Water Act 1989

The Coast Protection Act 1949 (c. 74) E+W

11 (1) In section 2 of the Coast Protection Act 1949 (constitution of coast protection boards)— E+W

(a) in subsection (2)(b), for the words from the beginning to “drainage authority” there shall be substituted the words “the National Rivers Authority and any sea defence commissioners, internal drainage board”; and

(b) in subsection (8)(a), for the words from the beginning to “drainage authority” there shall be substituted the words “in relation to the National Rivers Authority, an internal drainage board”.

(2) In section 5 of that Act (objections to, and approval of, proposals to carry out coast protection work)—

(a) in subsection (1), for the words from “on any” to “whose area” there shall be substituted the words “on the National Rivers Authority and on any internal drainage board in whose district”; and

(b) in subsection (6), for the words from “in the area” onwards there shall be substituted the words “the coast protection authority shall, before or as soon as possible after the commencement of the work, give notice of the nature of the work—

(a) to the National Rivers Authority where it is not represented on the coast protection authority; and

(b) to any internal drainage board which are not so represented and in whose district the work is to be or has been carried out.”

(3) In section 8(1) of that Act (notice to be given where a coast protection authority prepares a works scheme), for the words from “on any” to “whose area” there shall be substituted the words “on the National Rivers Authority and on any internal drainage board in whose district”.

(4) In section 16(4) of that Act (notice to be given to a coast protection authority for an adjoining area before an application relating to coast protection work is determined), for the words from “and to any” onwards there shall be substituted the words “and to the National Rivers Authority and to any internal drainage board whose district comprises the whole or any part of their area, and shall consider any representations made by the National Rivers Authority or by any such authority or board.”

(5) In section 17 of that Act (notification to coast protection authority of coast protection work to be carried out by certain authorities)—

(a) in subsection (3), for the words from “and to any” to “whose area” there shall be substituted the words “to the National Rivers Authority and to any internal drainage board whose district”; and

(b) in subsection (9), for the words from “served” to “drainage authority” there shall be substituted the words “served by the National Rivers Authority or an internal drainage board”.

(6) In section 45(1)(b) of that Act (service of notices and other documents), for the words from “or a coast” to “drainage authority” there shall be substituted the words “including the National Rivers Authority and an internal drainage board, or a coast protection board”.

(7) In section 47 of that Act (savings), for paragraph (c) there shall be substituted the following paragraph—

“(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 the National Rivers Authority 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 by the National Rivers Authority or an internal drainage board,

unless the National Rivers Authority or the internal drainage board consents or the work is done by, or under a scheme prepared by, a coast protection board on which the National Rivers Authority or the internal drainage board is represented and is to be carried out in the area of that coast protection board;”.

(8) In paragraph 1(b) of Schedule 1 to that Act (procedure for making orders), for the words from the beginning to “drainage authority” there shall be substituted the words “on the National Rivers Authority and on any sea defence commissioners, coast protection board, internal drainage board”.

(9) In Schedule 2 to that Act (provisions as to orders restricting excavation of materials from the seashore), in each of paragraphs 2 and 12, for the words from “any catchment” to “whose area” there shall be substituted the words “the National Rivers Authority and on any catchment board, conservancy authority, harbour authority or navigation authority whose area, and on any internal drainage board whose district,”.