Foreshore Act, 1933

Power for Minister to make leases of foreshore.

2.—(1)—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 belonging to Saorstát Eireann, the 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 the Minister shall think proper.

(2). Every lease made under this section 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.

(3) Notwithstanding anything contained in this section, no lease reserving a rent or other annual payment exceeding ten pounds 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 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 Minister for a lease under this section, the Minister may, if he thinks fit, hold a public inquiry in regard to the making of such lease.