Foreshore and Dumping at Sea (Amendment) Act 2009

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Number 39 of 2009

FORESHORE AND DUMPING AT SEA (AMENDMENT) ACT 2009

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title, construction, collective citation and commencement.

PART 2

Foreshore

Chapter 1

Definitions (Part 2)

2. Definitions.

Chapter 2

Transfer and vesting of, and additional, foreshore functions

3. Transfer and vesting of certain foreshore functions.

4. Vesting of additional foreshore functions in Minister for the Environment, Heritage and Local Government, etc.

Chapter 3

Amendments to Foreshore Acts 1933 to 2005

5. Amendment of section 1 (definitions) of Act of 1933.

6. Meaning assigned to “appropriate Minister” and references to foreshore, etc.

7. Amendment of section 2 (power for Minister to make leases of foreshore) of Act of 1933.

8. Amendment of section 3 (power for Minister to grant licences of foreshore) of Act of 1933.

9. Amendment of references to “Justice” in Act of 1933.

10. Amendment of section 13A (environmental impact assessment of certain proposals relating to the foreshore) of Act of 1933.

11. Deletion of reference to Irish Land Commission in Act of 1933.

12. Regulations relating to the submission of observations by certain bodies.

13. Procedure in regard to certain relevant applications.

14. Amendment of section 19B (Minister to have regard to certain matters in considering certain relevant applications) of Act of 1933.

15. Publication of notice of Minister’s decision in relation to certain relevant applications.

16. Amendment of section 1 (interpretation) of Act of 1992.

17. Amendment of section 5 (High Court’s power to prohibit continuance of certain contraventions of Act of 1933) of Act of 1992.

18. Amendment of section 6 (powers of courts, Minister, local authorities, etc., in relation to mitigating and remedying effects of contravention of certain orders and notices, etc.) of Act of 1992.

19. Amendment of section 7 (provisions relating to prosecution of summary offences) of Act of 1992.

20. Amendment of section 1 (interpretation) of Fisheries and Foreshore (Amendment) Act 1998.

21. Amendment of section 32 (foreshore application and other fees) of the Fisheries (Amendment) Act 2003.

Chapter 4

Transitional provisions relating to Foreshore Acts 1933 to 2009

22. Preservation of certain continuing contracts and adaptation of certain references to Minister for Agriculture, Fisheries and Food in certain documents.

23. Saving and amendment of certain statutory instruments made by Minister for Agriculture, Fisheries and Food.

24. Transfer of certain property and liabilities of Minister for Agriculture, Fisheries and Food.

25. Effect of transfer of functions on certain acts performed and documents.

26. Pending legal proceedings.

27. Completion of certain matters commenced by Minister for Agriculture, Fisheries and Food.

PART 3

Dumping at Sea

Chapter 1

Preliminary and General (Part 3)

28. Definitions (Part 3).

Chapter 2

Transfer and vesting of dumping at sea functions

29. Transfer and vesting of dumping at sea functions.

Chapter 3

Amendments to Act of 1996

30. Amendment of section 1 (interpretation) of Act of 1996.

31. Amendment of section 2 (restrictions on dumping at sea of vessels, aircraft, substances and material) of Act of 1996.

32. Amendment of section 4 (prohibition of disposal of offshore installations and certain substances or material) of Act of 1996.

33. Amendment of section 5 (permits in relation to dumping) of Act of 1996.

34. Amendment of section 6 (powers of authorised officers) of Act of 1996.

35. Supplemental amendments to Act of 1996.

36. Provisions in relation to offences.

37. Repeal of section 13 (fees) of Act of 1996.

Chapter 4

Transitional provision relating to Dumping at Sea Acts 1996 to 2009

38. Transitional provision (Part 3).

SCHEDULE 1

Consequential amendments to Foreshore Act 1933

PART 1

Supplemental amendments relating to “appropriate Minister”, etc., in Foreshore Act 1933

PART 2

Amendments relating to “the State” in Foreshore Act 1933

SCHEDULE 2

Supplemental amendments relating to “Agency”, etc., in Dumping at Sea Act 1996

Acts Referred to

Number 39 of 2009

FORESHORE AND DUMPING AT SEA (AMENDMENT) ACT 2009

AN ACT TO PROVIDE FOR THE TRANSFER OF CERTAIN FUNCTIONS RELATING TO THE FORESHORE FROM THE MINISTER FOR AGRICULTURE, FISHERIES AND FOOD TO THE MINISTER FOR THE ENVIRONMENT, HERITAGE AND LOCAL GOVERNMENT AND FOR THAT AND OTHER PURPOSES TO AMEND AND EXTEND THE FORESHORE ACTS 1933 TO 2005 AND TO PROVIDE FOR THE TRANSFER OF OTHER FUNCTIONS RELATING TO THE FORESHORE TO THE MINISTER FOR THE ENVIRONMENT, HERITAGE AND LOCAL GOVERNMENT, TO PROVIDE FOR THE TRANSFER OF CERTAIN FUNCTIONS RELATING TO DUMPING AT SEA FROM THE MINISTER FOR AGRICULTURE, FISHERIES AND FOOD TO THE ENVIRONMENTAL PROTECTION AGENCY AND FOR THAT AND OTHER PURPOSES TO AMEND AND EXTEND THE DUMPING AT SEA ACTS 1996 TO 2006, AND TO PROVIDE FOR CONNECTED MATTERS.

[15th December, 2009]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: