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National Parks and Access to the Countryside Act 1949

Status:

This is the original version (as it was originally enacted).

1(1)Before—

(a)an order designating a National Park,

(b)a public path order, diversion order or extinguishment order, or

(c)an access order,

is submitted to the Minister for confirmation, the authority by whom the order was made shall give notice in the prescribed form stating the effect of the order and that it has been made and is about to be submitted for confirmation, naming places in the locality to which the order relates where copies of the order and of the map referred to therein may be inspected, and specifying the time (not being less than twenty-eight days) within which, and the manner in which, representations or objections with respect to the order may be made.

(2)Before the Minister makes an order varying an order designating a National Park, or makes a public path order, diversion order or extinguishment order or an access order, he shall prepare a draft of the order and shall give notice stating that he proposes to make the order and the effect thereof, naming places in the locality to which the draft relates where a copy of the draft and of the map referred to therein may be inspected, and specifying the time (not being less than twenty-eight days) within which, and the manner in which, representations or objections with respect to the draft may be made.

(3)The notice to be given under either of the two foregoing sub-paragraphs shall be given—

(a)in the case of an order designating a National Park or an order varying such an order, by publication in the London Gazette, in two newspapers circulating in the country generally and in at least one local newspaper circulating in the area of every local planning authority whose area includes any of the land to which the order relates;

(b)in the case of a public path order or an access order, by publication in the London Gazette and in at least one local newspaper circulating in the locality in which the land to which the order relates is situated, and by serving a like notice on every owner, lessee and occupier (except tenants for a month or any period less than a month) of any of that land, so however that—

(i)except in the case of an owner, lessee or occupier being a local authority or statutory undertakers, the Minister may in any particular case direct that it shall not be necessary to serve notice as aforesaid; but

(ii)if the Minister so directs in the case of any land, then in addition to publication the notice shall be addressed to " the owners and any occupiers " of the land (describing it) and a copy or copies of it shall be affixed to some conspicuous object or objects on the land;

(c)in the case of a diversion order or an extinguishment order, by publication and the service of notices as mentioned in head (b) of this sub-paragraph and also—

(i)by serving such a notice as is therein mentioned on the council of every county, county borough, county district or parish, and the parish meeting of every rural parish not having a separate parish council, being a county, borough, district or parish which includes any of the land to which the order relates; and

(ii)by causing a copy of the notice to be displayed in a prominent position at the ends of so much of any public path as is to be diverted or stopped up by virtue of the order.

(4)Where under this paragraph any notice is required to be served on an owner of land and the land belongs to an ecclesiastical benefice, a like notice shall be served on the Church Commissioners.

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