Foreshore Act , 1933

1. Definitions.

1.—In this Act—

F1["Act of 2000" means thePlanning and Development Act 2000(No. 30 of 2000);]

F2["Act of 2022" means the Planning and Development and Foreshore (Amendment) Act 2022;]

F3[the expression "the Act of 2005" means the Maritime Safety Act 2005;]

F4["Council Directive" means Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011^5as amended by Directive 2014/52/EU of the European Parliament and of the Council of 16 April 2014^6on the assessment of the effects of certain public and private projects on the environment;]

F4["environmental impact assessment", in relation to a proposed development, means a process in respect of the development—

(a) consisting of—

(i) the preparation of an environmental impact assessment report in accordance with section 13A(1)(cc),

(ii) the carrying out of the consultations referred to in section 19A and, where relevant, section 19C,

(iii) the examination by the appropriate Minister of the information presented in the environmental impact assessment report and any supplementary information provided, where necessary, in accordance with section 13A(1)(d) and any relevant information received through the consultations under section 19A and section 19C,

(iv) the reaching of a reasoned conclusion referred to in section 13A(2)(a) by the appropriate Minister on the significant effects of the project on the environment, taking into account the results of the examination referred to in subparagraph (iii) and, where appropriate, the appropriate Minister’s own supplementary examination; and

(v) the integration of the appropriate Minister’s reasoned conclusion into a decision referred to in section 13A(2)(cc) to grant or refuse consent for the relevant application,

and

(b) including an examination, analysis and evaluation, by the appropriate Minister under section 13A(2)(a) in order to identify, describe and assess the direct and indirect significant effects of the particular proposed development, including significant effects derived from the vulnerability of the proposed development to risks of major accidents and disasters relevant to it, on—

(i) population and human health,

(ii) biodiversity, with particular attention to species and habitats protected under Council Directive 92/43/EEC of 21 May 1992^7and Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009^8,

(iii) land, soil, water, air and climate,

(iv) material assets, cultural heritage and the landscape, and

(v) the interaction between the factors mentioned in subparagraphs (i) to (iv);]

F5["environmental impact assessment report" shall be construed in accordance with section 13A(1)(c) to (cd);]

F6[…]

F7[…]

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 F8[and the outer limit of the foreshore shall be determined in accordance with section 1A of this Act];

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;

F9[the word "aquaculture" has the same meaning as it has for the purposes of theFisheries (Amendment) Act 1997;

the word "development" means the carrying out of any works on, in, over or under the foreshore or the making of any material change in the use of any structures on the foreshore;

the expression "fishery harbour centre" means any area defined by an order for the time being in force undersection 2of theFishery Harbour Centres Act 1968and declared by such order to be a fishery harbour centre;

the word "harbour" means—

(a) a harbour, functions in respect of which are conferred on a company (within the meaning of theHarbours Act 1996) by or under that Act, and

(b) the harbour of a harbour authority within the meaning of theHarbours Act 1946,

and references to "port" shall be construed accordingly.]

1A. F12[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.]

1AA. F13[Subsoil below, and water column above, foreshore

1AA.—The word "foreshore" defined in section 1 is deemed to include, and always to have included, the subsoil below, and the water column above the bed and shore referred to in that definition.]

1B. F14[Meaning assigned to "appropriate Minister" in Foreshore Acts 1933 to 2009.

F15[1B.—In theForeshore Acts 1933 to 2011"appropriate Minister" means—

(a) in relation to a fishery harbour centre, the Minister for Agriculture, Fisheries and Food,

(b) in relation to a 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,

the Minister for Agriculture, Fisheries and Food,

(c) in relation to any other function exercisable under theForeshore Acts 1933 to 2011, the Minister for the Environment, Community and Local Government.]]

1C. F16[ References to foreshore in Foreshore Acts 1933 to 2009.

1C.—References in theForeshore Acts 1933 to 2009to 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.]

1D. Interpretation, Council Directive

F17[1D.—Subject to this Act, a word or expression that is used in this Act and that is also used in the Council Directive has, unless the context otherwise requires, the same meaning in this Act as it has in the Council Directive.]

1E. F18[Application - this Act and Maritime Area Planning Act 2021

1E.—(1) In this section, "relevant Minister" means the Minister of the Government who falls within paragraph (c) of section 1B.

(2) Subject to subsection (3), the relevant Minister shall not, on or after the relevant date, perform a function under a relevant section.

(3) Subsection (2) shall not apply to the relevant Minister’s determination of an application made under this Act before the relevant date but not finally determined before that date.

(4) The MARA may, on or after the establishment day—

(a) exercise the power or proviso for re-entry referred to in section 2(4), or

(b) exercise the power to terminate referred to in section 3(5),

to the same extent that the relevant Minister may have done so before the establishment day.

(5) (a)F19[Subject tosubsection (3), the relevant Minister]shall not, on or after the establishment day, perform a function under the other provisions of this Act.

(b) The references in the other provisions of this Act to the appropriate Minister shall, on and after the establishment day and to the extent that such references are references to the relevant Minister, be construed as references to the MARA.

(c) The references in section 13AA to a Minister of the Government shall, on and after the establishment day and to the extent that such references are references to the relevant Minister, be construed as references to the MARA.

F20[(5A) (a) Subject to paragraph (c), the MARA may, at its discretion and whether of its own initiative or at the request of the relevant Minister or the applicant under section 3 concerned, treat a relevant application (F) as a relevant application (M) if it is satisfied that it has received all the information that would be required under the Act of 2021 if the relevant application (F) were a relevant application (M) and, in any such case, the provisions of the Act of 2021 (including section 117(3) of that Act) shall, with all necessary modifications, apply to the relevant application (F) so treated.

(b) Where, pursuant to paragraph (a), the MARA is treating a relevant application (F) as a relevant application (M), the MARA may adopt any determination that has been made, before that treatment, under the European Communities (Birds and Natural Habitats) Regulations 2011 ( S.I. No. 477 of 2011 ) in respect of the relevant application (F).

(c) Paragraph (a) shall not apply to a relevant application (F) made before the applicable date where the MARA is satisfied that—

(i) a material change is being sought to the application by the applicant, or

(ii) material information provided in, or accompanying, the application was submitted more than 2 years before the applicable date.

(5B) The MARA may, if it thinks it appropriate to do so, give reasons for any decision by it to decline to treat a relevant application (F) as a relevant application (M) and, in any such case, those reasons may form the basis of consultations between the relevant Minister and the applicant under section 3 concerned as to the appropriate course of action to be taken with regard to the relevant application (F).]

(6) In this section—

"Act of 2021" means the Maritime Area Planning Act 2021;

F20["applicable date" means the date of commencement of section 244 of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023;]

"establishment day" means the day appointed under section 41 of the Act of 2021;

"foreshore authorisation" has the meaning assigned to it by the Act of 2021;

"function", in relation to the relevant Minister, includes the relevant Minister being the person to whom a rent, fine, royalty, or other money, is paid or is required to be paid;

"MARA" means the Maritime Area Regulatory Authority;

"other provisions of this Act" means any provisions of this Act other than a relevant section;

F20["relevant application (F)" means an application under section 3 for the grant of a licence;

"relevant application (M)" means a licence application within the meaning of the Act of 2021.]

"relevant date" means—

(a) in the case of a relevant section and a foreshore authorisation which falls within section 105 of the Act of 2021, the coming into operation of that last-mentioned section, and

(b) in the case of a relevant section and a foreshore authorisation which falls within section 129 of the Act of 2021, the coming into operation of that last-mentioned section;

"relevant section" means section 2, 3, 10, 13 or 20.]

2. Power for Minister to make leases of foreshore.

2.—(1) If, in the opinion of the F21[appropriate Minister], it is in the public interest that a lease shall be made to any person of any foreshore belonging to F22[the State], F23[that 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 F23[that Minister] shall think proper.

F24[(1A) Where the Minister for Agriculture, Fisheries and Food or the Minister for the Environment, Heritage and Local Government (being the appropriate Minister) is considering making a lease in accordance with this section, then the Minister so considering shall consult with the other Minister on the matter before deciding on whether or not to make the lease.]

(2)Every lease made under this section shall (unless the F25[appropriate 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 F26[that 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 F26[that Minister] shall think proper and shall agree upon with the person to whom such lease is made.

F27[(3) Notwithstanding anything contained in this section, no lease reserving a rent or other annual payment exceeding€63,250 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 F28[appropriate 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 F29[appropriate Minister] for a lease under this section, F30[that Minister] may, if he thinks fit, hold a public inquiry in regard to the making of such lease.

3. Power for Minister to grant licences of foreshore.

3.—(1)If, in the opinion of the F32[appropriate Minister], it is in the public interest that a licence should be granted to any person in respect of any foreshore belonging to F33[the State] authorising such person to place any material or to place or erect any articles, things, structures, or works in or on such foreshore, F34[to remove any beach material from, or disturb any beach material in, 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, F35[that 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 F35[that Minister] shall think proper.

F36[(1A) ...]

F37[(1B) Where the Minister for Agriculture, Fisheries and Food or the Minister for the Environment, Heritage and Local Government is considering granting a licence under this section (being the appropriate Minister), then the Minister so considering shall consult with the other Minister on the matter before granting the licence.]

(2)Every licence granted under this section shall (unless the F38[appropriate 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 F39[that 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 F39[that Minister] shall think proper and shall agree upon with the person to whom such licence is granted.

(3)Where, in the opinion of the F40[appropriate 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 F41[that Minister] or one of the principal officers of his Department.

F42[(4) Notwithstanding anything contained in this section, no licence requiring payment by the licensee of a rent or other annual payment exceeding€63,250 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 F43[appropriate 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 F44[appropriate 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 F45[appropriate Minister] for the grant of a licence under this section, F46[that Minister] may, if he thinks fit, hold a public inquiry in regard to the granting of such licence.

3A. F50[Provisions relating to certain leases, licences, etc.