Foreshore Act, 1933

Order prohibiting removal of beach material from seashore.

6.—(1) In this Act the expression “prohibitory order” means an order made, or deemed to have been made under this section prohibiting the removal of beach material from an area of seashore.

(2) 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.

(3) The Minister may by order at any time at his discretion, revoke or amend a prohibitory order.

(4) 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.

(5) 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 under this section and shall be liable on summary conviction thereof in the case of a first offence, to a fine not exceeding ten pounds, and, in the case of a second or any subsequent offence, to a fine of ten pounds and, in every case to forfeiture of the beach material so removed.

(6) Every order made under section 14 of the Harbours Act, 1814, and in force at the passing of this Act shall continue in force notwithstanding the repeal of that section by this Act, and every such order shall for all purposes be deemed to have been made under this section on the date on which it was actually made although such date is prior to the passing of this Act.

(7) A prohibitory order shall not operate to prevent the granting under this Act 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) under this Act.