lrc_1998_act_54

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FISHERIES AND FORESHORE (AMENDMENT) ACT 1998 REVISED Updated to 1 January 2019 (LRC Revised) Open official source

Number 54 of 1998

FISHERIES AND FORESHORE (AMENDMENT) ACT 1998

REVISED

Updated to 1 January 2019

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

Fisheries and Foreshore (Amendment) Act 1998

. 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

Central Bank (National Claims Information Database) Act 2018

(42/2018), enacted 28 December 2018, and all statutory instruments up to and including

Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (Commencement) Order

2019

(S.I. No. 1 of 2019), made 3 January 2019, 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

revisedacts@lawreform.ie.

Number

1998

FISHERIES AND FORESHORE (AMENDMENT) ACT 1998

REVISED

Updated to 1 January 2019

ARRANGEMENT OF SECTIONS

Section

Interpretation.

Applications for certain aquaculture licences.

Provisions relating to certain aquaculture licences.

Persons not to engage in aquaculture in anticipation of grant of licence.

Amendment of Act of 1933.

Amendment of Fishery Harbour Centres Act, 1968.

Short title, collective citation and construction.

Acts Referred to

Fisheries Act, 1980

1980, No. 1

Fisheries Acts, 1959 to 1997

Fisheries (Amendment) Act, 1997

1997, No. 23

Fisheries (Consolidation) Act, 1959

1959, No. 14

Fishery Harbour Centres Act, 1968

1968, No. 18

Fishery Harbour Centres Acts, 1968 to 1992

Foreshore Act, 1933

1933, No. 12

Foreshore Acts, 1933 and 1992

Number

1998

FISHERIES AND FORESHORE (AMENDMENT) ACT 1998

REVISED

Updated to 1 January 2019

AN ACT TO AMEND AND EXTEND THE FISHERIES ACTS, 1959 TO 1997, THE

FORESHORE ACT, 1933

, AND THE

FISHERY HARBOUR CENTRES ACT, 1968

, AND TO PROVIDE FOR CONNECTED MATTERS. [23

rd December

, 1998]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not altering text)

Application of Act and collectively cited

Aquaculture Acts 1997 to 2006

Fisheries Acts 1959 to 2003

Fisheries Harbour Centres Acts 1968 and 1980

and

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), 46(3), 63(2) and sch. 2, in effect as per reg.

1(3).

Screening for Appropriate Assessment and Appropriate Assessment of implications for

European Sites

. ...

(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

...

Review of existing plans

46. ...

(3) For the purposes of this Regulation, a decision, including a decision to adopt

or undertake, or give approval for a plan, may include those adopted, undertaken or

approved pursuant to any of the enactments set out in the Second Schedule to these

Regulations.

...

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

...

1998

...

Aquaculture Acts 1997 to 2006

...

Fisheries Acts 1959 to 2003

Fisheries and Foreshore (Amendment) Act 1998

Fisheries Harbour Centres Acts 1968 and 1980

Foreshore Acts 1933 to 2011

...

Certain functions under 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 ss.

3-9.

Transfer and vesting of certain foreshore functions.

.— (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

(

) any function in relation to a fishery harbour centre,

(

) 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.

Certain functions under collectively cited

Foreshore Acts 1933 to 2005

transferred and additional functions vested (15.01.2010) by

Foreshore and Dumping at Sea (Amendment) Act 2009

(39/2009), ss. 3 and 4, commenced as per s. 1(4).

Transfer and vesting of certain foreshore functions

.— (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.

Vesting of additional foreshore functions in Minister for the Environment, Heritage

and Local Government, etc.

.— (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.

...

Certain references in collectively cited

Foreshore Acts 1933 to 2009

construed by

Foreshore Act 1933

(12/1933), s. 1C, as inserted (15.01.2010) by

Foreshore and Dumping at Sea (Amendment) Act 2009

(39/2009), s. 6(1), commenced as per s. 1(4).

[References to foreshore in Foreshore Acts 1933 to 2009.

1C.

— References in the Foreshore Acts 1933 to 2009 to foreshore belonging to the State

shall be construed as references to foreshore which for the time being belongs to

the State, including foreshore so belonging whether by virtue of Article 10.2 of the

Constitution or otherwise.

]

Application of collectively cited

Aquaculture Acts

restricted (1.08.2008) by

European Communities (Health of Aquaculture Animals and Products) Regulations 2008

(S.I. No. 261 of 2008), reg. 43(2)(b), in effect as per reg. 1.

Revocations, amendment, etc.

43. ...

(2)

If there is a conflict between— ...

(

) between the Aquaculture Acts and these Regulations, these Regulations prevail.

Functions 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 and 3, in effect as per art. 1, subject to transitional

provisions in arts. 4-8.

2. (1) The administration and business in connection with the exercise, performance

or execution of any functions transferred by Article 3 are transferred to the Department

of Agriculture and Food.

(2) A reference to the Department of Communications, Marine and Natural Resources

contained in any Act or instrument made thereunder and relating to any administration

and business transferred by paragraph (1) shall be construed as a reference to the

Department of Agriculture and Food.

3. (1) A function vested in the Minister for Communications, Marine and Natural Resources

by or under—

(a) an enactment cited in Part 1 of the Schedule to this Order, and

...

is transferred to the Minister for Agriculture and Food.

(2) A reference to the Minister for Communications, Marine and Natural Resources contained

in an enactment or instrument made under an enactment and relating to a function transferred

by this Article shall be construed as a reference to the Minister for Agriculture

and Food.

...

SCHEDULE

PART 1

...

Fishery Harbour Centres Acts 1968 to 2006

...

Aquaculture Acts 1997 to 2006

...

Foreshore Acts 1933 to 2005

...

Application of collectively cited

Foreshore Acts 1933 to 2005

restricted by

Planning and Development Act 2000

(30/2000), s. 227(8), as substituted (17.10.2006) by

Planning and Development (Strategic Infrastructure) Act 2006

(27/2006), s. 44, S.I. No. 525 of 2006.

Amendment of section 227 of Principal Act.

.— Section 227 of the Principal Act is amended—

...

(

) by substituting the following subsection for subsection (8)

“(8) (

) Subject to paragraph (

), 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)(

) applies or a scheme submitted under section 49 of the Roads Act 1993. ”

...

Editorial Notes

Applications for authorisations for discharges and reviews of existing authorisations

under collectively cited

Foreshore Acts 1933-1992

and

Fisheries Acts 1959-2003

made subject to certain requirements (30.07.2009) by

European Communities Environmental Objectives (Surface Waters) Regulations 2009

(S.I. No. 272 of 2009), arts. 7 and 9, in effect as per art. 1(2).

Applications for authorisations for discharges under collectively cited

Fisheries Acts 1959-2003

may be made subject to emission limit values as provided (27.07.2009) by

European Communities Environmental Objectives (Freshwater Pearl Mussel) Regulations

2009

(S.I. No. 296 of 2009), reg. 12. Note: in the absence of a commencement date in reg.

1(2), the instrument appears to have taken effect on signature.

Previous affecting provision: application of collectively cited

Foreshore Acts 1933 to 2005

restricted (11.03.2002) by

Planning and Development Act 2000

(30/2000), s. 227(8); substituted as pre C-note above.