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:—

1. Definitions.

1.—In this Act—

F1["Act of 2000" means the Planning 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 2011⁵ as amended by Directive 2014/52/EU of the European Parliament and of the Council of 16 April 2014⁶ on 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 1992⁷ and Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009⁸ ,

• (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 the Fisheries (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 under section 2 of the Fishery Harbour Centres Act 1968 and 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 the Harbours Act 1996) by or under that Act, and

• (b) the harbour of a harbour authority within the meaning of the Harbours 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 the Foreshore 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 the Foreshore 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 the Foreshore Acts 1933 to 2009 to 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 to subsection (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.

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.]

F51[ (4) In this section and section 3B "Minister" has the same meaning as it had in this Act before the passing of Part 6 of the Act of 2005, and section 3C shall be construed accordingly.]

3AA. F52[Provisions relating to certain other leases, licences, etc.

3AA.—(1) Where a lease, licence or consent was granted by the appropriate Minister before the passing of Part 3 of the Act of 2022 that relates to or includes an area that, but for section 1AA would not be foreshore, the lease, licence or consent (including any terms and conditions) shall have effect by reference to the definition of foreshore (as amended by section 17 of the Act of 2022) in section 1 of this Act.

• (2) Where—

• (a) any measures were taken by the appropriate Minister before the passing of Part 3 of the Act of 2022, and

• (b) those measures relate in whole or in part to an area that, but for section 1AA 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 section 17 of the Act of 2022) 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.]

3B. F53[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.]

3BA. F54[Provisions relating to certain other applications for lease, licence or consent

3BA.—(1) Where before the passing of Part 3 of the Act of 2022—

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

• (b) the application relates to or includes an area that but for section 1AA 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 section 17 of the Act of 2022) 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.]

3C. F55[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.]

3CA. F56[Provisions relating to certain other aquaculture licences

3CA.—(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 1AA 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 section 17 of the Act of 2022) in section 1 of this Act.

• (2) Where before the passing of Part 3 of the Act of 2022—

• (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 1AA 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 section 17 of the Act of 2022) 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.]

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

4.—(1) The F57[appropriate Minister] may, if and whenever he thinks proper so to do, accept a surrender of any lease or licence of foreshore belonging to F58[the State] whether such lease or licence was made or granted under this Act or before the passing of this Act.

• (2) The F59[appropriate 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 F60[the State], 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 F61[appropriate 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.

5. Power for Minister to acquire foreshore, etc.

5.—The F62[appropriate 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 F63[the State]; 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 F63[the State].

6. Order prohibiting removal of beach material from seashore.

6.—F64[…]

7. Notice prohibiting removal of beach material from foreshore.

7. —F65[…]

8. Regulations in respect of the public use of foreshore.

8. —F66[…]

9. Authorisation by Minister of sea defence works.

9. — F67[…]

10. Erection of structures on foreshore.

10.—(1) No person shall erect on any tidal lands not belonging to F68[the State] any building, pier, wall, or other permanent structure otherwise than in accordance with maps, plans, and specifications approved of by the F69[appropriate Minister].

• (2) The F70[appropriate 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 F71[or would have or be likely to have significant adverse effects on the environment].

• (3) Whenever any structure is erected in contravention of this section and the F72[appropriate 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, F72[the appropriate 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 F72[the appropriate 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 F72[appropriate 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.

• F73[(5) For the avoidance of doubt, it is hereby declared that where a reference in this section to the appropriate Minister means the Minister of the Government who falls within paragraph (a) or (b) of section 1B, that reference shall be construed as only enabling that Minister to perform functions under this section which relate to that Minister’s functions under either or both of those paragraphs.]

11. 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 F74[the State], is out of repair or dilapidated and in the opinion of the F75[appropriate Minister] is or causes or is likely to cause (directly or indirectly) an obstruction to navigation or to fishing F75[the appropriate 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 F75[appropriate 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 F75[appropriate Minister] pulls down and removes or causes to be pulled down and removed any structure under this section, F75[the appropriate 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.

12. 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 F76[the State], the F77[judge of the District Court] having jurisdiction in the district in which such foreshore is situate may, on the application of the F78[appropriate 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 F79[such judge] 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 F78[appropriate 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) F80[…]

• (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 F78[appropriate 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.

13. Prohibition of deposit of material on foreshore.

13.—(1) No person shall, without the consent of the F81[appropriate 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.

13A. F82[Environmental impact assessment of certain proposals relating to the foreshore.

13A.—F83[(1)(a) The appropriate Minister shall, as part of his consideration of a relevant application, in accordance with paragraph (b), ensure that, before a decision on the application is given, projects likely to have significant effects on the environment by virtue, inter alia, of their nature, size or location are made subject to an environmental impact assessment.

F84[(b)(i) An environmental impact assessment shall be carried out by the appropriate Minister in respect of a relevant application for consent where the proposed development would be of a class specified in—

• (I) Part 1 of Schedule 5 of the Planning and Development Regulations 2001, and either—

• (A) such development would exceed any relevant quantity, area or other limit specified in that Part, or

• (B) no quantity, area or other limit is specified in that Part in respect of the development concerned,

or

• (II) Part 2 of Schedule 5 of the Planning and Development Regulations 2001 and either—

• (A) such development would exceed any relevant quantity, area or other limit specified in that Part, or

• (B) no quantity, area or other limit is specified in that Part in respect of the development concerned.

• F85[(ii) An environmental impact assessment shall be carried out by the appropriate Minister in respect of a proposed development where—

• (I) such development would be of a class specified in Part 2 of Schedule 5 to the Planning and Development Regulations 2001 ( S.I. No. 600 of 2001 ) but does not exceed the relevant quantity, area or other limit specified in that Part, and

• (II) the appropriate Minister determines that the proposed development would be likely to have significant effects on the environment.]

• (I) would be of a class specified in Part 2 of Schedule 5 of the Planning and Development Regulations 2001 but does not exceed the relevant quantity, area or other limit specified in that Part, and

• (II) the appropriate Minister determines that the proposed development would be likely to have significant effects on the environment.]

• F86[(bb) In carrying out an environmental impact assessment on a proposed development under this section, the appropriate Minister shall, where appropriate, coordinate the assessment with any assessment of the proposed development under Council Directive 92/43/EEC of 21 May 1992⁹ or Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009¹⁰.]

• (c) An F87[environmental impact assessment report] shall be submitted with all applications for consent in respect of development referred to in paragraph (b)(i) and shall also be submitted where the appropriate Minister determines that development referred to in paragraph (b)(ii) would be likely to have significant effects on the environment.

• F86[(cc) An applicant who submits an environmental impact assessment report in accordance with this section shall ensure that an environmental impact assessment report is—

• (i) prepared by competent experts, and

• (ii) subject to subsection (3A), contains the following information:

• (I) a description of the proposed development comprising information on the site, design, size and other relevant features of the proposed development;

• (II) a description of the likely significant effects of the proposed development on the environment;

• (III) a description of the features of the proposed development and of measures envisaged in order to avoid, prevent or reduce and, if possible, offset likely significant adverse effects on the environment;

• (IV) a description of the reasonable alternatives studied by the applicant, which are relevant to the proposed development and its specific characteristics, and an indication of the main reasons for the option chosen, taking into account the effects of the proposed development on the environment;

• (V) a non-technical summary of the information referred to in points (I) to (IV);

• (VI) any additional information specified in Schedule 6 to the Planning and Development Regulations 2001 that is relevant to the specific characteristics of the particular proposed development or type of proposed development and to the environmental features likely to be affected;

and

• (iii) takes into account the available results of other relevant assessments carried out pursuant to any Act or under European Union legislation with a view to avoiding duplication of assessments.

• (cd) Where the appropriate Minister issues an opinion under subsection (3A)(a)(iii) the applicant shall —

• (i) prepare the environmental impact assessment report referred to in paragraph (cc) based on that opinion,

and

• (ii) include in the report the information that may reasonably be required for reaching a reasoned conclusion on the significant effects of the proposed development on the environment, taking into account current knowledge and methods of assessment.]

• (d) The appropriate Minister shall require the production by the applicant of any additional or supplemental information F86[specified in Schedule 6 to the Planning and Development Regulations 2001 relevant to the specific characteristics of the particular project or type of project and to the environmental features likely to be affected] that he considers necessary to enable him to make an assessment as required under this section.

• (e) The appropriate Minister shall consider the content of the F87[environmental impact assessment report] (and any other material including maps or plans) submitted as part of the application and determine whether same adequately identifies, describes and assesses the direct and indirect effects on the environment of the proposed development.

• (f) If he considers that the F87[environmental impact assessment report] (and other material) is inadequate, then the appropriate Minister shall serve a notice (in this section referred to as "a request for further information") which sets out the manner in which the information is inadequate and requires the applicant to submit further information to remedy those inadequacies.

• F86[(g) The appropriate Minister shall ensure that he or she has access to sufficient expertise to examine the environmental impact assessment report.]

• (2)
• F85[(a) In carrying out his or her consideration and environmental impact assessment of a relevant application the appropriate Minister shall duly take into account—

• (i) the particulars submitted with the relevant application, including the environmental impact assessment report and any other material, including maps and plans,

• (ii) any additional or supplemental information or any further information submitted in response to a requirement, if any, pursuant to paragraph (d) or (f) of subsection (1),

• (iii) any submissions or observations made in relation to the effects on the environment of the proposed development, including those made by bodies prescribed under section 18A(vi) or members of the public, and

• (iv) the views, if any, furnished by other Member States of the European Communities pursuant to section 19C,

and reach a reasoned conclusion on the significant effects of the relevant application on the environment.]

• (b) In the event that the appropriate Minister decides to grant consent for the relevant application, he may attach such conditions to the consent as he considers necessary F85[to avoid, prevent or reduce and, if possible, offset significant adverse effects (if any) on the environment of the proposed development as well as, where appropriate, conditions regarding monitoring measures].

• F86[(bb) A person who fails to comply with a condition attached to a consent under paragraph (b) shall be guilty of an offence and shall be liable —

• (i) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 6 months or to both, and

• (ii) on conviction on indictment, to a fine not exceeding €500,000 or to imprisonment for a term not exceeding 3 years or, at the discretion of the court, to both.]

• (c) In carrying out his consideration and environmental impact assessment, the appropriate Minister may have regard to, and adopt in whole or in part, any reports prepared by his officials or by consultants, experts or other advisors.

• F86[(cc) The appropriate Minister having reached a reasoned conclusion under paragraph (a), and being satisfied that the reasoned conclusion remains up-to-date, shall make a decision to grant or refuse consent for the relevant application within a reasonable period of time after receipt of an environmental impact assessment report under subsection (1)(c), or of receipt of additional or supplemental information or any further information furnished under paragraph (d) or (f) of subsection (1), whichever is the later.

• (cd) A decision under paragraph (cc) to grant consent for the relevant application shall include —

• (i) the reasoned conclusion referred to in paragraph (a),

• (ii) any conditions attached to the consent under subsection (2)(b), including conditions regarding monitoring measures, parameters to be monitored and the duration of monitoring, to which the consent is subject, and

• (iii) a description of any features of the proposed development, or any measures envisaged, to avoid, prevent or reduce, or offset significant adverse effects on the environment.

• (ce) A decision under paragraph (cc) to refuse consent for the relevant application shall include the main reasons for the refusal.]

• F85[(d) Where the appropriate Minister makes a decision referred to in paragraph (cc) he or she shall, without prejudice to section 21A, inform the applicant and the public thereof and publish in one or more newspapers circulating in the area in which the proposed development would take place, and in electronic form on the website of the Department of which the appropriate Minister is in charge at the location referred to in section 19A(2A)(g), a notice stating —

• (i) that the appropriate Minister has made a decision to grant or, as the case may be, refuse consent for the relevant application,

• (ii) the main reasons and considerations on which the decision to grant or refuse consent is based, including —

• (I) information about the public participation process,

• (II) a summary of the results of the consultations and the information with the bodies prescribed under section 18A(vi) and where information was sent to another Member State in accordance with section 19C(1), the results of consultations and the information gathered under section 19C(3), and,

• (III) a description of how the results referred to in clause (II) have been incorporated or otherwise addressed,

• (iii) where conditions (including conditions regarding monitoring measures, parameters to be monitored and the duration of monitoring) were attached to the consent granted, particulars of those conditions,

• (iv) that a copy of the decision is available for inspection during specified hours, at a specified place, for a specified period of time, and in electronic form on the website of the Department of which the appropriate Minister is in charge at the location referred to in section 19A(2A)(g),

• (v) that practical information regarding the judicial review procedures by which a person may seek to question the validity of any determination by the appropriate Minister in respect of a relevant application for consent can be found in electronic form on the website of the appropriate Minister at the location referred to in section 19A(2A)(g).]]

• F88[(2A) Where a relevant application would involve the undertaking of development which would—

• F89[(a) be of a class referred to in subsection (1)(b)(ii), and]

• (b) be located on—

• F90[(i) a European Site, meaning

• (I) a candidate site of Community importance,

• (II) a site of Community importance,

• (III) a candidate special area of conservation,

• (IV) a special area of conservation,

• (V) a candidate special protection area, or

• (VI) a special protection area]

• (ii) F91[…]

• (iii) F91[…]

• (iv) F91[…]

• (v) land established or recognised as a nature reserve within the meaning of section 15 or 16 of the Wildlife Act, 1976 (No. 39 of 1976),

• (vi) land designated as a refuge for fauna under section 17 of the Wildlife Act, 1976, (No. 39 of 1976),

the F92[appropriate Minister] shall decide whether the said development would or would not be likely to have significant effects on the environment.]

• F86[(2AB) A person that makes a relevant application referred to in subsection 1(b)(ii)(I) shall provide the appropriate Minister with the information specified in the Schedule 7A to the Planning and Development Regulations 2001 and shall take into account, where relevant, the available results of other relevant assessments of the effects on the environment carried out pursuant to European Union legislation (other than the Council Directive).

• (2AC) A person that makes a relevant application referred to in subsection 1(b)(ii)(I) may also provide a description of any features of the development or measures envisaged to avoid or prevent significant adverse effects on the environment.]

• F85[(2B) Where the appropriate Minister receives information from an applicant in accordance with subsection (2AB) he or she shall decide whether the said development would or would not be likely to have significant effects on the environment on the basis of such information, taking into account the relevant selection criteria specified in Schedule 7 to the Planning and Development Regulations 2001 and, where relevant, the results of preliminary verifications or assessments of the effects on the environment carried out pursuant to European Union legislation (other than the Council Directive).]

• F86[(2BB) A decision by the appropriate Minister as to whether a relevant application referred to in subsection 1(b)(ii)(I) would or would not be likely to have significant effects on the environment shall—

• (a) where the appropriate Minister determines that the development would be likely to have significant effects on the environment, specify, with reference to the relevant criteria listed in Schedule 7 to the Planning and Development Regulations 2001 the main reasons for that determination, and

• (b) where the appropriate Minister determines that the development would not be likely to have significant effects on the environment, specify–

• (i) with reference to the relevant criteria listed in the Schedule 7 to the Planning and Development Regulations 2001, the main reasons for that determination, and

• (ii) any features of the proposed development, and measures proposed by the applicant, to avoid or prevent significant adverse effects on the environment.

• (2BC) Subject to subsection (2BD), the appropriate Minister shall make a decision as to whether a development would or would not be likely to have significant effects on the environment as soon as possible and within 90 days from the date on which the applicant has submitted all the information required by the appropriate Minister under subsection (2B).

• (2BD) The appropriate Minister may, in exceptional cases, including where it is justified by the nature, complexity, location or size of the project, extend the 90 day period referred to in subsection (2BC) in order to make his or her determination and in such cases it shall inform the applicant in writing of the reasons justifying the extension and of the date when his or her determination is expected.]

• F88[(2C) Where the F93[appropriate Minister] makes F85[a decision as to whether a relevant application] would or would not be likely to have significant effects on the environment, he shall make arrangements to make the said decision available for inspection by members of the public F86[and shall make an electronic version of it available to the public on the website of the Department of which the appropriate Minister is in charge at the location referred to in section 19A(2A)(g)].]

• (3) F94[…]

• F95[(3A)
• F85[(a) The appropriate Minister shall, on the request of an applicant made before the applicant submits an environmental impact assessment report in accordance with this section —

• (i) consult with the applicant,

• (ii) consult with the bodies prescribed under section 18A(1)(a) in respect of applications under subparagraph (vi) of that paragraph, and

• (iii) taking into account the information provided by the applicant in particular on the specific characteristics of the project, including its location and technical capacity, and its likely impact on the environment, issue an opinion on the scope, and level of detail, of the information to be included by the applicant in the environmental impact assessment report in accordance with subsection (1)(cc).]

• (b) The giving of a written opinion in accordance with paragraph (a) of this subsection shall not prejudice the exercise by the F97[appropriate Minister] of his powers under this Act to require the person who made the request to furnish further information in relation to the effects on the environment of development proposed in the relevant application concerned.]

• F98[(4)
• (a) The appropriate Minister may—

• (i) where that Minister is satisfied that exceptional circumstances so warrant, and

• (ii) where the appropriate Minister is the Minister for Agriculture, Fisheries and Food, after consultation with the Minister for the Environment, Heritage and Local Government,

exempt a relevant application or a proposed relevant application from the requirement of subsection (1) of this section.

• (b) The appropriate Minister shall, in granting an exemption under paragraph (a) of this subsection—

• (i) consider whether the effects, if any, of the proposed development on the environment should be assessed in some other manner, and

• (ii) make available to the public—

• (I) the information obtained in any assessment carried out under subparagraph (i),

• (II) the information relating to any decision to exempt a relevant application under paragraph (a), and

• (III) the reasons for the decision referred to in clause (II).]

• F99[(c) Notice of any exemption granted under paragraph (a) of this subsection, of the reasons for granting such exemption and of any requirements applied under paragraph (b) of this subsection shall, as soon as may be, —

• (i) be published in the Iris Oifigiuil and in one or more newspapers circulating in the district in which is situated the foreshore to which the relevant application or the proposed relevant application relates, and

• (ii) be given, together with a copy of the information, if any, made available to members of the public in accordance with the said paragraph (b), to the Commission of the European Communities.]

• F100[(d) An exemption shall not be granted under paragraph (a) of this subsection in respect of a relevant application or a proposed relevant application if another Member State of the European Communities, having been informed pursuant to section 19C of this Act about the proposed development and its likely effects on the environment in that State, has indicated that it intends to furnish views on the said effects.]

• (5) In this section and in F84[sections 13B, 19A, 19C, 21A and 21B] “relevant application” means, as the case may be—

• (a) an application to the F101[appropriate Minister] for a lease under section 2 of this Act,

• (b) an application to the F102[appropriate Minister] for a licence under section 3 of this Act,

• (c) an application to the F103[appropriate Minister] for his approval under section 10 of this Act for maps, plans, and specifications for erection of structures on the foreshore,

• (d) an application to the F104[Minister for the Environment, Heritage and Local Government] for his consent under section 13 of this Act for the deposit of material on the foreshore.]

• F105[(6) In this section "relevant application" does not include an application for an aquaculture licence (within the meaning of the Fisheries (Amendment) Act 1997) that is accompanied by an F87[environmental impact assessment report].]

13AA. F106[Compliance by developer

13AA.—(1) The Minister shall take all reasonable steps to ensure that a developer complies with any environmental condition.

• (2) For the purposes of subsection (1), the Minister may request the developer to furnish, within a specified period, specified information in relation to the developer’s compliance with an environmental condition, and that developer shall comply with such a request.

• (3) A request under subsection (2) by the Minister may, in particular, include a request for information relating to —

• (a) the number and location of places within an area at which monitoring is being carried out and the frequency of such monitoring;

• (b) the manner in which samples and measurements are taken and analyses are carried out;

• (c) the equipment being used for the purposes of taking such samples and measurements, or of carrying out such analyses, and

• (d) the results of any monitoring carried out.

• (4) A developer that fails to comply with a request under subsection (3) shall be guilty of an offence and shall be liable —

• (a) on summary conviction, to a class A fine or to imprisonment for any term not exceeding 6 months or, at the discretion of the court, to both such fine and such imprisonment, or

• (b) on conviction on indictment, to a fine not exceeding €500,000 or to imprisonment for a term not exceeding 3 years or, at the discretion of the court, to both such fine and such imprisonment.

• (5) The Minister may, for the purposes of subsection (1), having notified the developer of his or her intention to do so, carry out an assessment of the developer’s compliance with an environmental condition.

• (6) During the course of an assessment under subsection (5) the developer shall comply with any request, made by the Minister for the purposes of that assessment, to —

• (a) furnish information, records or reports or the results of any monitoring by the developer in relation to the developer’s compliance with the condition, or

• (b) afford to the Minister access to any land, premises or structure occupied by the developer, for the purposes of assessing the developer’s compliance with the condition.

• (7) A developer that fails to comply with a request under subsection (6) shall be guilty of an offence and shall be liable —

• (a) on summary conviction, to a class A fine or to imprisonment for any term not exceeding 6 months or, at the discretion of the court, to both such fine and such imprisonment, or

• (b) on conviction on indictment, to a fine not exceeding €500,000 or to imprisonment for a term not exceeding 3 years or, at the discretion of the court, to both such fine and such imprisonment.

• (8) The Minister, having made a request under subsection (2) and considered any information furnished to him or her, or that has otherwise come into his or her possession, in consequence of that request, or under subsection (5), may issue to the developer to whom the request was made the terms of a direction (in this section referred to as "the proposed direction") that the Minister proposes to issue to the developer, requiring the developer to carry out, cause to be carried out, or arrange for, within a specified period, such action as the Minister considers necessary for the purposes of subsection (1) to ensure that that the developer complies with an environmental condition.

• (9) The proposed direction shall specify a period within which the developer may make observations to the Minister in relation to the proposal to make the direction (and the developer may make such observations within that period accordingly).

• (10) After the expiration of the period referred to in subsection (9) and having considered any observations made by the developer under that subsection, the Minister may confirm, with or without modification, or decide not to confirm his or her proposal to make the direction concerned and, in a case where the proposal is confirmed, the Minister, shall accordingly issue to the developer the direction concerned and the developer shall comply with the direction within the period specified in the direction.

• (11) A developer that fails to comply with a direction under subsection (10) shall be guilty of an offence and shall be liable –

• (a) on summary conviction, to a class A fine or to imprisonment for any term not exceeding 6 months or, at the discretion of the court, to both such fine and such imprisonment, or

• (b) on conviction on indictment, to a fine not exceeding €500,000 or to imprisonment for a term not exceeding 3 years or, at the discretion of the court, to both such fine and such imprisonment.

• (12) In imposing any penalty under subsection (11) the court shall, in particular, have regard to the risk or extent of damage to the environment and any remediation required arising from the act or omission constituting the offence.

• (13) Where a developer, after conviction of an offence under subsection (11), continues to contravene the provision, the developer shall be guilty of an offence on every day on which the contravention continues and for each such offence shall be liable, on summary conviction, to a class A fine or, on conviction on indictment, to a fine not exceeding €200,000.

• (14) In this section –

“consent” means a consent to a relevant application;

“developer”, in relation to a consent, means the person to whom the consent was granted;

“environmental condition” means a condition attached to a consent under section 13A(2)(d);

“relevant application” has the meaning given to it by section 13A(5).]

13B. F107[Environmental impact assessments, etc., carried out by the Minister for Communications, Energy and Natural Resources

13B.—(1) When considering a relevant application in respect of a petroleum activity the appropriate Minister shall consult with the Minister for Communications, Energy and Natural Resources.

• (2) Notwithstanding section 13A, the appropriate Minister shall not be required to carry out a screening or assessment, in relation to a relevant application in respect of a petroleum activity where the appropriate Minister—

• (a) confirms that the authorisation of the Minister for Communications, Energy and Natural Resources records that a screening or assessment has been carried out by that Minister, in respect of the underlying project to which the petroleum activity relates, for the purposes of—

• (i) Part 5 of the European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011),

• (ii) section 40B of the Gas Act 1976 (inserted by Regulation 2 of the European Union (Environmental Impact Assessment) (Gas) Regulations 2012 (S.I. No. 403 of 2012),

• (iii) section 13B of the Petroleum and Other Minerals Development Act 1960 (No. 7 of 1960) (inserted by the European Union (Environmental Impact Assessment) (Petroleum) Regulations 2012 (S.I. No. 404 of 2012)), or

• (iv) Regulation 4 of the European Union (Environmental Impact Assessment) (Petroleum Exploration) Regulations 2013 (S.I. No. 134 of 2013),

or

• (b) confirms with the Minister for Communications, Energy and Natural Resources that such screening or assessment will be so carried out by that Minister in respect of the underlying project to which the petroleum activity relates.

• (3) Subject to subsection (2), the appropriate Minister shall proceed to carry out a screening or assessment in relation to a relevant application in respect of a petroleum activity in respect of which the Minister for Communications, Energy and Natural Resources has granted a petroleum authorisation if the petroleum activity is altered in a material way prior to the decision of the appropriate Minister in relation to a relevant application in respect of that petroleum activity.

• (4) Subsections (1) to (3) do not apply to a relevant application to the appropriate Minister in respect of a petroleum activity where the application was made before 5th December 2014.

• (5) In this section—

"appropriate assessment" has the meaning given to it by Regulation 2 of the European Communities (Birds and Natural Habitats) Regulations 2011;

"petroleum activity" has the meaning given to it by section 13A(2) (inserted by section 3 of the Petroleum (Exploration and Extraction) Safety Act 2010 (No. 4 of 2010)) of the Electricity Regulation Act 1999 (No. 23 of 1999);

"petroleum authorisation" has the meaning given to it by section 13A(1) (inserted by section 3 of the Petroleum (Exploration and Extraction) Safety Act 2010) of the Electricity Regulation Act 1999;

"screening or assessment" means—

• (a) a screening for an environmental impact assessment or an environmental impact assessment, or

• (b) a screening for an appropriate assessment or an appropriate assessment.]

13C. F108[Environmental impact assessments - special cases

13C.—(1) Subsection (2) applies where a local authority that is a planning authority (within the meaning of the Act of 2000)—

• (a) applies for approval for a proposed development under—

• (i) section 226 of the Act of 2000, or

• (ii) on and after the coming into operation of section 12 (2) of the Maritime Area Planning Act 2021, section 175 of the Act of 2000, or

• (b) has an approval referred to in paragraph (a).

• (2) Notwithstanding the provisions of any other enactment, it shall not be necessary for—

• (a) the local authority to submit an Environmental Impact Assessment Report in connection with its application under this Act for a lease or licence for the proposed development, or

• (b) the appropriate Minister to undertake an environmental impact assessment in determining an application referred to in paragraph (a).]

14. 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.

• F109[(3) Whenever a person is convicted of an offence under subsection (2) of this section, the Court by whom such person is so convicted may, if appropriate in the circumstances and such Court so thinks proper, make an order requiring such person, within a specified time—

• (a) to remove the article concerned from the place where it would or might cause injury to a person to whom subsection (1) of this section relates, or

• (b) to remove such material or substance from a place where it would or might be injurious or offensive to a person to whom subsection (1) of this section relates.

• (4) If any person in respect of whom an order has been made under subsection (3) of this section fails to comply with such order, such person shall be guilty of an offence under this subsection and shall be liable—

• (a) on summary conviction, to a fine not exceeding £1,500, or to imprisonment for a term not exceeding 12 months, or to both, or

• (b) on conviction on indictment, to a fine not exceeding £100,000, or to imprisonment for a term not exceeding two years, or to both.]

15. Evidence of title to foreshore.