Foreshore Act, 1933

Power for Minister to grant licences of foreshore.

3.—(1) 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 belonging to Saorstát Eireann 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 this 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.

(2) Every licence granted under this section 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.

(3) Where, in the opinion of the Minister, a licence proposed to be granted under this section 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 in this section, be granted by way of permission in writing signed by the Minister or one of the principal officers of his Department.

(4) Notwithstanding anything contained in this section, no licence requiring payment by the licensee of a rent or other annual payment exceeding ten pounds a year shall be granted under this section without the sanction of the Minister for Finance.

(5) Every licence granted under this section 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.

(6) No licence granted under this section shall contain any covenant or agreement for the renewal of such licence.

(7) Every licence granted 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 licence is granted.

(8) No licence granted under this section 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.

(9) Whenever an application is made to the Minister for the grant of a licence under this section, the Minister may, if he thinks fit, hold a public inquiry in regard to the granting of such licence.