(LRC Revised)
Statutory Text (1 Articles)
Number 12 of 1933
FORESHORE ACT 1933
REVISED
Updated to 14 May 2024
Changes to legislation
as of 10 July 2026, this Act is up to date with all changes known to be in force.
This Revised Act is an administrative consolidation of the
Foreshore Act 1933
. It is prepared by the Law Reform Commission in accordance with its function under
the
Law Reform Commission Act 1975
(3/1975) to keep the law under review and to undertake revision and consolidation
of statute law.
All Acts up to and including the
Employment (Collective
Redundancies and Miscellaneous Provisions) and Companies (Amendment) Act 2024
(14/2024), enacted 9 May 2024, and all statutory instruments up to and including the
Foreshore (Transfer of Departmental Administration and Ministerial Functions)
Order 2024
(S.I. No. 236 of 2024), made 14 May 2024, were considered in the
preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act,
the Law Reform Commission can assume no responsibility for and give no guarantees,
undertakings or warranties concerning the accuracy, completeness or up to date nature
of the information provided and does not accept any liability whatsoever arising from
any errors or omissions. Please notify any errors, omissions and comments by email
to
revisedacts@lawreform.ie.
Number
12
of
1933
FORESHORE ACT 1933
REVISED
Updated to 14 May 2024
ARRANGEMENT OF SECTIONS
Section
1.
Definitions.
1A.
Outer limit of foreshore.
1AA.
Subsoil below, and water column above, foreshore.
1B.
Meaning assigned to
"appropriate Minister" in Foreshore Acts 1933 to 2009.
1C.
References to foreshore in Foreshore Acts 1933 to 2009.
1D.
Interpretation,
Council Directive
1E.
Application - this Act and Maritime Area Planning Act 2021.
2.
Power for Minister to make leases of foreshore.
3.
Power for Minister to grant licences of foreshore.
3A.
Provisions relating to certain leases, licences, etc.
3AA.
Provisions relating to certain
other leases, licences, etc.
3B.
Provisions relating to certain applications for lease, licence or consent.
3BA.
Provisions relating to certain
other applications for lease, licence or consent.
3C.
Provisions relating to certain aquaculture licences.
3CA.
Provisions relating to certain
other aquaculture licences.
4.
Surrenders, releases and waivers in respect of leases and licences.
5.
Power for Minister to acquire foreshore, etc.
6.
Order prohibiting removal of
beach material from seashore.
(Repealed)
7.
Notice prohibiting removal of
beach material from foreshore.
(Repealed)
8.
Regulations in respect of the
public use of foreshore.
(Repealed)
9.
Authorisation by Minister of
sea defence works.
(Repealed)
10.
Erection of structures on foreshore.
11.
Removal of dilapidated structures from foreshore.
12.
Structures unlawfully erected on State foreshore.
13.
Prohibition of deposit of material on foreshore.
13A.
Environmental impact assessment of certain proposals relating to the foreshore.
13AA.
Compliance by developer.
13B.
Environmental impact assessments, etc., carried out by the Minister for Communications,
Energy and Natural Resources.
13C.
Environmental impact assessments - special cases.
14.
Prohibition of deposit of noxious articles.
15.
Evidence of title to foreshore.
16.
Jurisdiction of the Circuit Court.
16A.
Provisions with respect to certain court proceedings.
16B.
Provisions with respect to certain other court proceedings.
17.
Notice to Minister of certain
sales, etc., of foreshore.
(Repealed)
18.
Public inquiries.
18A.
Regulations relating to the submission of observations by certain bodies.
19.
Notice of proposal or application for order, lease, or licence.
19A.
Procedure in regard to certain relevant applications.
19B.
Minister to have regard to certain matters in considering certain relevant applications.
19C.
Consultation with other Member States of European Communities.
20.
Laying of annual statement before the Oireachtas.
21.
Publication of orders under this Act.
21A.
Publication of notice of Minister‘s decision in relation to certain relevant applications.
21B.
Contents of notice under s. 21A.
22.
Financial provisions.
23.
Recovery of expenses of making orders.
24.
Exclusion of application of certain Acts.
25.
Repeals.
26.
Short title.
SCHEDULE
Acts Referred to
State La1e.nds Act, 1924
No. 45 of 1924
Mines and Minerals Act, 1931
No. 54 of 1931
Number
12
of
1933
FORESHORE ACT 1933
REVISED
Updated to 14 May 2024
AN ACT TO MAKE PROVISION FOR THE GRANTING OF LEASES AND LICENCES IN RESPECT OF FORESHORE
BELONGING TO SAORSTÁT EIREANN AND TO AMEND GENERALLY THE LAW RELATING TO FORESHORE AND THE SEASHORE. [30
th June,
1933.]
BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—
Annotations
Modifications (not altering text)
C1
Application of collectively cited
Foreshore Acts 1933 to 2011
affected (21.09.2011) by
European Communities (Birds and Natural Habitats) Regulations 2011
(S.I. No. 477 of 2011), regs. 42(22), 63(2) and sch. 2, in effect as per reg. 1(3).
Screening for Appropriate Assessment and Appropriate Assessment of implications for
European Sites
42. ...
(22) Notwithstanding any provision of any statute listed in the
Second Schedule
that provides for the consent for a plan or project to which this Regulation applies
to be obtained by default on the failure of the public authority to provide a response
within a specified timescale or otherwise, that provision shall not have effect in
respect of any plan or project to which this Regulation applies.
...
General provisions regarding licences etc
63. ...
(2) A licence, consent, permission, permit, derogation or other authorisation given
under these Regulations or under any of the enactments referred to in the
Second Schedule
may include conditions requiring compliance with any guideline or code of practice
issued under
Regulation 71
or such provisions thereof as may be specified in the conditions.
...
SECOND SCHEDULE
Number
Year
Short Title/Citation
...
...
...
...
...
Foreshore Acts 1933 to 2011
...
C2
Certain functions in relation to collectively cited
Foreshore Acts 1933 to 2009
transferred (7.07.2011) by
Foreshore (Amendment) Act 2011
(11/2011), s. 1, commenced on enactment, subject to transitional provisions in other
sections of Act.
Transfer and vesting of certain foreshore functions.
1
.— (1) Except as provided for by
subsection (2),
the functions, immediately before the passing of this Act, of the Minister for Agriculture,
Fisheries and Food under the Foreshore Acts 1933 to 2009 are, on such passing, transferred
to the Minister for the Environment, Community and Local Government and this subsection
has effect for the purpose of vesting in the Minister for the Environment, Community
and Local Government the functions so transferred.
(2) The following functions of the Minister for Agriculture, Fisheries and Food under
the Foreshore Acts 1933 to 2009 remain with and continue to be functions of that Minister
(
a
) any function in relation to a fishery harbour centre,
(
b
) any function in respect of—
(i) an activity which is wholly or primarily for the use, development or support of
aquaculture, or
(ii) an activity which is wholly or primarily for the use, development or support
of sea-fishing including the processing and sale of sea-fish and manufacture of products
derived from sea-fish.
(3) The administration and business in connection with the performance of any functions
transferred to the Minister for the Environment, Community and Local Government from
the Minister for Agriculture, Fisheries and Food by
subsection (1)
are, on the passing of this Act, transferred to the Department of the Environment,
Community and Local Government.
C3
Certain functions under collectively cited
Foreshore Acts 1933 to 2005
transferred (15.01.2010) by
Foreshore and Dumping at Sea (Amendment) Act 2009
(39/2009), s. 3, commenced as per s. 1(4).
Transfer and vesting of certain foreshore functions.
3
.— (1) Such of the functions, immediately before the commencement date, of the Minister
for Agriculture, Fisheries and Food under the Foreshore Acts 1933 to 2005 to which
this Part and
Schedule 1
relate are, on that date, transferred to the Minister for the Environment, Heritage
and Local Government in accordance with and to the extent provided for by this Part
and that Schedule and those provisions have effect for the purpose of vesting in the
Minister for the Environment, Heritage and Local Government the functions so transferred.
(2) The administration and business in connection with the performance of any functions
transferred to the Minister for the Environment, Heritage and Local Government from
the Minister for Agriculture, Fisheries and Food by
subsection (1)
are, on the commencement date, transferred to the Department of the Environment,
Heritage and Local Government.
C4
Provision for additional foreshore functions to be vested in the Minister for the
Environment, Heritage and Local Government made (15.01.2010) by
Foreshore and Dumping at Sea (Amendment) Act 2009
(39/2009), s. 4, commenced as per s. 1(4).
Vesting of additional foreshore functions in Minister for the Environment, Heritage
and Local Government, etc.
4
.— (1) The functions of the Minister for the Environment, Heritage and Local Government
and the Minister for Agriculture, Fisheries and Food under the
Foreshore Acts 1933 to 2009
and to which section 1B (inserted by
section 6
) of the Act of 1933 relates may be vested in the same Minister of the Government
pursuant to an order under
section 6
(1) of the
Ministers and Secretaries (Amendment) Act 1939
.
(2) In relation to the functions of the Minister for the Environment, Heritage and
Local Government under the
Foreshore Acts 1933 to 2009
, any function vested in another Minister of the Government by or under any provision
of any other Act, where that function relates or corresponds to functions of the Minister
for the Environment, Heritage and Local Government under the
Foreshore Acts 1933 to 2009
, may be transferred under
section 6
(1) of the
Ministers and Secretaries (Amendment) Act 1939
to the Minister for the Environment, Heritage and Local Government and, for that
purpose, such order may also—
(
a
) in respect of provisions containing the function which so relates or corresponds,
transfer to any Minister of the Government some or all of the function which does
not so relate or correspond,
(
b
) transfer the functions concerned to the Minister for the Environment, Heritage and
Local Government notwithstanding any requirement relating to the consent or approval
of or consultation with that Minister would be required as part of the exercise by
that other Minister of the function concerned before such transfer,
(
c
) transfer to the Department of State concerned the administration and business in
connection with the exercise, performance or execution of any functions transferred
by
section 6
(1) of the
Ministers and Secretaries (Amendment) Act 1939
and to which
paragraph (a)
or
(b)
relate.
C5
Application of collectively cited
Foreshore Acts 1933 to 1992
to be reviewed and subject to new conditions as provided (30.07.2009) by
European Communities Environmental Objectives (Surface Waters) Regulations 2009
(S.I. No. 272 of 2009), regs. 7, 9 and 11, in effect as per reg. 1(2).
Emission controls and environmental quality standards
7. Point source and diffuse source discharges liable to cause water pollution are
prohibited except where subject to a system of prior authorisation or registration
based on general binding rules. A public authority that authorises a discharge to
waters shall lay down emission limits in the authorisation granted that satisfy the
following requirements
(
a
) the emission limits shall establish the maximum concentration and the maximum quantity
of a substance permissible in a discharge and shall aim to achieve the environmental
objectives established in Part III of these Regulations including the environmental
quality standards set out in Schedules 5 and 6 and any standards or objectives laid
down for protected areas, and
(
b
) discharges shall be controlled according to the combined approach whereby emission
limits shall be established according to the stricter of the requirements which would
result from the application of limits which aim to achieve the quality standards referred
to in sub- paragraph (
a
) and, where relevant, the application of limits based on—
(i) emission controls based on best available techniques, or
(ii) relevant emission limit values, or
(iii) in the case of diffuse impacts controls including, as appropriate, best environmental
practices set out in
— a specification prepared by the Agency in accordance with
section 5
of the
Environmental Protection Agency Act 1992
as amended by
section 7
of the
Protection of the Environment Act 2003
or
— the Urban Waste Water Treatment Regulations 2001 (
S.I. No. 254 of 2001
) as amended by the Urban Waste Water Treatment (Amendment) Regulations 2004 (
S.I. No. 440 of 2004
) or any future amendment thereof or
— the European Communities (Good Agricultural Practice for Protection of Waters) Regulations
2009 (
S.I. No. 101 of 2009
) or any future amendment thereof or
— the
Local Government (Water Pollution) Act, 1977
(Control of Cadmium Discharges) Regulations 1985 (
S.I. No. 294 of 1985
) or
— the
Local Government (Water Pollution) Act, 1977
(Control of Hexachlorocyclohexane and Mercury Discharges) Regulations 1986 (
S.I. No. 55 of 1986
) or
— the Local Government (Water Pollution) Acts, 1977 and 1990 (Control of Carbon Tetrachloride,
DDT and Pentachlorophenol Discharges) Regulations 1994 (
S.I. No. 43 of 1994
) or
— measures or controls identified in a pollution reduction plan for the river basin
district prepared in accordance with Part V of these Regulations for the reduction
of pollution by priority substances or the ceasing or phasing out of emissions, discharges
and losses of priority hazardous substances.
...
9. Requirements under Article 7 shall apply to all new authorisations to discharge
into surface waters and to reviews of existing authorisations, granted under the Dumping
at Sea Acts 1996-2004, the Foreshore Acts 1933-1992, the Fisheries Acts 1959-2003,
the Act of 1977, the Act of 1992, the Act of 1996 and Regulations made for such purpose
under the Act of 1972, or any other enactment, from the date of coming into force
of these Regulations.
...
Review of existing authorisations
11. (1) Notwithstanding any existing provisions of the Acts or Regulations referred
to in Article 9, or any Regulation made to give effect to a requirement of the said
Acts, a public authority shall as soon as may be practicable, but not later than 22
December 2012 and sooner if required or where directed by the Minister,
(
a
) examine the terms of every authorisation or revised authorisation to which Article
9 applies and for the time being in force and determine whether, having regard to
the requirements of Article 7 of these Regulations, the authorisation or revised authorisation
requires to be reviewed for the purposes of compliance with the said Article, and
(
b
) if the authorisation or revised authorisation requires to be so reviewed complete
such a review by the required date, or
(
c
) if the authorisation or revised authorisation does not require to be so reviewed
and accordingly, that no further action is required, declare in writing that this
is the case.
(2) A public authority shall from time to time carry out such further examination,
and where necessary review, of authorisations as may be necessary to ensure compliance
with the environmental objectives and quality standards established by these Regulations.
C6
Application of Act restricted by
Planning and Development Act 2000
(30/2000), s. 228(5) as inserted (17.10.2006) by
Planning and Development (Strategic Infrastructure) Act 2006
(27/2006), s. 45, S.I. No. 525 of 2006.
Entering on foreshore for certain purposes.
228.
...
(5) No licence shall be required under the Foreshore Act 1933 in respect of any such
entry or any site investigations carried out in accordance with this section.
C7
Application of collectively cited
Foreshore Acts 1933 to 2005
restricted (11.03.2002) by
Planning and Development Act 2000
(30/2000), s. 227(8), S.I. No. 599 of 2001, as substituted (17.10.2006) by
Planning and Development (Strategic Infrastructure) Act 2006
(27/2006), s. 44(b), S.I. No. 525 of 2006.
Acquisition of land etc. on foreshore.
227.
— ...
[
(8) (
a
) Subject to paragraph (
b
), the Foreshore Acts 1933 to 2005 shall not apply in relation to any application
to the Board under section 226, or matters to which subsection (5)(
b
) applies or a scheme submitted under section 49 of the Roads Act 1993.
(
b
) In any case where a local authority that is a planning authority applies for an
approval for proposed development under section 226 or has been granted such an approval
by the Board, but has not sought the compulsory acquisition of any foreshore on which
the proposed development would be carried out under an enactment specified in section
214, the authority may apply for a lease or licence under section 2 or 3 of the Foreshore
Act 1933 in respect of that proposed development; in such cases, it shall not, notwithstanding
the provisions of any other enactment, be necessary for—
(i) the local authority to submit an environmental impact statement in connection
with its application for such lease or licence, or
(ii) the Minister for Communications, Marine and Natural Resources to consider the
likely effects on the environment of the proposed development.
]
...
C8
Application of collectively cited
Foreshore Acts 1933 and 1992
extended to offences committed by officers of a body corporate (20.07.1992) by
Foreshore (Amendment) Act 1992
(17/1992), s. 8, commenced on enactment.
Offences committed by body corporate.
8.
—
(1)
Where an offence under the
Foreshore Acts, 1933 and 1992
, has been committed by a body corporate and it is proved to have been so committed
with the consent or connivance of or to be attributable to any neglect on the part
of any person who, when the offence was committed, was a director, manager, secretary
or other officer of the body corporate, or a person purporting to act in any such
capacity, that person, as well as the body corporate, shall be guilty of an offence
and shall be liable to be proceeded against and punished as if he were guilty of the
first-mentioned offence.
(2)
Where the affairs of a body corporate are managed by its members,
subsection
(
1
) of this section shall apply in relation to the acts and defaults of a member in
connection with the functions of management as if he were a director or manager of
the body corporate.
C9
Application of Act restricted (14.11.1940) by
Minerals Development Act 1940
(31/1940), s. 5, commenced on enactment.
5.
—
The following minerals and exclusive mining rights shall be State minerals for the
purposes of this Act and the expression “
State minerals
” shall in this Act be construed accordingly, that is to say:— ...
(
d
)
notwithstanding anything contained in the
Foreshore Act, 1933
(No. 12 of 1933), and without prejudice to the generality of paragraphs (
a
) and (
b
) of this section, any minerals lying on or under foreshore belonging to the State
within the meaning of that Act, as adapted in consequence of the enactment of the
Constitution;
...
Editorial Notes
E1
Provision for costs of certain proceedings under Act to be borne by each party in
certain circumstances made (7.07.2011) by
Environment (Miscellaneous Provisions) Act 2011
(20/2011), Part 2 (ss. 3-8), commenced on enactment. The 2011 Act, s. 8 provides
for judicial notice to be taken of the Convention on Access to Information, Public
Participation in Decision-Making and Access to Justice in Environmental Matters done
at Aarhus, Denmark on 25 June 1998.
E2
Validity of certain documents, approvals and consents under Act continued (7.07.2011)
by
Foreshore (Amendment) Act 2011
(11/2011), s. 6, commenced on enactment.
E3
A summary offence under the collectively cited
Foreshore Acts 1933 to 2009
may be prosecuted under ss. 6, 7, 13 or 14 of the Act or s. 6 of the
Foreshore (Amendment) Act 1992
by the Minister for the Environment, Heritage and Local Government; under s. 8(2)
of the Act by the appropriate Minister; or by a local authority in respect of any
area of seashore which is in whole or in part within its functional area or contiguous
thereto as provided (20.07.1992) by
Foreshore (Amendment) Act 1992
(17/1992), s. 7, commenced on enactment, as substituted (15.01.2010) by
Foreshore and Dumping at Sea (Amendment) Act 2009
(39/2009) s. 19, commenced as per s. 1(4).
E4
Provision for carrying forward of certain regulations and orders made prior to commencement
of
Foreshore and Dumping at Sea (Amendment) Act 2009
(39/2009) in relation to functions exercisable by the Minister for the Environment,
Heritage and Local Government and other transitional provisions made (15.12.2009)
by
Foreshore and Dumping at Sea (Amendment) Act 2009
(39/2009), s. 23 and ss. 22-27, commenced as per s. 1(4).
E5
Nothing in the
Gas Acts 1976 to 1995
, or the
Petroleum and Other Minerals Development Acts 1960 and 1995
, are to prejudice the provisions of the
Foreshore Acts 1933 and 1992
as provided (21.12.1995) by
Energy (Miscellaneous Provisions) Act 1995
, s. 35, commenced on enactment.
E6
Previous affecting provision: functions in relation to collectively cited
Foreshore Acts 1933 to 2005
transferred and references to “Department of Communications, Marine and Natural Resources” and “Minister for Communications, Marine and Natural Resources” construed (19.10.2007) by
Sea Fisheries, Foreshore and Dumping at Sea (Transfer of Departmental Administration
and Ministerial Functions) Order 2007
(S.I. No. 707 of 2007), arts. 2, 3 and sch. part 1, in effect as per art. 1.
E7
Previous affecting provision: application of collectively cited
Foreshore Acts 1933 to 1992
restricted (26.02.1997) by
European Communities (Natural Habitats) Regulations 1997
(S.I. No. 94 of 1997), reg. 15(2); revoked (21.09.2011) by
European Communities (Birds and Natural Habitats) Regulations 2011
(S.I. No. 477 of 2011), reg. 73(1).
E8
Previous affecting provision: functions in relation to Act transferred and references
to “Department of Communications” and “Minister for Communications” construed (31.03.1987) by
Communications (Transfer of Departmental Administration and Ministerial Functions)
Order 1987
(S.I. No. 91 of 1987), arts. 3, 4 and sch. part 1, in effect as per art. 1(2).
E9
Previous affecting provision: functions in relation to Act transferred and references
to “Department of Industry and Commerce” and “Minister for Industry and Commerce” construed (27.07.1959) by
Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial
Functions) Order 1959
(S.I. No. 125 of 1959), arts. 3, 4(1) and (4) and sch. 1 part 1 item 15.
Annotations
Modifications (not altering text)
C1
Application of collectively cited
Foreshore Acts 1933 to 2011
affected (21.09.2011) by
European Communities (Birds and Natural Habitats) Regulations 2011
(S.I. No. 477 of 2011), regs. 42(22), 63(2) and sch. 2, in effect as per reg. 1(3).
Screening for Appropriate Assessment and Appropriate Assessment of implications for
European Sites
42. ...
(22) Notwithstanding any provision of any statute listed in the
Second Schedule
that provides for the consent for a plan or project to which this Regulation applies
to be obtained by default on the failure of the public authority to provide a response
within a specified timescale or otherwise, that provision shall not have effect in
respect of any plan or project to which this Regulation applies.
...
General provisions regarding licences etc
63. ...
(2) A licence, consent, permission, permit, derogation or other authorisation given
under these Regulations or under any of the enactments referred to in the
Second Schedule
may include conditions requiring compliance with any guideline or code of practice
issued under
Regulation 71
or such provisions thereof as may be specified in the conditions.
...
SECOND SCHEDULE
Number
Year
Short Title/Citation
...
...
...
...
...
Foreshore Acts 1933 to 2011
...
C2
Certain functions in relation to collectively cited
Foreshore Acts 1933 to 2009
transferred (7.07.2011) by
Foreshore (Amendment) Act 2011
(11/2011), s. 1, commenced on enactment, subject to transitional provisions in other
sections of Act.
Transfer and vesting of certain foreshore functions.
1
.— (1) Except as provided for by
subsection (2),
the functions, immediately before the passing of this Act, of the Minister for Agriculture,
Fisheries and Food under the Foreshore Acts 1933 to 2009 are, on such passing, transferred
to the Minister for the Environment, Community and Local Government and this subsection
has effect for the purpose of vesting in the Minister for the Environment, Community
and Local Government the functions so transferred.
(2) The following functions of the Minister for Agriculture, Fisheries and Food under
the Foreshore Acts 1933 to 2009 remain with and continue to be functions of that Minister
(
a
) any function in relation to a fishery harbour centre,
(
b
) any function in respect of—
(i) an activity which is wholly or primarily for the use, development or support of
aquaculture, or
(ii) an activity which is wholly or primarily for the use, development or support
of sea-fishing including the processing and sale of sea-fish and manufacture of products
derived from sea-fish.
(3) The administration and business in connection with the performance of any functions
transferred to the Minister for the Environment, Community and Local Government from
the Minister for Agriculture, Fisheries and Food by
subsection (1)
are, on the passing of this Act, transferred to the Department of the Environment,
Community and Local Government.
C3
Certain functions under collectively cited
Foreshore Acts 1933 to 2005
transferred (15.01.2010) by
Foreshore and Dumping at Sea (Amendment) Act 2009
(39/2009), s. 3, commenced as per s. 1(4).
Transfer and vesting of certain foreshore functions.
3
.— (1) Such of the functions, immediately before the commencement date, of the Minister
for Agriculture, Fisheries and Food under the Foreshore Acts 1933 to 2005 to which
this Part and
Schedule 1
relate are, on that date, transferred to the Minister for the Environment, Heritage
and Local Government in accordance with and to the extent provided for by this Part
and that Schedule and those provisions have effect for the purpose of vesting in the
Minister for the Environment, Heritage and Local Government the functions so transferred.
(2) The administration and business in connection with the performance of any functions
transferred to the Minister for the Environment, Heritage and Local Government from
the Minister for Agriculture, Fisheries and Food by
subsection (1)
are, on the commencement date, transferred to the Department of the Environment,
Heritage and Local Government.
C4
Provision for additional foreshore functions to be vested in the Minister for the
Environment, Heritage and Local Government made (15.01.2010) by
Foreshore and Dumping at Sea (Amendment) Act 2009
(39/2009), s. 4, commenced as per s. 1(4).
Vesting of additional foreshore functions in Minister for the Environment, Heritage
and Local Government, etc.
4
.— (1) The functions of the Minister for the Environment, Heritage and Local Government
and the Minister for Agriculture, Fisheries and Food under the
Foreshore Acts 1933 to 2009
and to which section 1B (inserted by
section 6
) of the Act of 1933 relates may be vested in the same Minister of the Government
pursuant to an order under
section 6
(1) of the
Ministers and Secretaries (Amendment) Act 1939
.
(2) In relation to the functions of the Minister for the Environment, Heritage and
Local Government under the
Foreshore Acts 1933 to 2009
, any function vested in another Minister of the Government by or under any provision
of any other Act, where that function relates or corresponds to functions of the Minister
for the Environment, Heritage and Local Government under the
Foreshore Acts 1933 to 2009
, may be transferred under
section 6
(1) of the
Ministers and Secretaries (Amendment) Act 1939
to the Minister for the Environment, Heritage and Local Government and, for that
purpose, such order may also—
(
a
) in respect of provisions containing the function which so relates or corresponds,
transfer to any Minister of the Government some or all of the function which does
not so relate or correspond,
(
b
) transfer the functions concerned to the Minister for the Environment, Heritage and
Local Government notwithstanding any requirement relating to the consent or approval
of or consultation with that Minister would be required as part of the exercise by
that other Minister of the function concerned before such transfer,
(
c
) transfer to the Department of State concerned the administration and business in
connection with the exercise, performance or execution of any functions transferred
by
section 6
(1) of the
Ministers and Secretaries (Amendment) Act 1939
and to which
paragraph (a)
or
(b)
relate.
C5
Application of collectively cited
Foreshore Acts 1933 to 1992
to be reviewed and subject to new conditions as provided (30.07.2009) by
European Communities Environmental Objectives (Surface Waters) Regulations 2009
(S.I. No. 272 of 2009), regs. 7, 9 and 11, in effect as per reg. 1(2).
Emission controls and environmental quality standards
7. Point source and diffuse source discharges liable to cause water pollution are
prohibited except where subject to a system of prior authorisation or registration
based on general binding rules. A public authority that authorises a discharge to
waters shall lay down emission limits in the authorisation granted that satisfy the
following requirements
(
a
) the emission limits shall establish the maximum concentration and the maximum quantity
of a substance permissible in a discharge and shall aim to achieve the environmental
objectives established in Part III of these Regulations including the environmental
quality standards set out in Schedules 5 and 6 and any standards or objectives laid
down for protected areas, and
(
b
) discharges shall be controlled according to the combined approach whereby emission
limits shall be established according to the stricter of the requirements which would
result from the application of limits which aim to achieve the quality standards referred
to in sub- paragraph (
a
) and, where relevant, the application of limits based on—
(i) emission controls based on best available techniques, or
(ii) relevant emission limit values, or
(iii) in the case of diffuse impacts controls including, as appropriate, best environmental
practices set out in
— a specification prepared by the Agency in accordance with
section 5
of the
Environmental Protection Agency Act 1992
as amended by
section 7
of the
Protection of the Environment Act 2003
or
— the Urban Waste Water Treatment Regulations 2001 (
S.I. No. 254 of 2001
) as amended by the Urban Waste Water Treatment (Amendment) Regulations 2004 (
S.I. No. 440 of 2004
) or any future amendment thereof or
— the European Communities (Good Agricultural Practice for Protection of Waters) Regulations
2009 (
S.I. No. 101 of 2009
) or any future amendment thereof or
— the
Local Government (Water Pollution) Act, 1977
(Control of Cadmium Discharges) Regulations 1985 (
S.I. No. 294 of 1985
) or
— the
Local Government (Water Pollution) Act, 1977
(Control of Hexachlorocyclohexane and Mercury Discharges) Regulations 1986 (
S.I. No. 55 of 1986
) or
— the Local Government (Water Pollution) Acts, 1977 and 1990 (Control of Carbon Tetrachloride,
DDT and Pentachlorophenol Discharges) Regulations 1994 (
S.I. No. 43 of 1994
) or
— measures or controls identified in a pollution reduction plan for the river basin
district prepared in accordance with Part V of these Regulations for the reduction
of pollution by priority substances or the ceasing or phasing out of emissions, discharges
and losses of priority hazardous substances.
...
9. Requirements under Article 7 shall apply to all new authorisations to discharge
into surface waters and to reviews of existing authorisations, granted under the Dumping
at Sea Acts 1996-2004, the Foreshore Acts 1933-1992, the Fisheries Acts 1959-2003,
the Act of 1977, the Act of 1992, the Act of 1996 and Regulations made for such purpose
under the Act of 1972, or any other enactment, from the date of coming into force
of these Regulations.
...
Review of existing authorisations
11. (1) Notwithstanding any existing provisions of the Acts or Regulations referred
to in Article 9, or any Regulation made to give effect to a requirement of the said
Acts, a public authority shall as soon as may be practicable, but not later than 22
December 2012 and sooner if required or where directed by the Minister,
(
a
) examine the terms of every authorisation or revised authorisation to which Article
9 applies and for the time being in force and determine whether, having regard to
the requirements of Article 7 of these Regulations, the authorisation or revised authorisation
requires to be reviewed for the purposes of compliance with the said Article, and
(
b
) if the authorisation or revised authorisation requires to be so reviewed complete
such a review by the required date, or
(
c
) if the authorisation or revised authorisation does not require to be so reviewed
and accordingly, that no further action is required, declare in writing that this
is the case.
(2) A public authority shall from time to time carry out such further examination,
and where necessary review, of authorisations as may be necessary to ensure compliance
with the environmental objectives and quality standards established by these Regulations.
C6
Application of Act restricted by
Planning and Development Act 2000
(30/2000), s. 228(5) as inserted (17.10.2006) by
Planning and Development (Strategic Infrastructure) Act 2006
(27/2006), s. 45, S.I. No. 525 of 2006.
Entering on foreshore for certain purposes.
228.
...
(5) No licence shall be required under the Foreshore Act 1933 in respect of any such
entry or any site investigations carried out in accordance with this section.
C7
Application of collectively cited
Foreshore Acts 1933 to 2005
restricted (11.03.2002) by
Planning and Development Act 2000
(30/2000), s. 227(8), S.I. No. 599 of 2001, as substituted (17.10.2006) by
Planning and Development (Strategic Infrastructure) Act 2006
(27/2006), s. 44(b), S.I. No. 525 of 2006.
Acquisition of land etc. on foreshore.
227.
— ...
[
(8) (
a
) Subject to paragraph (
b
), the Foreshore Acts 1933 to 2005 shall not apply in relation to any application
to the Board under section 226, or matters to which subsection (5)(
b
) applies or a scheme submitted under section 49 of the Roads Act 1993.
(
b
) In any case where a local authority that is a planning authority applies for an
approval for proposed development under section 226 or has been granted such an approval
by the Board, but has not sought the compulsory acquisition of any foreshore on which
the proposed development would be carried out under an enactment specified in section
214, the authority may apply for a lease or licence under section 2 or 3 of the Foreshore
Act 1933 in respect of that proposed development; in such cases, it shall not, notwithstanding
the provisions of any other enactment, be necessary for—
(i) the local authority to submit an environmental impact statement in connection
with its application for such lease or licence, or
(ii) the Minister for Communications, Marine and Natural Resources to consider the
likely effects on the environment of the proposed development.
]
...
C8
Application of collectively cited
Foreshore Acts 1933 and 1992
extended to offences committed by officers of a body corporate (20.07.1992) by
Foreshore (Amendment) Act 1992
(17/1992), s. 8, commenced on enactment.
Offences committed by body corporate.
8.
—
(1)
Where an offence under the
Foreshore Acts, 1933 and 1992
, has been committed by a body corporate and it is proved to have been so committed
with the consent or connivance of or to be attributable to any neglect on the part
of any person who, when the offence was committed, was a director, manager, secretary
or other officer of the body corporate, or a person purporting to act in any such
capacity, that person, as well as the body corporate, shall be guilty of an offence
and shall be liable to be proceeded against and punished as if he were guilty of the
first-mentioned offence.
(2)
Where the affairs of a body corporate are managed by its members,
subsection
(
1
) of this section shall apply in relation to the acts and defaults of a member in
connection with the functions of management as if he were a director or manager of
the body corporate.
C9
Application of Act restricted (14.11.1940) by
Minerals Development Act 1940
(31/1940), s. 5, commenced on enactment.
5.
—
The following minerals and exclusive mining rights shall be State minerals for the
purposes of this Act and the expression “
State minerals
” shall in this Act be construed accordingly, that is to say:— ...
(
d
)
notwithstanding anything contained in the
Foreshore Act, 1933
(No. 12 of 1933), and without prejudice to the generality of paragraphs (
a
) and (
b
) of this section, any minerals lying on or under foreshore belonging to the State
within the meaning of that Act, as adapted in consequence of the enactment of the
Constitution;
...
Editorial Notes
E1
Provision for costs of certain proceedings under Act to be borne by each party in
certain circumstances made (7.07.2011) by
Environment (Miscellaneous Provisions) Act 2011
(20/2011), Part 2 (ss. 3-8), commenced on enactment. The 2011 Act, s. 8 provides
for judicial notice to be taken of the Convention on Access to Information, Public
Participation in Decision-Making and Access to Justice in Environmental Matters done
at Aarhus, Denmark on 25 June 1998.
E2
Validity of certain documents, approvals and consents under Act continued (7.07.2011)
by
Foreshore (Amendment) Act 2011
(11/2011), s. 6, commenced on enactment.
E3
A summary offence under the collectively cited
Foreshore Acts 1933 to 2009
may be prosecuted under ss. 6, 7, 13 or 14 of the Act or s. 6 of the
Foreshore (Amendment) Act 1992
by the Minister for the Environment, Heritage and Local Government; under s. 8(2)
of the Act by the appropriate Minister; or by a local authority in respect of any
area of seashore which is in whole or in part within its functional area or contiguous
thereto as provided (20.07.1992) by
Foreshore (Amendment) Act 1992
(17/1992), s. 7, commenced on enactment, as substituted (15.01.2010) by
Foreshore and Dumping at Sea (Amendment) Act 2009
(39/2009) s. 19, commenced as per s. 1(4).
E4
Provision for carrying forward of certain regulations and orders made prior to commencement
of
Foreshore and Dumping at Sea (Amendment) Act 2009
(39/2009) in relation to functions exercisable by the Minister for the Environment,
Heritage and Local Government and other transitional provisions made (15.12.2009)
by
Foreshore and Dumping at Sea (Amendment) Act 2009
(39/2009), s. 23 and ss. 22-27, commenced as per s. 1(4).
E5
Nothing in the
Gas Acts 1976 to 1995
, or the
Petroleum and Other Minerals Development Acts 1960 and 1995
, are to prejudice the provisions of the
Foreshore Acts 1933 and 1992
as provided (21.12.1995) by
Energy (Miscellaneous Provisions) Act 1995
, s. 35, commenced on enactment.
E6
Previous affecting provision: functions in relation to collectively cited
Foreshore Acts 1933 to 2005
transferred and references to “Department of Communications, Marine and Natural Resources” and “Minister for Communications, Marine and Natural Resources” construed (19.10.2007) by
Sea Fisheries, Foreshore and Dumping at Sea (Transfer of Departmental Administration
and Ministerial Functions) Order 2007
(S.I. No. 707 of 2007), arts. 2, 3 and sch. part 1, in effect as per art. 1.
E7
Previous affecting provision: application of collectively cited
Foreshore Acts 1933 to 1992
restricted (26.02.1997) by
European Communities (Natural Habitats) Regulations 1997
(S.I. No. 94 of 1997), reg. 15(2); revoked (21.09.2011) by
European Communities (Birds and Natural Habitats) Regulations 2011
(S.I. No. 477 of 2011), reg. 73(1).
E8
Previous affecting provision: functions in relation to Act transferred and references
to “Department of Communications” and “Minister for Communications” construed (31.03.1987) by
Communications (Transfer of Departmental Administration and Ministerial Functions)
Order 1987
(S.I. No. 91 of 1987), arts. 3, 4 and sch. part 1, in effect as per art. 1(2).
E9
Previous affecting provision: functions in relation to Act transferred and references
to “Department of Industry and Commerce” and “Minister for Industry and Commerce” construed (27.07.1959) by
Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial
Functions) Order 1959
(S.I. No. 125 of 1959), arts. 3, 4(1) and (4) and sch. 1 part 1 item 15.
Section
1.
Definitions.
1A.
Outer limit of foreshore.
1AA.
Subsoil below, and water column above, foreshore.
1B.
Meaning assigned to
"appropriate Minister" in Foreshore Acts 1933 to 2009.
1C.
References to foreshore in Foreshore Acts 1933 to 2009.
1D.
Interpretation,
Council Directive
1E.
Application - this Act and Maritime Area Planning Act 2021.
2.
Power for Minister to make leases of foreshore.
3.
Power for Minister to grant licences of foreshore.
3A.
Provisions relating to certain leases, licences, etc.
3AA.
Provisions relating to certain
other leases, licences, etc.
3B.
Provisions relating to certain applications for lease, licence or consent.
3BA.
Provisions relating to certain
other applications for lease, licence or consent.
3C.
Provisions relating to certain aquaculture licences.
3CA.
Provisions relating to certain
other aquaculture licences.
4.
Surrenders, releases and waivers in respect of leases and licences.
5.
Power for Minister to acquire foreshore, etc.
6.
Order prohibiting removal of
beach material from seashore.
(Repealed)
7.
Notice prohibiting removal of
beach material from foreshore.
(Repealed)
8.
Regulations in respect of the
public use of foreshore.
(Repealed)
9.
Authorisation by Minister of
sea defence works.
(Repealed)
10.
Erection of structures on foreshore.
11.
Removal of dilapidated structures from foreshore.
12.
Structures unlawfully erected on State foreshore.
13.
Prohibition of deposit of material on foreshore.
13A.
Environmental impact assessment of certain proposals relating to the foreshore.
13AA.
Compliance by developer.
13B.
Environmental impact assessments, etc., carried out by the Minister for Communications,
Energy and Natural Resources.
13C.
Environmental impact assessments - special cases.
14.
Prohibition of deposit of noxious articles.
15.
Evidence of title to foreshore.
16.
Jurisdiction of the Circuit Court.
16A.
Provisions with respect to certain court proceedings.
16B.
Provisions with respect to certain other court proceedings.
17.
Notice to Minister of certain
sales, etc., of foreshore.
(Repealed)
18.
Public inquiries.
18A.
Regulations relating to the submission of observations by certain bodies.
19.
Notice of proposal or application for order, lease, or licence.
19A.
Procedure in regard to certain relevant applications.
19B.
Minister to have regard to certain matters in considering certain relevant applications.
19C.
Consultation with other Member States of European Communities.
20.
Laying of annual statement before the Oireachtas.
21.
Publication of orders under this Act.
21A.
Publication of notice of Minister‘s decision in relation to certain relevant applications.
21B.
Contents of notice under s. 21A.
22.
Financial provisions.
23.
Recovery of expenses of making orders.
24.
Exclusion of application of certain Acts.
25.
Repeals.
26.
Short title.
SCHEDULE