Shooting foreshore inland lakes

dto001

Hi lads
Does anyone know the where the land owner owns to on the inland lakes? We were shooting this morning one on the shore and the other in a boat have done so for years and was told by the new land owner that he owned 20 yards into the lake as he had bought it off the ESB I thought you could access below the high water mark as this belonged to the state and anything above the high water mark was private. Anyone know anything or where I can find out?
Cheers

barnaman

If the lake you were shooting on is a State owned lake and it is named on your foreshore licence then you are free to shoot from the boat. Otherwise the position is that the landowner adjoining a lake owns the lake out from where it meets his "land" to the middle point of the lake.(land includes the land under the lake, the shore point can vary from summer to winter depending if lake in flood etc). The sporting rights extend out to that same middle point. The land owner normally owns the sporting rights, the bit about the ESB selling rights to him seems very odd, but if you really want to know check the folio of the land in question. By way there is no high water point on inland lakes as they are not tidal and there is no foreshore check the definition of foreshore in the Wildlife Acts. State owned inland lakes can only be shot from a boat unless shooting on State land adjoining the lake. Also if there is a private wildlife sanctuary in place you cannot shoot the area even if it is a State lake.

darg

barnaman wrote: »

If the lake you were shooting on is a State owned lake and it is named on your foreshore licence then you are free to shoot from the boat. Otherwise the position is that the landowner adjoining a lake owns the lake out from where it meets his "land" to the middle point of the lake.(land includes the land under the lake, the shore point can vary from summer to winter depending if lake in flood etc). The sporting rights extend out to that same middle point. The land owner normally owns the sporting rights, the bit about the ESB selling rights to him seems very odd, but if you really want to know check the folio of the land in question. By way there is no high water point on inland lakes as they are not tidal and there is no foreshore check the definition of foreshore in the Wildlife Acts. State owned inland lakes can only be shot from a boat unless shooting on State land adjoining the lake. Also if there is a private wildlife sanctuary in place you cannot shoot the area even if it is a State lake.

How could anybody's first ever post be so completely wrong?? The foreshore of a state owned lake is the area from the shore up to six foot past the high water point. The only contentious issue with a foreshore licence is that it doesn't permit the holder to access the foreshore by crossing the landowners land to get to it (unless you have his permission). Obviously there's no problem accessing state owned foreshore by boat

barnaman

Sorry but its completely right. Wildlife Act, 1976 s.2 "foreshore” has the same meaning as in section 1 of the Foreshore Act, 1933.
The Foreshore Act s.1 states "the word “foreshore” means the bed and shore, below the line of high water of ordinary or medium tides, of the sea and of every tidal river and tidal estuary and of every channel, creek, and bay of the sea or of any such river or estuary;"
The 1976 Act defines inland waters as “inland waters” means any waters comprised in the internal or inland waters of the State;
And lastly s.30 of the 1976 Act states 30.—"(1) It shall not be lawful for a person, without the permission of the Minister, to hunt fauna on or over foreshore belonging to the State or on or over land belonging to the State and which is either covered by any inland waters or comprised in the lakeshore accretion from any lake."

As you will see there is no 6 foot margin mentioned anywhere in the Act nor does that distance have any legal basis. If there is a legal source please post it. My reason for posting is that that there is a lot of cod law on Boards that is simply wrong such as that suggested by you. As I said in my reply to OP inland lake do not have a High Water point how can they they are not tidal!

J. Ramone

To say the 6 foot assumption is invalid suggests you are sure that the courts have not used it as an interpretation of the legislation you have quoted. Would the boggy ground extending approximately 6 feet from the highest visible flood mark possibly be interpreted as being comprised in the lakeshore accretion?

dto001

I always assumed that on lakes that there was a high/low water mark that were the winter/summer levels of the lake and these were owned by the state especially areas that can be flooded by dam's eg. Ardnacrusha

cookimonster

And lastly s.30 of the 1976 Act states 30.—"(1) It shall not be lawful for a person, without the permission of the Minister, to hunt fauna on or over foreshore belonging to the State or on or over land belonging to the State and which is either covered by any inland waters or comprised in the lakeshore accretion from any lake."

In response to the above, section 7 of the terms and conditions of your Foreshore licence grants you permission to enter on to state owned foreshore, land covered by water or comprised in the lake shore accretion from any lake.....

Accretion in relation to bodies of water means - growth or increase by the gradual accumulation of additional layers or matter.- example: "the accretion of sediments in coastal mangroves".

This would be interpreted as the waters edge, the problem with lakes and rivers is that the waters edge is not constant and as said above can vary with season and climatic changes.