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This is the original version (as it was originally enacted).

90Local authority byelaws

(1)A local planning authority may, as respects land in their area belonging to them and comprised either in a National Park or area of outstanding natural beauty, or as respects land or a waterway to which the public are given access by an agreement or order, or in consequence of acquisition, under Part V of this Act, make byelaws for the preservation of order, for the prevention of damage to the land or waterway or anything thereon or therein, and for securing that persons resorting thereto will so behave themselves as to avoid undue interference with the enjoyment of the land or waterway by other persons.

(2)Where a local authority, not being the local planning authority but being the council of a county, county borough or county district, represent to the Minister that it is expedient as respects any particular proposal to make byelaws relating to land or a waterway in their area that the powers of the local planning authority under this section should be exercised by the said council, the Minister if he thinks fit may after consultation with the local planning authority authorise the powers to be so exercised by the said council.

(3)Without prejudice to the generality of subsection (1) of this section, byelaws under that subsection—

(a)may prohibit or restrict the use of the land or waterway, either generally or in any manner specified in the byelaws, by traffic of any description so specified;

(b)may contain provisions prohibiting the depositing of rubbish and the leaving of Utter;

(c)may regulate or prohibit the lighting of fires ;

(d)may be made so as to relate either to the whole or to any part of the land or waterway, and may make different provisions for different parts thereof:

Provided that byelaws made under paragraph (a) of this subsection shall not interfere with the exercise of any public right of way or of any functions of statutory undertakers or of a river board or other drainage authority.

(4)Before making byelaws under the foregoing provisions of this section as respects a National Park or area of outstanding natural beauty, the local authority shall consult with the Commission.

(5)A local planning authority may, as respects parking places provided in pursuance of arrangements made by them under Part II of this Act, make byelaws as to the conditions of use, and charges to be made for the use, of such parking places, and for prohibiting or restricting persons from plying for hire with vehicles at such parking

Nothing in this subsection shall be construed as limiting the general power of a local planning authority to make charges for any services or facilities provided by them under this Act.

(6)A county council or county district council shall have power to enforce byelaws made under this section by another authority as respects land in the area of the council.

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