New Forest Act 1949

18Power of Minister to grant licences

(1)The Minister may, by licence granted for any period not exceeding sixty years and on such terms as to payments or otherwise and subject to such conditions as may be specified in the licence.—

(a)grant rights of way, and authorise the making of ways, over land in the Forest for the benefit of land owned in severalty otherwise than by the Minister and surrounded by or abutting on the Forest;

(b)with the agreement of the verderers authorise the placing on, over or under land in the Forest of lines for telegraphic or telephonic communication, lines for the supply of electric light or power, and pipes, and of structures and works for use in connection with such lines or pipes;

(c)with the agreement of the verderers authorise the use of land in the Forest for the purpose of recreation and the erection on such land of buildings or other works for that purpose and the enclosure of such land in so far as its enclosure is necessary to preserve the land for use for that purpose or to preserve buildings or works erected or constructed by virtue of this paragraph;

(d)with the agreement of the verderers authorise the appropriation of land in the Forest for parking places for vehicles and the enclosure of land so appropriated in so far as its enclosure is necessary to protect vehicles parked thereon.

(2)Land enclosed by virtue of this section shall be held free from all rights of the commoners, and anything authorised to be done under this section may be done notwithstanding that it interferes with such rights.

(3)As soon as may be after the end of each year in which any licence is granted under subsection (1) of this section the Forestry Commissioners shall ascertain the area of land in the Forest subject to rights of the commoners which have been abrogated or diminished in consequence of the granting of such licences during that year, and shall pay to the verderers such compensation in respect of the interference with the said rights of the commoners as the Forestry Commissioners may after consultation with the verderers determine.

(4)Subject to the provisions of subsection (2) of this section, a licence under this section shall operate only so as to bind the interest of the Minister; and in particular—

(a)such a licence shall not dispense from compliance with the requirements of any enactment;

(b)nothing in this section shall authorise interference with any right of the public to use highways crossing land in the Forest.