Amendment) Act 1992

Amendment of section 6 of Principal Act.

3

3.Section 6 of the Principal Act is hereby amended:

( a) in subsection (1), by the substitution of “ prohibiting the removal of beach material from, or disturbance of beach material in, an area of seashore ” for “prohibiting the removal of beach material from an area of seashore”,

( b) by the substitution of the following for subsection (2):

“(2) Whenever the Minister 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 Minister 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.”,

( c) by the substitution of the following for subsection (5):

“(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.”,

and

( d) by the substitution of the following for subsection (7):

“(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.”.