National Parks and Access to the Countryside Act 1949
1949 c. 97
An Act to make provision for National Parks and the establishment of a National Parks Commission; to confer on the Nature Conservancy and local authorities powers for the establishment and maintenance of nature reserves; to make further provision for the recording, creation, maintenance and improvement of public paths and for securing access to open country, and to amend the law relating to rights of way; to confer further powers for preserving and enhancing natural beauty; and for matters connected with the purposes aforesaid.
[16th December 1949]
(1) The provisions of this Part of this Act shall, subject to the next following subsection, apply to land in Wales as they apply to land in England.
(2) Where a provision of this Part of this Act confers a function on the Natural England as respects England (or areas of any description in England), the Natural Resources Body for Wales shall have the corresponding function as respects Wales (or areas of a similar description in Wales).
(3) Subsection (1) does not apply in relation to section 11A(1A) or (1B) (duty to further statutory purposes of National Parks in England).
(1) The provisions of this Part of this Act shall have effect for the purpose—
(a) of conserving and enhancing the natural beauty, wildlife and cultural heritage of the areas specified in the next following subsection; and
(b) of promoting opportunities for the understanding and enjoyment of the special qualities of those areas by the public.
(2) The said areas are those extensive tracts of country in England . . . as to which it appears to Natural England that by reason of—
(a) their natural beauty, and
(b) the opportunities they afford for open-air recreation, having regard both to their character and to their position in relation to centres of population,
it is especially desirable that the necessary measures shall be taken for the purposes mentioned in the last foregoing subsection.
(3) The said areas, as for the time being designated by order made by Natural England and submitted to and confirmed by the Minister, shall be as known as, and are hereinafter referred to as, National Parks.
6 General duties of Natural England in relation to National Parks.
(1) It shall be the duty of Natural England ... from time to time, to consider what areas there are in England . . . falling within subsection (2) of the last foregoing section, to determine in what order they should be designated under subsection (3) of that section, and to proceed with their designation at such times as Natural England may determine.
(2) The power of the Minister to give directions under section three of this Act shall extend to the giving of directions as to the order and time of designation of the said areas, notwithstanding that the directions may be of a specific character.
(3) As respects areas designated as National Parks, it shall be the duty of Natural England—
(a) to consider, generally and in relation to particular National Parks, in what way action needs to be taken under this Act and the Town and Country Planning Act 1971 for the purposes specified in subsection (1) of the last foregoing section, and to make such recommendations with respect thereto to the Minister and to National Park authorities andlocal authorities as may appear to Natural England to be necessary or expedient, and
(b) to keep under review the progress made from time to time in accomplishing the said purposes and to make to the Minister or, where Natural England deem it appropriate, to any other Minister or any National Park authoritylocal authority or other persons, such representations as appear to Natural England to be necessary or expedient as to any matter affecting the accomplishment of those purposes.
(4) Without prejudice to the generality of the last foregoing subsection, it shall be the duty of Natural England, subject to and in accordance with the following provisions of this Act in that behalf—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) to give advice where any Minister consults Natural England as to proposals for development of land in a National Park, or the appropriate planning authority consult them (whether in compliance with a requirement imposed under this Act or the Town and Country Planning Act 1971 or otherwise) in connection with the preparation or amendment of a development plan or in connection with an application for permission to develop any such land;
(f) to make recommendations to the Minister and, where Natural England deem it appropriate, to other Ministers as to any proposals for the development of land in a National Park, being proposals for development in a way which appears to Natural England to be inconsistent with the maintenance of the area as a Park;
(g) to notify to the Minister, or where Natural England deem it appropriate to other Ministers, the general nature of the action which will in the opinion of Natural England need to be taken as respects land in a National Park for any of the purposes specified in subsection (1) of the last foregoing section, in cases where it appears to Natural England that the Minister in question should be informed thereof before considering future proposals for the development of the land for other purposes; and
(h) if in any case Natural England are not satisifed that effect will be given to their recommendations or advice as to any matter mentioned in the foregoing paragraphs of this subsection, to refer the matter to the Minister and to advise the Minister as to the exercise of any powers of direction or enforcement (including powers of making orders) conferred on him by this Act or the Town and Country Planning Act 1971.
(5) Nothing in this section shall be construed as modifying the effect of any provision of this Act whereby any specific power or duty is conferred or imposed on Natural England or whereby an obligation is imposed on any other person to consult with Natural England .
(6) In this section the expression “appropriate planning authority”means a National Park authority. . .and includes a local authority, not being a local planning authority, by whom any powers of a local planning authority as respects a National Park are exercisable, whether under the following provisions of this Act in that behalf or otherwise; and references in this section to a Minister include references to any Board in charge of a Government department.
(1) Before making an order designating a National Park Natural England shall consult with every joint planning board, and local authority whose area includes any land in the area to be designated a Park.
(2) Any such order shall describe the area to be designated a Park by reference to a map and such other descriptive matter as may appear to Natural England to be requisite.
(3) The provisions in that behalf of the First Schedule to this Act shall have effect as to the making, confirmation, coming into operation and validity of any order designating a National Park.
(4) The Minister may by order made after consultation with Natural England vary an order designating a National Park.
(5) Before making an order under the last foregoing subsection the Minister shall consult with any National Park authority for the Park in question and with every such board and council as aforesaid whose area, or any part of whose area, is comprised in the National Park, whether as existing or as proposed to be varied; and the provisions in that behalf of the First Schedule to this Act shall apply to any order under the last foregoing subsection.
(6) It shall be the duty of Natural England to secure that copies of any order such as is mentioned in this section shall be available, at the office of Natural England, at the offices of each joint planning board and local authority specified in subsection (1) or subsection (5) of this section, as the case may be at the offices (where the order is for the variation of an order designating a Park) of any National Park authority for the Park in question, and at such other place or places in or near the Park in question as Natural England may determine, for inspection by the public at all reasonable times.
(7) In this section and Schedule 1 “ local authority ” means—
(a) in relation to England, a county council, district council or parish council;
(b) in relation to Wales, a county council, county borough council or community council.
(1) In preparing a development plan, or proposals for any alterations of or additions to a development plan, for any area being or including the whole or any part of a National Park, the authority or authorities who are required to prepare the plan or, as the case may be, who are entitled to alter or add to it shall consult with Natural England and take into consideration any observations made by Natural England.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11A Duty of certain bodies and persons in relation to the purposes for which National Parks are designated.
(1) A National Park authority, in pursuing in relation to the National Park the purposes specified in subsection (1) of section five of this Act, shall seek to foster the economic and social well-being of local communities within the National Park ... and shall for that purpose co-operate with local authorities and public bodies whose functions include the promotion of economic or social development within the area of the National Park.
(1A) In exercising or performing any functions in relation to, or so as to affect, land in any National Park in England, a relevant authority other than a devolved Welsh authority must seek to further the purposes specified in section 5(1) and if it appears that there is a conflict between those purposes, must attach greater weight to the purpose of conserving and enhancing the natural beauty, wildlife and cultural heritage of the area comprised in the National Park.
(1B) In exercising or performing any functions in relation to, or so as to affect, land in any National Park in England, a devolved Welsh authority must have regard to the purposes specified in section 5(1) and if it appears that there is a conflict between those purposes, must attach greater weight to the purpose of conserving and enhancing the natural beauty, wildlife and cultural heritage of the area comprised in the National Park.
(2) In exercising or performing any functions in relation to, or so as to affect, land in a National Park in Wales, any relevant authority shall have regard to the purposes specified in subsection (1) of section five of this Act and, if it appears that there is a conflict between those purposes, shall attach greater weight to the purpose of conserving and enhancing the natural beauty, wildlife and cultural heritage of the area comprised in the National Park.
(2A) The Secretary of State may by regulations make provision about how a relevant authority is to comply with the duty under subsection (1A) (including provision about things that the authority may, must or must not do to comply with the duty).
(3) For the purposes of this section “relevant authority” means—
(a) any Minister of the Crown,
(b) any public body,
(c) any statutory undertaker, or
(d) any person holding public office.
(4) In subsection (3) of this section—
“public body” includes—
any local authority, corporate joint committee, joint board or joint committee;
any National Park authority;
“public office” means—
an office under Her Majesty;
an office created or continued in existence by a public general Act of Parliament; or
an office the remuneration in respect of which is paid out of money provided by Parliament.
(5) In subsection (4) of this section, “joint board” and “joint committee” mean—
(a) a joint or special planning board for a National Park reconstituted by order under paragraph 1 or 3 of Schedule 17 to the Local Government Act 1972, or a joint planning board within the meaning of section 2 of the Town and Country Planning Act 1990;
(b) a joint committee appointed under section 102(1)(b) of the Local Government Act 1972.
(5A) In this section, “devolved Welsh authority” has the same meaning as in the Government of Wales Act 2006 (see, in particular, section 157A of that Act).
(6) In this section, “local authority”—
(a) in relation to England, means a county council, district council or parish council;
(b) in relation to Wales, means a county council, county borough council, . . . or community council.
(7) In this section, “corporate joint committee” means a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021.
12 Provision of accommodation, meals, refreshments, camping sites and parking places.
(1) A local planning authority whose area consists of or includes the whole or any part of a National Park may make arrangements for securing the provision for their area (whether by the authority or by other persons)—
(a) of accommodation, meals and refreshments (including intoxicating liquor);
(b) or camping sites; and
(c) of parking places and means of access thereto and egress therefrom,
and may for the purposes of such arrangements erect such buildings and carry out such work as may appear to them to be necessary or expedient:
Provided that a local planning authority shall not under this section provide accommodation, meals or refreshments except in so far as it appears to them that the facilities therefor are inadequate or unsatisfactory, either generally or as respects any description of accommodation, meals or refreshments, as the case may be.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) The foregoing provisions of this section shall not authorise an authority, on land in which any other person has an interest, without his consent to do anything which apart from this section would be actionable at his suit by virtue of that interest.
(4) A local planning authority may acquire land compulsorily for the purpose of any of their functions under this section.
13 Improvement of waterways for purposes of open-air recreation.
(1) A local planning authority whose area consists of or includes the whole or any part of a National Park may, as respects any waterway in the Park ..., carry out such work and do such other things as may appear to them necessary or expedient for facilitating the use of the waterway by the public for sailing, boating, bathing or fishing or other forms of recreation:
Provided that a local planning authority shall not under this section provide facilities of any description except in cases where it appears to them that the facilities of that description are inadequate or unsatisfactory.
(2) A local planning authority may, as respects any waterway in their area, enter into an agreement, on such terms as to payment or otherwise as may be specified in the agreement, with any other authority on whom powers of carrying out work are conferred in relation to the waterway by or under any enactment, for the exercise by the said other authority of any power of doing work conferred on the local planning authority by the last foregoing subsection.
(3) Where an agreement is made under the last foregoing subsection for the exercise of any power by any such authority, other than a local planning authority, as is therein mentioned, no limitation imposed by law on the capacity of that authority by virtue of the constitution thereof shall operate so as to prevent the authority from exercising that power.
(4) Where it appears to the Minister, as respects a waterway in the area of a local planning authority, that any power of doing work conferred on the authority by subsection (1) of this section should be exercised by any such other authority as is mentioned in subsection (2) of this section, and the local planning authority have not entered into an agreement with the said other authority under the said subsection (2), the Minister may direct that the said power shall be exercisable by the said other authority:
Provided that no direction shall be given under this subsection except after consultation with the local planning authority and the said other authority.
(5) Before exercising any power conferred by or under this section an authority shall consult with such other authorities, being authorities which under any enactment have functions relating to the waterway in question, as the Minister may either generally or in any particular case direct.
(6) Where any authority consulted under the last foregoing subsection objects to a proposed exercise of powers under this section, and the objection is not withdrawn, the proposal shall not be proceeded with unless on an application in that behalf specifying the proposal and the objection the Minister so directs, and subject to any conditions or modifications specified in the direction; and before giving a direction under this subsection the Minister shall afford to each of the authorities an opportunity of being heard by a person appointed by him for the purpose, and shall consider that person’s report.
(7) The foregoing provisions of this section shall not authorise an authority to do anything on land, or as respects water over land, in which any other person has an interest, if apart from this section the doing thereof would be actionable at his suit by virtue of that interest and he does not consent to the doing thereof:
Provided that this subsection shall not apply in the case of land to which, or to water over which, the public have access by virtue of an access order under Part V of this Act, but the exercise of any power under the foregoing provisions of this section as respects such land shall be subject to the provisions in that behalf of the said Part V.
(8) A local planning authority may acquire land compulsorily for the purpose of enabling any power conferred by or under this section to be exercised.
14 Acquisition by Minister of land in National Parks.
(1) Where, as respects any land in a National Park, the Minister is satisfied that it is expedient so to do, he may with the consent of the Treasury acquire the land by agreement, whether by way of purchase, lease or exchange.
(2) Unless in any particular case the Minister otherwise determines, any land acquired by the Minister under this section shall be transferred to such other persons on such trusts or subject to such conditions as may appear to him expedient for securing that the land will be managed in a suitable manner for accomplishing the purposes specified in subsection (1) of section five of this Act.
(3) Subject to the provisions of the last foregoing subsection, the transfer of land under that subsection may be on such terms as to payment or otherwise as may, with the consent of the Treasury, be provided for by the arrangements for the transfer; and where the arrangements so provide the Minister may defray or contribute to the cost of managing the land while it is managed in accordance with the trusts or conditions referred to in the last foregoing subsection.
(4) The Minister may defray the cost of managing any land acquired by him under this section and not transferred to other persons.
(1) In this Part, “ nature reserve ” means—
(a) land managed solely for a conservation purpose, or
(b) land managed not only for a conservation purpose but also for a recreational purpose, if the management of the land for the recreational purpose does not compromise its management for the conservation purpose.
(2) Land is managed for a conservation purpose if it is managed for the purpose of—
(a) providing, under suitable conditions and control, special opportunities for the study of, and research into, matters relating to the fauna and flora of Great Britain and the physical conditions in which they live, and for the study of geological and physiographical features of special interest in the area, or
(b) preserving flora, fauna or geological or physiographical features of special interest in the area,
or for both those purposes.
(2A) In subsection (2)(b) the reference to preserving flora or fauna includes enabling or facilitating its recovery or increase.
(3) Land is managed for a recreational purpose if it is managed for the purpose of providing opportunities for the enjoyment of nature or for open-air recreation.
(1) In this Part of this Act references to the appropriate conservation body are references—
(a) in relation to land in England, to Natural England ;
(b) in relation to land in Scotland, to Scottish Natural Heritage for Scotland; and
(c) in relation to land in Wales, to the Countryside Council for WalesNatural Resources Body for Wales
(2) In this Part of this Act—
(a) “ nature reserve agreement ” means an agreement under section 7 of the 2006 Act or section 16 of the 2016 Act for securing that land which it appears expedient in the national interest should be managed as a nature reserve shall be so managed, and
(b) “ the 2006 Act ” means the Natural Environment and Rural Communities Act 2006.
(c) “the 2016 Act” means the Environment (Wales) Act 2016.
16 Agreements for management of nature reserves in Scotland and Wales
(1) The Natural Resources Body for Wales A Welsh local authority or Scottish Natural Heritage may enter into an agreement with every owner, lessee and occupier of any land, being land as to which it appears to the Natural Resources Body for Wales Welsh local authority or (as the case may be) Scottish Natural Heritage expedient in the national interest that it should be managed as a nature reserve, for securing that it shall be so managed.
(1A) The power of a Welsh local authority in subsection (1)—
(a) is also exercisable where it appears to the authority that it is expedient in the interests of the locality that land should be managed as a nature reserve;
(b) is exercisable only in relation to land in the authority's area that is not held by, or managed in accordance with an agreement entered into with, the Natural Resources Body for Wales.
(2) Any such agreement may impose such restrictions as may be expedient for the purposes of the agreement on the exercise of rights over the land by the persons who can be bound by the agreement.
(3) Any such agreement—
(a) may provide for the management of the land in such manner, the carrying out thereon of such work and the doing thereon of such other things as may be expedient for the purposes of the agreement;
(b) may provide for any of the matters mentioned in the last foregoing paragraph being carried out, or for the cost thereof being defrayed, either by the said owner or other persons, or by the Natural Resources Body for Wales a Welsh local authority or (as the case may be) Scottish Natural Heritage or partly in one way and partly in another;
(c) may contain such other provisions as to the making of payments by the Natural Resources Body for Wales a Welsh local authority or (as the case may be) Scottish Natural Heritage and in particular for the payment by them of compensation for the effect of the restrictions mentioned in the last foregoing subsection, as may be specified in the agreement.
(4) Section two of the Forestry Act 1947 (which empowers tenants for life and other limited owners to enter into forestry dedication covenants) shall apply to any such agreement; and where section seventy-nine of the Law of Property Act 1925 (which provides that unless a contrary intention is expressed the burden of a covenant runs with the land) applies, subsections (2) and (3) of section one of the said Act of 1947 (which provide for enforcement against persons other than the covenantor) shall apply to any such restrictions as are mentioned in subsection (2) of this section, but with the substitution for references to the Forestry Commissioners of references to the Natural Resources Body for Wales a Welsh local authority .
(5) The following provisions shall have effect in the application of this section to Scotland:—
(a) a limited owner of land shall have power to enter into agreements under this section relating to the land;
(b) the Trusts (Scotland) Act 1921, shall have effect as if among the powers conferred on trustees by section four thereof (which relates to the general powers of trustees) there were included a power to enter into agreements under this section relating to the trust estate or any part thereof;
(c) an agreement under this section [to which an owner or limited owner of land or a trustee acting under paragraph (b) is a party] may be recorded in the General Register of Sasines or (as the case may be) registered in the Land Register of Scotland and, on being so recorded or registered, shall be enforceable at the instance of Scottish Natural Heritage against any person having an interest in the land and against any person deriving title from that person:
Provided that such an agreement shall not be enforceable against any third party who shall have in good faith and for value acquired right (whether title has been completed or not) to an interest in the land prior to the agreement being recorded or registered as aforesaid, or against any person deriving title from any such third party;
(d) the expression “owner” includes any person empowered under this subsection to enter into agreements relating to land;
(e) subsection (4) shall not apply.
(6) In this section a “Welsh local authority” means—
(a) the council of a county or county borough in Wales, and
(b) a National Park authority for a National Park in Wales.
17 Compulsory acquisition of land by conservation body for establishment of nature reserves.
(1) Subject to the provisions of the next following subsection, where the appropriate conservation body are satisfied as respects any land that it is expedient in the national interest that it should be managed as a nature reserve, they may acquire the land compulsorily.
(2) the appropriate conservation body shall not acquire any interest in land under the last foregoing subsection unless they are satisfied that they are unable, as respects that interest, to conclude on terms appearing to them reasonable an nature reserve agreement or an agreement under section 16 containing such provisions as in their opinion are required for securing that the land will be satisfactorily managed as a nature reserve.
18 Compulsory acquisition of land by conservation body for maintenance of nature reserves.
(1) Where, as respects any interest in land, the appropriate conservation body have entered into a nature reserve agreement or an agreement under section 16 and any breach of the agreement occurs which prevents or impairs the satisfactory management as a nature reserve of the land to which the agreement relates, then without prejudice to any other remedy the appropriate conservation body may acquire that interest compulsorily.
(2) Such a breach shall not be treated as having occurred by virtue of any act or omission capable of remedy unless there has been default in remedying it within a reasonable time after notice given by the appropriate conservation body requiring the remedying thereof.
(3) Any dispute arising under this section whether there has been such a breach of an agreement as aforesaid shall be determined by an arbitrator appointed by the Lord Chancellor or, in the case of a dispute relating to land in Scotland, by an arbiter appointed by the Lord President of the Court of Session.
(4) . . ., at any stage of the proceedings in any arbitration under the last foregoing subsection relating to land in Scotland the arbiter may, and shall if so directed by the Court of Session, state a case for the opinion of that Court on any question of law arising in the arbitration.
(1) A declaration by the appropriate conservation body that any land is the subject of a nature reserve agreement or an agreement under section 16, or has been acquired and is held by the appropriate conservation body, shall be sufficient evidence, unless the contrary is proved, that the land is subject to such an agreement or has been so acquired and is so held, as the case may be.
(2) A declaration by the appropriate conservation body that any land which is subject to such an agreement as aforesaid, or is held by the appropriate conservation body is being managed as a nature reserve shall be conclusive of the matters declared.
(3) It shall be the duty of the appropriate conservation body, where any such declaration has been made and the agreement to which it relates ceases to be in force, or the land to which it relates ceases to be held by the the appropriate conservation body or to be managed as a nature reserve, as the case may be, to make a declaration of that fact; and any such declaration shall be conclusive of the matters declared.
(4) the appropriate conservation body shall publish notice of any declaration under this section in such manner as appears to them best suited for informing persons concerned.
(5) A document purporting to be certified on behalf of the appropriate conservation body to be a true copy of any declaration under this section shall be receivable in evidence and shall be deemed, unless the contrary is shown, to be such a copy.
(1) the appropriate conservation body may, as respects land which is being managed as a nature reserve under an agreement entered into with them or land held by them which is being managed as a nature reserve, make byelaws for the protection of the reserve:
Provided that byelaws under this section shall not have effect as respects any land in a reserve unless a declaration under the last foregoing section is in force declaring that the land is being managed as a nature reserve and notice of the declaration has been published in pursuance of that section.
(2) Without prejudice to the generality of the last foregoing subsection, byelaws under this section—
(a) may provide for prohibiting or restricting the entry into, or movement within, nature reserves of persons, vehicles, boats and animals;
(b) may prohibit or restrict the killing, taking, molesting or disturbance of living creatures of any description in a nature reserve, the taking, destruction or disturbance of eggs of any such creature, the taking of, or interference with, vegetation of any description in a nature reserve, or the doing of anything therein which will interfere with the soil or damage any object in the reserve;
(c) may prohibit or restrict the shooting of birds or of birds of any description within such area surrounding or adjoining a nature reserve (whether the area be of land or of sea) as appears to the appropriate conservation body requisite for the protection of the reserve;
(d) may contain provisions prohibiting the depositing of rubbish and the leaving of litter in a nature reserve;
(e) may prohibit or restrict, or provide for prohibiting or restricting, the lighting of fires in a nature reserve, or the doing of anything likely to cause a fire in a nature reserve;
(f) may provide for the issue, on such terms and subject to such conditions as may be specified in the byelaws, of permits authorising entry into a nature reserve or the doing of anything therein which would otherwise be unlawful, whether under the byelaws or otherwise;
(g) may be made so as to relate either to the whole or to any part of the reserve or, in the case of byelaws made under paragraph (c) of this subsection, of any such surrounding or adjoining area as is mentioned in that paragraph, and may make different provisions for different parts thereof:
Provided that byelaws under this section shall not interfere with the exercise by any person of a right vested in him as owner, lessee or occupier of land in a nature reserve, or in the case of such land in Scotland as limited owner thereof, or with the exercise of any public right of way or of any functions of statutory undertakers, of a river board or other drainage authorityundertakers, or an internal drainage board or a district board for a fishery district within the meaning of the Salmon Fisheries (Scotland) Act 1862, or of the Commissioners appointed under the Tweed Fisheries Act 1857. or with the running of a telecommunications code system or the exercise of any right conferred by or in accordance with the telecommunications code on the operator of any such system.
(3) Where the exercise of any right vested in a person, whether by reason of his being entitled to any interest in land or by virtue of a licence or agreement, is prevented or hindered by the coming into operation of byelaws under this section, he shall be entitled to receive from the appropriate conservation body compensation in respect thereof.
21 Establishment of nature reserves by local authorities.
(1) The council of a county or county borough or in Scotland a general or district planning authority shall have power to provide, or secure the provision of, nature reserves on any land in their area (not being land held by, or managed in accordance with an agreement entered into with the appropriate conservation body) as to which it appears to the council expedient that it should be managed as a nature reserve.
(2), (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) The foregoing provisions of this Part of this Act shall apply to the provision of nature reserves by local authorities under this section with the substitution for references to the appropriate conservation body, the Natural Resources Body for Wales or Scottish Natural Heritage of references to the local authority and as if the references in subsection (1) of sections sixteen and seventeen respectively of this Act to the national interest included references reference in subsection (1) of section 17 of this Act to the national interest were a reference to the interests of the locality.
(5) A local authority may, as respects any land which is being managed as a nature reserve by the authority, enter into an agreement with any drainage authority for the exercise by the drainage authority, on such terms as to payment or otherwise as may be specified in the agreement, of any power of doing work exercisable by the local authority under the foregoing provisions of this section.
(6) A local authority shall exercise their functions under this Part of this Act in consultation with the appropriate conservation body.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
22 Power of drainage authorities to do work in nature reserves.
Where the appropriate conservation body, a local authority or any other person enter into an agreement with a drainage authority for the doing by that authority of any work on land managed as a nature reserve by, or under an agreement with, the appropriate conservation body or a local authority, no limitation imposed by law on the capacity of the drainage authority by virtue of the constitution thereof shall operate so as to prevent the drainage authority carrying out the agreement.
In the application of this Part of this Act to Scotland the expressions “owner” and “limited owner” have the same meanings as in section three of the Forestry Act 1947.
(1) The provisions of this Part of this Act shall, subject to the next following subsection, apply to land in Wales as they apply to land in England.
(2) Where a provision of this Part of this Act confers a function on the Natural England as respects England (or land of any description in England), the Natural Resources Body for Wales shall have the corresponding function as respects Wales (or land of a similar description in Wales).
(1) Where it appears to Natural England, as respects any part of England . . ., that the public should be enabled to make extensive journeys on foot or on horseback or on a bicycle not being a mechanically propelled vehicle along a particular route, being a route which for the whole or the greater part of its length does not pass along roads mainly used by vehicles, Natural England may prepare and submit to the Minister a report under this section.
(2) A report under this section shall contain a map showing the route, defining those parts thereof over which there exists a public right of way, and indicating in each case the nature of that right; and the report shall set out such proposals as Natural England may think fit—
(a) for the maintenance or improvement of any highway along which the route passes and which is a public path, a restricted byway or a way shown in a definitive map and statement as a restricted byway or byway open to all traffic;
(b) for the provision and maintenance of such new public paths as may be required for enabling the public to journey along the route;
(c) for the provision and operation of ferries where they are needed for completing the route; and
(d) for the provision of accommodation, meals and refreshments along the route.
(3) A report under this section may also include such recommendations as Natural England may think fit for the restriction of traffic on existing highways along which the route passes.
(4) Before preparing a report under this section Natural England shall consult every National Park authority,joint planning board, county council, . . . and county district council through whose Park or area the route passes; and it shall be the duty of every such authority, board or council to furnish to Natural England such information as Natural England may reasonably require for the purposes of the report.
(5) A report under this section shall contain an estimate, in such form as the Minister may require, of the capital outlay likely to be incurred in carrying out any such proposals contained therein as are mentioned in subsection (2) of this section, of the annual cost of maintaining any existing highways falling within paragraph (a) of that subsection and any new public paths provided for by the proposals, and of the annual expenditure likely to be incurred by local authorities and National Park authorities in connection with the provision and operation of ferries, and the provision of accommodation, meals and refreshments, so far as those matters are provided for by the proposals.
(6) In this section—
“definitive map and statement” has the same meaning as in Part III of the Wildlife and Countryside Act 1981; and
“restricted byway” has the same meaning as in Part II of the Countryside and Rights of Way Act 2000.
52 Approval of proposals relating to a long-distance route.
(1) On the submission to the Minister of a report under the last foregoing section, the Minister shall consider any proposals contained in the report under subsection (2) of that section and may either approve the proposals, with or without modifications, or reject the proposals:
Provided that where the Minister does not propose to approve the proposals as set out in the report he shall, before coming to a determination as to what action to take under this subsection, consult with Natural England and such other authorities and persons as he may think fit.
(2) As soon as may be after the Minister determines under the last foregoing subsection either to approve any proposals, with or without modifications, or to reject them, he shall notify his determination to Natural England and to every National Park authority joint planning board, county council, . . . and county district council whose Park or area is traversed by the route to which the report relates.
(3) Proposals approved by the Minister under subsection (1) of this section, either as originally set out in the report or as modified by the Minister, are hereinafter referred to as “approved proposals relating to a long-distance route.”
(1) Where approved proposals relating to a long-distance route include proposals for the provision and operation of a ferry, the authority who are the highway authority for either or both of the highways to be connected by the ferry—
(a) shall have power to provide and operate the ferry and to carry out such work and do all such things as appear to them expedient for the purpose of operating the ferry;
(b) may . . . agree with any person or body of persons for the provision and operation of the ferry by him or them and for the making by the highway authority of such contributions as may be specified in the agreement:
Provided that nothing in this subsection shall—
be construed as conferring on such an authority any exclusive right to operate a ferry;
authorise the doing of anything which apart from this subsection would be actionable by any person by virtue of his having an exclusive right to operate a ferry, unless he consents to the doing thereof;
authorise the doing of anything on land, or as respects water over land, in which any other person has an interest, if apart from this subsection the doing thereof would be actionable at his suit by virtue of that interest and he does not consent to the doing thereof;
and before carrying out any work in the exercise of powers conferred by this subsection, being work on the bank or bed of any waterway, the highway authority shall consult with such authorities having functions relating to the waterway as the Minister may either generally or in any particular case direct.
(2) A highway authority may acquire land compulsorily for the purpose of any of their functions under paragraph (a) of the last foregoing subsection.
(3)(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
54 Accommodation, meals and refreshments along long-distance routes.
(1) Where approved proposals relating to a long-distance route include proposals for the provision, along any part of the route, of accommodation, meals and refreshments, any local planning authority through whose area, or in the neighbourhood of whose area, that part of the route passes shall have power to make such arrangements under this section as are requisite for giving effect to the last-mentioned proposals.
(2) The arrangements which may be made by an authority under this section are arrangements for securing, at places in their area convenient for persons using the part of the route in question, the provision, whether by the authority or other persons, of accommodation, meals and refreshments (including intoxicating liquor):
Provided that an authority shall not under this section provide accommodation, meals or refreshments except in so far as it appears to them that the facilities therefor are inadequate or unsatisfactory, either generally or as respects any description of accommodation, meals or refreshments, as the case may be.
(3) For the purposes of arrangements under this section a local planning authority may erect such buildings and carry out such work as may appear to them to be necessary or expedient.
(4) The foregoing provisions of this section shall not authorise an authority, on land in which any other person has an interest, without his consent to do anything which apart from this section would be actionable at his suit by virtue of that interest.
(5) A local planning authority may acquire land compulsorily for the purpose of any of their functions under this section.
(1) Where proposals relating to a long-distance route have been approved by the Minister under section fifty-two of this Act, Natural England may from time to time prepare and submit to the Minister a report proposing any such variation of the approved proposals as Natural England may think fit.
(2) Where, as respects any proposals approved as aforesaid, it appears to the Minister, after consultation with Natural England, expedient that the proposals should be varied in any respect and Natural England have not submitted to the Minister a report proposing that variation, the Minister may direct that the proposals shall be so varied.
(3) Subsection (4) of section fifty-one of this Act, and subsections (1) and (2) of section fifty-two thereof, shall with the necessary modifications apply to a report or direction under this section; and subsection (5) of the said section fifty-one shall with the necessary modifications apply to any such report.
(4) Where the Minister approves, with or without modifications, any proposals contained in a report under subsection (1) of this section, or gives a direction under subsection (2) of this section, the proposals for the variation of which the report was made or direction given shall thereafter have effect subject to the provisions of the report or direction; and references in this Act to approved proposals relating to a long-distance route shall be construed accordingly.
55A Proposals relating to the English coastal route
(1) Pursuant to the coastal access duty, Natural England may prepare and submit a report under section 51 containing proposals for a route (whether or not the requirements of section 51(1) are satisfied).
(2) For the purposes of subsection (1) it is immaterial whether the route or any part of it is already a route in approved proposals relating to a long-distance route.
(3) In subsections (4) and (5) “preliminary activity” means activity which Natural England considers would facilitate the preparation by it of a report under section 51 pursuant to the coastal access duty.
(4) Where Natural England considers it necessary or expedient for preliminary activity to be carried out as respects any land, it must—
(a) consider whether it would be appropriate for the access authority in relation to that land to carry out any of the preliminary activity, and
(b) if it concludes that it would be so appropriate, take all reasonable steps to enter into an agreement with the access authority for that purpose.
(5) An access authority may, as respects any land in its area, enter into an agreement with Natural England under which the access authority undertakes to carry out preliminary activity.
(6) In this section “the coastal access duty” means the duty imposed on Natural England and the Secretary of State by section 296(1) of the Marine and Coastal Access Act 2009.
(1) This section applies in relation to a report under section 51 prepared pursuant to the coastal access duty.
(2) Where Natural England considers that the area through which the route passes is an area to which subsection (3) applies, the report may set out proposals for the route, or any part of it, to be determined at any time in accordance with provision made in the proposals (rather than as shown on a map).
(3) This subsection applies to an area if it is or may be—
(a) subject to significant coastal erosion or encroachment by the sea, or
(b) subject to significant physical change due to other geomorphological processes.
(4) The provision made by virtue of subsection (2) may, in particular, provide for the route to be determined by reference to the edge of a cliff or boundary of a field (as it exists from time to time).
(5) Where the report contains proposals under subsection (2), the map included in the report in accordance with section 51(2) must show the route as determined, at the time the report is prepared, in accordance with those proposals.
(6) Natural England must consult the Environment Agency before exercising its powers under subsection (2) in respect of an area which is or may be—
(a) subject to significant coastal erosion or encroachment by the sea, or
(b) subject to significant physical change due to other geomorphological processes in relation to which the Agency has functions.
(1) This section applies in relation to a report under section 51 prepared pursuant to the coastal access duty.
(2) The report may include, in relation to the route (“the ordinary route”) or any part of it, a proposal under subsection (3) or (4).
(3) A proposal under this subsection is a proposal for an alternative route which is to operate as a diversion from the ordinary route, or part, during one or both of the following—
(a) any specified period (or periods), and
(b) any period during which access to the ordinary route or part is excluded by reason of a direction under Chapter 2 of Part 1 of the CROW Act (exclusion or restriction of access).
(4) A proposal under this subsection is a proposal for an alternative route which is to operate as an optional alternative to the ordinary route, or part, during any period for which the ordinary route, or part, might reasonably be regarded as unsuitable for use by reason of—
(a) flooding,
(b) the action of the tide,
(c) coastal erosion or encroachment by the sea, or
(d) the effect of any other geomorphological process.
(5) In subsection (3)(a) “specified” means—
(a) specified in, or determined in accordance with, the proposal, or
(b) determined in accordance with the proposal by—
(i) a person specified in the proposal, or
(ii) a person determined in accordance with the proposal, details of whom are notified to Natural England in accordance with the proposal.
(6) Sections 51(2) and 55B apply in relation to an alternative route as they apply in relation to the ordinary route.