Foreshore Act 1933

Erection of structures on foreshore.

10

10.(1) No person shall erect on any tidal lands not belonging to F68[the State] any building, pier, wall, or other permanent structure otherwise than in accordance with maps, plans, and specifications approved of by the F69[appropriate Minister].

(2) The F70[appropriate Minister] shall not refuse to approve under this section of any maps, plans, and specifications on any ground save that a structure erected in accordance with such maps, plans, and specifications would be or would cause or be likely to cause (directly or indirectly) an obstruction to navigation or to fishing F71[or would have or be likely to have significant adverse effects on the environment].

(3) Whenever any structure is erected in contravention of this section and the F72[appropriate Minister] is of opinion that such structure is or causes or is likely to cause (directly or indirectly) an obstruction to navigation or to fishing, F72[the appropriate Minister] may serve on the person by whom such structure was erected or, if such person is dead or (if a corporate body) is dissolved or if such person is not known or cannot be found, on any person in possession of such structure a notice in writing requiring such person to pull down and remove such structure within such time (not being less than one month) from the service of such notice as F72[the appropriate Minister] shall think proper and shall specify in such notice.

(4) Whenever a person on whom a notice has been served under the next preceding sub-section of this section fails to pull down and remove the structure to which such notice relates within the time specified in that behalf in such notice, the F72[appropriate Minister] may (as the case may require) pull down and remove or complete the pulling down and removal of such structure or cause (as the case may require) such structure to be pulled down and removed or the pulling down and removal thereof to be completed and (in any case) shall be entitled to be paid by and to recover from the said person on whom the said notice was so served the costs and expenses of such pulling down and removal or completion (as the case may be) as a civil debt in any Court of competent jurisdiction.

F73[(5) For the avoidance of doubt, it is hereby declared that where a reference in this section to the appropriate Minister means the Minister of the Government who falls within paragraph (a) or (b) of section 1B, that reference shall be construed as only enabling that Minister to perform functions under this section which relate to that Minister’s functions under either or both of those paragraphs.]

Annotations

Amendments:

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 8, 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 39, 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 40, commenced as per s. 1(4).

F71

Inserted (1.02.1990) by European Communities (Environmental Impact Assessment) Regulations 1989 (S.I. No. 349 of 1989), reg. 13(b), in effect as per reg. 2(1).

F72

Substituted (17.07.2023, establishment day) by Maritime Area Planning Act 2021 (50/2021), s. 176(a)(i), (ii), (b), commenced as per s. 1(6) and S.I. No. 372 of 2023.

F73

Inserted (17.07.2023, establishment day) by Maritime Area Planning Act 2021 (50/2021), s. 176(c), commenced as per s. 1(6) and S.I. No. 372 of 2023.

Editorial Notes:

E33

Minister empowered, with the consent of Minister for Finance, to prescribe fees for an application for an approval or an amendment of any such approval under section and to prescribe fees for an approval under section (1.07.2003) by Fisheries (Amendment) Act 2003 (21/2003), s. 32(1)(c), (e) and (2)(a), commenced on enactment, as amended (15.01.2010) by Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009), s. 21, commenced as per s. 1(4).

E34

Previous affecting provision: subss. (3), (4) amended (15.01.2010) by Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009), s. 6(2)(a) and sch. 1 part 1 items 41- 43, commenced as per s. 1(4); substituted (17.07.2023) as per F-note above.