(LRC Revised)

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