Foreshore Act , 1933

F151[(c) A person shall not question the validity of a decision made or act done or purported to be done by the Minister in relation to a relevant application otherwise than by way of an application for judicial review under Order 84 of the Rules of the Superior Courts (S.I. No. 15 of 1986).

(d) The High Court shall not grant leave for judicial review under this section unless it is satisfied that—

(i) the applicant has a sufficient interest in the matter which is the subject of the application, or

(ii) the applicant—

(I) is a body or organisation other than a State authority, a public authority or governmental body or agency the aims or objectives of which relate to the promotion of environmental protection, and

(II) has, during the period of 12 months preceding the date of the application, pursued those aims or objectives.

(e) A sufficient interest for the purposes of subparagraph (i) of paragraph (d) is not limited to an interest in land or other financial interest.

(f) The Court, in determining either an application for leave for judicial review under this section, or an application for judicial review on foot of such leave under this section, shall act as expeditiously as possible consistent with the administration of justice.

(g) In paragraph (d),“State authority, a public authority or governmental body or agency”means—

(i) a Minister of the Government;

(ii) the Commissioners of Public Works in Ireland;

(iii) a harbour authority within the meaning of theHarbours Act 1946;

(iv) a local authority within the meaning of theLocal Government Act 2001;

(v) the Health Service Executive;

(vi) a person established—

(I) by or under any enactment (other than the Companies Acts),

(II) by any scheme administered by the Government, or

(III) under the Companies Acts, in pursuance of powers conferred by or under another enactment, and financed wholly or partly, whether directly or indirectly, by means of moneys provided, or loans made or guaranteed, by a Minister of the Government or by subscription for shares held by or on behalf of a Minister of the Government;

(viii) a company (within the meaning of the Companies Acts), a majority of the shares in which are held by or on behalf of a Minister of the Government.]

22. Financial provisions.

22.—(1) Save as is otherwise provided by this Act, all expenses incurred by the F152[appropriate Minister] in the execution of this Act shall, to such extent as shall be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

(2)All rents, fines, royalties, and other moneys paid to the F153[appropriate Minister] under or in respect of any lease, licence, or other document made or granted under this Act shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.

23. Recovery of expenses of making orders.

23.—(1) Whenever the F154[appropriate Minister] makes an order under this Act on the application or at the request of any person, F155[that Minister] may, if he thinks proper so to do, recover from such person as a civil debt the expenses incurred by F155[that Minister] in making and publishing such order.

(2)In any proceedings to recover any expenses made recoverable by this section, a certificate under the official seal of the F156[appropriate Minister] certifying that a specified order under this Act was made on the application or at the request of a specified person and certifying the amount of the expenses incurred by F157[that Minister] in making and publishing such order shall be conclusive evidence of the matters so certified.

24. Exclusion of application of certain Acts.

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

25. Repeals.

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

26. Short Title.

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