(1)Without prejudice to the generality of section 7(2) of this Act, where a country park comprises any waterway the kinds of open-air recreation for which the local authority may provide facilities and services under that subsection shall include sailing, boating, bathing and fishing.
(2)If a country park is bounded by the sea, or by any waterway which is not part of the sea, the local authority providing the country park shall have power to carry out such work and do such other things as may appear to them necessary or expedient for facilitating the use of the waters so adjoining the country park by the public for sailing, boating, bathing and fishing and other forms of recreation.
(3)The powers conferred by subsections (1) and (2) above include power to erect buildings or carry out works on land adjoining the sea or other waters but outside the country park, and to construct jetties or other works wholly or partly in the sea or other waters.
(4)The local authority, before acting under the foregoing provisions of this section, shall consult with, and seek the consent [F1of, the National Rivers Authority] [F2(if the country park is in England), the NRBW (if the country park is in Wales), and in either case, such] authorities, being authorities which under any enactment have functions relating to the sea or other waters in question, as the Minister may either generally or in any particular case direct, and Schedule 1 to this Act shall have effect where any authority so consulted withhold their consent.
(5)A local authority may make byelaws regulating the use of works carried out by them pursuant to this section and of any facilities or services provided in connection with the works, but before making any such byelaws the local authority shall consult [F3 Natural England] [F4(if the works are in England) or the [F5NRBW] (if the works are in Wales)]:
Provided that byelaws made under this subsection shall not interfere with the exercise of any functions relating to the waters or land to which the byelaws apply which are exercisable by any authority under any enactment.
[F6Section 106 of the Act of 1949 (supplementary provisions as to byelaws) shall have effect as if byelaws under this subsection were byelaws under that Act.]
[F7(5A)In the case of byelaws made by a local authority in England, section 106 of the Act of 1949 (supplementary provisions as to byelaws) shall have effect as if byelaws under subsection (5) were byelaws under that Act.
(5B)In the case of byelaws made by a local authority in Wales –
(a)sections 3 to 19 of the Local Government Byelaws (Wales) Act 2012 apply, and
(b)the confirming authority for the purposes of section 7 of that Act is the Welsh Ministers.]
(6)Nothing in this section shall authorise the carrying out of any operation in contravention of section 34 of the M1Coast Protection Act 1949 (works detrimental to navigation) or section 9 of the M2Harbours Act 1964 (control of harbour development).
Textual Amendments
F1Words substituted by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)—(10), 190, 193(1), Sch. 25 para. 37(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58
F2Words in s. 8(4) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 93(2) (with Sch. 7)
F3Words in s. 8(5) substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 45; S.I. 2006/2541, art. 2 (with Sch.)
F4Words in s. 8(5) inserted (1. 4. 1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 130, Sch. 8 para. 2(5); S.I. 1991/685, art. 3.
F5Word in s. 8(5) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 93(3) (with Sch. 7)
F6Words in s. 8(5) omitted (31.3.2015) by virtue of Local Government Byelaws (Wales) Act 2012 (anaw 2), s. 22(2), Sch. 2 para. 8(2)(a); S.I. 2015/1025, art. 2(r) (with art. 3)
F7S. 8(5A)(5B) inserted (31.3.2015) by Local Government Byelaws (Wales) Act 2012 (anaw 2), s. 22(2), Sch. 2 para. 8(2)(b); S.I. 2015/1025, art. 2(r) (with art. 3)
Modifications etc. (not altering text)
C1Ss. 6-8 extended (19.9.1995) by 1995 c. 25, ss. 70, 125(2), Sch. 9 para. 5(a) (with ss. 7(6), 115, 117, Sch. 8 para. 7)
Marginal Citations