Foreshore and Dumping at Sea (Amendment) Act 2009
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Meaning assigned to “appropriate Minister” and references to foreshore, etc. |
6.— (1) The Act of 1933 is amended by inserting the following after section 1A (inserted by section 60 (b) of the Maritime Safety Act 2005 ): | |
“Meaning assigned to ‘appropriate Minister’ in Foreshore Acts 1933 to 2009. | ||
1B.— (1) In the Foreshore Acts 1933 to 2009 ‘appropriate Minister’ means— | ||
(a) in relation to a function exercisable in respect of harbour or port related development (other than development of a fishery harbour centre) including expansion or relocation of such port or harbour, or development intended for commercial trade, the Minister for the Environment, Heritage and Local Government, | ||
(b) in relation to a function (in addition to a function to which paragraph (a) relates) exercisable— | ||
(i) in respect of the use of a natural resource (other than sea-fish or the product of aquaculture) located under, on or above the foreshore for commercial, research or other use by using the natural resource as a means of— | ||
(I) generating electricity, | ||
(II) making or using any other form of energy, | ||
(ii) extracting a natural resource (other than sea-fish, or the product of aquaculture) located under, on or above the foreshore, or | ||
(iii) relating to waste disposal or treatment or water quality, | ||
and any use that is ancillary to matters to which this paragraph relates, the Minister for the Environment, Heritage and Local Government, | ||
(c) in relation to a fishery harbour centre, the Minister for Agriculture, Fisheries and Food, | ||
(d) in relation to a function (other than a function to which paragraph (a) or (b) relates)— | ||
(i) in respect of an activity which is wholly or primarily for the use, development or support of aquaculture, including aquaculture in a harbour or port, | ||
(ii) in respect of 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, or | ||
(iii) otherwise exercisable under the Foreshore Acts 1933 to 2009, | ||
the Minister for Agriculture, Fisheries and Food. | ||
(2) In subsection (1)(a) ‘commercial trade’ means any activity under, on, or above the foreshore which is not wholly or primarily for the use, development or support of sea-fishing or aquaculture. | ||
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.”. | ||
(2) (a) In so far as it relates to section 1B (inserted by subsection (1)) of the Act of 1933, Part 1 of Schedule 1 applies for the purposes of supplementing that section, and accordingly the Act of 1933 is amended in the manner set out in that Part. | ||
(b) In so far as it relates to section 1C (inserted by subsection (1)) of the Act of 1933, Part 2 of Schedule 1 applies for the purposes of supplementing that section, and accordingly the Act of 1933 is amended in the manner set out in that Part. |