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Structures unlawfully erected on State foreshore.
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12.—(1) Where any building, pier, wall or other structure has been erected (whether before or after the passing of this Act) without lawful authority on foreshore belonging to Saorstát Eireann, the Justice of the District Court having jurisdiction in the district in which such foreshore is situate may, on the application of the Minister, either (as the case may require)—
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(a) make an order requiring the person by whom such structure was erected or, where such person is dead or (if a corporate body) is dissolved or such person is not known or cannot be found, any person in possession of such structure, to pull down and remove such structure within a specified time, or
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(b) where such Justice is satisfied that the person by whom such structure was erected is dead or (if a corporate body) is dissolved or is not known or cannot be found and that no person is in possession of such structure, make an order authorising the Minister to pull down and remove such structure.
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(2) The following provisions shall have effect in relation to the making and operation of an order under this section requiring a person (in this sub-section referred to as the defendant) to pull down and remove a structure, that is to say:—
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(a) such order shall not be made without notice to the defendant of the application for such order;
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(b) such order shall not be made unless either the Minister has offered to make under this Act to the defendant a lease of the foreshore on which such structure is erected and such offer has not been accepted or the Minister has issued a certificate sealed with his official seal certifying that such structure is or causes directly or indirectly an obstruction to navigation;
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(c) where such order has been made and the defendant does not pull down and remove such structure within the time specified in such order, the Minister may pull down and remove such structure or cause such structure to be pulled down and removed and shall be entitled to be paid by and to recover from the defendant as a civil debt the costs and expenses of such pulling down and removal.
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