2002 No. 1278
COAST PROTECTION, ENGLAND

The Coast Protection (Notices) (England) Regulations 2002

Made
Laid before Parliament
Coming into force
The Secretary of State for Environment, Food and Rural Affairs in exercise of the powers conferred on her by sections 5(1), (2) and (3) and 44 of the Coast Protection Act 19491 hereby makes the following Regulations:

Citation, extent, commencement and interpretation1.

(1)

These Regulations may be cited as the Coast Protection (Notices) (England) Regulations 2002, shall, subject to regulation 3, extend only to England and shall come into force on 1st June 2002.

(2)

In these Regulations “the Act” means the Coast Protection Act 1949.

Form of notice of proposal for coast protection work2.

The notice of a proposal by a coast protection authority to carry out coast protection work, other than work of maintenance and repair, under section 5(1)2 of the Act shall be in the form set out in the Schedule to these Regulations or in a form substantially to the same effect.

Service of notice of proposal for coast protection work3.

Where a notice has been published by a coast protection authority in one or more local newspapers under section 5(1) of the Act, the authority shall, at the same time as it serves notice on the Environment Agency3 and any internal drainage board in whose district any of the work is to be carried out as required by that section, serve a like notice on:

(a)

every county, district and borough council, the Common Council of the City of London and the Council of the Isles of Scilly in England and every county and county borough council in Wales upon whose area of jurisdiction the proposed work may have an impact and on any harbour authority within whose area of jurisdiction any of the work is to be carried out;

(b)

English Nature4, the Historic Buildings and Monuments Commission for England5 and the Countryside Agency6; and

(c)

every other navigation authority, harbour authority, conservancy authority, local fisheries committee and person known by the coast protection authority to have an interest in any land on which any of the work is to be carried out or which that authority considers likely to be affected by the work.

Service of notice of objection to proposal4.

(1)

A notice of objection under section 5(3) of the Act must be served within 28 days of publication of the notice of the proposal in question under section 5(1) of the Act, must be in writing and must contain a statement of the grounds of objection.

(2)

“Writing” in paragraph (1) above shall include an electronic communication within the meaning of the Electronic Communications Act 20007.

(3)

A notice of objection under section 5(3) of the Act may be served by delivering it to the Secretary of State at the Department for Environment, Food and Rural Affairs, Flood Management, Ergon House, 17 Smith Square, London SW1P 3JR and to the Chief Executive of the coast protection authority at its principal office or, in either case, by sending it in a pre-paid letter to the addresses specified in this paragraph.

Revocation5.

The Coast Protection (Notices) Regulations 19508 are hereby revoked.
Elliott Morley
Parliamentary Under-Secretary
Department for Environment, Food and Rural Affairs

SCHEDULEFORM OF NOTICE OF PROPOSED COAST PROTECTION WORK

Regulation 2

Coast Protection Act 1949Notice of Proposed Coast Protection Work

(This note is not part of the Regulations)

These Regulations replace the Coast Protection (Notices) Regulations 1950 in England. They prescribe a form of notice for coast protection authorities to give of proposed coast protection work under section 5 of the Coast Protection Act 1949. They also set out the requirements for service of such notices on statutory bodies and other interested parties and for the service of notices of objection.