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National Parks and Access to the Countryside Act 1949

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This is the original version (as it was originally enacted).

105Default powers of Minister as respects National Parks, areas of outstanding natural beauty and long-distance routes

(1)If the Minister is satisfied, after holding a local inquiry,—

(a)that a local planning authority have failed to exercise any of their powers under the provisions of this Act relating to National Parks or to areas of outstanding natural beauty, or

(b)that any authority have failed to exercise any of their powers under the enactments relating to highways or under Part IV of this Act, being powers for giving effect to approved proposals relating to a long-distance route, and the Minister is of opinion, after consultation with the Commission, that the authority ought to have exercised the powers in question, the Minister may by order require the authority—

(i)to exercise the said powers;

(ii)if it is necessary for the exercise thereof that the authority should acquire any land, to acquire the land necessary for the purpose or the land specified in the order, as may be provided by the order, and on the acquisition thereof to exercise the power in question.

(2)Any order under the last foregoing subsection shall be enforceable, on the application of the Minister, by mandamus.

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