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Marine and Coastal Access Act 2009

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4(1)Where a notice under paragraph 3(3) has been given to a person in respect of any land, that person or any other owner or occupier of the land may appeal against the notice to the Secretary of State.E+W

(2)An appeal against a notice under paragraph 3(3) may be brought on any of the following grounds—

(a)that the notice requires the carrying out of any works which it is not necessary to carry out for the purposes of the coastal access duty;

(b)that any of the works have already been carried out;

(c)that the period specified in the notice as the period after which steps are to be taken to carry out the works is too short.

(3)On an appeal under this paragraph, the Secretary of State may—

(a)confirm the notice with or without modifications, or

(b)cancel the notice.

(4)Sections 7 and 8 of, and Schedule 3 to, the CROW Act have effect in relation to an appeal under this paragraph as they have effect in relation to an appeal under section 6 of that Act.

(5)Regulations may make provision as to—

(a)the period within which and manner in which appeals under this paragraph are to be brought,

(b)the advertising of such appeals, and

(c)the manner in which such appeals are to be considered.

(6)Where an appeal has been brought under this paragraph against a notice under paragraph 3(3) given by Natural England or an access authority, it may not exercise its powers under paragraph 3(7) pending the determination or withdrawal of the appeal.

Commencement Information

I1Sch. 20 para. 4 wholly in force at 12.1.2010; Sch. 20 para. 4 in force for specified purposes at Royal Assent see s. 324(1)(c); Sch. 20 para. 4 in force in so far as not already in force at 12.1.2010 see s. 324(2)(d)

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