Coast Protection Act 1949

8 Confirmation of works schemes

(1) A coast protection authority by whom a works scheme is prepared shall publish, in one or more local newspapers circulating in the area of the authority 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 carried out, on any river board or other drainage authority in whose area 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.

(2) If the scheme provides for the levying of coast protection charges the persons on whom copies of the scheme are to be served shall include—

(a) where the scheme specifies the persons by whom such charges are to be paid as mentioned in paragraph (a) of subsection (4) of the last foregoing section, each of those persons;

(b) where the scheme contains such a statement as is mentioned in paragraph (b) of that subsection, all owners of contributory land.

(3) 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.

(4) Where notice of objection has been served under the last foregoing subsection and not withdrawn, and the ground of the objection is—

(a) that the work provided for by the scheme, or any part thereof, is unnecessary;

(b) that the carrying out thereof in the manner provided by the scheme would cause hardship to the objector;

(c) that the land indicated by the scheme as contributory land includes land which ought not to be so indicated or does not include land which ought to be so indicated;

(d) in the case of a scheme which specifies the persons by whom coast protection charges are to be paid as mentioned in paragraph (a) of subsection (4) of the last foregoing section, that any other provision of the scheme as to such charges is inequitable or unduly onerous; or

(e) that the work provided for by the scheme will be detrimental to the protection of any land specified in the notice of objection, or will interfere with the exercise by the objector of his functions under any enactment,

the Minister shall either cause a local inquiry to be held or give to the objector and to all other persons appearing to the Minister to be affected by the scheme an opportunity of being heard by a person appointed by him for the purpose; and after considering the report of the person appointed to hold the inquiry or to hear objections, the Minister shall determine the objection:

Provided that—

(a) where the objection is made by a river board or other drainage authority, fishery board (other than the Tweed Commissioners) or local fisheries committee, or by the harbour authority for a harbour to which the Fishery Harbours Act, 1915, applies, the powers of the Minister under this subsection shall be exercised jointly with the Minister of Agriculture and Fisheries;

(b) where the objection is made by the Tweed Commissioners, the said powers shall be exercised jointly with the Secretary of State; and

(c) where the objection is made by any other harbour authority, or by a conservancy authority, navigation authority or highway authority, or by the British Transport Commission, the said powers shall be exercised jointly with the Minister of Transport.

(5) 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 :

Provided that except as hereinafter mentioned the Minister shall not modify a works scheme by indicating as contributory land any land not so indicated in the scheme as prepared by the coast protection authority, or by specifying as a person upon whom a coast protection charge may be levied any person not so specified in the scheme as so prepared, or by increasing the amount of any such charge specified in the scheme as so prepared.

(6) 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.

(7) 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:

Provided that the Minister may direct in the case of any particular order that in lieu of the provisions of the said Part III as to the publication of notices there shall be substituted such provisions as, having regard to the nature of the order, the Minister considers best suited for bringing it to the notice of persons affected.

(8) As soon as may be after a works scheme indicating land as contributory land becomes operative, the scheme shall be registered in the prescribed manner in the register of local land charges by the appropriate officer of the council of each county borough or county district in which any of the contributory land is situated; and—

(a) it shall be the duty of the coast protection authority as soon as may be after the scheme has become operative to notify that fact to the appropriate officer of any other authority by whom the scheme is required to be registered as aforesaid and to furnish him with all information relating to the scheme requisite in that behalf;

(b) the power conferred by subsection (6) of section fifteen of the Land Charges Act, 1925, to make rules for giving effect to the provisions of that section shall be exercisable for giving effect to the provisions of this subsection, and in this subsection the expression " prescribed " means prescribed by rules made in exercise of that power.

(9) In the application of this section to Scotland,—

(a) subsection (4) shall have effect as if in the proviso for the words from " by a river board " 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 for the words " the said powers " there were substituted the words " the powers of the Minister under this subsection ";

(b) subsection (8) shall be omitted, but as soon as may be after a works scheme indicating land as contributory land becomes operative, the authority by whom it was prepared shall record it in the appropriate Register of Sasines.