Foreshore
Key Definitions
The”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; The “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; Seashore” means the foreshore and every beach, bank, and cliff contiguous thereto and includes all sands and rocks contiguous to the foreshore;
The “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;
Power for Minister to make leases of foreshore.
If, in the opinion of the Minister, it is in the public interest that a lease shall be made to any person of any foreshore , he or she may 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 the Minister shall think proper.
Every lease shall (unless the 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 the 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 the Minister shall think proper and shall agree upon with the person to whom such lease is made.
No lease reserving a rent or other annual payment exceeding ten pounds (later increased) a year shall be made without the sanction of the Minister for Finance. Every lease 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.  No lease shall contain any covenant or agreement for the renewal of such lease.
Every lease shall contain such covenants, conditions, and agreements as the Minister shall consider proper or desirable in the public interest and shall agree upon with the person to whom such lease is made.
A lease 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.
Whenever an application is made to the Minister for a lease the Minister may, if he thinks fit, hold a public inquiry in regard to the making of such lease.
Power for Minister to grant licences of foreshore.
If, in the opinion of the Minister, it is in the public interest that a licence should be granted to any person in respect of any foreshore be authorising such person to
- place any material or to place or erect any articles, things, structures, or works in or on such foreshore,
- to remove any beach material from 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,
the Minister may, subject to the provisions of the 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 the Minister shall think proper.
Every licence shall (unless the 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 the 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 the Minister shall think proper and shall agree upon with the person to whom such licence is granted.
here, in the opinion of the Minister, a licence proposed to be granted, 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, be granted by way of permission in writing signed by the Minister or one of the principal officers of his Department. No licence requiring payment by the licensee of a rent or other annual payment exceeding ten pounds(later increased) a year shall be granted without the sanction of the Minister for Finance.
Every licence granted shall contain a power to the 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. No licence granted shall contain any covenant or agreement for the renewal of such licence.
Every licence granted shall contain such covenants, conditions, and agreements as the Minister shall consider proper or desirable in the public interest and shall agree upon with the person to whom such licence is granted. No licence granted 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.
Whenever an application is made to the Minister for the grant of a licence, the Minister may, if he thinks fit, hold a public inquiry in regard to the granting of such licence.
Surrenders, releases and waivers
The Minister may, if and whenever he thinks proper so to do, accept a surrender of any lease or licence of foreshore. The 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 of foreshore belonging , 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.
The Minister may accept a surrender, waive or release a covenant or condition, or waive a breach of covenant or condition either, as he thinks proper, without consideration or for such consideration as he thinks proper.
Power for Minister to acquire foreshore, etc.
The Minister may at any time at his discretion, but subject to the consent of the Minister for Finance, either—
- 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 the State or
- 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 State.
Order prohibiting removal of beach material from seashore.
A “prohibitory order” means an order made, or deemed to have been made prohibiting the removal of beach material from an area of seashore. Â Whenever the Minister is of opinion that the removal or the unrestricted removal of beach material of any kind or of any particular kind or kinds from any particular area of seashore has affected or is likely to affect prejudicially any public rights in respect of such area of seashore or any lands or water in the neighbourhood thereof or has caused or is likely to cause injury to any land or to any building, wall, pier, or other structure, the Minister may prohibit by order the removal by any person of beach material either (as the case may require) of any kind or of the said particular kind or kinds from the said area of seashore.
The Minister may by order at any time at his discretion, revoke or amend a prohibitory order. Whenever the Minister has made or proposes to make, amend, or revoke a prohibitory order, the Minister may, if he thinks fit, hold a public inquiry in regard to the continuation, making, amendment, or revocation (as the case may be) of such order.
Every person who shall remove any beach material from any foreshore or seashore in contravention of a prohibitory order shall be guilty of an offence and shall be liable on summary conviction thereof in the case of a first offence, to a fine not exceeding ten pounds(later increased) , and, in the case of a second or any subsequent offence, to a fine of ten pounds (later increased)and, in every case to forfeiture of the beach material so removed.
A prohibitory order shall not operate to prevent the granting of a licence to remove beach material from foreshore to which such order applies or to prevent the removal of beach material from such foreshore under and in accordance with a licence granted (whether before or after the making of such order).
Notice prohibiting removal of beach material
Whenever the Minister is of opinion that the removal of beach material from any area of foreshore belonging to the State in respect of which no prohibitory order is in force should be restricted or controlled, the Minister may serve on any person a notice (referred to as a prohibitory notice) in writing prohibiting such person from removing beach material of any kind or of any specified kind or kinds from the said area of foreshore.
It shall not be lawful for any person on whom a prohibitory notice has been served to remove (otherwise granted under and in accordance with a licence granted ) any beach material to which such notice applies from the area of foreshore to which such notice relates.
Every person who removes any beach material from any foreshore in contravention of the provision shall be guilty of an offence and shall be liable on summary conviction thereof, in the case of a first offence, to a fine and, in the case of a second or any subsequent offence, to a fine not exceeding ten pounds (later increased) .
Regulations in respect of the public use of foreshore.
If and whenever the Minister is of opinion that the entry of the public on or the use by the public of any particular area of foreshore belonging to the State ought in the public interest to be prohibited, restricted, regulated, or controlled, either permanently or temporarily, the Minister may by order make regulations prohibiting, restricting, regulating, or controlling in such manner, to such extent, and for such period, limited or unlimited, as the Minister shall think proper the entry of the public on or the use by the public of such area of foreshore either for any purpose or any specified purpose or purposes other than the purposes hereinafter excepted.
Every person who shall do any act (whether of commission or omission) which is a breach of a regulation shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding five pounds(later increased). Whenever the Minister has made or proposes to make a regulation, the Minister may if he thinks fit hold a public inquiry in regard to the continuation or the making (as the case may be) of such regulation.
Regulations made shall not extend to or affect the use of any foreshore for the purpose of navigation or of fishing, nor the removal of beach material from any foreshore.
Authorisation by Minister of sea defence works.
Any person desiring to erect on any seashore which is not owned by him and does not belong to the State any sea defence work may apply to the Minister for authority to erect such work, and thereupon the Minister, if he is satisfied that the erection of a sea defence work is necessary for the protection of the property of such person and that it is right and proper that such person should be empowered to erect such work, may by order authorise such person to erect on such seashore the sea defence work mentioned in his said application with such (if any) modifications as the Minister shall think proper to specify.
The Minister may insert in any order made by him such conditions and restrictions (including conditions in relation to the assessment and payment of compensation) as he shall think proper.
Whenever an application is made to the Minister for an order , the Minister may, if he thinks fit, hold a public inquiry in relation to the making of such order. Â An order shall be expressed and shall operate to authorise the person named therein to enter on the seashore specified therein and to erect on such seashore a specified sea defence work, but subject to payment of compensation for all damage done and subject to such conditions and restrictions as shall be specified in such order.
Erection of structures on foreshore.
No person shall erect on any tidal lands not belonging to the State any building, pier, wall, or other permanent structure otherwise than in accordance with maps, plans, and specifications approved of by the Minister. The Minister shall not refuse to approve 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.
Whenever any structure is erected in contravention and the 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, the 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 the Minister shall think proper and shall specify in such notice.
Whenever a person on whom a notice has been served fails to pull down and remove the structure to which such notice relates within the time specified in that behalf in such notice, the 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.
Removal of dilapidated structures
Where any building, pier, wall, or other structure erected with or without lawful authority on any foreshore, whether belonging or not belonging to the State is out of repair or dilapidated and in the opinion of the Minister is or causes or is likely to cause (directly or indirectly) an obstruction to navigation or to fishing the 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.
The Minister shall not 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.  Whenever the Minister pulls down and removes or causes to be pulled down and removed any structure, the 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.
Structures unlawfully erected
Where any building, pier, wall or other structure has been erected without lawful authority on foreshore belonging to State, the Justice of the District Court having jurisdiction in the district in which such foreshore is situate may, on the application of the Minister, either (as the case may require)—
- 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
- where such Justice 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 Minister to pull down and remove such structure.
The following provisions shall have effect in relation to the making and operation of an order requiring a person to pull down and remove a structure, that is to say:—
- such order shall not be made without notice to the defendant of the application for such order;
- such order shall not be made unless either the Minister has offered to make under the Act to the defendant a lease of the foreshore on which such structure is erected and such offer has not been accepted or the Minister has issued a certificate sealed with his official seal certifying that such structure is or causes directly or indirectly an obstruction to navigation;
- 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 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.
Prohibition of deposit of material on foreshore.
No person shall, without the consent of the 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.
Every person who deposits or causes to be deposited any material whatsoever on any foreshore, seashore, or other place in contravention of the provision shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding ten pounds (later increased).
Whenever a person is convicted of an offence under the next provision, 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.
If any person in respect of whom an order has been made under the next section fails to comply with such order, such person shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding ten pounds (later increased) together with a further fine not exceeding one pound for every day during which such failure is continued.
Prohibition of deposit of noxious articles
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.
Every person who shall throw, deposit, or leave on any tidal lands, or throw into the sea any article, material, or substance in contravention shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding five pounds(later increased).
Evidence of title to foreshore.
Neither the taking, during any period however long, from any foreshore of seaweed deposited or washed up thereon by the action of tides, winds and waves or any of them and not rooted or growing thereon, nor the letting or licensing to other persons, during any period however long, of an alleged right to take such seaweed from any foreshore shall, by itself and without more, constitute possession of or be proof of title to such foreshore.
Jurisdiction of the Circuit Court.
The Circuit Court shall have and may exercise jurisdiction in actions relating to foreshore or rights over or in respect of foreshore where there is no poor law valuation of such foreshore and the Court is satisfied that the fair annual value of such foreshore does not exceed sixty pounds(later increased).
The jurisdiction conferred on the Circuit Court shall be exercised by the Judge of the Circuit Court for the time being assigned to the Circuit in which such foreshore or the larger portion of such foreshore is situate.
No order, consent, approval, licence, or loan shall be made or given nor shall any action be taken relating to or affecting any foreshore by any Minister, the Commissioners of Public Works in Ireland, the Irish Land Commission, or any Court or tribunal without previous notice to the Minister.
Public enquiries.
The following provisions shall have effect in relation to every public inquiry held by the Minister , that is to say:—
- such inquiry shall be held by such person and at such time and place as the Minister shall appoint;
- the Minister shall cause notice of the holding of such inquiry to be given in such manner as he thinks proper to the public and to such particular persons as he thinks proper;
- the person holding such inquiry shall have power to take evidence on oath and for that purpose to administer oaths;
- all expenses incurred by the Minister in holding a public inquiry on the question whether a lease, licence, order, or other document for which a particular person has applied should or should not be made or granted shall, unless the Minister with the sanction of the Minister for Finance otherwise directs, be paid by the said person who has so applied, and the amount of such expenses shall be fixed by the Minister for Finance, and when so fixed shall be recoverable by the Minister from the said person as a civil debt in any Court of competent jurisdiction;
- whenever the expenses or any part of the expenses incurred by the Minister in holding a public inquiry are not payable by a particular person under the next preceding paragraph , such expenses or such part of such expenses shall be defrayed out of moneys provided by the Oireachtas;
- the person holding a public inquiry may, if he thinks proper so to do, order the costs and expenses incurred by any person of appearing or being represented and adducing evidence at such inquiry to be paid by any other person who appeared or was represented at such inquiry;
- whenever the person holding a public inquiry orders the costs and expenses incurred by one person to be paid by another person, such costs and expenses shall be taxed and ascertained by a taxing master of the High Court on the requisition of either the person to whom or the person by whom such osts and expenses were so ordered to be paid, and the amount of such costs and expenses when so taxed and ascertained shall be recoverable as a simple contract debt in any Court of competent jurisdiction by the person to whom and from the person by whom such costs and expenses were so ordered to be paid.
Notice of proposal or application for order, lease or licence.
Whenever the Minister proposes to make an order or an application is made to the Minister for the making of a lease or an order or the granting of a licence, the Minister may, if he so thinks fit, cause notice of such proposal or application to be published at such times and in such manner as he thinks proper, and may by such notice give to all persons interested an opportunity of making to the Minister objections, and representations in respect of such order, lease, or licence (as the case may be) and may include in such notice directions as to the time, manner, and place in and at which such objections and representations may be made.
Laying of annual statement before the Oireachtas.
The Minister shall, in every financial year, lay before each House of the Oireachtas a statement setting forth the following matters, that is to say:—
- particulars of all leases made and licences granted during the next preceding financial year, and
- Â the total amount of all rents and other periodical payments collected by the Minister under or by virtue of any lease or licence of foreshore (whether made or granted ) during the said next preceding financial year, and
- any other matter relating to foreshore which the Minister thinks proper to include in such statement.
2009 Act
The 2009 Act provides for a commencement date upon which certain functions under the Foreshore Acts 1933 to 2005 will transfer from the Minister for Agriculture, Fisheries and Food to and vest in the Minister for the Environment, Heritage and Local Government.
Generally speaking, Foreshore functions relating to, the development of fishery harbour centres, aquaculture and sea-fishing will remain the responsibility of the Minister for Agriculture, Fisheries and Food while the Minister for the Environment, Heritage and Local Government will have responsibility for Foreshore functions relating to the development of harbours/ports, developments intended for commercial trade, off- shore energy generation projects, extraction of natural resources, waste disposal, treatment and water quality.
The Minister for the Environment, Heritage and Local Government and the Minister for Agriculture, Fisheries and Food shall consult one another where either is considering making a lease of Foreshore. This section also provides for an increase in the annual lease payment which requires the sanction of the Minister for Finance to €63,250.
The Minister for the Environment, Heritage and Local Government and the Minister for Agriculture, Fisheries and Food shall consult one another where either is considering granting a licence of Foreshore. This section also provides for an increase in the annual licence payment which requires the sanction of the Mini- ster for Finance to €63,250.
Either the Minister for the Environment, Heritage and Local Government or the Minister for Agriculture, Fisheries and Food (following consultation with the Minister for the Environment, Heritage and Local Government in view of that Minister’s role under the Environmental Impact Assessment regulations), as appropriate, to exempt an application for Foreshore consent from the require- ment to prepare an environmental impact statement. The 2012 Act sets out what action the relevant Minister must take where such an exemption is granted.
The Minister for the Environment, Heritage and Local Government (following consultation with the Minister for Agriculture, Fisheries and Food) may make regulations, prescribing bodies for the purposes of submitting observations to either Minister or both in relation to the applications specified, setting time limits for the receipt of observations generally in relation to those applications and concerning related matters.
The 2012 Act extends the obligations of public notification and public consultation in relation to Foreshore applications which require an environmental impact statement, to the Minister for the Environment, Heritage and Local Government.
The Minister for the Environment, Heritage and Local Government is to publish details of decisions made by that Minister in relation to Foreshore applications which require an environmental impact statement.
The Minister for the Environment, Heritage and Local Government has the right to apply to the High Court to prohibit continuance of certain contraventions of the 1933 Foreshore Act. The Minister for the Environment, Heritage and Local Government has the power of prosecution of summary offences.
Section 20 contains an amendment to section 1 (interpretation) of the Fisheries and Foreshore (Amendment) Act 1998 which provides for the insertion of a definition for Minister, which is the Minister for Agriculture, Fisheries and Food.
The 2009 Act allows both the Minister for Agriculture, Fisheries and Food and the Minister for the Environment, Heritage and Local Government to prescribe Foreshore application and other fees in relation to their respective legislative functions.
2012 Act
The purpose of the Foreshore Act 2012 is to transfer the functions under the Foreshore Acts 1933 to 2009 to the Minister for the Environment, Community and Local Government other than foreshore functions in relation to designated fishery harbour centres, foreshore functions in respect of activities which are wholly or primarily for the use, development or support of aquaculture and foreshore functions which are 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 Act provides for transfer of all foreshore functions under the Foreshore Acts 1933 to 2009 from the Minister for Agriculture, Fisheries and Food to the Minister for the Environment, Community and Local Government with the exception of functions relating to designated fishery harbour centres, functions in respect of activities which are wholly or primarily for the use, development or support of aquaculture and functions which are 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.
Provision is also made for the transfer to the Department of the Environment, Community and Local Government of the administration and business in connection with the performance of the functions transferred to the Minister for the Environment, Community and Local Government from the Minister for Agriculture, Fisheries and Food.
The 2012 Act designated fishery harbour centres, in relation to functions in respect of activities which are wholly or primarily for the use, development or support of aquaculture or activities which are 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. It provides that the Minister for the Environment, Community and Local Government is the ‘‘appropriate Minister’’ in relation to any other function exercisable under the Foreshore Acts 1993 to 2011.
Any foreshore function exercised in whole or in part by the Minister for the Environment, Community and Local Government since 15 January 2010 including any consultation and other requirements under the Foreshore Acts 1933 to 2009 are deemed to have been exercised as if that Minister was the appropriate Minister for the purposes of the Acts. Additionally any thing commenced but not completed may be carried on or completed by that Minister after the enactment of the Act.