Part 3Conservation and other personal real burdens

Maritime burdens

44Maritime burdens

(1)On and after the day on which this section comes into force, it shall be competent to create a real burden over the sea bed or foreshore in favour of the Crown for the benefit of the public; and any such burden shall be known as a “maritime burden”.

(2)The right of the Crown to a maritime burden may not be assigned or otherwise transferred.

(3)For the purposes of this section—

(a)“sea bed” means the bed of the territorial sea adjacent to Scotland; and

(b)“territorial sea” includes any tidal waters.