Coast Protection Act 1949

Part IVU.K. Supplementary

41 Expenses.U.K.

(1)Save as expressly provided in this Act, any expenses incurred by the Minister or by the [F1Secretary of State] or any other Minister or government department under this Act shall be defrayed out of moneys provided by Parliament.

(2)Any increase attributable to this Act in the sums payable out of moneys provided by Parliament under [F2Part I of the M1Local Government Act 1974 or Part I of the M2Local Government (Scotland) Act 1966], shall be defrayed out of moneys so provided.

42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3U.K.

43 Penalties for offences. U.K.

Save as hereinbefore expressly provided, any person committing an offence under any provision of this Act shall be liable on summary conviction, in the case of a first offence under that provision, to a fine not exceeding [F4ten pounds][F4level 3 on the standard scale] and, in the case of a second or any subsequent offence thereunder, to a fine not exceeding [F4fifty pounds][F4level 3 on the standard scale].

44 Regulations and orders.U.K.

(1)Any power conferred on the Minister by this Act to make regulations shall be exercisable by statutory instrument; and every such instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(2)Any power conferred by this Act on the Minister or on Ministers or on a [F5coast protection authority] [F5coastal erosion risk management authority] to make an order or give any directions shall include a power, exercisable in the like manner and subject to the like conditions, to revoke or vary the order or directions.

45 Service of notices and other documents.E+W

(1)Any notice or other document which is required or authorised by or under this Act to be served on any person may be served either—

(a)by delivering it to that person, or leaving it or sending it in a prepaid letter to him at his usual or last-known address; or

(b)in the case of the council of a county, [F6county borough,] . . . F7 district [F8or in Scotland the council of a region, islands area or district], or an incorporated company or body, [F9[F10including the Environment Agency, the Natural Resources Body for Wales and an] internal drainage board, or a coast protection board], fishery board, [F11 inshore fisheries and conservation authority, ] F12... conservancy authority, highway authority, navigation authority, harbour authority or sea defence commissioners, not being an incorporated body, by delivering it to their clerk or secretary at their registered or principal office, or by sending it in a prepaid letter addressed to him at that office; or

(c)in the case of a notice or document to be served on any person as having any interest in land, if it is not practicable after reasonable inquiry to ascertain his name and address, by addressing it to him by the description of the person having that interest in the land (naming it), and delivering it to some responsible person on the land or affixing it, or a copy of it, to some conspicuous object on the land.

(2)The provisions of this section shall not apply to the service of any notice required or authorised to be served under the First Schedule to the M3Acquisition of Land (Authorisation Procedure) Act 1946, or the M4Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947, as applied by or under this Act to the compulsory purchase of land by a [F13 coastal erosion risk management authority ] or to the creation of such rights as are mentioned in section twenty-seven of this Act.

45 Service of notices and other documents.S+N.I.

(1)Any notice or other document which is required or authorised by or under this Act to be served on any person may be served either—

(a)by delivering it to that person, or leaving it or sending it in a prepaid letter to him at his usual or last-known address; or

(b)in the case of the council of a county, [F49county borough,] . . . F50 district [F51or in Scotland [F52a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994]], or an incorporated company or body,or a coast protection board, river board or other drainage authority, fishery board, [F11 inshore fisheries and conservation authority, ] [F12local fisheries committee,] conservancy authority, highway authority, navigation authority, harbour authority or sea defence commissioners, not being an incorporated body, by delivering it to their clerk or secretary at their registered or principal office, or by sending it in a prepaid letter addressed to him at that office; or

(c)in the case of a notice or document to be served on any person as having any interest in land, if it is not practicable after reasonable inquiry to ascertain his name and address, by addressing it to him by the description of the person having that interest in the land (naming it), and delivering it to some responsible person on the land or affixing it, or a copy of it, to some conspicuous object on the land.

(2)The provisions of this section shall not apply to the service of any notice required or authorised to be served under the First Schedule to the M13Acquisition of Land (Authorisation Procedure) Act 1946, or the M14Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947, as applied by or under this Act to the compulsory purchase of land by a coast protection authority or to the creation of such rights as are mentioned in section twenty-seven of this Act.

46 Local inquiries. U.K.

(1)The Minister or the [F14Secretary of State] may cause a local inquiry to be held in any case where it appears to him to be advisable to do so in connection with any matter arising under this Act.

(2)Notice of any such inquiry shall be given in such manner as the Minister, or the [F14Secretary of State], as the case may be, may direct, and all persons interested shall be permitted to attend the inquiry and to be heard thereat.

(3)The provisions of subsections (2) to (5) of [F15section two hundred and fifty of the M5Local Government Act 1972] (which relate to evidence at local inquiries and to defraying the costs thereof) shall apply to all inquiries held under this Act:

(4)In the application of this section to Scotland, there shall be substituted for any reference to subsections (2) to (5) of [F15section two hundred and fifty of the M6Local Government Act 1972], a reference to [F16subsection (2) and subsections (4) to (8) of section 210 of the M7Local Government (Scotland) Act 1973], and the proviso to subsection (3) of this section shall be omitted.

(5)Any inquiry in relation to an order under this Act affecting Scotland only, and which becomes in certain circumstances subject to special parliamentary procedure, shall, if the Minister or the [F14Secretary of State] so directs, be held by Commissioners under the M8Private Legislation Procedure (Scotland) Act 1936, and where any direction is so given—

(a)it shall be deemed to have been given under section two, as read with section ten, of the M9Statutory Orders (Special Procedure) Act 1945;

(b)if publication of notice in accordance with paragraph 1 of the First Schedule to this Act or paragraph 1 of the Second Schedule thereto, as the case may be, has been made, the provisions of subsection (1) of the aforesaid section two with regard to advertisement of notice shall be deemed to have been complied with; and

(c)the provisions of subsection (3) of this section shall not apply to such inquiry.

47 Savings.U.K.

Nothing in this Act or in any order made thereunder shall—

(a)[F17affect the powers conferred on the [F18Secretary of State] under the M10Dockyard Ports Regulation Act 1865;]

(b)[F19[F20affect any right conferred by or in accordance with [F21 the electronic communications code on the operator of an electronic communications code network ] or any duty of any such operator under that code;]]

[F22(c)authorise or require any person—

(i)to carry out any work of alteration, improvement, repair, maintenance, demolition or removal on any works constructed or maintainable by a [F23river authority] or other drainage authority, or

(ii)to carry out any work on land on which the sowing or planting of vegetation is carried out or vegetation is maintained by a [F23river authority] or other drainage authority,

unless the [F23river authority or other] authority consents or the work is to be done by, or under a scheme prepared by, a coast protection board on which the [F23river authority or other] authority is represented and is to be carried out in the area of that coast protection board;]

[F22(c)authorise or require any person—

(i)to carry out any work of alteration, improvement, repair, maintenance, demolition or removal on any works constructed or maintainable [F24by the Environment Agency, the Natural Resources Body for Wales or an] internal drainage board, or]

(ii)to carry out any work on land on which the sowing or planting of vegetation is carried out or vegetation is maintained [F25by the Environment Agency, the Natural Resources Body for Wales or an] internal drainage board,

[F26unless the Environment Agency, the Natural Resources Body for Wales] or the internal drainage board consents or the work is done by, or under a scheme prepared by, a coast protection board [F27on which the Environment Agency, the Natural Resources Body for Wales or the internal drainage board is represented] and is to be carried out in the area of that coast protection board;

(d)[F28authorise or require any person to carry out any work or do anything in contravention of the [F29the Ancient Monuments and Archaeological Areas Act 1979]; or]

(e)authorise or require any person to carry out any work of alteration, improvement, repair, maintenance, demolition or removal on any works constructed for the drainage of agricultural land in Scotland, unless the Secretary of State consents.

48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30U.K.

49 Interpretation.E+W

(1)In this Act, except where the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say:—

• [F31“appropriate agency” means—

  (a)

  the Environment Agency in relation to work in England;

  (b)

  the Natural Resources Body for Wales in relation to work in Wales;]

• F32[“drainage authority” [F33means the Environment Agency, the Natural Resources Body for Wales or] an internal drainage board;]

• “coast protection authority” has the meaning assigned to it by section one of this Act;

• “coast protection charge” has the meaning assigned to it by section six of this Act;

• [F34“coast protection work” means any of the following done for the purpose of managing a coastal erosion risk (within the meaning of Part 1 of the Flood and Water Management Act 2010)—

  (a)

  anything done to construct, alter, repair, maintain or remove works;

  (b)

  anything done for the purpose of maintaining or restoring natural processes;

  (c)

  planting vegetation.]

• “conservancy authority” and “harbour authority” have the same meanings as in the [F35Merchant Shipping Act 1995];

• “constituent authority,” in relation to a coast protection board, means a body or person represented on the board by virtue of an order made under section two of this Act;

• [F31“England” includes the territorial sea adjacent to England not forming any part of Wales;]

• “fishery board” means any such fishery board as is referred to in section forty-four of the M11Salmon and Freshwater Fisheries Act 1923, and includes the Tweed Commissioners;

• “functions” includes powers and duties;

• [F36“inshore fisheries and conservation authority” means the authority for an inshore fisheries and conservation district established under section 149 of the Marine and Coastal Access Act 2009;]

• “land” includes land covered by water;

• “local Act” includes a provisional order confirmed by Parliament and also includes any enactment in a public general Act, being an enactment which amends a local Act;

• F37...

• “local highway authority” means a highway authority other than the [F38Secretary of State];

• “maritime . . . F39 district” means a . . . F39 district [F40or Welsh county or county borough] any part of which adjoins the sea;

• “materials” includes minerals and turf, but does not include seaweed;

• “minerals” includes coal and stone and any metallic or other mineral substance;

• “Minister” means the [F41Secretary of State];

• “mortgage” includes any charge or lien for securing money or money’s worth, and “mortgagee” shall be construed accordingly;

• [F42“nautical miles”means international nautical miles of 1,852 metres;]

• “navigation authority” means any person or body of persons having powers under any enactment or statutory order to work or maintain a canal or other inland navigation, including a navigation in tidal water;

• “owner” in relation to any land means the person for the time being receiving the rackrent thereof, whether on his own account or as agent or trustee for any other person, or who would so receive that rent if the land were let at a rackrent;

• “protection” means protection against erosion or encroachment by the sea;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43

• subject to the provisions of [F44[F45subsection (2)] of this section]“sea” includes the waters of any channel, creek, bay or estuary and of any river so far up that river as the tide flows;

• “sea defence commissioners” means a body established by or under a local Act wholly or mainly for the purpose of carrying out coast protection work;

• subject to the provisions of [F44[F45subsection (2)] of this section]“seashore” means the bed and shore of the sea, and of every channel, creek, bay or estuary, and of every river as far up that river as the tide flows, and any cliff, bank, barrier, dune, beach, flat or other land adjacent to the shore;

• “surface,” in relation to land covered by water, means the surface of the land;

• “Tweed Commissioners” means the Commissioners appointed under the M12Tweed Fisheries Act 1857;

• [F31“Wales” has the meaning given by section 158 of the Government of Wales Act 2006;]

• “works scheme” has the meaning assigned to it by section six of this Act.

(2)For the purposes of Part I of this Act the expression “sea” shall not include any of the waters specified in the Fourth Schedule to this Act and the expression “seashore” shall not include the bed or shore of any of those waters.

F46(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)References in this Act to any enactment shall be construed as references to that enactment as amended by or under any subsequent enactment including this Act.

(4)In the application of this section to Scotland, for the definitions of the expressions “fishery board”, . . . F47, “Minister” and “owner” there shall be substituted respectively the following definitions:—

“’fishery board’ means the district board for a fishery district within the meaning of the Salmon Fisheries (Scotland) Act 1862, and includes the Tweed Commissioners”

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F48

“’Minister’ means the Secretary of State”; and “ ’owner’ includes in relation to any land any person who under the Lands Clauses Acts would be enabled to sell and convey the land to the promoters of an undertaking ”;

and after the definition of the expression “functions” there shall be inserted the following definition:— “ ’heritable security’ has the same meaning as in the Conveyancing (Scotland) Act 1924, and includes a security constituted by ex facie absolute disposition, but does not include a security by way of ground annual or a real burden ad factum praestandum ”

49 Interpretation.S

(1)In this Act, except where the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say:—

• [F31“appropriate agency” means—

  (a)

  the Environment Agency in relation to work in England;

  (b)

  the Natural Resources Body for Wales in relation to work in Wales;]

• “catchment board” and “drainage authority” have the same meanings as in the M15Land Drainage Act 1930;

• “coast protection authority” has the meaning assigned to it by section one of this Act;

• “coast protection charge” has the meaning assigned to it by section six of this Act;

• “coast protection work” means any work of construction, alteration, improvement, repair, maintenance, demolition or removal for the purpose of the protection of any land, and includes the sowing or planting of vegetation for the said purpose;

• “conservancy authority” and “harbour authority” have the same meanings as in the [F53Merchant Shipping Act 1995];

• “constituent authority,” in relation to a coast protection board, means a body or person represented on the board by virtue of an order made under section two of this Act;

• [F31“England” includes the territorial sea adjacent to England not forming any part of Wales;]

• “fishery board” means any such fishery board as is referred to in section forty-four of the M16Salmon and Freshwater Fisheries Act 1923, and includes the Tweed Commissioners;

• “functions” includes powers and duties;

• [F36“inshore fisheries and conservation authority” means the authority for an inshore fisheries and conservation district established under section 149 of the Marine and Coastal Access Act 2009;]

• “land” includes land covered by water;

• “local Act” includes a provisional order confirmed by Parliament and also includes any enactment in a public general Act, being an enactment which amends a local Act;

• [F37“local fisheries committee” means a committee constituted under the M17[F54Sea Fisheries Regulation Act 1966];]

• “local highway authority” means a highway authority other than the [F55Secretary of State];

• “maritime . . . F56 district” means a . . . F56 district [F57or Welsh county or county borough] any part of which adjoins the sea;

• “materials” includes minerals and turf, but does not include seaweed;

• “minerals” includes coal and stone and any metallic or other mineral substance;

• “Minister” means the [F58Secretary of State];

• “mortgage” includes any charge or lien for securing money or money’s worth, and “mortgagee” shall be construed accordingly;

• [F59“nautical miles”means international nautical miles of 1,852 metres;]

• “navigation authority” means any person or body of persons having powers under any enactment or statutory order to work or maintain a canal or other inland navigation, including a navigation in tidal water;

• “owner” in relation to any land means the person for the time being receiving the rackrent thereof, whether on his own account or as agent or trustee for any other person, or who would so receive that rent if the land were let at a rackrent;

• “protection” means protection against erosion or encroachment by the sea;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F60

• subject to the provisions of [F61subsections (2) and (2A) of this section]“sea” includes the waters of any channel, creek, bay or estuary and of any river so far up that river as the tide flows;

• “sea defence commissioners” means a body established by or under a local Act wholly or mainly for the purpose of carrying out coast protection work;

• subject to the provisions of [F61subsections (2) and (2A) of this section]“seashore” means the bed and shore of the sea, and of every channel, creek, bay or estuary, and of every river as far up that river as the tide flows, and any cliff, bank, barrier, dune, beach, flat or other land adjacent to the shore;

• “surface,” in relation to land covered by water, means the surface of the land;

• “Tweed Commissioners” means the Commissioners appointed under the M18Tweed Fisheries Act 1857;

• [F31“Wales” has the meaning given by section 158 of the Government of Wales Act 2006;]

• “works scheme” has the meaning assigned to it by section six of this Act.

(2)For the purposes of Part I of this Act the expression “sea” shall not include any of the waters specified in the Fourth Schedule to this Act and the expression “seashore” shall not include the bed or shore of any of those waters.

F62(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)References in this Act to any enactment shall be construed as references to that enactment as amended by or under any subsequent enactment including this Act.

(4)In the application of this section to Scotland, for the definitions of the expressions “fishery board”, . . . F63, “Minister” and “owner” there shall be substituted respectively the following definitions:—

“’fishery board’ means the district board for a fishery district within the meaning of the Salmon Fisheries (Scotland) Act 1862, and includes the Tweed Commissioners”

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F64

“’Minister’ means the Secretary of State”; and “ ’owner’ includes in relation to any land any person who under the Lands Clauses Acts would be enabled to sell and convey the land to the promoters of an undertaking ”;

and after the definition of the expression “functions” there shall be inserted the following definition:— “ ’heritable security’ has the same meaning as in the Conveyancing (Scotland) Act 1924, and includes a security constituted by ex facie absolute disposition, but does not include a security by way of ground annual or a real burden ad factum praestandum ”

49 Interpretation.N.I.

(1)In this Act, except where the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say:—

• [F31“appropriate agency” means—

  (a)

  the Environment Agency in relation to work in England;

  (b)

  the Natural Resources Body for Wales in relation to work in Wales;]

• “catchment board” and “drainage authority” have the same meanings as in the M19Land Drainage Act 1930;

• “coast protection authority” has the meaning assigned to it by section one of this Act;

• “coast protection charge” has the meaning assigned to it by section six of this Act;

• “coast protection work” means any work of construction, alteration, improvement, repair, maintenance, demolition or removal for the purpose of the protection of any land, and includes the sowing or planting of vegetation for the said purpose;

• “conservancy authority” and “harbour authority” have the same meanings as in the [F66Merchant Shipping Act 1995];

• “constituent authority,” in relation to a coast protection board, means a body or person represented on the board by virtue of an order made under section two of this Act;

• [F31“England” includes the territorial sea adjacent to England not forming any part of Wales;]

• “fishery board” means any such fishery board as is referred to in section forty-four of the M20Salmon and Freshwater Fisheries Act 1923, and includes the Tweed Commissioners;

• “functions” includes powers and duties;

• [F36“inshore fisheries and conservation authority” means the authority for an inshore fisheries and conservation district established under section 149 of the Marine and Coastal Access Act 2009;]

• “land” includes land covered by water;

• “local Act” includes a provisional order confirmed by Parliament and also includes any enactment in a public general Act, being an enactment which amends a local Act;

• [F37“local fisheries committee” means a committee constituted under the M17[F54Sea Fisheries Regulation Act 1966];]

• “local highway authority” means a highway authority other than the [F67Secretary of State];

• “maritime . . . F68 district” means a . . . F68 district [F69or Welsh county or county borough]any part of which adjoins the sea;

• “materials” includes minerals and turf, but does not include seaweed;

• “minerals” includes coal and stone and any metallic or other mineral substance;

• “Minister” means the [F70Secretary of State];

• “mortgage” includes any charge or lien for securing money or money’s worth, and “mortgagee” shall be construed accordingly;

• [F71“nautical miles”means international nautical miles of 1,852 metres;]

• “navigation authority” means any person or body of persons having powers under any enactment or statutory order to work or maintain a canal or other inland navigation, including a navigation in tidal water;

• “owner” in relation to any land means the person for the time being receiving the rackrent thereof, whether on his own account or as agent or trustee for any other person, or who would so receive that rent if the land were let at a rackrent;

• “protection” means protection against erosion or encroachment by the sea;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F72

• subject to the provisions of the next following subsection “sea” includes the waters of any channel, creek, bay or estuary and of any river so far up that river as the tide flows;

• “sea defence commissioners” means a body established by or under a local Act wholly or mainly for the purpose of carrying out coast protection work;

• subject to the provisions of the next following subsection “seashore” means the bed and shore of the sea, and of every channel, creek, bay or estuary, and of every river as far up that river as the tide flows, and any cliff, bank, barrier, dune, beach, flat or other land adjacent to the shore;

• “surface,” in relation to land covered by water, means the surface of the land;

• “Tweed Commissioners” means the Commissioners appointed under the M21Tweed Fisheries Act 1857;

• [F31“Wales” has the meaning given by section 158 of the Government of Wales Act 2006;]

• “works scheme” has the meaning assigned to it by section six of this Act.

(2)For the purposes of Part I of this Act the expression “sea” shall not include any of the waters specified in the Fourth Schedule to this Act and the expression “seashore” shall not include the bed or shore of any of those waters.

(3)References in this Act to any enactment shall be construed as references to that enactment as amended by or under any subsequent enactment including this Act.

(4)In the application of this section to Scotland, for the definitions of the expressions “fishery board”, . . . F73, “Minister” and “owner” there shall be substituted respectively the following definitions:—

“’fishery board’ means the district board for a fishery district within the meaning of the Salmon Fisheries (Scotland) Act 1862, and includes the Tweed Commissioners”

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F74

“’Minister’ means the Secretary of State”; and “ ’owner’ includes in relation to any land any person who under the Lands Clauses Acts would be enabled to sell and convey the land to the promoters of an undertaking ”;

and after the definition of the expression “functions” there shall be inserted the following definition:— “ ’heritable security’ has the same meaning as in the Conveyancing (Scotland) Act 1924, and includes a security constituted by ex facie absolute disposition, but does not include a security by way of ground annual or a real burden ad factum praestandum ”

50 Short title and extent.U.K.

(1)This Act may be cited as the Coast Protection Act 1949.

(2)Parts I and II of this Act shall not extend to Northern Ireland.