Written answers

Tuesday, 7 November 2017

Department of Justice and Equality

Foreshore Issues

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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541. To ask the Tánaiste and Minister for Justice and Equality if seaweed harvesters who have been cutting seaweed on a set area of State-owned foreshore and-or taking dislodged seaweed cast up on a particular stretch of seashore can register their traditional rights under the Land and Conveyancing Law Reform Act 2009; the other options available to register their traditional right; and if he will make a statement on the matter. [46716/17]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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The position is that general matters relating to State-owned foreshore are set out in the Foreshore Acts 1933 to 2011. The Acts contain provisions dealing with leases and licences of foreshore, as well as the removal of beach material, including seaweed. Foreshore functions under these Acts were transferred to the Minister for Housing, Planning and Local Government under section 1 of the 2011 Act. 

Part 8 of the Land and Conveyancing Law Reform Act 2009 contains provisions concerning the ownership of appurtenant rights, i.e. easements, such as rights of way, and profits-à-prendre, such as the right to cut timber or turf on land owned by another person. The Deputy will appreciate, however, that I am not in a position to state whether the cutting of seaweed or the collection of dislodged seaweed in a particular place constitutes a profit-à-prendrefor the purposes of Part 8 of the 2009 Act. 

Section 35 of the 2009 Act, as amended, provides that an easement or profit-à-prendremay be acquired at law on registration of a court order or where the Property Registration Authority is, following application by the person claiming entitlement to the easement of profit-à-prendreconcerned, satisfied that there is such an entitlement.  A Practice Direction entitled "Appurtenant Rights" is available on the Authority's web site (www.prai.ie).

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