Coast Protection Act , 1963

1 Interpretation.

1.—In this Act—

“certificate of completion” means a certificate issued under subsection (1) of section 18;

“coast protection scheme” means a scheme under section 6;

“the Commissioners” means the Commissioners of Public Works in Ireland;

“county” includes county borough and, in relation to a county borough, “council” shall be construed as meaning the corporation of the borough;

“local authority” means a body which is—

(a) the council of a county,

(b) the corporation of a county or other borough, or

(c) the council of an urban district;

“promoting authority” means a council who have made a declaration under subsection (3) of section 2, being, in a case in which one of two or more councils of counties has been named pursuant to subsection (4) of that section, the council so named;

“protected lands” has the meaning specified in paragraph (b) of section 7;

“reserved function” means—

(a) in the case of a corporation of a county borough, a reserved function for the purposes of the enactments relating to the management of that county borough, and

(b) in any other case, a reserved function for the purposes of the County Management Acts, 1940 to 1955.

2 Investigation of proposed coast protection works and declaration for promotion of coast protection scheme.

2.—(1) The council of a county may investigate, where they consider it expedient to do so, any proposals for coast protection works within the county.

(2) (a) Where an investigation is made under subsection (1) of this section, the council shall cause a report to be prepared and submitted to them on the location and extent of the relevant encroachment of the sea, the extent of the land and other property being damaged or endangered, the works (if any) which may be practicable and desirable to prevent the continuance of the, encroachment and the estimated cost of the works.

(b) In the case of an encroachment of the sea affecting land in two or more counties, the councils of the counties may make an arrangement under which one of the councils causes a single report in relation to the whole of the encroachment to be made and submitted to each of the councils.

(3) (a) Where a report is submitted under subsection (2) of this section to the council of a county, the council, if satisfied that land within the county is being progressively; damaged by the continuing encroachment of the sea, as distinct from occasional or abnormal storms, and that the encroachment is liable to endanger the safety of a harbour, the buildings or amenities of a residential area or other valuable property, may declare that the promotion of a coast protection scheme is expedient and that the Commissioners should be asked to carry out a preliminary examination.

(b) Where—

(i) the council of a county have considered a report submitted under subsection (2) of this section and have decided not to make a declaration under this subsection, and

(ii) the proposals are for coast protection works wholly within an urban district,

the council shall send the report to the council of the urban district.

(c) Where a report is sent under paragraph (b) of this subsection to the council of an urban district, the council, if satisfied that land within the urban district is being progressively damaged by the continuing encroachment of the sea, as distinct from occasional or abnormal storms, and that the encroachment is liable to endanger the safety of a harbour, the buildings or amenities of a residential area or other valuable property, may, with the consent of the Minister for Local Government and subject to the council of a county having undertaken to make such contribution to the balance referred to in paragraph (b) of section 16 of this Act as that Minister has approved of, declare that the promotion of a coast protection scheme is expedient and that the Commissioners should be asked to carry out a preliminary examination.

(4) If, in the case of encroachment of the sea affecting land in two or more counties, each of the councils of the counties make a declaration under subsection (3) of this section, the councils shall name one council as the authority to promote the coast protection scheme.

(5) It shall be lawful for the council of a county and their officers, agents and servants to enter on any lands at all reasonable times and there do all such things as may appear to them to be necessary or expedient for the purposes of the preparation of a report under subsection (2) of this section.

(6) The consideration of a report and the making of a declaration under this section shall each be a reserved function.

3 Preliminary examination by the Commissioners.

3.—(1) On receipt by the Commissioners from the promoting authority of—

(a) a certified copy of a resolution by the promoting authority for the purposes of subsection (3) of section 2 of this Act,

(b) a copy of the report under subsection (2) of section 2 of this Act,

(c) an undertaking by the promoting authority that if, after the carrying out by the Commissioners of a preliminary examination of the encroachment of the sea, the Commissioners make a determination under paragraph (a) of subsection (1) of section 4 of this Act or the promoting authority make a declaration under paragraph (a) of subsection (1) of section 5 of this Act, the promoting authority will pay the amount which will become appropriate to be paid by them when a notice under subsection (1) of section 26 of this Act has been served, and

(d) a map or plan showing in sufficient detail the site of the encroachment of the sea and the extent of the land and other property being damaged or liable to be endangered thereby,

the Commissioners may undertake a preliminary examination of the encroachment of the sea.

(2) In a case in which the encroachment of the sea affects land in two or more counties, the reference in paragraph (a) of subsection (1) of this section to a certified copy of a resolution by the promoting authority for the purposes of subsection (3) of section 2 of this Act shall be construed as a reference to certified copies of resolutions by the councils of those counties for those purposes.

(3) It shall be lawful for the Commissioners and their officers, agents and servants to enter on any lands at all reasonable times and there do all such things as may appear to them to be necessary or expedient for the purposes of the making of a preliminary examination under this section.

4 Determination by the Commissioners.

4.—(1) On completion of a preliminary examination under section 3 of this Act, the Commissioners shall—

(a) determine that the circumstances are not such as to warrant a full examination and the preparation and execution of a coast protection scheme, or

(b) determine that the circumstances are such that the preparation and execution of a coast protection scheme is feasible.

(2) Where the Commissioners make a determination pursuant to paragraph (a) of subsection (1) of this section, they shall so report to the promoting authority and shall set out in the report in such manner and such detail as they consider necessary the reasons upon which the determination is based.

(3) Where the Commissioners make a determination pursuant to paragraph (b) of subsection (1) of this section, they shall inform the promoting authority and at the same time transmit to that authority a report (accompanied by such maps or plans as they may consider necessary) setting out in such manner and detail as they may consider necessary the extent of the land and other property being damaged or liable to be endangered, the works which they consider practicable and desirable to prevent the continuance of the encroachment of the sea and an estimate of the cost of such works.

5 Further declaration by promoting authority.

5.—(1) Where, pursuant to subsection (3) of section 4 of this Act, the Commissioners report a determination by them that the circumstances are such that the preparation and execution of a coast protection scheme is feasible, the promoting authority, after consideration of the report, shall—

(a) declare that a coast protection scheme is not to be proceeded with, or

(b) declare that the Commissioners should be asked to prepare and execute a coast protection scheme.

(2) A declaration under paragraph (b) of subsection (1) of this section shall include a declaration that the promoting authority will make in relation to the coast protection scheme—

(a) any contribution which may become proper to be made by them under section 16 of this Act, and

(b) any payment which may become proper to be made by them consequent upon a notice served under subsection (2) or subsection (3) of section 26 of this Act.

(3) The consideration of a report and the making of a declaration under this section shall be a reserved function.

6 Preparation of coast protection scheme.

6.—(1) On receipt by the Commissioners from the promoting authority of a certified copy of a resolution by the promoting authority for the purposes of paragraph (b) of subsection (1) of section 5 of this Act, the Commissioners may, subject to the consent of the Minister for Finance and to any conditions stipulated by him, prepare a scheme for the prevention of the relevant encroachment of the sea and shall send a copy of the scheme to the promoting authority and to any other council who named the promoting authority.

(2) It shall be lawful for the Commissioners and their officers, agents or servants to enter on any lands at all reasonable times and there do all such things as may appear to them to be necessary or expedient for the purposes of the preparation of a scheme under this section.

7 Matters to be shown in scheme.

7.—A coast protection scheme shall show, either in the body of the scheme or by means of appropriate maps, drawings, plans, sections and schedules annexed thereto—

(a) the works proposed to be undertaken pursuant to the scheme and their proposed site,

(b) the lands and other property encroached upon or liable to be endangered (in this Act referred to as the protected lands) which such works are intended to protect,

(c) the lands proposed to be compulsorily acquired or substantially interfered with, the easements, fisheries, water-rights, navigation-rights and other rights proposed to be compulsorily acquired, restricted, terminated or otherwise interfered with and the roads and bridges (whether public or private) proposed to be diverted, removed or otherwise interfered with,

(d) the reputed proprietors, owners and rated or other occupiers of the several lands proposed to be compulsorily acquired or substantially interfered with and of the several easements, fisheries, water-rights, navigation-rights and other rights and private roads and bridges proposed to be compulsorily acquired, restricted, terminated or otherwise interfered with,

(e) the estimated cost of the works (inclusive of the estimated expenses generally of executing the scheme) and, as respects such cost (inclusive as aforesaid), the percentage thereof (not exceeding eighty) which the Minister for Finance is prepared to contribute thereto.

8 Declaration by promoting authority on receipt of scheme.

8.—(1) Where the promoting authority receive a copy of a coast protection scheme sent pursuant to subsection (1) of section 6 of this Act, they shall either—

(a) declare that the scheme is not to be proceeded with, or

(b) declare that the scheme is to be proceeded with.

(2) Where a declaration has been made under paragraph (b) of subsection (1) of this section, the promoting authority shall—

(a) publish in Iris Oifigiúil, and in one or more newspapers circulating in the county of the promoting authority and any other county the council of which named the promoting authority pursuant to this Act, a notice stating that the coast protection scheme has been prepared and also stating the place or places at which and the period, not being less than one month, during which a copy of the scheme will be available for inspection in pursuance of this section,

(b) cause the copy of the coast protection scheme sent to them by the Commissioners to be exhibited in their principal offices or other convenient place during the period specified in that behalf in the notice referred to in the foregoing paragraph and shall permit the copy to be inspected during office hours by any person claiming to be interested therein.

(3) The making of a declaration under this section shall be a reserved function.

9 Notice to reputed proprietors, occupiers, etc.

9.—(1) Where the promoting authority have made a declaration under paragraph (b) of subsection (1) of section 8 of this Act in relation to a coast protection scheme, they shall—

(a) serve on any person named in the scheme as a reputed proprietor, owner or rated or other occupier of any land proposed to be compulsorily acquired or substantially interfered with or of any easement, fishery, water-right, navigation-right or other right or of any private road or bridge proposed to be compulsorily acquired, restricted, terminated or otherwise interfered with a notice stating that the scheme has been prepared, specifying the place or places at which and the period during which a copy of the scheme will be available for inspection in pursuance of this Act and informing him that the scheme proposes the compulsory acquisition of or interference with some land, right or other property (which land, right or property and the proposed interference (if any) shall be fully described in the notice) reputed to be owned or occupied by him;

(b) serve on every person who is the local authority (not being a council to which a copy of the scheme has been sent in pursuance of subsection (1) of section 6 of this Act) charged with the maintenance of any public road or bridge proposed in the scheme to be diverted, removed or otherwise interfered with a notice informing such authority of the preparation of the scheme and of the diversion, removal or interference proposed in the scheme to be made in respect of such road or bridge, and

(c) serve on one or more of the persons who are the trustees of any trust fund for the upkeep of works which may be interfered with by the execution of the scheme a notice stating that the scheme has been prepared and that execution thereof may interfere with those works.

(2) A notice served on any person in pursuance of this section shall contain a statement informing him that he may, within two months after the service of the notice on him, send to the promoting authority all such observations (if any) as he thinks proper in regard to the matters to which the notice relates.

(3) A person on whom a notice is served in pursuance of this section may, at any time within two months after the service of the notice on him, send to the promoting authority all such observations (if any) in regard to the matters to which the notice relates as he thinks proper.

(4) A notice required by this section to be served on any person may be served by registered post and, where the address of such person is not known, the envelope containing the notice may be addressed to him at the lands or the place or situation of the right or property to which the notice relates.

10 Confirmation of scheme.

10.—(1) When the time limited by section 9 of this Act for the sending to the promoting authority of observations in regard to a coast protection scheme, by persons on whom a notice has been served pursuant to that section, has expired, the promoting authority shall examine the observations duly sent and shall furnish to the Commissioners a report setting out those observations and the alterations (if any) (by way of variation, omission or addition) which they propose should be made in the scheme.

(2) Where a report under subsection (1) of this section is furnished to the Commissioners, they shall examine the report and shall either—

(a) determine that no alteration is to be made in the scheme, or

(b) determine the alterations (by way of variation, omission or addition) which are to be made therein.

(3) (a) Where the Commissioners make a determination under subsection (2) of this section, they shall give notice of the determination to the promoting authority and thereupon that authority shall either—

(i) declare that the scheme is not to be proceeded with, or

(ii) declare that the scheme is to be proceeded with.

(b) The making of a declaration under this subsection shall be a reserved function.

(4) On receipt by the Commissioners from the promoting authority of a certified copy of a declaration under subparagraph (ii) of paragraph (a) of subsection (3) of this section, the Commissioners shall submit the coast protection scheme, accompanied by a copy of the notice sent pursuant to subsection (3) of this section, to the Minister for Finance.

(5) Where a coast protection scheme is submitted under subsection (4) of this section, the Minister for Finance, after consultation with the Minister for Local Government, the Minister for Transport and Power and such other Minister or Ministers as he may consider necessary, may—

(a) make an order refusing to confirm the scheme, or

(b) make an order confirming the scheme, either without alterations or with such alterations (by way of variation, addition or omission) as he may consider necessary, and shall send a copy of the order to the Commissioners and to the promoting authority.

(6) (a) Where an order under this section confirms a coast protection scheme with alterations (by way of variation, addition or omission), the order shall have no effect if, within one month after the receipt of a copy of the order, the promoting authority declare that the scheme is not to be proceeded with.

(b) The making of a declaration under this subsection shall be a reserved function.

(7) Within two months after the receipt of a copy of an order under this section confirming a coast protection scheme, the promoting authority, unless they have made a declaration under subsection (6) of this section, shall serve a copy of the order—

(a) on each of the reputed proprietors, owners and rated or other occupiers of the several lands proposed to be compulsorily acquired or substantially interfered with and of the several easements, fisheries, water-rights, navigation-rights and other rights and private roads and bridges proposed to be acquired, restricted, terminated or otherwise interfered with,

(b) on every person who is the local authority (not being a council to which a copy of the scheme has been sent in pursuance of subsection (1) of section 6 of this Act) charged with the maintenance of any public road or bridge proposed to be diverted, removed or otherwise interfered with, and