Coast Protection Act 1949

34 Restriction of works detrimental to navigation. E+W+S

(1) Subject to the provisions of the next following section, no person shall without the consent in writing of the [F1 Board of Trade] carry out any of the following operations, that is to say,—

(a) construct, alter or improve any works on, under or over any part of the seashore lying below [F2 the level of mean high water springs],

(b) deposit any object or any materials on any such part of the seashore as aforesaid, or

(c) remove any object or any materials from any part of the seashore lying below [F3 the level of mean low water springs],

[F4 if the operation (whether while being carried out or subsequently) causes or is likely to result in obstruction or danger to navigation.]

(2) The said [F1 Board of Trade] may, as a condition of considering an application for consent under this section, require to be furnished with such plans and particulars of the proposed operation as he may consider necessary; and on receipt of any such application [F1 they] may cause notice of the application, and of the time within which and the manner in which objections thereto may be made, to be published in such manner as [F1 they] may consider appropriate for informing persons affected thereby, and, before granting [F1 their] consent, may, if [F1 they think] fit, direct a local inquiry to be held.

(3) If the [F1 Board of Trade are] of opinion that any operation in respect of which application is made to [F1 them] under this section will cause or is likely to result in obstruction or danger to navigation, [F1 they] shall either refuse [F1 their] consent or give [F1 their] consent subject to such conditions as [F1 they] may think fit, having regard to the nature and extent of the obstruction or danger which it appears to [F1 them] would otherwise be caused or be likely to result.

[F5 (3A) Any reference in subsection (1) or (3) above to an operation being likely to result in obstruction or danger to navigation shall, in the case of an operation falling within subsection (1)(a) above, be construed as including a reference to its being likely to result in obstruction or danger to navigation by reason of any use intended to be made of the works in question when constructed, altered or improved.]

(4) A consent of the [F1 Board of Trade] under this subsection may be given so as to continue in force, unless renewed, only if the operation for which the consent is given is begun or completed within such period as may be specified in the consent; and any renewal of such a consent may be limited in the like manner.

[F6 (4A) Any condition subject to which the Secretary of State has given his consent for an operation falling within subsection (1)(a) of this section—

(a) shall (subject to paragraph (d) below) either remain in force for a specified period or remain in force without limit of time;

(b) shall (in addition to binding the person to whom the consent is given) bind, so far as is appropriate, any other person who for the time being owns, occupies, or enjoys any use of, the works in question;

(c) may, if the condition relates—

(i) to the provision of any lights, signals or other aids to navigation, or

(ii) to the stationing of guard ships in the vicinity of the works in question or to the taking of any other measures for the purpose of, or in connection with, controlling the movements of ships in the vicinity of those works,

be varied by the Secretary of State in the interests of the safety of navigation (whether or not the operation has been completed) in such manner as he thinks fit for the purpose of enhancing the effectiveness of any such aids or measures as are mentioned in sub-paragraph (i) or (ii) above; and

(d) may, if the Secretary of State thinks fit, be revoked by him.]

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

Annotations:

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Amendments (Textual)

F1 Words substituted by virtue of S.I. 1965/145. Powers of Board of Trade exercisable concurrently by Secretary of State: S.I. 1970/1537

F2 Words substituted by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 36(2)(a), Sch. 8 para. 1

F3 Words substituted by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 36(2)(c), Sch. 8 para. 1

F4 Words substituted by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 36(2)(c), Sch. 8 para. 1

F5 S. 34(3A) inserted by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 36(3), Sch. 8 para. 1

F6 S. 34(4A) inserted by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 36(4), Sch. 8 para. 1

F7 S. 34(5) repealed by Statute Law Revision Act 1953 (c. 5)

Modifications etc. (not altering text)

C1 S. 34 power to exclude s. 34 conferred by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 37(1), Sch. 8 para. 1

C2 S. 34 saved (25.7.1991) by Highland Regional Council (Harbours) Order Confirmation Act 1991 (c. xii), s. 1, Sch., s. 61(1)(e)

C3 S. 34(1) excluded by Channel Tunnel Act 1987 (c. 53, SIF 102), s. 44(3)

S. 34(1) excluded by 1996 c. 61, s. 38, Sch. 10 para.4

C4 S. 34(1) by S.I. 1983/1127, art. 2(4) it is directed that the civil aviation and shipping functions of the Board of Trade which at 11.8.1983 were exercisable concurrently with any other Minister of the Crown should cease to be exercisable by the Board of Trade

C5 S. 34(2)(3) by S.I. 1983/1127, art. 2(4) it is directed that the civil aviation and shipping functions of the Board of Trade which at 11.8.1983 were exercisable concurrently with any other Minister of the Crown should cease to be exercisable by the Board of Trade

C6 S. 34(4) by S.I. 1983/1127, art. 2(4) it is directed that the civil aviation and shipping functions of the Board of Trade which at 11.8.1983 were exercisable concurrently with any other Minister of the Crown should cease to be exercisable by the Board of Trade