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Coast Protection Act 1949

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SCHEDULES

Sections 2, 8 and 31.

FIRST SCHEDULEE+W+S+N.I. Procedure for making Orders and Provisions as to the validity of Orders

Part IE+W+S+N.I.

General ProvisionsE+W+S+N.I.

1Before making an order the Minister shall prepare a draft order and shall cause notice of the intention to make the order and of the place where copies of the draft order may be inspected, and of the time (not being less than twenty-eight days) within which, and the manner in which, objections to the draft order may be made, to be published in the London Gazette and in such other manner as he may think best adapted for informing persons affected, and to be served—E+W

(a)on the council of every county [F1county borough,] . . . F2 or county district wholly or partly included in the area affected by the order;

(b)[F3on the National Rivers Authority and on any sea defence commissioners, coast protection board, internal drainage board], harbour authority, fishery board, [F4 inshore fisheries and conservation authority, ] F5... conservancy authority or navigation authority known to the Minister to be exercising jurisdiction within that area;

(c)on any local . . . F2 authority known to him to be responsible for the maintenance of any highway in the area; and

(d)on the [F6British Railways Board or the British Waterways Board], if the area contains any railway, canal or inland navigation vested in [F6the Board.]

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Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.

Amendments (Textual)

F1Words in Sch. 1 para. 1(a) inserted (1.4.1996) by 1994 c. 19, s. 22(5), Sch. 11 Pt. III para. 5(6); S.I. 1996/396, art. 3, Sch.1

F5Words in Sch. 1 para. 1(b) repealed (1.4.2010 for W., 1.4.2011 for E.) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 22 Pt. 4; S.I. 2010/630, art. 3(b) (with arts. 8, 12); S.I. 2011/556, art. 2(2)(o), (with art. 2(3))

F6Words substituted by virtue of Transport Act 1962 (c. 46), Sch. 2 Pt. I

1Before making an order the Minister shall prepare a draft order and shall cause notice of the intention to make the order and of the place where copies of the draft order may be inspected, and of the time (not being less than twenty-eight days) within which, and the manner in which, objections to the draft order may be made, to be published in the London Gazette and in such other manner as he may think best adapted for informing persons affected, and to be served—S

(a)on the council of every county [F36county borough,] . . . F37 or county district wholly or partly included in the area affected by the order;

(b)on any sea defence commissioners, coast protection board, [F38river authority] or other drainage authority, harbour authority, fishery board, [F4 inshore fisheries and conservation authority, ][F5local fisheries committee,] conservancy authority or navigation authority known to the Minister to be exercising jurisdiction within that area;

(c)on any local . . . F37 authority known to him to be responsible for the maintenance of any highway in the area; and

(d)on the [F39British Railways Board or the British Waterways Board], if the area contains any railway, canal or inland navigation vested in [F39the Board.]

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Extent Information

E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.

Amendments (Textual)

F5Words in Sch. 1 para. 1(b) repealed (1.4.2010 for W., 1.4.2011 for E.) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 22 Pt. 4; S.I. 2010/630, art. 3(b) (with arts. 8, 12); S.I. 2011/556, art. 2(2)(o), (with art. 2(3))

F36Words in Sch. 1 para. 1(a) inserted (1.4.1996) by 1994 c. 19, s. 22(5), Sch. 11 Pt. III para. 5(6); S.I. 1996/396, art. 3, Sch.1

F38Words substituted by virtue of Water Resources Act 1963 (c. 38), Sch. 3 para. 4

F39Words substituted by virtue of Transport Act 1962 (c. 46), Sch. 2 Pt. I

2—Before making an order the Minister shall consider any objections which may be duly made to the draft order and may in any case cause a local inquiry to be held with respect to any objections to the draft order.E+W+S+N.I.

3(1)In the case of an order which by virtue of the provisions of this Act is required to be made jointly by the Ministers concerned, references in the foregoing paragraphs to the Minister shall be construed as references to the Ministers concerned.E+W+S+N.I.

(2)Where, in the case of an order not falling within the last foregoing sub-paragraph, objection to the draft order is duly made by a body mentioned in paragraphs (b) to (d) of paragraph 1 of this Schedule, the last foregoing paragraph shall have effect as if it required the objection to be considered, and authorised a local inquiry to be promoted, by the Ministers concerned instead of by the Minister.

4In this Part of this Schedule the expression “the area affected by the order”—E+W+S+N.I.

(a)in the case of an order providing for the constitution of a coast protection board, means the area for which the board will be the coast protection authority;

(b)in the case of an order varying the constitution of a coast protection board, but not altering the area for which the board is the coast protection authority, means that area;

(c)in the case of an order altering the area of a coast protection board, means that area and any other area proposed by the order to be included in the area of the board; and

(d)in the case of an order repealing or amending any provision of a local Act, means any area in relation to which any power or duty conferred or imposed by that provision is exercisable;

and the expression “the Ministers concerned” has the meaning assigned to it by subsection (8) of section two of this Act and the power of determination conferred on the Treasury by that subsection shall apply accordingly.

Part IIE+W+S+N.I.

Certain Orders to be subject to Special Parliamentary ProcedureE+W+S+N.I.

5After an order has been made, the Minister shall, if an objection has been made under Part I of this Schedule by any body on whom notice is required to be served under that Part and has not been withdrawn, give notice of the making of the order and the effect thereof to every such body who have made such an objection which has not been withdrawn, and in that case the order shall not have effect before the expiration of twenty-eight days from the date of the said notice; and if within that period any such body give notice to the Minister that they object to the order and the objection is not withdrawn, the order shall be subject to special parliamentary procedure.E+W+S+N.I.

Part IIIE+W+S+N.I.

Provisions with respect to the validity of Orders not confirmed by ParliamentE+W+S+N.I.

6After the making of an order the Minister shall publish in the London Gazette, and in such other manner as he thinks best adapted for informing persons affected, a notice stating that the order has been made, and naming a place where a copy thereof may be seen at all reasonable hours:E+W+S+N.I.

Provided that in the case of an order to which Part II of this Schedule applies the said notice shall not be published until the expiration of the period of twenty-eight days referred to in that Part, and the notice shall state whether or not the order is to be subject to special parliamentary procedure.

7If any person aggrieved by an order desires to question its validity on the ground that it is not within the powers of this Act or that any requirement of this Act has not been complied with, he may, within six weeks after the date of the first publication of the said notice, make an application for the purpose to the High Court, and if any such application is duly made the court, if satisfied that the order is not within the powers of this Act or that the interests of the applicant have been substantially prejudiced by any requirement of this Act not having been complied with, may quash the order either generally or in so far as it affects the applicant; but except as aforesaid the order shall not at any time be questioned by prohibition or certiorari or in any proceedings whatsoever:E+W+S+N.I.

Provided that this paragraph shall not apply to an order which is confirmed by Act of Parliament under section six of the M1Statutory Orders (Special Procedure) Act 1945, and shall have effect in relation to any other order which is subject to special parliamentary procedure by virtue of Part II of this Schedule as if for the reference to the date of the publication of the notice there were substituted a reference to the date on which the order becomes operative under the said Act.

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Marginal Citations

Part IVE+W+S+N.I.

Application to ScotlandE+W+S+N.I.

8In the application of this Schedule to Scotland—E+W+S

(a)for references to the High Court there shall be substituted references to the Court of Session;

[F7(b)for references to the London Gazette and to [F8a council of]a county or county district there shall be substituted respectively references to the Edinburgh Gazette and toa [F9council constituted under section 2 of the Local Government etc. (Scotland) Act 1994]]

(c)for sub-paragraph (2) of paragraph 3 there shall be substituted the following sub-paragraph—

(2)Where, in the case of an order not falling within the last foregoing sub-paragraph, objection to the draft order is duly made by a conservancy authority or a navigation authority or by a harbour authority, other than the authority for a harbour principally used by the fishing industry, [F10or by the British Railways Board or the British Waterways Board], the last foregoing paragraph shall have effect as if it required the objection to be considered, and authorised a local inquiry to be promoted, by the Minister and the [F11Secretary of State], instead of by the Minister; and

(d)for the words “section six of the M2Statutory Orders (Special Procedure) Act 1945”, there shall be substituted the words “subsection (4) of section two, as read with section ten, of the Statutory Orders (Special Procedure) Act 1945, or under section six of that Act”.

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Amendments (Textual)

F10Words substituted by virtue of Transport Act 1962 (c. 46), Sch. 2 Pt. I

F11Words substituted by virtue of S.I. 1970/1681

Marginal Citations

SECOND SCHEDULEE+W+S+N.I. Provisions as to Orders restricting Excavation of Materials from the Seashore

Part IE+W+S+N.I.

General ProvisionsE+W+S+N.I.

1Before making an order under section eighteen of this Act, the coast protection authority shall prepare a draft order and shall cause notice of their intention to make the order, and of the place where copies of the draft order may be inspected at all reasonable hours, and of the time within which, and the manner in which, objections to the draft order may be made, to be published, in two successive weeks, in the London Gazette and in one or more local newspapers circulating in the locality.E+W+S+N.I.

2Where the coast protection authority cause notice to be published under the foregoing paragraph, they shall serve a like notice on [F12any catchment board, external drainage board, conservancy authority, harbour authority, navigation authority or [F13river authority] whose area][F12the 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,] comprises land to which the draft order relates.E+W+S+N.I.

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Amendments (Textual)

F12Sch. 2 para.2 for from “any catchment” to “whose area” there is substituted (E.W.) “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,” by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 11(9), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

F13Words substituted by virtue of Water Resources Act 1963 (c. 38), Sch. 3 para. 4

[F143In this Schedule the expression “external drainage board” means a drainage board whose area, or any part of whose area, is not comprised in the area of any catchment board and is not for the time being comprised in the area of any [F15river authority.]]E+W+S+N.I.

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Amendments (Textual)

F15Words substituted by virtue of Water Resources Act 1963 (c. 38), Sch. 3 para. 4

4If no objection is duly made, or if all objections so made are withdrawn, the Minister, on being satisfied that the proper notices have been published, may confirm the order with or without modifications.E+W+S+N.I.

5(1)If an objection duly made is not withdrawn, the Minister shall, before the order is confirmed, either cause a local inquiry to be held or afford to any person by whom objection has been duly made and not withdrawn an opportunity of being heard by a person appointed by him for the purpose.E+W+S+N.I.

(2)Where the objection is made by any such body as is mentioned in paragraph 2 of this Schedule, references in the last foregoing sub-paragraph to the Minister shall be construed—

(a)in the case of an objection made by a catchment board, external drainage board or [F16river authority], or by the harbour authority for a harbour to which the M3Fishery Harbours Act, 1915, applies, as references to the Minister and [F17the Minister of Agriculture, Fisheries and Food] and

(b)in the case of an objection made by any other harbour authority, or by a conservancy authority or navigation authority, as references to the Minister and the [F18Secretary of State.]

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Amendments (Textual)

F16Words substituted by virtue of Water Resources Act 1963 (c. 38), Sch. 3 para. 4

F17Words substituted by virtue of S.I. 1955/554 (1955 I, p. 1200)

F18Words substituted by virtue of S.I. 1970/1681

Modifications etc. (not altering text)

Marginal Citations

6If any person by whom an objection has been made avails himself of the opportunity of being heard, the Minister or Ministers concerned shall afford to the coast protection authority, and to any other persons to whom it appears to him or them expedient to afford it, an opportunity of being heard on the same occasion.E+W+S+N.I.

7If objection is duly made—E+W+S+N.I.

(a)by any person on the ground that the order would interfere with the exercise of his functions under any enactment other than this Act, or

(b)by any person having an interest, right or privilege conferred on him by any local or private Act, on the ground that any such interest, right or privilege of his specified in the objection would be affected by the order,

and the objection is not withdrawn, the order shall be subject to special parliamentary procedure.

8Subject to the last foregoing paragraph, the Minister may confirm the order with or without modifications as he may think fit having regard to the determination of any objections and to the report of any person appointed to hold an inquiry or to hear objections.E+W+S+N.I.

9As soon as may be after the order has been confirmed the coast protection authority shall publish in the London Gazette and in one or more local newspapers circulating in the locality a notice stating that the order has been confirmed and naming a place where a copy thereof as confirmed may be inspected at all reasonable hours, and shall serve a like notice on any board or authority on whom a notice was required to be served by paragraph 2 of this Schedule.E+W+S+N.I.

10If any person aggrieved by the order desires to question its validity on the ground that it is not within the powers of this Act or that any requirement of this Act has not been complied with, he may, within six weeks after the date on which notice of the confirmation of the order is published in accordance with the last foregoing paragraph, make an application for the purpose to the High Court; and if any such application is duly made the court, if satisfied that the order is not within the powers of this Act or that the interests of the applicant have been substantially prejudiced by any requirement of this Act not having been complied with, may quash the order either generally or in so far as it affects any property of the applicant; but except as aforesaid the order shall not at any time be questioned by prohibition or certiorari or in any proceedings whatsoever:E+W+S+N.I.

Provided that this paragraph shall not apply to an order which is confirmed by Act of Parliament under section six of the M4Statutory Orders (Special Procedure) Act 1945, and shall have effect in relation to any other order which is subject to special parliamentary procedure by virtue of paragraph 7 of this Schedule as if for the reference to the date of the publication of the notice there were substituted a reference to the date on which the order becomes operative under the said Act.

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Marginal Citations

Part IIE+W+S+N.I.

Interim OrdersE+W+S+N.I.

11Where it appears to a coast protection authority that by reason of emergency it is urgently necessary for the protection of any land that an order should be made applying the provisions of section eighteen of this Act to any portion of the seashore in their area or lying to seaward therefrom, the authority may make an interim order applying those provisions accordingly.E+W+S+N.I.

12As soon as may be after the making of an interim order under the last foregoing paragraph the authority shall in two successive weeks publish in the London Gazette and in one or more local newspapers circulating in the locality a notice stating that the order has been made, and naming a place where a copy thereof may be inspected at all reasonable hours, and shall serve a like notice on [F19any catchment board, external drainage board, conservancy authority, harbour authority, navigation authority or [F20river authority] whose area][F19the 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,] comprises land to which the interim order relates.E+W+S+N.I.

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Amendments (Textual)

F19Sch. 2 para.12 for from “any catchment” to “whose area” there is substituted (E.W.) “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,” by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 11(9), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

F20Words substituted by virtue of Water Resources Act 1963 (c. 38), Sch. 3 para. 4

13Any person who objects to an interim order may serve notice of objection on the Minister and on the authority by whom the order was made; and the Minister, after holding a local inquiry or affording to the objector and the authority and any other persons appearing to him to be concerned an opportunity of being heard by a person appointed by him for the purpose, may, if he thinks fit, revoke the order.E+W+S+N.I.

14Subject to the last foregoing paragraph an interim order shall remain in force until the expiration of a period of six months after the making thereof and no longer:E+W+S+N.I.

Provided that if before the expiration of that period an order under section eighteen of this Act is made and confirmed in accordance with Part I of this Schedule with respect to the portion of the seashore to which the interim order applies, the interim order shall cease to have effect on the coming into operation of that order.

15The provisions of paragraph 10 of this Schedule, other than the proviso to that paragraph, shall apply to an interim order as they apply to an order made in accordance with Part I of this Schedule, with the substitution of a reference to the date of the first publication of the notice under paragraph 12 of this Schedule for the reference to the date of publication of the notice of the confirmation of the order.E+W+S+N.I.

Part IIIE+W+S+N.I.

Application to ScotlandE+W+S+N.I.

16In the application of this Schedule to Scotland—E+W+S+N.I.

(a)for references to the High Court and to the London Gazette there shall be substituted respectively references to the Court of Session and to the Edinburgh Gazette;

(b)for sub-paragraph (2) of paragraph 5 there shall be substituted the following sub-paragraph—

(2)Where the objection is made by a conservancy authority or a navigation authority or by a harbour authority, other than the authority for a harbour principally used by the fishing industry, any reference in the foregoing sub-paragraph to the Minister shall be construed as references to the Minister and the [F21Secretary of State]; and

(c)for the words “section six of the M5Statutory Orders (Special Procedure) Act 1945”, there shall be substituted the words “subsection (4) of section two, as read with section ten, of the Statutory Orders (Special Procedure) Act 1945, or under section six of that Act”.

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Amendments (Textual)

F21Words substituted by virtue of S.I. 1970/1681

Marginal Citations

F22F22THIRD SCHEDULEE+W+S+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

FOURTH SCHEDULEE+W+S+N.I. Waters excluded for purposes of definitions of “Sea” and “Seashore”

1The River Tweed, above a line drawn from the north end of Spittal Point to the seaward end of the Harbour Breakwater.E+W+S+N.I.

2The River Aln, above the bridge carrying the road from Alnmouth to Alnmouth railway station.E+W+S+N.I.

3The River Coquet, above a line drawn from the seaward end of the north breakwater to the seaward end of the south breakwater at Amble.E+W+S+N.I.

4The River Wansbeck, above the ferry between Cambois and North Seaton.E+W+S+N.I.

5The River Blyth (Northumberland), above a line drawn from the seaward end of the eastern pier to the seaward end of the western pier at the harbour entrance.E+W+S+N.I.

6The River Tyne, above a line drawn across the Narrows from Lloyd’s Hailing Station to the Commissioners’ Staiths.E+W+S+N.I.

[F237The River Wear, above a line drawn from the south-eastern corner of the pilot lookout station situated on the old North Pier to the north-western corner of the seaward face of the old South Pier.]E+W+S+N.I.

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Amendments (Textual)

8The River Tees, above a line drawn from the seaward end of the North Gare breakwater to the seaward end of the South Gare breakwater.E+W+S+N.I.

[F249The River Esk (Yorkshire) above a line drawn from the southern edge of Tate Hill Pier to the southern edge of Scotch Head at Whitby.]E+W+S

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Amendments (Textual)

F24Sch. 4 para. 9 substituted (12.12.1997) by 1997/2675, reg.2

10The River Humber, above a line drawn from Hawkins Point to the point where the north-western boundary of the Borough of Cleethorpes crosses high water mark of ordinary spring tides.E+W+S+N.I.

11The Wash, south-west of a line drawn through the point where the northern boundary of the parish of Wainfleet Saint Mary in the County of Lincoln, Parts of Lindsey, crosses high water mark of ordinary spring tides and the north corner of Beach House in the parish of Snettisham in the rural district of Docking.E+W+S+N.I.

12The River Yare above a line drawn between the seaward ends of the piers at the entrance to the Haven at Great Yarmouth.E+W+S+N.I.

13Oulton Broad and Lake Lothing, above a line drawn between the seaward end of the old north pier and the seaward end of the south pier at Lowestoft.E+W+S+N.I.

14The River Blyth (Suffolk), above the seaward end of the northern breakwater and the seaward end of the southern breakwater at the Harbour, Walberswick.E+W+S+N.I.

15The River Alde, above Slaughden Ferry.E+W+S+N.I.

16The River Deben, above a line drawn due east from the ferry quay at Felixstowe Ferry.E+W+S+N.I.

17The Rivers Orwell and Stour, above the ferry between Felixstowe Pier and Harwich Landing Stage.E+W+S+N.I.

[F2517aThe Brightlingsea Creek, above a line drawn between St. Osyth Point and the shoreward end of the ferry landing stage.]E+W+S+N.I.

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Amendments (Textual)

F25Para. 17aadded by S.I. 1958/2146 (1958 I, p. 351)

[F2618The River Colne, above a line drawn between Viaduct Sluice, to the west of Bateman’s Tower, and Mersea Stone.]E+W+S+N.I.

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Amendments (Textual)

F26Para. 18 substituted by S.I. 1958/2146 (1958 I, p. 351)

19The River Blackwater, above Longitude 0° 55’ East.E+W+S+N.I.

20The Rivers Crouch and Roach, above Longitude 0° 47’ East.E+W+S+N.I.

[F2721The River Thames, above a line drawn from the westernmost point of Dagnum Saltings in the parish of Allhallows in the County of Kent, to Canvey Point, and thence to the westernmost point of the boundary of the County Borough of Southend, and the whole of the waters of Yantlet Creek.]E+W+S+N.I.

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Amendments (Textual)

F27Para. 21 substituted by S.I. 1965/204

22The River Medway, above a line drawn from the fixed green navigation light at the extreme north-west corner of Queenborough Railway Pier to Horseshoe Point, Isle of Grain.E+W+S+N.I.

23The River Swale, above the Harty Ferry.E+W+S+N.I.

24The River Stour (Kent), above the confluence of Stonar Cut and Flagstaff Reach.E+W+S+N.I.

25The River Rother, above a line drawn from the seaward end of the eastern breakwater to the seaward end of the western breakwater.E+W+S+N.I.

26The River Cuckmere, above the point where it passes through the sea wall between the cliff near the Coastguard Station and Cliff End.E+W+S+N.I.

27The River Ouse (Sussex), above a line drawn from the seaward end of the western breakwater to the seaward end of the eastern pier at Newhaven Harbour.E+W+S+N.I.

28The River Adur, above the Old Shoreham Bridge.E+W+S+N.I.

29The River Arun, above a line drawn from the seaward end of the eastern pier to the seaward end of the western pier at Littlehampton.E+W+S+N.I.

[F2830Chichester Harbour, above the Chichester to Southampton railway line.]E+W+S+N.I.

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Amendments (Textual)

F28Sch. 4 para. 30 substituted (4.8.1992) by S.I. 1992/1549, reg.2

[F2931Langstone Harbour, above the Chichester to Southampton railway line.]E+W+S+N.I.

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Amendments (Textual)

F29Sch. 4 para. 31 substituted (4.8.1992) by S.I. 1992/1549, reg.2

[F3032Portsmouth Harbour, above the Chichester to Southampton railway line.]E+W+S+N.I.

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Amendments (Textual)

F30Sch. 4 para. 32 substituted (4.8.1992) by S.I. 1992/1549, reg.2

(a)the Rivers Test and Blackwater above the railway bridge at Totton;

(b)Bartley Water, above the toll bridge at Eling;

(c)the River Itchen, above the weir at Woodmill;

(d)the River Hamble, above the railway bridge, northeast of Bursledon.]

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Amendments (Textual)

F31Sch. 4 para. 33 substituted (28.5.1993) by S.I. 1993/1149, regs. 1,2.

34The Beaulieu River, above Latitude 50° 47’ 30” North.E+W+S+N.I.

[F3235The Lymington River, above the road bridge between Lymington and Portmore.]E+W+S+N.I.

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Amendments (Textual)

F32Sch. 4 para. 35 substituted (28.5.1993) by S.I. 1993/1149, regs. 1,2.

36The River Yar (Eastern), above the road bridge on the Toll Road at the west end of Brading Harbour in the Isle of Wight.E+W+S+N.I.

37The River Medina, above the Medina Road Ferry in the Isle of Wight.E+W+S+N.I.

38The River Yar (Western), above the road bridge between Yarmouth and Totland in the Isle of Wight.E+W+S+N.I.

39The River Stour (Hampshire), above a line drawn due west from Grimbury Point.E+W+S+N.I.

40The River Wey, above a line drawn from the seaward end of the north pier to the seaward end of the south pier at the mouth of the river.E+W+S+N.I.

41The River Brit, above a line drawn from the seaward end of the west pier to the seaward end of the east pier at the harbour entrance.E+W+S+N.I.

42The River Axe, above the Axmouth Bridge.E+W+S+N.I.

43The River Sid, above the Alma Bridge.E+W+S+N.I.

44The River Otter, above the road bridge south of “The Warren”.E+W+S+N.I.

[F3345The River Exe, above latitude 50° 39’ 50” North.]E+W+S+N.I.

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Amendments (Textual)

F33Para. 45 substituted by S.I. 1958/2146 (1958 I, p. 351)

46The River Teign, above the road bridge at the west end of “The Salty”.E+W+S+N.I.

47The River Dart, above a line drawn from the Kingswear Station ferry landing stage to the ferry pier at Dartmouth.E+W+S+N.I.

48At Salcombe—E+W+S+N.I.

(a)Batson Creek, above latitude 50° 14’ 23’’ North;

(b)Kingsbridge Estuary, above latitude 50° 14’ 25’’ North; and

(c)Southpool Creek, above longitude 3° 45’ 17’’ West.

49The River Avon (Devon), above the ferry nearest to the sea at Bantham.E+W+S+N.I.

50The River Erme, above the ford near Efford House.E+W+S+N.I.

51The River Yealm, above the ferry at Warren Point.E+W+S+N.I.

52Plymouth Sound. The Hamoaze, above the Cremyll Ferry. The Cattewater, above the ferry between Phoenix Wharf and Mount Batten landing stage.E+W+S+N.I.

53The River Fowey, above the ferry between Fowey and Polruan.E+W+S+N.I.

54The River Porthcuel, above a line drawn east from Polvarth Point.E+W+S+N.I.

55The River Fal, above a line between Pill Point and Turnawdre Point.E+W+S+N.I.

56Restronguet Creek, above the ferry near Restronguet Point.E+W+S+N.I.

57The River Penryn, above the easternmost ferry between Falmouth and Flushing.E+W+S+N.I.

58The River Helford, above the ferry at Helford.E+W+S+N.I.

59The River Camel, above Longitude 4° 54’ West.E+W+S+N.I.

60The River Torridge, above the ferry between Appledore and the quay at Instow.E+W+S+N.I.

61The River Taw, above a line drawn due north from Penhill Point.E+W+S+N.I.

62The River Parrett, above a line drawn due west from Island Farm Point.E+W+S+N.I.

63The River Brue, above Longitude 2° 59’ 45” West.E+W+S+N.I.

64The River Yeo, above a line drawn from the south-eastern end of the Wick Sea Wall to the south-eastern end of the Kingston Seymour Sea Wall.E+W+S+N.I.

65The River Avon (Bristol), above Latitude 51° 29’ 40” North.E+W+S+N.I.

66The River Severn, above the railway bridge at Sharpness.E+W+S+N.I.

67The River Wye, above a line drawn due west from Ewens Rock.E+W+S+N.I.

68The River Usk, above Latitude 51° 33’ 10” North.E+W+S+N.I.

69The River Ebbw, above Latitude 51° 33’ 10” North.E+W+S+N.I.

70The River Taff, above Clarence Bridge.E+W+S+N.I.

71The River Ely, above the line of the subway at Penarth Dock.E+W+S+N.I.

72The River Avan, above a line drawn from the seaward end of the North Pier to the seaward end of the breakwater at the south of the river.E+W+S+N.I.

73The River Neath, above Latitude 51° 38’ North.E+W+S+N.I.

74The River Tawe, above a line drawn from the seaward end of the west pier to the seaward end of the east pier at the river mouth.E+W+S+N.I.

75The River Loughor, above the railway bridge, north-west of Loughor Station.E+W+S+N.I.

76The Gwendraeth Fawr, above the railway bridge between Burry Port and Kidwelly.E+W+S+N.I.

77The Gwendraeth Fach, above the railway bridge near Kidwelly Station.E+W+S+N.I.

78The River Towy, above the ferry near Ferryside Station.E+W+S+N.I.

79The River Taf, above the Ferry at Black Scar Point.E+W+S+N.I.

80The Daucleddau, above Pembroke Ferry.E+W+S+N.I.

81The River Gwaun, above the road bridge between Fishguard and Lower Town.E+W+S+N.I.

82The River Nevern, above the road bridge between Newport and Berry Hill.E+W+S+N.I.

83The River Teifi, [F34above the ferry north of St. Dogmells[F34above Priory Bridge at Cardigan]].E+W+S+N.I.

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Amendments (Textual)

84The River Aeron, above the westernmost road bridge at Aberayron.E+W+S+N.I.

85The River Dovey, above the railway bridge near Dovey Junction.E+W+S+N.I.

86The River Dwyryd, above the railway bridge south-east of Penrhyndeudraeth Station.E+W+S+N.I.

87The River Glaslyn, above the road bridge at Portmadoc.E+W+S+N.I.

88The River Conway, above Talycafn Bridge.E+W+S+N.I.

89The River Clwyd, above the Foryd Road Bridge, Rhyl.E+W+S+N.I.

90The River Dee, above a line drawn through the points where the southern boundary of the Borough of Flint and the north-western boundary of the Neston Urban District cross high-water mark of ordinary spring tides.E+W+S+N.I.

91[F35The River Mersey, above a line drawn from the south corner of Royal Seaforth Dock to the point where the north side of the Seacombe Ferry Landing Stage meets the Mersey River Wall.]E+W+S+N.I.

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Amendments (Textual)

92The Rivers Ribble and Douglas, above a line drawn due south from the Naze.E+W+S+N.I.

93The River Wyre, above a line drawn from the Fleetwood ferry pier to the Knott End ferry pier.E+W+S+N.I.

94The River Lune, above a line drawn due north from the northernmost part of Fishnet Point.E+W+S+N.I.

95The River Kent, above the railway viaduct at Arnside.E+W+S+N.I.

96The River Leven, above the railway viaduct between Cark and Ulverston.E+W+S+N.I.

97The River Duddon, above the railway viaduct between Foxfield Station and Green Road Station.E+W+S+N.I.

98The River Esk, South, (Cumberland), above the railway bridge north of Eskmeals Station.E+W+S+N.I.

99The River Mite, above the railway bridge north-west of Ravenglass Station.E+W+S+N.I.

100The River Irt, above the railway bridge, south-east of Drigg Station.E+W+S+N.I.

101The River Calder, above the railway bridge south-east of Sellafield Station.E+W+S+N.I.

102The River Derwent, above a line drawn from the seaward end of the New Pier and the seaward end of the North Jetty at Workington Harbour.E+W+S+N.I.

103The River Ellen, above a line drawn from the seaward end of the southern pier and the seaward end of the northern pier at Maryport Harbour.E+W+S+N.I.

104The River Waver, above Latitude 54° 52’ North.E+W+S+N.I.

105The River Wampool, above the ford at Anthorn.E+W+S+N.I.

106The Rivers Eden and Esk, above Longitude 3° 5’ West.E+W+S+N.I.

107The River Clyde, above a line drawn from the seaward or western end of the Princes Pier, Greenock, to the seaward end of Craigendoran Pier.E+W+S+N.I.

108The River Dee (Aberdeenshire), above a line joining the seaward end of the south breakwater and the seaward end of the north pier at Aberdeen Harbour.E+W+S+N.I.

109The River Forth, above a line drawn between Hound Point on the south bank and Hopeward Point on the north bank.E+W+S+N.I.

110The Water of Leith, above a line drawn from the seaward end of the east breakwater to the seaward end of the west breakwater at the entrance to the harbour and docks of Leith.E+W+S+N.I.

111The River Tay, above a line drawn from the northern end of the east pier at Tayport Harbour to the point where the centre line of Strips of Craigie Road, Dundee, produced in a southerly direction crosses high-water mark of ordinary spring tides.E+W+S+N.I.

112The waters of any river flowing into the waters specified in the foregoing paragraphs of this Schedule above the limits therein specified.E+W+S+N.I.

113The Minister may by regulation vary the foregoing provisions of this Schedule either by the inclusion of any waters not for the time being specified therein or by the exclusion of any waters for the time being so specified.E+W+S+N.I.

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