Coast Protection Act 1949

The council of each maritime . . . F1 district shall, subject to the provisions of any order under the next following section, be the coast protection authority for the . . . F1 district, as the case may be.

A coast protection authority shall have such powers and perform such duties in connection with the protection of land in their area as are conferred or imposed on coast protection authorities by this Act.

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A council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 any part of whose area adjoins the sea shall be the coast protection authority for that area.

A coast protection authority shall have such powers and perform such duties in connection with the protection of land in their area as are conferred or imposed on coast protection authorities by this Act.

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Subject to the provisions of this section, the Minister may, where it appears to him expedient for the protection of land in any area, make an order providing for the constitution of a board, to be known as a coast protection board, which shall be the coast protection authority for that area.

An order under this section may, if it appears expedient to the Minister, be made so as to relate only to such functions under this Act as may be specified in the order, or to the exercise of such functions only in such particular case as may be so specified.

An order under this section which provides for the inclusion in a coast protection board of representatives of any body mentioned in paragraphs (b) to (e) of subsection (2) of this section shall be made jointly by the Ministers concerned, and in relation to such an order the last foregoing subsection shall have effect as if, for the reference to the Minister, there were substituted a reference to the Ministers concerned.

An order revoking an order under this section may contain such provisions for the dissolution of the board constituted by the order revoked, and for the disposal of property, rights and liabilities of that board, as appear expedient to the Minister or the Ministers concerned.

Any power conferred by this section to make an order shall be exercisable by statutory instrument.

This section shall not apply to Scotland.

F200Subject to the following provisions of this Act, a F255coastal erosion risk management authority shall have power to carry out such coast protection work, whether within or outside their area, as may appear to them to be necessary or expedient for the protection of any land in their area.

F200A F255coastal erosion risk management authority may carry out coast protection work inside or outside the authority's F256area if Conditions 1 and 2 are satisfied.

Condition 1 is that the authority thinks the work desirable having regard to the national flood and coastal erosion risk management strategies under sections 7 and 8 of the Flood and Water Management Act 2010.

Condition 2 is that the purpose of the work is to manage a coastal erosion risk, within the meaning of Part 1 of the Flood and Water Management Act 2010, in the authority's F258area.

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F201A coast protection authority may enter into an agreement with any other person for the carrying out by that person or by the authority, on such terms as to payment or otherwise as may be specified in the agreement, of any coast protection work which the authority have power to carry out under this Part of this Act.

Without prejudice to the powers hereinafter conferred on coast protection authorities, the foregoing provisions of this section shall have effect only for the purpose of removing any limitation imposed by law on the capacity of such an authority by virtue of its constitution; and the said provisions shall not authorise any act or omission on the part of such an authority which apart from this section is actionable at the suit of any person on any ground other than such a limitation.

Subject to the provisions of this Act as to works schemes, a F203coast protection authorityF203coastal erosion risk management authority proposing to carry out any coast protection work, other than work of maintenance or repair, shall publish in one or more local newspapers circulating in the F204area of the authorityF204area in which the proposed work is to take place and in such other manner (if any) as may be prescribed by regulations made by the Minister or as the Minister may in any particular case direct, such notice of that proposal, including an estimate of the cost of the work and containing a sufficient indication of the effect of subsection (3) of this section, as may be so prescribed or as the Minister may so direct, and shall serve a like notice F14on any F15river authority or other drainage authority in whose areaF205F14on the National Rivers Authority and on any internal drainage board in whose districtany of the work is to be carried outF205on the persons listed in subsection (1A).

Where regulations made by the Minister so prescribe or the Minister in any particular case so directs, a like notice shall be served on such other authorities or persons as may be specified in the regulations or direction.

Where a notice has been published by an authority under subsection (1) of this section, any person may serve on the Minister F207and on the authorityF207, the authority proposing to carry out the work and, in the case of work proposed by a coast protection authority, the F274appropriate agency, in the manner and within the period prescribed by regulations made by the Minister, notice of objection to the proposal.

F208In the case of work proposed by a coast protection authority, As soon as may be after the time for serving notices of objection under subsection (3) of this section has expired the F279MinisterF275appropriate agency shall either approve the proposal or direct the authority not to carry out the proposed work or impose such modifications of the proposal or such conditions as to the carrying out of the work as he may think fit, having regard to the determination of objections as aforesaid.

In the application of this section to Scotland, subsection (4) shall have effect as if in the proviso for the words from “by a F15river authority” to “any other harbour authority” there were substituted the words “by a harbour authority other than the authority for a harbour principally used by the fishing industry”, and as if for the words “the said powers” there were substituted the words “the powers of the Minister under this subsection”.

A works scheme shall not have effect unless confirmed by the Minister in accordance with the following provisions of this Act.

A works scheme may indicate land (hereinafter referred to as “contributory land”) as land in respect of which coast protection charges are to be payable under the scheme on the ground that it will be benefited by the carrying out of the work provided for by the scheme.

Coast protection charges under a works scheme shall be levied by reference to interests in contributory land.

The coast protection charge payable by reference to any such interest shall not exceed the amount by which the value of the interest immediately after the time at which the works provided for by the scheme have been completed, calculated on the assumption that those works will in future be maintained without expense to the person entitled to the interest in question, is greater than the value of that interest would then be if the works had not been undertaken:

Where a works scheme contains such a statement as is mentioned in paragraph (b) of the last foregoing subsection, the authority may, at any time within the period specified in the scheme, determine the charges to be levied thereunder as mentioned in that paragraph, and shall serve on each person upon whom a charge is leviable under the scheme a notice containing full particulars of their determination as to all the charges to be so levied.

Any person aggrieved by the determination of an authority under the last foregoing subsection may appeal to the Minister on the ground that the determination is inequitable or unduly onerous; and the Minister, after giving to the appellant and the authority and any other person appearing to him to be concerned an opportunity of being heard by a person appointed by him for the purpose, may confirm, reduce or cancel the charge levied upon the appellant as the Minister may think fit.

Any dispute arising in connection with a works scheme as to whether a charge under the scheme exceeds the amount permitted by subsection (3) of this section shall be determined by arbitration; and if on any such arbitration it is determined that the charge exceeds that amount, the charge shall be reduced accordingly and the scheme and any notice served thereunder shall have effect as if the amount of the charge expressed therein were the amount permitted by the said subsection (3) as determined on the arbitration.

A F215coast protection authorityF215coastal erosion risk management authority by whom a works scheme is prepared shall publish, in one or more local newspapers circulating in the F216area of the authorityF216area in which the proposed work is to take place and in such other manner (if any) as may be prescribed by regulations made by the Minister or as the Minister may in any particular case direct, a notice stating that the scheme has been prepared, naming a place where a copy thereof may be seen at all reasonable hours, and containing a sufficient indication of the effect of subsection (3) of this section, and shall serve copies of the scheme on the owner and occupier of any land, other than land vested in and occupied by the authority, on which the work provided for by the scheme is to be F250carried out, on the appropriate agency (in the case of a scheme prepared by a coast protection authority) and on any internal drainage board in whose district any of the work is to be carried out, and on such other authorities or persons (if any) as may be prescribed by regulations made by the Minister or as the Minister may in any particular case direct.

Where a notice has been published by an authority under subsection (1) of this section, any person may serve on the Minister and on the authority, in the manner and within the period, not being less than twenty-eight days, prescribed by regulations made by the Minister, notice of objection to the scheme.

As soon as may be after the time for serving notices of objection under subsection (3) of this section has expired, the Minister shall make such order either confirming the scheme, as prepared by the authority or with modifications, or quashing the scheme, as the Minister may think fit having regard to the determination of any objections under the last foregoing subsection:

Where it appears to the Minister that a works scheme should be modified as mentioned in the proviso to the last foregoing subsection, he shall direct the authority by whom the scheme was prepared to serve notice of the proposed modification on the owners of the land proposed to be indicated as contributory land or the persons proposed to be specified as persons upon whom coast protection charges may be levied or whose charges are proposed to be increased, as the case may be; and any person on whom notice is served as aforesaid may object to the proposed modification, and the provisions of subsections (3) and (4) of this section as to the service of notices of objection and the determination of objections shall, so far as applicable, apply accordingly with the substitution, for references to the scheme, of references to the proposed modification.

Subject to the provisions of subsection (7) of the last foregoing section, the provisions of Part III of the First Schedule to this Act as to the validity of orders shall apply to an order made by the Minister under subsection (5) of this section:

A works scheme indicating land as contributory land shall, when operative, be a local land charge as respects the contributory land.

Subject to the provisions of the next following subsection, where a works scheme prepared by an authority is confirmed by the Minister the authority shall have power to take all necessary steps for carrying out the work provided for by the scheme.

Where a works scheme specifies work to be carried out on land neither vested in the authority nor proposed to be acquired by them for the purposes of the scheme, the owner of the land may, at any time not later than the expiration of six weeks after the confirmation of the scheme, serve a notice on the authority stating that he proposes to carry out the work; and where such a notice is served and not withdrawn, the authority shall not, except in accordance with the next following subsection, carry out that work.

Where an owner by whom a notice has been served under the last foregoing subsection fails to carry out the work to which the notice relates in accordance with the scheme, the authority may give notice to him that unless the work is so carried out within such period as may be specified in the notice the authority will themselves carry out the work; and if where such a notice has been given by the authority the work is not so carried out within the said period, the authority shall have power to take all necessary steps for carrying out the work in accordance with the scheme.

Section five of this Act shall not apply to any proposal of a F218coast protection authorityF218coastal erosion risk management authority to carry out work provided for by a works scheme.

A F219coast protection authorityF219coastal erosion risk management authority to whom a coast protection charge is payable by any person may, if he so requires, by order declare that it shall be payable by instalments over a period specified in the order not exceeding thirty years, with interest at suchF27rate as may be determined by regulations made by the Minister.F27reasonable rate as may be determined by the authority

Any such instalment, or any part thereof, may, at any time after it has fallen due, be recovered from the person for the time being entitled to the interest in land by reference to which the charge was levied; and where that person is the owner the instalment, or any part thereof, may be recovered from the occupier for the time being of the land, and, if recovered from the occupier, may be deducted by him from the rent of the land:

An order may be made under subsection (2) of this section at any time with respect to the unpaid balance of any coast protection charge, so however that the period for repayment shall not in any case extend beyond thirty years from the time when the charge first became due.

The making of an order under the said subsection (2) as respects a coast protection charge shall not prevent the charge from being discharged at any time by the payment to the F220coast protection authorityF220coastal erosion risk management authority of the unpaid balance of the charge together with any accrued interest thereon.

Where the interest by reference to which a coast protection charge is levied is subject to a mortgage, then, at the time while the mortgagee is in possession or in receipt of the rents or profits, the charge or any instalment in respect thereof for the time being due and remaining unpaid shall be payable by the mortgagee, and not by the person entitled to the interest.

Where at a time when a coast protection charge or any instalment in respect thereof is due and remains unpaid a person is in receipt of the rents and profits of land as agent for the person entitled to the interest by reference to which the charge is levied, the charge or instalment may, subject to the next following subsection, be recovered from the agent.

References in this section to the payment or recovery of an instalment in respect of a coast protection charge shall be construed as including references to the payment or recovery, as the case may be, of any accrued interest in respect of the charge.

Any amount paid by a mortgagee in respect of a coast protection charge or in respect of expenses incurred in carrying out work under a works scheme shall be treated as if it were secured by the mortgage, with the like priority and with interest at the same rate as the mortgage money:

In the application of this section to Scotland, the last foregoing subsection shall have effect as if for paragraph (a) there were substituted the following paragraph—

and as if paragraphs (c) and (d) were omitted.

Where it appears to a F222coast protection authorityF222coastal erosion risk management authority that for the protection of land in their area any works are in need of maintenance or repair, the authority may serve on the owner and occupier of the land on which the works are situated a notice specifying the work of maintenance or repair which the authority consider to be necessary and a period after the expiration of which the authority will carry out that work if it has not been previously completed.

If at the expiration of the period specified in a notice under the last foregoing subsection the work so specified has not been completed, the authority may take all necessary steps for carrying out the work.

If it appears to a F223coast protection authorityF223coastal erosion risk management authority to be urgently necessary for the protection of land in their area that any works should be repaired immediately, the authority may take all necessary steps for repairing them without having served any notice under subsection (1) of this section, or notwithstanding that the time for completing the work specified in any such notice has not expired.

Nothing in this section shall authorise a coast protection authority to carry out any work of maintenance or repair on works which the British Transport Commission, or an Executive established by or under section five of the M10Transport Act 1947, have for the time being power to maintain.

Where under the last foregoing section a F224coast protection authorityF224coastal erosion risk management authority have carried out any work of maintenance or repair on works not being works constructed, altered or improved under a works scheme and not being works in respect of which a scheme under this section has come into operation, the authority may, subject to the provisions of this section, on the completion of the work recover the reasonable cost of the carrying out of the work from the owner or occupier of the land on which the works are situated.

The right of recovery conferred by the last foregoing subsection shall not be exercisable unless a notice in respect of the work in question has been served under subsection (1) of the last foregoing section and the notice contained a statement that the works to be maintained or repaired are works to which this section applies, stated whether the authority propose to exercise their right of recovery against owner or against the occupier, and contained a sufficient indication of the effect of this section.

A summons granted on a complaint under the last foregoing subsection shall be served on the F226coast protection authorityF226 coastal erosion risk management authority and, if the complaint is made on the ground specified in paragraph (a) of the last foregoing subsection, on whichever of the owner and the occupier is not the complainant.

The Summary Jurisdiction Acts shall apply to the proceedings on any complaint under subsection (3) of this section; and where any party to the proceedings is aggrieved by the decision of the court on any such complaint he may appeal to F30the Crown Court.

Save as expressly provided in the last foregoing subsection, the determination by the court of a complaint under paragraph (c) of subsection (3) of this section shall be conclusive, as respects any right of recovery under this section, of the matter of the complaint.

A F228coast protection authorityF228coastal erosion risk management authority may be authorised by the Minister to acquire by compulsory purchase any land which they are authorised by section four of this Act to acquire by agreement, and the F31Acquisition of Land Act 1981, shall apply in relation to any such compulsory purchase F32as if this Act had been in force immediately before the commencement of that Act:

F230Any dispute arising under the proviso to the last foregoing subsection shall, on the application of any person concerned, be determined by arbitration; and for the purposes of F33section 23(3) of the Acquisition of Land Act 1981, as applied by the last foregoing subsection, the provisions of this subsection shall be deemed to be a requirement of that Act.

In the application of this section to Scotland, for any reference to the F34Acquisition of Land Act 1981, and to F35section 23(3) thereof there shall be substituted a reference to the M11Acquisition of Land (Authorisation Procedure) (Scotland) Act, 1947, and to paragraph 15 of the First Schedule thereto.

No person shall be liable, by reason only that he is subject to an obligation to which this section applies, to maintain or repair any works being either works constructed, altered or improved under a works scheme or works for whose maintenance or repair provision is made by a scheme under section thirteen of this Act.

This section applies to any obligation to carry out coast protection work to which a person would be subject by reason of tenure, custom, prescription or otherwise if this Act had not been passed.

Subject to the provisions of subsection (1) of this section, nothing in this Part of this Act shall operate to release any person from any obligation to which this section applies.

If any person who, by reason of any such obligation as aforesaid, is liable to carry out any coast protection work fails to carry out that work, any coast protection authority in whose area the work ought to be carried out or to whom it appears that the work is necessary or expedient for the protection of any land in their area may serve a notice on the person liable to carry out the work requiring him to carry it out within such period as may be specified in the notice, and if within that period he fails to comply with the notice, the authority by whom the notice was served may carry out the work and may recover from him any expenses reasonably incurred by the authority in carrying it out.

Where it is represented to the Minister by a coast protection authority that any sea defence commissioners have failed to carry out any coast protection work which the commissioners are authorised or required by their local Act to carry out and which is necessary or expedient for the protection of land in the area of the authority, the Minister may, after giving to the commissioners an opportunity of making representations to him with respect thereto, make an order authorising the coast protection authority to carry out the work and to recover from the commissioners any expenses reasonably incurred by the authority in carrying it out or such part of those expenses as the Minister may think fit.

Subject to the provisions of the next following section, any person who carries out any coast protection work, other than work of maintenance or repair, without the consent in writing of the coast protection authority in whose area the work is to be carried out, or in contravention of any conditions subject to which that consent is granted, shall be guilty of an offence under this Act.

Without prejudice to any proceedings under the last foregoing subsection, where any person has constructed, altered or improved any works in contravention of that subsection or of any such condition as aforesaid, the said coast protection authority may serve a notice on him requiring him, within such period (not being less than thirty days) as may be specified in the notice, to remove the works or to make such alteration therein as may be so specified.

If within the period specified in a notice under the last foregoing subsection the person on whom the notice is served fails to comply therewith, the coast protection authority may themselves remove or alter the works, as specified in the notice, and if they do so they shall be entitled to recover the expense thereof from the person on whom the notice was served.

Where for the purposes of subsection (1) of this section application is made to a coast protection authority for their consent, they shall, before determining the application, give notice thereof to any coast protection authority whose area adjoins their area F36and to any river board or other drainage authority whose area comprises the whole or any part of their area, and shall consider any representations made by any such authority.F36F266and to the appropriate agency and to any internal drainage board whose district comprises the whole or any part of their area, and shall consider any representations made F267by the appropriate agency or by any such authority or board.

A coast protection authority in England or Wales shall have power to institute proceedings for a contravention of subsection (1) of this section.

Work excluded from the operation of the last foregoing section by virtue only of paragraphs (b) to (e) of the last foregoing subsection shall not be carried out except in accordance with the following provisions of this section; and any body or person who contravenes the provisions of this subsection shall be guilty of an offence under this Act.

Where notice of objection has been served under the last foregoing subsection and has not been withdrawn, the Minister and any other Minister being a Minister concerned, after affording to the undertakers and to the objectors and, if the objectors are not the coast protection authority in whose area the work is to be carried out, to that authority, an opportunity of being heard by a person appointed by the said Ministers for the purpose, shall determine the objection.

Where an objection has been determined under the last foregoing subsection, the appropriate Minister shall either direct that the undertakers shall be at liberty to carry out the work (whether as specified in the notice given by them under subsection (3) of this section or subject to such modifications or conditions as the appropriate Minister may think fit, having regard to the determination of the objection as aforesaid) or shall direct the undertakers not to carry out the work.

A coast protection authority in England or Wales shall have power to institute proceedings for a contravention of subsection (2) of this section.

Nothing in this section shall prevent any body or person from carrying out, without the provisions of this section having been complied with, any coast protection work which appears to them or him to be urgently necessary for the protection of any land; but where any work is so carried out, being work to which subsection (2) of this section applies, the undertakers shall, before or as soon as possible after the commencement of the work, give to the coast protection authority in whose area the work is carried out notice of the nature of the work.

For the purposes of subsection (4) of this section, a Minister shall be deemed to be a Minister concerned if he is the appropriate Minister or, in a case where the notice of objection was F41served F280by the appropriate agency or an internal drainage board and the appropriate Minister is not F40the Minister of Agriculture, Fisheries and Food, if he is the appropriate Minister or F40the Minister of Agriculture, Fisheries and Food.

In the application of this section to Scotland, paragraph (b) of the last but one foregoing subsection shall have effect as if for the words from “to which the Fishery Harbours Act” to the end of the paragraph there were substituted the words “principally used by the fishing industry F42or are a highway authority, means the Minister; and”

Work excluded from the operation of the last foregoing section by virtue only of paragraphs (b) to (e) of the last foregoing subsection shall not be carried out except in accordance with the following provisions of this section; and any body or person who contravenes the provisions of this subsection shall be guilty of an offence under this Act.

Where notice of objection has been served under the last foregoing subsection and has not been withdrawn, the F45Scottish Ministers, after affording to the undertakers and to the objectors and, if the objectors are not the coast protection authority in whose area the work is to be carried out, to that authority, an opportunity of being heard by a person appointed by the F46Scottish Ministers for the purpose, shall determine the objection.

Where an objection has been determined under the last foregoing subsection, the F47Scottish Ministers shall either direct that the undertakers shall be at liberty to carry out the work (whether as specified in the notice given by them under subsection (3) of this section or subject to such modifications or conditions as the F47Scottish Ministers may think fit, having regard to the determination of the objection as aforesaid) or shall direct the undertakers not to carry out the work.

A coast protection authority in England or Wales shall have power to institute proceedings for a contravention of subsection (2) of this section.

Nothing in this section shall prevent any body or person from carrying out, without the provisions of this section having been complied with, any coast protection work which appears to them or him to be urgently necessary for the protection of any land; but where any work is so carried out, being work to which subsection (2) of this section applies, the undertakers shall, before or as soon as possible after the commencement of the work, give to the coast protection authority in whose area the work is carried out notice of the nature of the work.

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Subject to the provisions of this section, and notwithstanding anything contained in any other enactment, it shall be unlawful to excavate or remove any materials (other than minerals more than fifty feet below the surface) on, under or forming part of any portion of the seashore to which the provisions of this section are applied.

The provisions of the last foregoing subsection shall not affect the excavation or removal of any materials by the F49Secretary of State in the exercise of the powers conferred upon him by Part II of this Act, or the excavation or removal thereof by any other person in compliance with a notice served by that F49Secretary of State under the said Part II.

A coast protection authority may make an order applying the provisions of this section to any such portion of the seashore within their area or F50of the sea–shore lying to seaward of their area but within three nautical miles of the baselines from which the breadth of the territorial sea adjacent to Great Britain is measured, as may be described in the order:

An order under this section shall be made in accordance with the provisions of the Second Schedule to this Act, and, subject to the provisions of Part II of that Schedule as to interim orders, shall not have effect unless confirmed by the Minister as therein mentioned.

The authority by whom an order has been made under subsection (3) of this section may grant to any person a licence, as respects any portion of the seashore described in the order, to do anything which would otherwise be a contravention of subsection (1) of this section, and any such licence may be granted subject to such conditions as the authority may determine:

An order under subsection (3) of this section may provide that this subsection shall have effect as respects any part specified in the order of the area to which the order relates, being a part of the area with which any drainage authority so specified is particularly concerned; and where an order so provides, the coast protection authority shall consult with the drainage authority before granting a licence under the last foregoing subsection relating to land in that part of the area.

Any person who, without such a licence as aforesaid, excavates or removes any materials in contravention of subsection (1) of this section, or fails to comply with any condition subject to which any such licence was granted, shall be guilty of an offence under this Act.

It shall be the duty of a coast protection authority to enforce the provisions of this section as respects any portion of the seashore to which those provisions are applied by an order made by them.

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Notwithstanding the repeal of the M14said Act of 1939 any order made, or deemed for the purposes of that Act to have been made, under section one of that Act, if in force immediately before the commencement of this Act, shall continue in force and have effect as if it had been made under this section by the appropriate coast protection authority and confirmed by the Minister in accordance with the provisions of the Second Schedule to this Act, or, if it is an interim order made by virtue of the proviso to subsection (1) of section one of the [said Act of 1939,] as if it had been made by the appropriate coast protection authority as an interim order in accordance with the provisions of Part II of the said Second Schedule; and any order continued in force as aforesaid may be amended or revoked accordingly.

In this subsection the expression “the appropriate coast protection authority” means the coast protection authority for the area which includes the portion of the seashore specified in the order continued in force, or, if that portion of the seashore includes the areas or parts of the areas of two or more coast protection authorities, means, as to so much of that portion of the seashore as falls within the area of any of the authorities, that authority.

Nothing in this section shall be construed as authorising a coast protection authority in Scotland to institute proceedings for any offence under this Act.

A claim for compensation under this section shall be made to the F232coast protection authorityF232coastal erosion risk management authority within twelve months of the completion of the work, the refusal of consent, or the imposition of conditions, giving rise to the claim.

Any dispute arising under this section shall be determined by arbitration.

In this section the expression “interest” includes any estate in or right over land.

Where the Minister undertakes to make, or makes, a grant under the next following section towards expenditure incurred under this Act by the council of a F52maritime district in England F53. . ., the council of the county within which the F52maritime district is situated shall pay to the council of the F52maritime district a contribution towards that expenditure of such amount and payable at such time as may be agreed between the two councils, or as, in default of agreement, may be determined by the Minister subject to the following provisions of this section.

So much of any contribution as is agreed between the county council and the F52maritime district council to be attributable to the protection of any F56roads for which the council was the F56roads authority when the relevant expenditure was incurred, or in default of such agreement so much thereof as is determined jointly by the Minister and the F57Secretary of State to be so attributable, shall be disregarded for the purposes of the last foregoing subsection.

The council of a county in England F58. . . may pay such contributions as they think fit towards any expenses incurred by any person other than the council of a F52maritime district within the county in respect of coast protection work carried out within the county or appearing to the council to be work for the protection of any land in the county.

The council of a F52maritime district in England F59, the council of a county or county borough in Wales. . ., not being a coast protection authority or a constituent authority of a coast protection board, may if they think fit defray, or contribute towards, the cost of carrying out any coast protection work which appears to the council to be necessary or expedient for the protection of any land in their area.

A coast protection authority may defray, or contribute towards, the cost of carrying out any coast protection work, whether within or outside their area, which appears to the authority to be necessary or expedient for the protection of any land in their area.

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The provisions of the M15F67Local Government Act 1972, as to the disposal and appropriation of land by a local authority, and those provisions as applied by order under section two of this Act, shall have effect in relation to land acquired by a coast protection authority, whether by agreement or compulsorily, being land falling within paragraph (b) of subsection (3) of section four of this Act, as the said provisions have effect in relation to land of a local authority which is not required for the purpose for which it was acquired or is being used.

It is hereby declared that any power of the council of a . . . F68 district in England F69, the council of a county or county borough in Wales, or F70a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 in Scotland, under any other enactment to provide concert halls, entertainment rooms, reading rooms, pavilions, restaurants or other places for the provision of meals or refreshments, bandstands, public conveniences or other buildings on land belonging or let to them, to lay out public parks, pleasure grounds or recreation grounds on such land, or to adapt or use land for any other public purpose, shall be exercisable in relation to any land acquired by them under this Part of this Act for the purpose of carrying out thereon any coast protection work, notwithstanding that the land continues to be required for that purpose or for works constructed in the course of carrying out the work; but the said power shall not be exercised so as to interfere with the use of the land for the said purpose, or with the maintenance or repair of such works, so long as it is required for the said purpose or so long as such works are required to be maintained.

In the application of this section to Scotland, subsection (1) shall have effect as if for the reference to the M16F67Local Government Act 1972, there were substituted a reference to the M17F71Local Government (Scotland) Act 1973, and as if the words “and those provisions as applied by order under section two of this Act” were omitted.

A F235coast protection authorityF235 coastal erosion risk management authority may sell any materials which have been severed by them from any land when carrying out work in the exercise of powers conferred by this Part of this Act and which are not before the expiration of fourteen days from the date of their severance claimed by the person to whom they belong.

Where a F236coast protection authorityF236 coastal erosion risk management authority sell any materials under this section, they shall pay the proceeds to the person to whom the materials belonged.

In arbitrations as to any question which under this Part of this Act is expressly required to be determined by arbitration, the reference shall be to the F176appropriate tribunal.

Rules 2 to 4 of the Rules set out in F72section five of the M18Land Compensation Act 1961 (which provides rules for valuation on a compulsory acquisition) shall apply for the purposes of any such arbitration.

For the purposes of any such arbitration, F72section four of the said Act of 1961 (which relates to costs) shall have effect with the substitution for the references to the acquiring authority of references to the F237coast protection authorityF237coastal erosion risk management authority .

Section nineteen of this Act shall apply to depreciation and disturbance caused by the exercise of the powers conferred by paragraphs (a) and (b) of the last foregoing subsection as it applies to depreciation and disturbance arising as mentioned in the said section nineteen.

Admission to any land used for residential purposes shall not be demanded as of right under this section unless twenty-four hours’ notice of the intended entry has been given to the occupier.

Any person entitled to enter upon any land by virtue of any right of entry under this section may take with him such other persons as may be necessary, and on leaving any unoccupied land which he has entered by virtue of such right shall leave it as effectually secured as he found it.

Any power of entry conferred by paragraph (a) or (b) of subsection (1) of this section shall include power to authorise the entry or passage of such persons, vehicles, plant and materials as may be necessary, and to authorise the carrying out of work for facilitating their passage.

Every warrant granted under this section shall continue in force until the purpose for which the entry is necessary has been satisfied.

Any person who wilfully obstructs a person exercising a right conferred by or under this section shall be guilty of an offence under this Act.

A F240coast protection authorityF240coastal erosion risk management authority may, for the purpose of enabling them to perform any of their functions under this Part of this Act, require the occupier of any land, and any person who either directly or indirectly receives rent in respect of any land, to state in writing the nature of his own interest therein and the name and address of any other person known to him as having an interest therein, whether as freeholder, mortgagee, owner, creditor in a heritable security, lessee or otherwise.

Any person who having been required by a F241coast protection authorityF241coastal erosion risk management authority in pursuance of this section to give to them any information fails to give that information or knowingly makes any misstatement in respect thereof shall be liable on summary conviction to a fine not exceeding F75level 1 on the standard scale.

Where, for providing convenient access to land on which any coast protection work has been or is proposed to be carried out, it appears to a F242coast protection authorityF242coastal erosion risk management authority necessary to obtain a right of passage over other land, the authority may, by agreement or compulsorily, secure the creation of such a right in their favour either in perpetuity or for such term (whether fixed or determinable by notice) as they consider requisite.

In this section the expression “right of passage” means a right of passage for persons, vehicles, plant and materials, and includes a right to carry out work for facilitating their passage.

The provisions of the Lands Clauses Acts as to the acquisition of land by agreement or compulsorily, the provisions of the M19F76Land Compensation Act 1961, the F77Acquisition of Land Act 1981, and the M20Lands Tribunal Act 1949, and the provisions of this Act relating to the acquisition of land, shall with such adaptations, exceptions and modifications as may be prescribed by regulations made by the Minister apply to securing the creation of such rights as aforesaid as they apply to the acquisition of land.

A F244coast protection authorityF244coastal erosion risk management authority may acquire by agreement, whether by way of purchase, feu, lease or exchange, any land required by them for providing convenient access to land on which any coast protection work has been or is proposed to be carried out, or may purchase any land required by them as aforesaid compulsorily in accordance with the provisions of subsection (1) of section fourteen of this Act.

In the application of this section to Scotland, for any reference to the F77Acquisition of Land Act 1981, there shall be substituted a reference to the M21Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947.

Where a person, not being a F245coast protection authorityF245coastal erosion risk management authority , desires to carry out any coast protection work in accordance with a works scheme or with a notice served under section twelve of this Act, and the work cannot be carried out by reason of any convenant or other restriction affecting his power to carry out the work, or of the objection, absence or disability of any person whose land it is reasonably necessary to enter for the purpose of carrying it out or across whose land it is reasonably necessary, in order to obtain access to the land on which it is to be carried out, to exercise the like rights as can be created in favour of a F245coast protection authorityF245coastal erosion risk management authority under the last foregoing section he may apply to the Minister for an order under this section authorising him to carry out the work or to exercise such rights, as the case may be.

Where a F246coast protection authorityF246coastal erosion risk management authority desire to carry out any coast protection work on land belonging to the authority, and the work is work which they are empowered to carry out by section four of this Act but are prevented from carrying out by reason of any covenant or other restriction affecting their enjoyment of the land, the authority may apply to the Minister for an order under this section authorising them to carry out the work.

An application under this section shall contain particulars of the proposed work and of any land required to be entered or across which the rights in question are required to be exercised and any such further particulars as the Minister may in any particular case require; and the applicant shall serve notice of the application on any person known to him to be entitled to enforce any such covenant or restriction as aforesaid, and, in the case of an application under subsection (1) of this section, on the occupier of any land required to be entered or across which the rights in question are required to be exercised and on any other person by reason of whose objection the application is made.

Any person on whom notice of an application is served under this section, may, within four weeks after the service thereof, serve notice of objection on the applicant and on the Minister; and where such notice of objection is served and not withdrawn, the Minister shall give to the objector and the applicant an opportunity of being heard by a person appointed by him for the purpose.

At any time after the Minister is satisfied that the time for serving notice of objection to an application under this section has expired and that every objector has had an opportunity of being heard as aforesaid, he may, after considering the report of any person appointed by him to hear objections, make an order authorising the applicant to carry out the work or enter on the land or exercise the said rights, as the case may be, subject to such conditions, if any, as may be specified in the order; and any such order may require the applicant to pay to any person affected such compensation as may be provided for in the order.

If complaint is made to the Minister that a coast protection authority have failed to take sufficient measures for the protection of any land in their area, or he is of the opinion that an investigation should be made into the need for any such measures or the sufficiency of any measures so taken, he may cause a local inquiry to be held into the matter.

If after a local inquiry has been held under this section the Minister is satisfied that there has been such a failure on the part of a coast protection authority, he may make an order declaring them to be in default and directing them to exercise such of their powers under this Act as may be specified in the order in such manner and within such time as may be so specified.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F78

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F79

An order constituting or dissolving a coast protection board . . . F80, shall make such provision (if any) as the Minister may require as to the transfer, compensation and pension rights of officers and servants of the authorities concerned.

References in the last foregoing subsection to an order constituting a coast protection board . . . F80 shall be construed . . . F80 as including references to an order . . . F80 varying the constitution of such a board . . . F80

If it appears to the Minister that any provision of a local Act in force at the commencement of this Act is inconsistent with any of the provisions of this Part of this Act, or is no longer required, or requires to be amended, having regard to the powers and duties conferred and imposed by this Part, he may by order repeal or amend that provision as he may consider appropriate; and any order under this section may contain such incidental, consequential or supplemental provisions as appear to the Minister expedient for the purposes of the order.

Any order under this section made after the expiration of two years from the passing of this Act shall be subject to special parliamentary procedure.

The power to make orders conferred by this section shall be exercisable by statutory instrument.

Subject to the provisions of this section, this Part of this Act shall be binding on the Crown and shall apply in relation to any Crown land as it applies in relation to any other land.

Except with the consent of the appropriate authority, no interest in Crown land shall be acquired by compulsory purchase under this Part of this Act.

Except with the consent of the appropriate authority, nothing in this Part of this Act shall operate so as to require the Crown or that authority to pay any coast protection charge in respect of any land, or authorise any person to enter upon any Crown land.

An order under section eighteen of this Act shall not bind the Crown if the order has effect without being confirmed by the Minister.

In this section the expression “ecclesiastical corporation” means any ecclesiastical corporation within the meaning of the M23Episcopal and Capitular Estates Act 1851, and includes the incumbent of a benefice; and the expression “benefice” has the meaning assigned to it by section forty-seven of the Tithe M24Act 1936.