The Coast Protection (Variation of Excluded Waters) Regulations 1993

Statutory Instruments

1993 No. 1149

COAST PROTECTION

The Coast Protection (Variation of Excluded Waters) Regulations 1993

Made

19th April 1993

Laid before Parliament

7th May 1993

Coming into force

28th May 1993

The Minister of Agriculture, Fisheries and Food in exercise of the powers conferred by paragraph 113 of Schedule 4 to the Coast Protection Act 1949(1)and now vested in him(2)and of all other powers enabling him in that behalf, hereby makes the following Regulations:—

1.  These Regulations may be cited as the Coast Protection (Variation of Excluded Waters) Regulations 1993 and shall come into force on 28th May 1993.

2.  For paragraphs 33 and 35 of Schedule 4 to the Coast Protection Act 1949 (which, for the purposes of Part I of the Act, exclude most of Southampton Water and part of the Lymington River for the purposes of the definitions of “sea” and “seashore”) there shall be substituted the following, namely—

“33. (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.”;

“35. The Lymington River, above the road bridge between Lymington and Portmore.”.

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 19th April 1993.

L.S.

John Selwyn Gummer

Minister of Agriculture, Fisheries and Food

Explanatory Note

(This note is not part of the Regulations)

Schedule 4 to the Coast Protection Act 1949 specifies waters which, for the purposes of Part I of the Act (coast protection), are not included in the expressions “sea” and “seashore”.

• Under powers conferred by Schedule 4, these Regulations vary it so as to extend the area of Southampton Water, adjacent estuaries and the Lymington River covered by those expressions.

(1)

1949 c. 74;and the definition of “Minister” is contained in section 49(1) of the Act.

(2)

The powers originally vested in the Minister of Health are now vested in the Minister of Agriculture, Fisheries and Food by virtue of S.I. 1951/142, 1951/1900, 1970/1681 and 1985/442.