Foreshore (Amendment) Act 1992

High Court’s power to prohibit continuance of certain contraventions of Principal Act.


5.(1) Where, on application to the High Court by—

(a) F3[the Minister for the Environment, Heritage and Local Government,]

(b) a local authority in respect of any area of seashore which is in whole or in part within its functional area or contiguous thereto, or

(c) any other person, whether or not that person has an interest in the seashore concerned,

that Court is satisfied that there has occurred, is occurring or is likely to occur any removal or disturbance of beach material or any kind or kinds of beach material in contravention of—

(i) a licence granted under section 3 of the Principal Act,

(ii) a prohibitory order under section 6 of the Principal Act, or

(iii) a prohibitory notice under section 7 of the Principal Act,

the High Court may by order—

(I) prohibit any person from removing or disturbing beach material or any kind or kinds of beach material in contravention of the licence, prohibitory order or prohibitory notice concerned,

(II) for the purpose of preventing, or preventing the continuance or recurrence of such a contravention, require any person concerned to do, refrain from or cease doing any specified act or to refrain from or cease making any specified omission, and

(III) make such other provision as that Court considers appropriate.

(2) An application may be brought under subsection (1) of this section notwithstanding that a prosecution under the Principal Act has not been brought in respect of the matters to which the application relates.

(3) An application for an order under this section shall be in a summary manner, and the High Court when considering the mattermay make such interim or interlocutory order as it considers appropriate.

(4) The order by which an application under this section may be determined may contain such terms and conditions as to payment of costs as the High Court considers appropriate.




Substituted (15.01.2010) by Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009), s. 17, commenced as per s. 1(4).