Foreshore (Amendment) Act 1992

Notice prohibiting removal of beach material from foreshore.

4

4.The Principal Act is hereby amended by the substitution of the following for section 7:

“7.— (1) Whenever the Minister 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, the 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.”.