Coast Protection Act 1949

17 Notification to coast protection authority of coast protection work to be carried out by certain authorities. E+W

(1) Subsection (1) of section sixteen of this Act shall not apply to the carrying out of work—

(a) by a coast protection authority;

(b) by any body or person upon whom any powers or duties relating to the protection of land have been conferred or imposed by or under any enactment other than this Act;

(c) by a F1 . . . authority for the protection of a highway

(d) by the British Transport Commission, or an Executive established by or under section five of the M1 Transport Act 1947, for the protection of a railway; or

(e) by a harbour authority.

(2) 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.

(3) Before carrying out any such work as aforesaid the body or person in question (in this section referred to as “the undertakers”) shall give to the coast protection authority in whose area the work is to be carried out, to any coast protection authority whose area adjoins [F2 that area, to the appropriate agency and to any] [F3 internal drainage board whose district] comprises the whole or any part of that area, not less than twenty-eight days’ notice of their intention in that behalf, specifying the work to be carried out; and where notice is so given—

(a) the undertakers shall not carry out the work before the expiration of the notice; and

(b) if before the expiration of the notice any authority or board to whom the notice has been given serves notice of objection on the Minister and on the undertakers, the undertakers shall not (unless the objection is withdrawn) carry out the work except in accordance with any direction given under the following provisions of this section.

(4) Where notice of objection has been served under the last foregoing subsection and has not been withdrawn, the Minister and any other Minister being a Minister concerned, after affording to the undertakers and to the objectors and, if the objectors are not the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.

(5) 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.

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

(7) 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.

(8) In this section the expression “the appropriate Minister” in relation to a notice of objection served under subsection (3) thereof,—

(a) if the undertakers are a body or person mentioned in paragraph (b) of subsection (1) of this section, means any Minister concerned with the exercise by that body or person of their or his functions under the relevant enactment;

(b) if the undertakers are a harbour authority for a harbour [F4 which is a fishery harbour for the purposes of section 21 of the Sea Fish Industry Act 1951], means [F5 the Minister of Agriculture, Fisheries and Food]; and

(c) in any other case, means the Minister of Transport;

and any question arising under paragraph (a) of this subsection shall be determined by the Treasury.

(9) 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 [F6 served by the National Rivers Authority or any internal drainage board] and the appropriate Minister is not [F5 the Minister of Agriculture, Fisheries and Food], if he is the appropriate Minister or [F5 the Minister of Agriculture, Fisheries and Food].

(10) 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 [F7 or are a highway authority], means the Minister; and”

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.

Textual Amendments

F1 Word in s. 17(1)(c) repealed (E.W.) by Local Government Act 1972 (c. 70), s. 272, Sch. 30

F2 Words in s. 17(3) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 9(2) (with Sch. 7)

F3 Words in s. 17(3) substituted (E.W.) by Water Act 1989 (c. 15), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 11(5)(a), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

F4 Words in s. 17(8)(b) substituted (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 65(2); S.I. 1992/1347, art. 2, Sch.

F5 Words substituted by virtue of S.I. 1955/554 (1955 I, p. 1200)

F6 Words in s. 17(9) substituted (E.W.) by Water Act 1989 (c. 15), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 11(5)(b), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

F7 Words inserted by S.I. 1955/1955 (1955 I, p. 1205)

Modifications etc. (not altering text)

C2 S. 17 functions transferred (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 5(1) (with art. 5(3))

C3 Powers of British Transport Commission and Executives established by or under Transport Act 1947 (c. 49), s. 5, mentioned in s. 17(1) now exercisable by British Railways Board: Transport Act 1962 (c. 46), Sch. 2 Pt. II para. 2

C4 S. 17(2) applied by Channel Tunnel Act 1987 (c. 53, SIF 102), s. 44(1)

C5 S. 17(3)–(9) applied by Channel Tunnel Act 1987 (c. 53, SIF 102), s. 44(1)

C6 S. 17(8)(b); Functions transferred (3.12.2001) by S.I. 2001/3503, arts. 2, 3

Marginal Citations

M1 1947 c. 49.

17 Notification to coast protection authority of coast protection work to be carried out by certain authorities. S

(1) Subsection (1) of section sixteen of this Act shall not apply to the carrying out of work—

(a) by a coast protection authority;

(b) by any body or person upon whom any powers or duties relating to the protection of land have been conferred or imposed by or under any enactment other than this Act;

(c) by a [F8 roads authority] for the protection of a [F8 road]

(d) by the British Transport Commission, or an Executive established by or under section five of the M2 Transport Act 1947, for the protection of a railway; or

(e) by a harbour authority.

(2) 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.

(3) Before carrying out any such work as aforesaid the body or person in question (in this section referred to as “the undertakers”) shall give to the coast protection authority in whose area the work is to be carried out, to any coast protection authority whose area adjoins that area, and to any river board or other drainage authority whose area comprises the whole or any part of that area, not less than twenty-eight days’ notice of their intention in that behalf, specifying the work to be carried out; and where notice is so given—

(a) the undertakers shall not carry out the work before the expiration of the notice; and

(b) if before the expiration of the notice any authority or board to whom the notice has been given serves notice of objection on the [F9 Scottish Ministers] and on the undertakers, the undertakers shall not (unless the objection is withdrawn) carry out the work except in accordance with any direction given under the following provisions of this section.

(4) Where notice of objection has been served under the last foregoing subsection and has not been withdrawn, the [F10 Scottish 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 [F11 Scottish Ministers] for the purpose, shall determine the objection.

(5) Where an objection has been determined under the last foregoing subsection, the [F12 Scottish 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 [F12 Scottish 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.

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

(7) 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.

F13 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E2 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.

Textual Amendments

F8 Words in s. 17(1)(c) substituted (S.) by Roads (Scotland) Act 1984 (c. 54), s. 156(1), Sch. 9 para. 38(2).

F9 Words in s. 17(3)(b) substituted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 24(2)(a)

F10 Words in s. 17(4) substituted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 24(2)(b)(i)

F11 Words in s. 17(4) substituted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 24(2)(b)(ii)

F12 Words in s. 17(5) substituted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 24(c)

F13 S. 17(8)-(10) omitted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 24(d)

Modifications etc. (not altering text)

C7 Powers of British Transport Commission and Executives established by or under Transport Act 1947 (c. 49), s. 5, mentioned in s. 17(1) now exercisable by British Railways Board: Transport Act 1962 (c. 46), Sch. 2 Pt. II para. 2

C8 S. 17(2) applied by Channel Tunnel Act 1987 (c. 53, SIF 102), s. 44(1)

C9 S. 17(3)–(9) applied by Channel Tunnel Act 1987 (c. 53, SIF 102), s. 44(1)

Marginal Citations

M2 1947 c. 49.