Foreshore Act 1933

Prohibition of deposit of material on foreshore.

13

13.—(1) No person shall, without the consent of the F81[appropriate Minister] or otherwise than in accordance with such consent, deposit or cause to be deposited any material whatsoever on any foreshore nor on any seashore or other place from which such material would by the operation of gravity, wind, water or other natural cause escape or be transported to such foreshore.

(2) Every person who deposits or causes to be deposited any material whatsoever on any foreshore, seashore, or other place in contravention of this section shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

(3) Whenever a person is convicted of an offence under the next preceding sub-section of this section, the Court by whom such person is so convicted may, if such Court so thinks proper, make an order requiring such person, within a specified time, to remove the material in respect of the deposit of which he was so convicted from the foreshore, seashore, or other place in which it was so deposited, and to remove from such foreshore, seashore, or other place all other (if any) material deposited thereon by him in contravention of this section.

(4) If any person in respect of whom an order has been made under the next preceding sub-section of this section fails to comply with such order, such person shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds together with a further fine not exceeding one pound for every day during which such failure is continued.

Annotations

Amendments:

F81

Substituted (17.07.2023, establisment day) by Maritime Area Planning Act 2021 (50/2021), s. 179, commenced as per s. 1(6) and S.I. No. 372 of 2023.

Modifications (not altering text):

C26

Penalties for an offence under subs. (2) or (4) prescribed (23.12.1998) by Fisheries and Foreshore (Amendment) Act 1998 (54/1998), s. 5(2), commenced on enactment. A fine of £1,500 converted (1.01.1999) to €1,904.61. This translates into a class C fine, not greater than €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(3) and table ref. no. 1, S.I. No. 662 of 2010. A fine of £100,000 converted (1.01.1999) to €126,974.

Amendment of Act of 1933.

5.— ...

(2) A person who is guilty of an offence under subsection (2) or (4) of section 13, or subsection (2) of section 14 of the Act of 1933 shall, in lieu of the penalties provided under each of those subsections, be liable—

(a) on summary conviction, to a fine not exceeding £1,500, or to imprisonment for a term not exceeding 12 months, or to both, or

(b) on conviction on indictment, to a fine not exceeding £100,000, or to imprisonment for a term not exceeding two years, or to both.

Editorial Notes:

E37

A fine of £10 converted (1.01.1999) to €12.70. This translates into a class E fine, not greater than €500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 8(3) and table ref. no. 7, S.I. No. 662 of 2010.

A fine of £1 converted (1.01.1999) to €1.27. This translates into a class E fine, not greater than €500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 8(3) and table ref. no. 7, S.I. No. 662 of 2010.

E38

Minister empowered, with the consent of Minister for Finance, to prescribe fees for an application for a consent or an amendment of any such consent under section and to prescribe fees for a consent under section (1.07.2003) by Fisheries (Amendment) Act 2003 (21/2003), s. 32(1)(d), (e) and (2)(b), 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).

E39

Previous affecting provision: subs. (1) amended (15.01.2010) by Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009), s. 6(2)(a) and sch. 1 part 1 item 52, commenced as per s. 1(4); substituted (17.07.2023) as per F-note above.