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Dáil Éireann debate -
Tuesday, 23 May 1978

Vol. 306 No. 10

Written Answers. - Foreshore Act, 1933.

110.

asked the Minister for Tourism and Transport how the level of rent for leases and licences under the Foreshore Act, 1933 are determined; and the criteria used in granting such leases and licences.

Section 2 (1) of the Foreshore Act, 1933 gives me the power to grant leases or licences in respect of the foreshore, that is the beach and sea bed below high water marks, where it is in the public interest to do so. Section 2 (2) of the Act empowers me to charge such moneys whether by way of fine, rent, fee, royalty and so forth, as I think proper in respect of every such lease or licence. It also empowers me to grant any such lease or licence free of any payment where I am of opinion that it is in the public interest to do so.

Certain types of leases and licences are normally granted free of rent or at nominal rent. These would comprise in the main cases where occupation of State-owned foreshore is necessary in connection with the creation or maintenance of works of public amenity, for example, road widening works, provision of promenades, car parks, erection of sea-walls, the provision of slipways and landing facilities by the Office of Public Works, the laying of sewerage and drainage pipes and so forth.

Where leases or licences of State-owned foreshore are required by commercial undertakings the practice is to charge economic rents based on the value to the lessees of the facility being leased and the economic or commercial benefit to be gained from the development and use of the facility. In such cases the advice of the Valuation Office is obtained as to the level of rent or fee to be charged.

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