Coast Protection Act 1949

16 Consent of coast protection authority required to carrying out of coast protection work. E+W+S

(1 ) 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.

(2) 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.

(3) 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.

(4) 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 [F1 and 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.] [F1 [F2 and 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 [F3 by the appropriate agency or by any] such authority or board.]

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

Textual Amendments

F1 S. 16(4): for the words from “and to any” to “such authority” there is substituted (E.W.) the words from “and to the National Rivers Authority” to “such authority or board” by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)-(10), 190, 193(1), Sch. 25 para. 11(4), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58.

F2 Words in s. 16(4) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 8(2) (with Sch. 7)

F3 Words in s. 16(4) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 8(3) (with Sch. 7)

Modifications etc. (not altering text)

C1 S. 16(1) excluded by Channel Tunnel Act 1987 (c. 53, SIF 102), s. 44(1)

S. 16(1) excluded (18.12.1996) by 1996 c. 61, s. 38, Sch. 10 para.4

C2 S. 16(1) excluded (24.9.2014) by The Thames Water Utilities Limited (Thames Tideway Tunnel) Order 2014 (S.I. 2014/2384), art. 1, Sch. 19 Pt. 1 para. 10