Maritime Safety Act 2005

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“Outer limit of foreshore.

1A.—(1) The outer limit of the foreshore is, and shall be deemed always to have been and to be, coterminous with the seaward limit of the territorial seas of the State as provided, from time to time, by Act of the Oireachtas.

(2) If immediately before 21 June 2005 any part of the foreshore, being foreshore as determinable before that date without reference to subsection (1) of this section, was not owned by the State by virtue of any grant, charter, purchase or other means, then nothing in subsection (1) of this section shall be construed so as to extend any person's interest in that part of the foreshore beyond the outer limit of that part of the foreshore as determined or determinable at the time of such grant, charter or purchase or the time ownership by other means arose.”,

“Provisions relating to certain leases, licences, etc.

3A.—(1) Where a lease, licence or consent was granted by the Minister before the passing of Part 6 of the Act of 2005, that relates to or includes an area that, but for section 1A(1) of this Act, would not be foreshore, then the lease, licence or consent (including any terms and conditions) shall have effect by reference to the definition of ‘foreshore’ (as amended by Part 6 of the Act of 2005) in section 1 of this Act.

(2) Where—

(a) any measures were taken by the Minister before the passing of Part 6 of the Act of 2005, and

(b) those measures relate in whole or in part to an area that, but for section 1A(1) of this Act, would not form part of the foreshore,

then those measures shall have effect, and be deemed always to have had effect, by reference to the definition of ‘foreshore’ (as amended by Part 6 of the Act of 2005) in section 1 of this Act.

(3) If, because of any provision of subsection (1) or (2) of this section, that provision would conflict with the constitutional rights of any person, then that provision shall be subject to such limitations as are necessary to secure that it does not so conflict but shall otherwise be of full force and effect.

Provisions relating to certain applications for lease, licence or consent.

3B.—(1) Where before the passing of Part 6 of the Act of 2005—

(a) an application was made to the Minister for a lease, licence or consent,

(b) the application relates to or includes an area that, but for section 1A(1) of this Act, would not be foreshore, and

(c) the application has not been finally determined before such passing,

then in determining the application account may be taken of the definition of ‘foreshore’ (as amended by Part 6 of the Act of 2005) in section 1 of this Act.

(2) If, because of any provision of subsection (1) of this section, that provision would conflict with the constitutional rights of any person, then that provision shall be subject to such limitations as are necessary to secure that it does not so conflict but shall otherwise be of full force and effect.

Provisions relating to certain aquaculture licences.

3C.—(1) Where a foreshore licence was deemed by—

(a) section 75 of the Fisheries (Amendment) Act 1997 , or

(b) section 3 of the Fisheries and Foreshore (Amendment) Act 1998 ,

to be an aquaculture licence and that foreshore licence relates to or includes an area that, but for section 1A(1) of this Act, would not be foreshore, then the aquaculture licence shall have effect, and be deemed always to have had effect, by reference to the definition of ‘foreshore’ (as amended by Part 6 of the Act of 2005) in section 1 of this Act.

(2) Where before the passing of Part 6 of the Act of 2005—

(a) a foreshore licence was granted that relates in whole or in part to aquacultural purposes, and

(b) an aquaculture licence was granted in respect of those aquacultural purposes and those purposes relate to or include an area which, in whole or in part, would not be foreshore but for section 1A(1) of this Act,

then the aquaculture licence shall have effect, and be deemed always to have had effect, by reference to the definition of ‘foreshore’ (as amended by Part 6 of the Act of 2005) in section 1 of this Act.

(3) If, because of any provision of subsection (1) or (2) of this subsection, that provision would conflict with the constitutional rights of any person, then that provision shall be subject to such limitations as are necessary to secure that it does not so conflict but shall otherwise be of full force and effect.”,

“Provisions with respect to certain court proceedings.

16A.—(1) Where, before the passing of Part 6 of the Act of 2005, a court made a finding as to whether an area is or is not foreshore, then that finding shall not be affected by reference to the definition of ‘foreshore’ (as amended by Part 6 of the Act of 2005) in section 1 of this Act or to section 1A of this Act.

(2) Where the validity of any lease, licence or consent to which section 3A(1) of this Act relates has been challenged in court proceedings instituted before 21 June 2005 by reference to the area in respect of which it was granted, then the said section 3A(1) shall not apply to that lease, licence or consent.”.