Coast Protection Act 1949

35Operations excepted from s. 34

(1)The following operations shall be excepted from the restriction imposed by subsection (1) of the last foregoing section, that is to say—

(a)anything done on, under or over a part of the seashore lying within any area closed by a lock or other artificial means against the regular action of the tide;

(b)the carrying out of any coast protection work approved by the Minister as mentioned in the next following subsection;

(c)the carrying out of any dredging operations (including the deposit of dredged materials) authorised by any local Act in accordance with the provisions thereof;

(d)the construction, alteration or improvement of any works more than fifty feet below the surface in connection with the getting of minerals;

(e)any work to which the consent of the Admiralty, either alone or jointly with any other government department, is required by virtue of any local Act, or by virtue of such Act and any notice given and published by the Admiralty under section nine of the Harbours Transfer Act, 1862;

(f)any work which a conservancy authority or a harbour authority or a navigation authority is empowered to carry out for the removal of any vessel sunk or stranded or of anything causing or likely to cause obstruction or danger to navigation ;

(g)any work carried out by, or in accordance with a licence or permission granted by, such an authority in pursuance of any Act, where—

(i)the Act requires that if the approval of the Minister of Transport is not previously obtained to the work other conditions must be complied with, and

(ii)the said approval has been so obtained or the said conditions are complied with.

(2)For the purposes of paragraph (b) of the last foregoing subsection, any coast protection work shall be deemed to have been approved by the Minister—

(a)if an objection to the proposal to carry out the work was determined under the provisions of Part I of this Act and the work does not contravene any directions given or modifications or conditions imposed by the Minister under those provisions, or if the work is carried out in accordance with a works scheme;

(b)if the Minister has made, or agreed to make, a grant under the said Part I towards expenditure incurred or to be incurred in carrying out the work or has consented to the borrowing of money by a coast protection authority for the purpose of defraying or contributing to expenditure so incurred or to be incurred.