Foreshore Act 1933

Prohibition of deposit of noxious articles.

14

14.—(1) No person shall throw, deposit, or leave on any tidal lands or throw into the sea adjacent to any such lands any glass, china, earthenware, metal, or other article (whether whole or broken) which would or might cause injury to a person bathing or wading on or from such lands or otherwise using such lands nor any material or substance (whether solid or liquid) which would or might be injurious or offensive to any such person.

(2) Every person who shall throw, deposit, or leave on any tidal lands, or throw into the sea any article, material, or substance in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

F109[(3) Whenever a person is convicted of an offence under subsection (2) of this section, the Court by whom such person is so convicted may, if appropriate in the circumstances and such Court so thinks proper, make an order requiring such person, within a specified time—

(a) to remove the article concerned from the place where it would or might cause injury to a person to whom subsection (1) of this section relates, or

(b) to remove such material or substance from a place where it would or might be injurious or offensive to a person to whom subsection (1) of this section relates.

(4) If any person in respect of whom an order has been made under subsection (3) of this section fails to comply with such order, such person shall be guilty of an offence under this subsection and shall 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.]

Annotations

Amendments:

F109

Inserted (23.12.1998) by Fisheries and Foreshore (Amendment) Act 1998 (54/1998), s. 5(1)(b), 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(2) and table ref. no. 1, S.I. No. 662 of 2010.

A fine of £100,000 converted (1.01.1999) to €126,974.

Modifications (not altering text):

C27

Penalties for an offence under subs. (2) prescribed (23.12.1998) by Fisheries and Foreshore (Amendment) Act 1998 (54/1998), s. 5(2), commenced on enactment. £1,500 converted (1.01.1999) to €1,904.61. This translates into a Class C fine, not exceeding €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:

E52

A fine of £5 converted (1.01.1999) to €6.35. This translates into a Class E fine, not exceeding €500, as provided (4.01.2011), by Fines Act 2010 (8/2010), ss. 3, 8 and table ref. no. 7, S.I. No. 662 of 2010.