Foreshore Act, 1933

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Number 12 of 1933.

FORESHORE ACT, 1933.

ARRANGEMENT OF SECTIONS

SCHEDULE

Number 12 of 1933.

FORESHORE ACT, 1933.

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. [30th June, 1933.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

Definitions.

1.—In this Act—

the expression “the Minister” means the Minister for Industry and Commerce;

the word “foreshore” means the bed and shore, below the line of high water of ordinary or medium tides, of the sea and of every tidal river and tidal estuary and of every channel, creek, and bay of the sea or of any such river or estuary;

the expression “tidal lands” means the bed and shore, below the line of high water of ordinary spring tides, of the sea and of every tidal river and tidal estuary and of every channel, creek, and bay of the sea or of any such river or estuary;

the word “seashore” means the foreshore and every beach, bank, and cliff contiguous thereto and includes all sands and rocks contiguous to the foreshore;

the expression “beach material” means sand, clay, gravel, shingle, stones, rocks, and mineral substances on the surface of the seashore and includes outcrops of rock or any mineral substance above the surface of the seashore and also includes bent grass growing on the seashore and also seaweed whether growing or rooted on the seashore or deposited or washed up thereon by the action of tides, winds, and waves or any of them;

the expression “sea defence work” means any wall, pier, groyne, stakes, bank, or other work constructed for the purpose of protecting any land, building, or other structure from injury by the sea or the waves or tides thereof;

the word “lease” includes a letting for one year or for any period less than one year;

the word “term” includes a period of one year and any period less than one year;

references to foreshore belonging to Saorstát Eireann shall be construed as references to foreshore which for the time being belongs to Saorstát Eireann whether by virtue of Article 11 of the Constitution or by any other means (present or future) whatsoever.

Power for Minister to make leases of foreshore.

2.—(1)—If, in the opinion of the Minister, it is in the public interest that a lease shall be made to any person of any foreshore belonging to Saorstát Eireann, the Minister may, subject to the provisions of this Act, demise by deed under his official seal such foreshore with the buildings and other structures (if any) thereon to such person by way of lease for such term, not exceeding ninety-nine years, commencing at or before the date of such lease, as the Minister shall think proper.

(2). Every lease made under this section shall (unless the Minister is of opinion that such lease should in the public interest be made free of any payment) be made subject to the payment to the Minister of such moneys, whether by way of fine or other preliminary payment or by way of rent or other periodical payment or by way of royalty on material removed or by all or any of such ways, as the Minister shall think proper and shall agree upon with the person to whom such lease is made.

(3) Notwithstanding anything contained in this section, no lease reserving a rent or other annual payment exceeding ten pounds a year shall be made under this section without the sanction of the Minister for Finance.

(4) Every lease made under this section shall contain a power or proviso for re-entry on the breach, non-performance, or non-observance by the lessee of any covenant on the lessee's part (including a covenant for payment of rent, royalty, or other money), condition, or agreement contained therein.

(5) No lease made under this section shall contain any covenant or agreement for the renewal of such lease.

(6) Every lease under this section shall (subject to the provisions of this section) contain such covenants, conditions, and agreements as the Minister shall consider proper or desirable in the public interest and shall agree upon with the person to whom such lease is made.

(7) A lease made under this section may include all minerals on or in the demised foreshore to a depth of thirty feet from the surface of such foreshore, together with the right to get and take such minerals, but no such lease shall extend to or include any mines or minerals more than thirty feet below the surface of the demised foreshore.

(8) Whenever an application is made to the Minister for a lease under this section, the Minister may, if he thinks fit, hold a public inquiry in regard to the making of such lease.

Power for Minister to grant licences of foreshore.

3.—(1) If, in the opinion of the Minister, it is in the public interest that a licence should be granted to any person in respect of any foreshore belonging to Saorstát Eireann authorising such person to place any material or to place or erect any articles, things, structures, or works in or on such foreshore, to remove any beach material from such foreshore, to get and take any minerals in such foreshore and not more than thirty feet below the surface thereof, or to use or occupy such foreshore for any purpose, the Minister may, subject to the provisions of this Act, grant by deed under his official seal such licence to such person for such term not exceeding ninety-nine years commencing at or before the date of such licence, as the Minister shall think proper.

(2) Every licence granted under this section shall (unless the Minister is of opinion that such licence should in the public interest be granted free of any payment) be granted subject to the payment to the Minister of such moneys, whether by way of fine or other preliminary payment or by way of rent or other periodical payment or by way of royalty on material removed or by all or any of such ways, as the Minister shall think proper and shall agree upon with the person to whom such licence is granted.

(3) Where, in the opinion of the Minister, a licence proposed to be granted under this section is, owing to its nature, duration, or otherwise, of a trivial character and should be granted without payment or subject to a nominal payment only, such licence may, notwithstanding anything contained in this section, be granted by way of permission in writing signed by the Minister or one of the principal officers of his Department.

(4) Notwithstanding anything contained in this section, no licence requiring payment by the licensee of a rent or other annual payment exceeding ten pounds a year shall be granted under this section without the sanction of the Minister for Finance.

(5) Every licence granted under this section shall contain a power to the Minister to terminate such licence on breach, non-performance, or non-observance by the licensee of any covenant on the licensee's part (including a covenant for payment of rent, royalty or other money), condition or agreement contained therein.

(6) No licence granted under this section shall contain any covenant or agreement for the renewal of such licence.

(7) Every licence granted under this section shall (subject to the provisions of this section) contain such covenants, conditions, and agreements as the Minister shall consider proper or desirable in the public interest and shall agree upon with the person to whom such licence is granted.

(8) No licence granted under this section shall extend to or authorise the removal of any minerals lying more than thirty feet below the surface of the foreshore to which such licence relates.

(9) Whenever an application is made to the Minister for the grant of a licence under this section, the Minister may, if he thinks fit, hold a public inquiry in regard to the granting of such licence.

Surrenders, releases and waivers in respect of leases and licences.

4.—(1) The Minister may, if and whenever he thinks proper so to do, accept a surrender of any lease or licence of foreshore belonging to Saorstát Eireann whether such lease or licence was made or granted under this Act or before the passing of this Act.

(2) The Minister may, if and whenever he thinks proper so to do, waive or release by deed under his official seal any covenant or condition contained in any lease or licence (whether made or granted under this Act or before the passing of this Act) of foreshore belonging to Saorstát Eireann, whether a breach of such covenant or condition has or has not taken place, and may also, if and whenever he thinks proper so to do, waive any breach (whether occasioning or not occasioning a forfeiture) of any covenant or condition contained in any such lease or licence.

(3) The Minister may accept a surrender, waive or release a covenant or condition, or waive a breach of covenant or condition under this section either, as he thinks proper, without consideration or for such consideration as he thinks proper.

Power for Minister to acquire foreshore, etc.

5.—The Minister may at any time at his discretion, but subject to the consent of the Minister for Finance, either—

(a) purchase by agreement at such price and on such terms as he shall, with the consent aforesaid, think proper any foreshore, any easement, profit-a-prendre, or other right over any foreshore, or any right of wreck not belonging to Saorstát Eireann; or

(b) take by agreement a lease for such term, at such rent, and subject to such covenants and conditions as he shall, with the consent aforesaid, think proper of any foreshore, any easement, profit-a-prendre or other right over any foreshore, or any right of wreck not belonging to Saorstát Eireann.

Order prohibiting removal of beach material from seashore.

6.—(1) In this Act the expression “prohibitory order” means an order made, or deemed to have been made under this section prohibiting the removal of beach material from an area of seashore.

(2) Whenever the Minister is of opinion that the removal or the unrestricted removal of beach material of any kind or of any particular kind or kinds from any particular area of seashore has affected or is likely to affect prejudicially any public rights in respect of such area of seashore or any lands or water in the neighbourhood thereof or has caused or is likely to cause injury to any land or to any building, wall, pier, or other structure, the Minister may prohibit by order the removal by any person of beach material either (as the case may require) of any kind or of the said particular kind or kinds from the said area of seashore.

(3) The Minister may by order at any time at his discretion, revoke or amend a prohibitory order.

(4) Whenever the Minister has made or proposes to make, amend, or revoke a prohibitory order, the Minister may, if he thinks fit, hold a public inquiry in regard to the continuation, making, amendment, or revocation (as the case may be) of such order.

(5) Every person who shall remove any beach material from any foreshore or seashore in contravention of a prohibitory order shall be guilty of an offence under this section and shall be liable on summary conviction thereof in the case of a first offence, to a fine not exceeding ten pounds, and, in the case of a second or any subsequent offence, to a fine of ten pounds and, in every case to forfeiture of the beach material so removed.

(6) Every order made under section 14 of the Harbours Act, 1814, and in force at the passing of this Act shall continue in force notwithstanding the repeal of that section by this Act, and every such order shall for all purposes be deemed to have been made under this section on the date on which it was actually made although such date is prior to the passing of this Act.

(7) A prohibitory order shall not operate to prevent the granting under this Act of a licence to remove beach material from foreshore to which such order applies or to prevent the removal of beach material from such foreshore under and in accordance with a licence granted (whether before or after the making of such order) under this Act.

Notice prohibiting removal of beach material from foreshore.

7.—(1) Whenever the Minister is of opinion that the removal of beach material from any area of foreshore belonging to Saorstát Eireann in respect of which no prohibitory order is in force should be restricted or controlled, the Minister may serve on any person a notice (in this section referred to as a prohibitory notice) in writing prohibiting such person from removing beach material of any kind or of any specified kind or kinds from the said area of foreshore.

(2) It shall not be lawful for any person on whom a prohibitory notice has been served to remove (otherwise than under and in accordance with a licence granted under this Act) any beach material to which such notice applies from the area of foreshore to which such notice relates.

(3) Every person who removes any beach material from any foreshore in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence, to a fine not exceeding five pounds and, in the case of a second or any subsequent offence, to a fine not exceeding ten pounds.

Regulations in respect of the public use of foreshore.

8.—(1) If and whenever the Minister is of opinion that the entry of the public on or the use by the public of any particular area of foreshore belonging to Saorstát Eireann ought in the public interest to be prohibited, restricted, regulated, or controlled, either permanently or temporarily, the Minister may by order make regulations prohibiting, restricting, regulating, or controlling in such manner, to such extent, and for such period, limited or unlimited, as the Minister shall think proper the entry of the public on or the use by the public of such area of foreshore either for any purpose or any specified purpose or purposes other than the purposes hereinafter excepted.

(2) Every person who shall do any act (whether of commission or omission) which is a breach of a regulation made under this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

(3) Whenever the Minister has made or proposes to make a regulation under this section, the Minister may if he thinks fit hold a public inquiry in regard to the continuation or the making (as the case may be) of such regulation.

(4) Regulations made under this section shall not extend to or affect the use of any foreshore for the purpose of nagivation or of fishing, nor the removal of beach material from any foreshore.

Authorisation by Minister of sea defence works.

9.—(1) Any person desiring to erect on any seashore which is not owned by him and does not belong to Saorstát Eireann any sea defence work may apply to the Minister for authority to erect such work, and thereupon the Minister, if he is satisfied that the erection of a sea defence work is necessary for the protection of the property of such person and that it is right and proper that such person should be empowered to erect such work, may by order authorise such person to erect on such seashore the sea defence work mentioned in his said application with such (if any) modifications as the Minister shall think proper to specify.

(2) The Minister may insert in any order made by him under this section such conditions and restrictions (including conditions in relation to the assessment and payment of compensation) as he shall think proper.

(3) Whenever an application is made to the Minister for an order under this section, the Minister may, if he thinks fit, hold a public inquiry in relation to the making of such order.

(4) An order under this section shall be expressed and shall operate to authorise the person named therein to enter on the seashore specified therein and to erect on such seashore a specified sea defence work, but subject to payment of compensation for all damage done and subject to such conditions and restrictions as shall be specified in such order.

Erection of structures on foreshore.

10.—(1) No person shall erect on any tidal lands not belonging to Saorstát Eireann any building, pier, wall, or other permanent structure otherwise than in accordance with maps, plans, and specifications approved of by the Minister.

(2) The Minister shall not refuse to approve under this section of any maps, plans, and specifications on any ground save that a structure erected in accordance with such maps, plans, and specifications would be or would cause or be likely to cause (directly or indirectly) an obstruction to navigation or to fishing.

(3) Whenever any structure is erected in contravention of this section and the Minister is of opinion that such structure is or causes or is likely to cause (directly or indirectly) an obstruction to navigation or to fishing, the Minister may serve on the person by whom such structure was erected or, if such person is dead or (if a corporate body) is dissolved or if such person is not known or cannot be found, on any person in possession of such structure a notice in writing requiring such person to pull down and remove such structure within such time (not being less than one month) from the service of such notice as the Minister shall think proper and shall specify in such notice.

(4) Whenever a person on whom a notice has been served under the next preceding sub-section of this section fails to pull down and remove the structure to which such notice relates within the time specified in that behalf in such notice, the Minister may (as the case may require) pull down and remove or complete the pulling down and removal of such structure or cause (as the case may require) such structure to be pulled down and removed or the pulling down and removal thereof to be completed and (in any case) shall be entitled to be paid by and to recover from the said person on whom the said notice was so served the costs and expenses of such pulling down and removal or completion (as the case may be) as a civil debt in any Court of competent jurisdiction.

Removal of dilapidated structures from foreshore.

11.—(1) Where any building, pier, wall, or other structure erected (whether before or after the passing of this Act) with or without lawful authority on any foreshore, whether belonging or not belonging to Saorstát Eireann, is out of repair or dilapidated and in the opinion of the Minister is or causes or is likely to cause (directly or indirectly) an obstruction to navigation or to fishing the Minister may pull down and remove such structure or cause such structure to be pulled down and removed, and may for that purpose authorise any person to enter on such structure and the foreshore and the seashore adjacent thereto.

(2) The Minister shall not under this section pull down or remove or cause to be pulled down and removed any structure of which the owner is known and can be found without serving on such owner a notice in writing requiring him either to repair or to pull down and remove such structure and giving him a reasonable opportunity so to do.

(3) Whenever the Minister pulls down and removes or causes to be pulled down and removed any structure under this section, the Minister shall be entitled to be paid by and to recover from the owner of such structure the costs and expenses of such pulling down and removal as a civil debt in any Court of competent jurisdiction.

Structures unlawfully erected on State foreshore.

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)—

(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

(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.

(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:—

(a) such order shall not be made without notice to the defendant of the application for such order;

(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;

(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.

Prohibition of deposit of material on foreshore.

13.—(1) No person shall, without the consent of the Minister or otherwise than in accordance with such consent, deposit or cause to be deposited any material whatsoever on any foreshore nor on any seashore or other place from which such material would by the operation of gravity, wind, water or other natural cause escape or be transported to such foreshore.

(2) Every person who deposits or causes to be deposited any material whatsoever on any foreshore, seashore, or other place in contravention of this section shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

(3) Whenever a person is convicted of an offence under the next preceding sub-section of this section, the Court by whom such person is so convicted may, if such Court so thinks proper, make an order requiring such person, within a specified time, to remove the material in respect of the deposit of which he was so convicted from the foreshore, seashore, or other place in which it was so deposited, and to remove from such foreshore, seashore, or other place all other (if any) material deposited thereon by him in contravention of this section.

(4) If any person in respect of whom an order has been made under the next preceding sub-section of this section fails to comply with such order, such person shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds together with a further fine not exceeding one pound for every day during which such failure is continued.

Prohibition of deposit of noxious articles.

14.—(1) No person shall throw, deposit, or leave on any tidal lands or throw into the sea adjacent to any such lands any glass, china, earthenware, metal, or other article (whether whole or broken) which would or might cause injury to a person bathing or wading on or from such lands or otherwise using such lands nor any material or substance (whether solid or liquid) which would or might be injurious or offensive to any such person.

(2) Every person who shall throw, deposit, or leave on any tidal lands, or throw into the sea any article, material, or substance in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

Evidence of title to foreshore.

15.—(1) Where on the fixing of a judicial rent under the Land Law Acts a sum was added to or included in such rent for any foreshore or on account of any right or facility or alleged right or facility to or for taking material from any foreshore the order of the sub-commission or court fixing such rent shall not be evidence, as against the State, of the ownership of such foreshore or of the existence of a right to take such material.

(2) Neither the taking, during any period however long, from any foreshore of seaweed deposited or washed up thereon by the action of tides, winds and waves or any of them and not rooted or growing thereon, nor the letting or licensing to other persons, during any period however long, of an alleged right to take such seaweed from any foreshore shall, by itself and without more, constitute possession of or be proof of title to such foreshore.

Jurisdiction of the Circuit Court.

16.—(1) The Circuit Court shall have and may exercise jurisdiction in actions relating to foreshore or rights over or in respect of foreshore where there is no poor law valuation of such foreshore and the Court is satisfied that the fair annual value of such foreshore does not exceed sixty pounds.

(2) The jurisdiction conferred on the Circuit Court by this section shall be exercised by the Judge of the Circuit Court for the time being assigned to the Circuit in which such foreshore or the larger portion of such foreshore is situate.

Notice to Minister of certain sales, etc., of foreshore.

17.—(1) No sale or conveyance of or declaration of title to any foreshore or any right over or in respect of foreshore shall be made under the Landed Estates Court (Ireland) Act, 1858, as amended, extended, and applied by subsequent enactments, without previous notice to the Minister.

(2) No vesting order, vesting fiat, or other document operating to vest or convey any foreshore or any right over or in respect of foreshore in or to any person shall be made under the Land Purchase Acts without previous notice to the Minister.

(3) No order, consent, approval, licence, or loan shall be made or given nor shall any action be taken relating to or affecting any foreshore by any Minister, the Commissioners of Public Works in Ireland, the Irish Land Commission, or any Court or tribunal without previous notice to the Minister.

Public inquiries.

18.—The following provisions shall have effect in relation to every public inquiry held by the Minister under this Act, that is to say:—

(a) such inquiry shall be held by such person and at such time and place as the Minister shall appoint;

(b) the Minister shall cause notice of the holding of such inquiry to be given in such manner as he thinks proper to the public and to such particular persons as he thinks proper;

(c) the person holding such inquiry shall have power to take evidence on oath and for that purpose to administer oaths;

(d) all expenses incurred by the Minister in holding a public inquiry on the question whether a lease, licence, order, or other document for which a particular person has applied should or should not be made or granted shall, unless the Minister with the sanction of the Minister for Finance otherwise directs, be paid by the said person who has so applied, and the amount of such expenses shall be fixed by the Minister for Finance, and when so fixed shall be recoverable by the Minister from the said person as a civil debt in any Court of competent jurisdiction;

(e) whenever the expenses or any part of the expenses incurred by the Minister in holding a public inquiry are not payable by a particular person under the next preceding paragraph of this section, such expenses or such part of such expenses shall be defrayed out of moneys provided by the Oireachtas;

(f) the person holding a public inquiry under this section may, if he thinks proper so to do, order the costs and expenses incurred by any person of appearing or being represented and adducing evidence at such inquiry to be paid by any other person who appeared or was represented at such inquiry;

(g) whenever the person holding a public inquiry under this section orders the costs and expenses incurred by one person to be paid by another person, such costs and expenses shall be taxed and ascertained by a taxing-master of the High Court on the requisition of either the person to whom or the person by whom such costs and expenses were so ordered to be paid, and the amount of such costs and expenses when so taxed and ascertained shall be recoverable as a simple contract debt in any Court of competent jurisdiction by the person to whom and from the person by whom such costs and expenses were so ordered to be paid.

Notice of proposal or application for order, lease or licence.

19.—Whenever the Minister proposes to make an order under this Act or an application is made to the Minister for the making of a lease or an order or the granting of a licence under this Act, the Minister may, if he so thinks fit, cause notice of such proposal or application to be published at such times and in such manner as he thinks proper, and may by such notice give to all persons interested an opportunity of making to the Minister objections and representations in respect of such order, lease, or licence (as the case may be) and may include in such notice directions as to the time, manner, and place in and at which such objections and representations may be made.

Laying of annual statement before the Oireachtas.

20.—The Minister shall, in every financial year, lay before each House of the Oireachtas a statement setting forth the following matters, that is to say:—

(a) particulars of all leases made and licences granted under this Act during the next preceding financial year, and

(b) the total amount of all rents and other periodical payments collected by the Minister under or by virtue of any lease or licence of foreshore (whether made or granted under this Act or before the passing of this Act) during the said next preceding financial year, and

(c) any other matter relating to foreshore which the Minister thinks proper to include in such statement.

Publication of orders under this Act.

21.—(1) Every order made by the Minister under this Act shall be published in the Irish Oifigiúil as soon as conveniently may be after it is made.

(2) Whenever the Minister has made an order under this Act the Minister may, if and whenever he thinks it expedient so to do, cause the said order or notice of the making thereof to be published at or in the neighbourhood of the foreshore, tidal lands, seashore, or other area to which such order relates and may cause such publication to be effected in all or any of the following ways, that is to say, by advertisement in one or more newspapers circulating in the district in which such area is situated, by the erection of warning notices at or in the neighbourhood of such area, or by any other means.

Financial provisions.

22.—(1) Save as is otherwise provided by this Act, all expenses incurred by the Minister in the execution of this Act shall, to such extent as shall be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

(2) All rents, fines, royalties, and other moneys paid to the Minister under or in respect of any lease, licence, or other document made or granted under this Act shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.

Recovery of expenses of making orders.

23.—(1) Whenever the Minister makes an order under this Act on the application or at the request of any person, the Minister may, if he thinks proper so to do, recover from such person as a civil debt the expenses incurred by the Minister in making and publishing such order.

(2) In any proceedings to recover any expenses made recoverable by this section, a certificate under the official seal of the Minister certifying that a specified order under this Act was made on the application or at the request of a specified person and certifying the amount of the expenses incurred by the Minister in making and publishing such order shall be conclusive evidence of the matters so certified.

Exclusion of application of certain Acts.

24.—On the passing of this Act, the State Lands Act, 1924 (No. 45 of 1924), shall cease to apply to foreshore or rights over or in respect of foreshore and the Mines and Minerals Act, 1931 (No. 54 of 1931), shall cease to apply to mines and minerals in or under the foreshore and not more than thirty feet below the surface thereof.

Repeals.

25.—The enactments mentioned in the Schedule to this Act are hereby repealed to the extent specified in the third column of the said Schedule.

Short Title.

26.—This Act may be cited as the Foreshore Act, 1933.

SCHEDULE.