S.I. No. 390/2025 - Marine Environment (Transfer of Departmental Administration and Ministerial Functions) Order 2025

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 25th July, 2025.

The Government, in exercise of the powers conferred on them by section 6 (1) of the Ministers and Secretaries (Amendment) Act 1939 (No. 36 of 1939), hereby order as follows:

1. (1) This Order may be cited as the Marine Environment (Transfer of Departmental Administration and Ministerial Functions) Order 2025.

(2) This Order comes into operation on 1 August 2025.

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Climate, Energy and the Environment.

(2) References to the Department of Housing, Local Government and Heritage contained in any Act or any instrument made under an Act and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Climate, Energy and the Environment.

3. (1) The functions vested in the Minister for Housing, Local Government and Heritage –

(a) by or under the Acts specified in Part 1 of the Schedule, and

(b) under the Regulations specified in Part 2 of the Schedule

are transferred to the Minister for Climate, Energy and the Environment.

(2) References to the Minister for Housing, Local Government and Heritage contained in any Act or instrument made under such Act and relating to any functions transferred by this Article shall, from the commencement of this Order, be construed as references to the Minister for Climate, Energy and the Environment.

4. Where, immediately before the commencement of this Order, any legal proceedings are pending to which the Minister for Housing, Local Government and Heritage is a party and the proceedings have reference to any function transferred by this Order to the Minister for Climate, Energy and the Environment, the name of the Minister for Climate, Energy and the Environment shall, in so far as the proceedings relate to any function transferred by this Order, be substituted in the proceedings for that of the Minister for Housing, Local Government and Heritage or added in the proceedings, as may be appropriate, and the proceedings shall not abate by reason of such substitution.

5. Anything commenced before the commencement of this Order by or under the authority of the Minister for Housing, Local Government and Heritage may, in so far as it relates to any functions transferred by this Order to the Minister for Climate, Energy and the Environment, be carried on or completed on or after such commencement by the Minister for Climate, Energy and the Environment.

6. Every document (including any certificate or licence) granted or made in the performance of a function transferred by this Order shall, if and in so far as it was operative immediately before the commencement of this Order, have effect from such commencement as if it had been granted or made by the Minister for Climate, Energy and the Environment.

7. References to the Minister for Housing, Local Government and Heritage contained in the constitution of any company and relating to any function transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Climate, Energy and the Environment.

8. (1) All property, rights and liabilities held, enjoyed or incurred before the commencement of this Order by the Minister for Housing, Local Government and Heritage, in connection with the functions transferred by this Order are transferred to the Minister for Climate, Energy and the Environment and, accordingly, without any further conveyance, transfer or assignment, on such commencement –

(a) that property, both real and personal, vests in the Minister for Climate, Energy and the Environment,

(b) those rights shall be enjoyed by the Minister for Climate, Energy and the Environment, and

(c) those liabilities are liabilities of the Minister for Climate, Energy and the Environment.

(2) All moneys, stocks, shares and securities transferred to the Minister for Climate, Energy and the Environment by this Article which, on the commencement of this Order, are standing in the name of the Minister for Housing, Local Government and Heritage shall, on the request of the Minister for Climate, Energy and the Environment, be transferred into the name of the Minister for Climate, Energy and the Environment.

SCHEDULE

Part 1

Dumping at Sea Act 1996 (No. 14 of 1996)

Foreshore and Dumping at Sea (Amendment) Act 2009 (No. 39 of 2009)

Microbeads (Prohibition) Act 2019 (No. 52 of 2019)

Part 2

European Communities (Marine Strategy Framework) Regulations 2011 (S.I. No. 249/2011)

GIVEN under the Official Seal of the Government,

22 July, 2025.

MICHEÁL MARTIN,

Taoiseach.