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Environment Act 1995

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Section 70.

SCHEDULE 9E+W Miscellaneous statutory functions of National Park authorities

Common land etc.E+W

1(1)The enactments specified in sub-paragraph (2) below shall have effect in relation to any registered common which—E+W

(a)is within any National Park for which a National Park authority is the local planning authority, and

(b)is not owned by, or vested in, any other body which is a local authority,

as if the National Park authority were a local authority for the purposes of those enactments and as if the relevant Park were that authority’s area.

(2)The enactments mentioned in sub-paragraph (1) above are—

(a)section 1 of the M1Commons Act 1899 (scheme for regulation);

(b)section 194(2) of the M2Law of Property Act 1925 (application for removal of works);

(c)section 23 of and Schedule 2 to the M3Caravan Sites and Control of Development Act 1960 (power of district council to prohibit caravans on commons); and

(d)section 9 of the M4Commons Registration Act 1965 (protection of unclaimed common land).

(3)In the M5Commons Act 1899 references to the council by which a scheme is made under section 1 of that Act shall be construed accordingly; and the powers conferred by sections 7 and 12 of that Act (acquisition of land and contributions to expenses) shall be exercisable by a National Park authority in relation to the relevant Park as they are exercisable by a district council in relation to their district.

(4)A National Park authority shall have the same power to make an application under section 18 of the M6Commons Act 1899 (modification of provisions for recreation grounds) as a local authority.

(5)References in this paragraph, in relation to an enactment specified in sub-paragraph (2) above or to any enactment contained in section 18 of the Commons Act 1899, to a local authority are references to any such local authority, within the M7meaning of the 1972 Act, as has functions conferred on it by or by virtue of that enactment.

(6)In this paragraph “registered common” means any land registered as common land or as a town or village green under the M8Commons Registration Act 1965.

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Open spacesE+W

2The M9Open Spaces Act 1906 shall have effect as if references in that Act to a local authority included references to a National Park authority.E+W

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Nature reservesE+W

3Sections 21 and 22 of the National Parks and Access to the M10Countryside Act 1949 (establishment of nature reserves and application of enactments to local authority reserves) shall have effect as if the bodies on whom powers are conferred by section 21 of that Act included every National Park authority and as if the relevant Park were the authority’s area; and references in those sections to a local authority and to their area shall be construed accordingly.E+W

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Caravan sitesE+W

4In the M11Caravan Sites and Control of Development Act 1960—E+W

(a)section 24 (power to provide sites for caravans), and

(b)paragraph 11 of Schedule 1 to that Act (no licence required for land occupied by a local authority),

shall have effect as if a National Park authority were a local authority for the purposes of that Act and as if the relevant Park were that authority’s area.

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Country ParksE+W

5The M12Countryside Act 1968 shall have effect as if a National Park authority were a local authority for the purposes of—E+W

(a)sections 6 to 8 of that Act (country parks);

(b)section 9 of that Act (powers exercisable over or near common land); and

(c)section 41 of that Act (byelaws) in so far as it has the effect in relation to—

(i)any country park provided under section 7 of that Act, or

(ii)any land as respects which any powers under section 9 of that Act have been exercised,

of conferring powers on a local authority or of applying provisions of section 92 of the National Parks and Access to the M13Countryside Act 1949 (wardens);

and the references to a local authority in sections 43 to 45 of that Act of 1968 (general provisions as to the powers of local authorities) shall have effect accordingly.

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Provision of information and encouragement of visitorsE+W

6Sections 142 and 144 of the 1972 Act (provision of information about local services and encouragement of visitors) shall have effect (subject to paragraph 9 of Schedule 8 to this Act) as if a National Park authority were a local authority for the purposes of that Act and as if the relevant Park were the authority’s area.E+W

Derelict land etc.E+W

7The provisions of section 16 of the M14Welsh Development Agency Act 1975 and of section 1 of the M15Derelict Land Act 1982 (powers for the improvement of land) shall have effect in relation to land in a National Park for which a National Park authority is the local planning authority as if references in those provisions to a local authority included references to the National Park authority and as if the relevant Park were the authority’s area.E+W

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Recreational facilitiesE+W

8Section 19 of the M16Local Government (Miscellaneous Provisions) Act 1976 (recreational facilities) shall have effect as if the powers conferred by that section on local authorities were also conferred, so as to be exercisable within a National Park for which a National Park authority is the local planning authority, on that authority.E+W

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Refuse DisposalE+W

9(1)Subject to sub-paragraph (2) below, references to a local authority in the M17Refuse Disposal (Amenity) Act 1978 shall have effect in relation to land in a National Park for which a National Park authority is the local planning authority as if they included references to that authority and as if the relevant Park were the authority’s area.E+W

(2)Sub-paragraph (1) above shall not apply, in relation to any time before the coming into force of the repeal of section 1 of that Act, to any reference in that section.

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Ancient Monuments and Archaeological AreasE+W

10(1)Subject to sub-paragraph (2) below, Parts I and II of the M18Ancient Monuments and Archaeological Areas Act 1979 shall have effect as if in relation—E+W

(a)to any monument in a National Park for which a National Park authority is the local planning authority, or

(b)to any area the whole or any part of which is comprised in such a Park,

the references in those Parts to a local authority included references to that National Park authority.

(2)Section 35 of that Act (notice of operations affecting area of archaeological importance) shall have effect in relation to land in such a National Park as is mentioned in sub-paragraph (1) above as if—

(a)any notice required to be served on a local authority under that section were required, instead, to be served on the National Park authority; and

(b)the functions conferred on a local authority by virtue of that section had been conferred instead on the National Park authority.

(3)Section 45(2) and (3) of that Act (assistance for archaeological investigations) shall have effect as if a National Park authority were a local authority for the purposes of that Act and as if the relevant Park were the authority’s area.

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Footpaths and bridlewaysE+W

11M19The following provisions of the Highways Act 1980, that is to say—E+W

(a)sections 25 to 29 (footpaths and bridleways),

(b)section 72(2) (widening of public paths),

[F1(c)sections 118 to 121E (stopping up and diversion of public paths, etc.), except sections 118B and 119B (stopping up and diversion for purposes of crime prevention, etc.), and]

(d)Schedule 6 (procedure for orders),

shall have effect as if references in those sections to a local authority or council included references to a National Park authority and as if the relevant Park were the authority’s area.

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Amendments (Textual)

Marginal Citations

LitterE+W

12The following provisions, that is to say—E+W

(a)section 4 of the M20Litter Act 1983 (consultations and proposals for the abatement of litter), and

(b)section 88 of the M21Environmental Protection Act 1990 (fixed penalty notices for leaving litter),

shall have effect as if a National Park authority were a litter authority for the purposes of those provisions, as if the relevant Park were the authority’s area and as if the reference in that section 4 to the authority’s area were a reference to any part of the relevant Park.

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Listed and historic buildingsE+W

13(1)In the case of a building situated in a National Park for which a National Park authority is the local planning authority, that authority and no other authority shall be the appropriate authority for the purposes of sections 47 to 51 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (purchase of listed buildings etc in need of repair); and the M22reference to a local authority in section 88(5) of that Act (rights of entry) and in section 6 of the M23Historic Buildings and Ancient Monuments Act 1953 (under which grants for the acquisition of buildings in Wales may be made) shall have effect accordingly.E+W

(2)In relation to any building or land in any such National Park, the powers conferred on a county council or county borough council by section 52 of that Act of 1990 (power to acquire building and land by agreement) shall be exercisable by the National Park authority, and not (without prejudice to their powers apart from that section) by any other authority; and subsection (2) of that section shall have effect accordingly.

(3)Section 53(1) of that Act (management of listed buildings etc. acquired under the Act) shall apply in relation to the powers conferred by virtue of this paragraph on a National Park authority as it applies in relation to the powers conferred by sections 47 and 52 of that Act on a local authority.

(4)That Act shall have effect as if a National Park authority were a local authority for the purposes of—

(a)sections 54 and 55 of that Act (urgent works to preserve listed buildings etc.), and

(b)sections 57 and 58 of that Act (power of local authorities to contribute towards preservation of listed buildings etc.),

and, in relation to those provisions, as if the relevant Park were the authority’s area.

(5)In relation to the powers conferred on a National Park authority by virtue of this paragraph, section 88 of that Act (powers of entry) shall have effect as if references in that section to a local authority included references to a National Park authority.

(6)References to a local authority in section 90(1) to (4) of that Act (financial provisions) shall be deemed to include references to a National Park authority.

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Marginal Citations

Hazardous substancesE+W

14(1)For the purposes of the M24Planning (Hazardous Substances) Act 1990, where a National Park authority is the local planning authority for any National Park, that authority, and no other authority, shall be the hazardous substances authority for land in the relevant Park.E+W

(2)References to a local authority in sections 12 and 38(1) to (4) of that Act (government consent to local authority activities and financial provisions) shall be deemed to include references to a National Park authority.

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Marginal Citations

Local CharitiesE+W

15Sections 76 to 78 of the M25Charities Act 1993 (local charities) shall have effect as if the references to a council for any area included references to a National Park authority and as if the relevant Park were the authority’s area.E+W

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Overseas AssistanceE+W

16The M26Local Government (Overseas Assistance) Act 1993 shall have effect as if a National Park authority were a local authority for the purposes of that Act.E+W

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