National Parks and Access to the Countryside Act 1949

88 Functions of certain bodies in relation to areas of outstanding natural beauty.

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89 Planting of trees and treatment of derelict land.

(1) A local planning authority may plant trees on land in their area for the purpose of preserving or enhancing the natural beauty thereof. (2) Where it appears to a local authority that any land in their area— (a) is derelict, neglected or unsightly; or (b) is not derelict, neglected or unsightly but is likely to become so by reason of actual or apprehended collapse of the surface as the result of the carrying out of relevant operations which have ceased to be carried out, they may carry out, for the purpose of reclaiming or improving that land or of enabling it to be brought into use, such works on that land or any other land as appear to them expedient. In this subsection “relevant operations” means underground mining operations other than operations for the purpose of the working and getting of coal, or of coal and other minerals worked with coal, or for the purpose of getting any product from coal in the course of working and getting coal. (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) The powers conferred by this section may be exercised by an authority either on land belonging to them or with the consent of all persons interested therein on other land; and in relation to such other land the said powers shall include power to make arrangements whereby the planting or work is carried out, on such terms as may be provided under the arrangements, by a person other than the authority. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . nothing in the foregoing provisions of this section shall authorise the doing of anything in contravention of any prohibition or restriction having effect under any enactment or rule of law. (5) A local authority may acquire land compulsorily for the purpose of any of their functions under this section. (6) Where a local authority exercise their powers under the foregoing provisions of this section on land not belonging to the authority, the management of the land, so far as relates to anything done by the authority, may be undertaken either by the authority or by a person interested in the land, as may be agreed between the authority and the persons so interested, and on such terms as may be so agreed. (7) In this section “local authority” means a local planning authority, the council of a county . . . not being a local planning authority, or the council of a county district.

90 Local authority byelaws.

(1) A local planning authority may, as respects land in their areas 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (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 litter; (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: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) Before making bylaws under the foregoing provisions of this section as respects a National Park or area of outstanding natural beauty, the local planning authority shall consult with Natural England(as regards land in England) or the Natural Resources Body for Wales (as regards land in Wales). (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 places. 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.

91 Default powers of Secretary of State as to certain byelaws.

(1) If a local planning authority, when required by the Secretary of State to make, 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, byelaws with respect to any of the matters with respect to which they are empowered by the last foregoing section to make byelaws, do not within three months after being so required comply with the requirement to the satisfaction of the Secretary of State, he may himself make byelaws in relation to the matters, and as respects the land or waterway, in question: Provided that before making byelaws under this section as respects a National Park or area of outstanding natural beautyin Wales the Secretary of State shall consult with Natural England(as regards land or waterways in England) or the Natural Resources Body for Wales (as regards land or waterways in Wales). (2) Any byelaws made by the Secretary of State under this section shall have effect as if they had been made by the local planning authority and confirmed by the Secretary of State, and the provisions of this Act and of any enactment thereby applied shall have effect in relation to the byelaws accordingly.

92 Wardens.

(1) A local authority may appoint such number of persons as may appear to the authority to be necessary or expedient to act as wardens as respects any land or waterway in relation to which byelaws made by the authority are in force under the last but one foregoing section, or in relation to which the authority have power to make such byelaws. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) For the purpose of exercising any function conferred on him by or under this section a warden appointed thereunder may enter upon any land, or go on any waterway, comprised in an access agreement or order in force under Part V of this Act: Provided that this subsection shall not confer any power of entry on land which is excepted land for the purposes of the said Part V. (4) Subject to the provisions of the last foregoing subsection, the foregoing provisions of this section shall not authorise a warden appointed by an authority thereunder, on land or a waterway in which any person other than that authority has an interest, without the consent of that person to do anything which apart from this section would be actionable at his suit by virtue of that interest.

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99 Contributions by local authorities.

(1) A local authority may defray or contribute towards, or undertake to defray or contribute towards, expenditure incurred or to be incurred for the purposes of this Act by any other local authority. (2) In this section the expression “local authority”means a local planning authority, the council of a county . . . not being a local planning authority, or the council of a county districtmeans a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994. (3) Where, under subsection (4) of section thirteen of this Act, the Minister directs that any power of a local planning authority under that section shall be exercisable by another authority, subsection (1) of this section shall apply as if that other authority were a local authority; and if the direction so provides the local planning authority shall be under a duty to exercise their powers under subsection (1) of this section to such extent as may be specified in the direction. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) Any expenditure incurred under this section by a local planning authority in respect of the erection of buildings or the carrying out of work by any such other authority as is mentioned in subsection (3) of this section shall be treated for the purposes of section ninety-seven of this Act as if it were expenditure incurred in the exercise of the powers of the local planning authority mentioned in paragraph (a) of subsection (1) of the said section ninety-seven. (6) The council of a county . . . may defray or contribute towards any expenditure incurred by the Environment Agency, the Natural Resources Body for Wales or an internal drainage board being expenditure incurred for the benefit of a nature reserve managed by or under an agreement with the council or in consequence of anything done in the management of such a reserve.

100 Payments out of moneys provided by Parliament.

There shall be defrayed out of moneys provided by Parliament— (a) the expenses under this Act of the Minister of Town and Country Planning, . . . and the Minister of Agriculture, Fisheries and Food; (b) any increase attributable to the provisions of this Act in the sums payable out of such moneys under Part I or Part II of the Local Government Act 1948.

101 Crown land.

(1) The following provisions of this section shall have effect for applying certain provisions of this Act to Crown land, that is to say land an interest in which belongs to His Majesty in right of the Crown or the Duchy of Lancaster, or to the Duchy of Cornwall, and land an interest in which belongs to a Government department or is held in trust for His Majesty for the purposes of a Government department. (2) A National Park may include Crown land, and with the consent of the appropriate authority the powers conferred by Part II of this Act may be exercised as respects any interest in Crown land. (3) Where a National Park includes any Crown land, the appropriate authority and the local planning authority in whose area the land is situated may enter into an agreement for securing that, so far as any interest held by or on behalf of the Crown is concerned and so far as may be provided by the agreement, the land will be managed in a manner consistent with the accomplishment of either or both of the purposes specified in subsection (1) of section five of this Act. (4) The appropriate authority may enter into an agreement under Part III of this Act as respects an interest in Crown land held by or on behalf of the Crown, and an agreement thereunder as respects any other interest in Crown land shall not have effect unless approved by the appropriate authority. (5) An interest in Crown land, other than one held by or on behalf of the Crown, may be acquired under the said Part III, but only with the consent of the appropriate authority. (6) Parts IV and V of this Act shall apply to Crown land, but subject to the following modifications, that is to say,— (a) no . . . access order shall be made as respects such land except with the consent of the appropriate authority; (b) no such land shall be acquired under the said Part IV or V except with such consent; and (c) if any land comprised in an access agreement or order, not being excepted land as defined for the purposes of the said Part V, becomes Crown land while it is so comprised, the access agreement or order shall cease to apply to the land unless the appropriate authority consent to the continued application thereto of the agreement or order. (7) Section eighty-nine of this Act shall apply to Crown land if the appropriate authority consents to its application thereto, but subject to the following modifications, that is to say— (a) an interest in Crown land may be acquired for the purposes of the said section eighty-nine only with the consent of the appropriate authority; (b) if any land affected by arrangements under subsection (3) of that section or an agreement under subsection (6) thereof becomes Crown land, the arrangements or agreement shall cease to apply to the land unless the appropriate authority consent to the continued application thereto of the arrangements or agreement. (8) Byelaws made under this Act shall apply to Crown land if the appropriate authority consents to their application thereto. (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (10) Notwithstanding anything in subsection (3) or subsection (6) of this section— (a) an agreement authorised by the said subsection (3) and made . . . by any Government department, or an access agreement so made, shall be of no effect unless it is approved by the Treasury; and (b) in considering whether to make or approve an agreement authorised by the said subsection (3), or an access agreement, relating to land belonging to a Government department or held in trust for His Majesty for the purposes of a Government department, the department and the Treasury shall have regard to the purposes for which the land is held by or for the department. (11) In this section the expression “the appropriate authority”, in relation to any land, means— (a) in the case of land belonging to His Majesty in right of the Crown, the Commissioners of Crown Lands or other Government department having the management of the land in question; (b) in the case of land belonging to His Majesty in right of the Duchy of Lancaster, the Chancellor of the Duchy; (c) in the case of land belonging to the Duchy of Cornwall, such person as the Duke of Cornwall or the possessor for the time being of the Duchy of Cornwall appoints; (d) in the case of land belonging to a Government department or held in trust for His Majesty for the purposes of a Government department, that department; and if any question arises under this section as to what authority is the appropriate authority in relation to any land, that question shall be referred to the Treasury, whose decision shall be final.

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103 General provisions as to acquisition of land.

(1) Any power conferred by this Act on the appropriate conservation body (as defined in section 15A of this Act) or a local authority to acquire land compulsorily shall be exercisable in any particular case on their being authorised so to do by the Secretary of State. (1A) The Acquisition of Land Act 1981 shall apply to the acquisition of land under this Act, and in relation to the acquisition under this Act of any interest in land the Compulsory Purchase Act 1965 shall apply with any necessary modifications. (2) In relation to the compulsory acquisition of land under this Act by Scottish Natural Heritage or a local authority, the Acquisition of Land (Authorisation Procedure) Act 1946, shall apply as if this Act had been in force immediately before the commencement of that Act and as if in paragraph (a) of subsection (1) of section one thereof, in Part I of the First Schedule thereto and in the Second Schedule thereto references to a local authority included references to Scottish Natural Heritage : Provided that section two of the said Act (which confers temporary powers for the speedy acquisition of land in urgent cases) shall not apply to any such compulsory acquisition as is mentioned in this subsection. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) The following provision shall have effect, in relation to the acquisition of land under this Act, in substitution for section 120 of the Local Government Act 1972 (which provides for the acquisition of land by local authorities by agreement for the purposes of their functions), that is to say, a local authority may with the consent of the Minister by agreement acquire, whether by way of purchase, lease or exchange, any land, whether within or without the area of the local authority, which they require for the purpose of any of their functions under this Act or any other land which they may be authorised under this Act to acquire compulsorily. (6) In this section, and in any enactment in this Act which confers a power to acquire land compulsorily, the expression “land” includes any interest in land; and the provisions of the Lands Clauses Acts incorporated with this Act by virtue of paragraph 1 of the Second Schedule to the Acquisition of Land (Authorisation Procedure) Act 1946, as applied by subsections (2) and (4) of this section, shall apply with the necessary modifications in relation to the compulsory acquisition of any interest in land, being an interest not falling within the definition of “lands” contained in the Lands Clauses Acts. (7) In the application of this section to Scotland there shall be substituted, for references to the Acquisition of Land (Authorisation Procedure) Act 1946, and to section 120 of the Local Government Act 1972 respectively, references to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947, and to section 70 of the Local Government (Scotland) Act 1973 and in subsection (5) there shall be substituted for the words “whether by way of purchase, lease or exchange” the words “whether by way of purchase, feu, lease or excambion”; and subsection (4) shall not apply.

104 General provisions as to appropriation and disposal of land.

(1) The following provisions of this section shall have effect with respect to the disposal or appropriation by any local authority of land which has been acquired by them under this Act or appropriated by them for purposes for which land can be aquired under this Act, and is for the time being held by the authority for the purposes for which it was acquired or appropriated. (2) Subject to the provisions of subsections (5) and (6) of this section— (a) where any such land was acquired or appropriated by the authority for a purpose involving the disposal thereof by the authority or for a purpose which in the opinion of the authority can best be achieved by the disposal thereof, or which can be achieved consistently with the disposal thereof, they may dispose of the land to such person, in such manner and subject to such conditions as may appear to the authority to be expedient in order to secure that the land will be best dealt with having regard to the purpose for which it was acquired; (b) where any such land is no longer required for the purpose for which it is held, the authority may dispose thereof to such person, in such manner and subject to such conditions as may appear to the authority to be expedient, having regard to the nature and situation of the land, in order to secure the best use of the land. (3) Subject to the provisions of subsection (5) of this section, the authority may appropriate any such land, where the land is no longer required for the purpose for which it is held, for any other purpose for which the authority are or may be authorised in any capacity to acquire land under this Act or by or under any other enactment. (4) In relation to an appropriation under the last foregoing subsection, subsection (4) of section 122 of the Local Government Act 1972, . . . (which relate to the operation of section sixty-eight of the Lands Clauses Consolidation Act 1845, and to adjustments in accounts) shall have effect as they have effect in relation to appropriations under those sections respectively. (5) The consent of the Minister shall be requisite to any disposal or appropriation of land by a local authority under this section, and may be given as respects either a particular disposal or appropriation or disposals or appropriations of any class, and either subject to or free from any conditions or limitations. (6) The consent of the Minister to a sale by a local authority under this section of the freehold in any land, or to a lease by them thereunder of any land for a term of more than ninety-nine years, shall not be given unless he is satisfied that there are exceptional circumstances which render the disposal of the land in that manner expedient as mentioned in subsection (2) of this section. (7), (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (9) In this section references to disposal of land shall be construed as references to disposal thereof in any manner (otherwise than by appropriation) whether by way of sale, exchange or lease, by the creation of any easement, right or privilege, or in any other manner, except disposal by way of gift, mortgage or charge. (10) In relation to any such land as is mentioned in subsection (1) of this section, this section shall have effect to the exclusion of the provisions of subsections (1) to (3), (5) and (6) of section 122 and section 123 of the Local Government Act 1972, . . . , or of sections 73 and 74 of the Local Government (Scotland) Act 1973. (11) Section 153 of the Local Government Act 1972, . . . (which relate to the application of capital money received from the disposal of land), and section one hundred and sixty-eight of the Local Government (Scotland) Act, 1947 (so far as it relates to the application of such money), shall have effect as respects capital money received in respect of transactions under the provisions of this section relating to the disposal of land as they have effect as respects capital money received in respect of such transactions as are mentioned in those sections respectively. (12) In the application of this section to Scotland, the following provision shall be substituted for subsection (4) of this section, that is to say— (4) on any appropriation being made under the last foregoing subsection proper adjustments in respect thereof shall be made in the accounts of the authority , and the following provision shall be substituted for subsection (9) of this section, that is to say— (9) In this section references to disposal of land shall be construed as references to disposal thereof in any manner (otherwise than by appropriation), whether by way of sale, feu, excambion or lease, by the creation of any servitude, right or privilege, or in any other manner except disposal by way of gift or in security ; and subsections (6), (7) and (8) shall be omitted.

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106 Supplementary provisions as to byelaws.

(1) Sections 236 to 238 of the Local Government Act 1972 shall apply to all byelaws under this Act as if any authority having power to make them were a local authority within the meaning of the said Act of 1972 so however, that in relation to byelaws made by the appropriate conservation body(as defined in section 15A of this Act) the said sections shall apply subject to such adaptations as may be prescribed by regulations made by the Secretary of State. (2) In relation to byelaws made under this Act the confirming authority for the purposes of the said section 236 shall be the Secretary of State. (3) Any authority having power under this Act to make byelaws shall have power to enforce byelaws made by them. (4) The following provisions shall have effect in the application of this section to Scotland:— (a) for references to the Local Government Act 1972 and to sections 236 to 238 thereof there shall be substituted references to the Local Government (Scotland) Act 1973, and to sections 201 to 204 thereof; and (b) nothing in the last foregoing subsection shall be construed as authorising any such authority as is mentioned therein to institute proceedings in Scotland for an offence. (5) This section does not apply to byelaws made under this Act by the Natural Resources Body for Wales .

106A Supplementary provisions as to byelaws made by the Natural Resources Body for Wales

(1) Sections 3 to 19 of the Local Government Byelaws (Wales) Act 2012 shall apply to all byelaws made by the Natural Resources Body for Wales under this Act. (2) The confirming authority for the purposes of section 7 of the 2012 Act is the Welsh Ministers.

107 Supplementary provisions as to compensation under ss. 20, 46 and 70.

(1) The following provisions shall have effect as to compensation under section twenty of this Act, under that section as applied by section twenty-one thereof . . . and under section seventy thereof. (2) Any dispute arising on a claim for any such compensation shall be determined by the Upper Tribunal. (3) For the purposes of any reference to the Upper Tribunal under the last foregoing subsection, section 4 of the Land Compensation Act 1961section 5 of the Land Compensation (Scotland) Act 1963 (which relates to costs) shall have effect with the substitution, for references to the acquiring authority, of references to the authority from whom the compensation in question is claimed. (4) Rules 2 to 4 of the Rules set out in section 5 of the said Act of 1961section 12 of the said Act of 1963 (which provides rules for valuation on a compulsory acquisition) shall apply to the calculation of any such compensation, in so far as it is calculated by reference to the depreciation of the value of an interest in land. (5) In the case of an interest in land subject to a mortgage— (a) any such compensation in respect of the depreciation of that interest shall be calculated as if the interest were not subject to the mortgage; (b) a claim or application for the payment of any such compensation, or an application for the recording of a claim in respect of the interest under subsection (1) of section seventy-two of this Act, may be made by any person who when the byelaws or order giving rise to the compensation were or was made was the mortgagee of the interest, or by any person claiming under such a person, but without prejudice to the making of a claim or application by any other person; (c) a mortgagee shall not be entitled to any such compensation in respect of his interest as such; and (d) any compensation payable in respect of the interest subject to the mortgage shall be paid to the mortgagee, or, where there is more than one mortgagee, to the first mortgagee, and shall in either case be applied by him as if it were proceeds of sale. (6) This section shall apply to Scotland— (a) with the substitution for any reference to the Upper Tribunal of a reference to the Lands Tribunal for Scotland; and (b) with the substitution respectively for any reference to a mortgage, to a mortgagee, and to the first mortgagee, of a reference to a heritable security, to the creditor in a heritable security, and to the creditor whose heritable security has priority over any other heritable securities secured on the land: Provided that until sections one to three of the Lands Tribunal Act 1949, come into force as respects Scotland the expression “the Lands Tribunal for Scotland” in subsection (2) of this section shall be construed as meaning an official arbiter appointed under the Land Compensation (Scotland) Act 1963, and the following provisions of the said Act of 1963 that is to say, section 3 thereof (which relates to procedure), section 5 thereof (which relates to costs) . . . but with the substitution for references to the acquiring authority of references to the authority from whom the compensation in question is claimed, and subsection (9) of section 3 thereof (which relates to the statement of special cases) as modified by section ten of the said Act of 1949, shall apply for the purposes of the arbitration.

108 Powers of entry.

(1) For the purpose of surveying land in connection with— (a) the acquisition thereof or of any interest therein in relation to land in Scotland , whether by agreement or compulsorily, (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) the making of an access order with respect thereto, in the exercise of any power conferred by this Act, any person duly authorised in writing by the Minister or other authority having power so to acquire the land or to make the order, as the case may be, may enter upon the land. (1A) A person may not be authorised under subsection (1) to enter and survey or value land in England and Wales in connection with a proposal to acquire an interest in or a right over land (but see section 172 of the Housing and Planning Act 2016). (2) For the purpose of surveying land, or of estimating its value, in connection with any claim for compensation payable under this Act by a Minister or other authority in respect of that or any other land, any person being an officer of the Valuation Office or a person duly authorised in writing by the authority from whom the compensation is claimed may enter upon the land. (3) A person authorised under this section to enter upon any land shall, if so required, produce evidence of his authority before entering; and a person shall not under this section demand admission as of right to any land which is occupied unless at least fourteen days’ notice in writing of the intended entry has been given to the occupier. (4) Any person who wilfully obstructs a person in the exercise of his powers under this section shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.

109 †Application of provisions of Act of 1947 as to inquiries and service of notices.

(1) Section 282 of the Town and Country Planning Act 1971 (which provides for the holding by the Minister of local inquiries for the purposes of that Act) shall apply for the purposes of this Act. (2) Section 283 of the Town and Country Planning Act 1971 and section 269 of the Town and Country Planning (Scotland) Act 1972 (which provide for the service of notices and other documents) shall apply to notices and other documents required or authorised to be served or given under this Act: Provided that this subsection shall not apply to the service of any notice required or authorised to be served under the First Schedule to the Acquisition of Land (Authorisation Procedure) Act 1946, or the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947, as applied by this Act. (3) Subsection (1) of this section shall not apply to Scotland.

110 Regulations and orders.

(1) Any power conferred by this Act to make regulations shall be exercisable by statutory instrument. (2) Any order under Part IV, V or VI of this Act may be varied or revoked by a subsequent order made in the like manner and subject to the like provisions: Provided that, without prejudice to the making of a new access order under Part V of this Act, an access order under the said Part V shall not be varied so as to comprise land not comprised in the original order. (3) Any regulations made under this Act shall be subject to annulment by a resolution of either House of Parliament.

111 Application to Isles of Scilly.

(1) The Minister may, after consultation with the Council of the Isles of Scilly, by order provide for the application of this Act to the Isles of Scilly as if those Isles were a separate county; and any such order may provide for the application of this Act to those Isles subject to such modifications, or to the exception of such Parts or provisions thereof, as may be specified in the order. (2) The power to make orders conferred by this section shall be exercisable by statutory instrument.

111A Application to the Broads Authority.

(1) Sections 21 and 22 of this Act shall have effect as if the Broads Authority were a county council. (2) Sections 54 and 89 of this Act shall have effect as if the Broads Authority were a local planning authority. (3) Part V of this Act (apart from section 69) shall have effect as if the Broads Authority were a local planning authority but as if— (a) sections . . . , 74 and 78 were omitted; and (b) . . ., the Broads were a National Park. (4) Section 69 of this Act shall have effect as if the Broads Authority were a county planning authority. (5) In this section “ the Broads ” has the same meaning as in the Norfolk and Suffolk Broads Act 1988.

112 Epping Forest and Burnham Beeches.

(1) The provisions of this Act mentioned in the next following subsection shall not apply to any of the lands under the regulation and management of the Corporation of London as Conservators of Epping Forest, or acquired by, and vested in, that Corporation under the Corporation of London (Open Spaces) Act 1878, in the area known as Burnham Beeches. (2) The said provisions are Part II of this Act, Part V thereof, and sections eighty-nine to ninety-four thereof.

113 National Trust land.

No power conferred by Part V or Part VI of this Act to acquire land compulsorily shall be exercisable in respect of land belonging to the National Trust which is held by the Trust inalienably.

114 Interpretation.

(1) In this Act the following expressions have the meanings hereby assigned to them respectively, that is to say— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “ area of outstanding natural beauty ” means an area designated under section 82 of the Countryside and Rights of Way Act 2000; ... ... “drainage authority” means— as respects England, the Environment Agency; as respects Wales, the Natural Resources Body for Wales; in either case, an internal drainage board; “interest”, in relation to land, includes any estate in land and any right over land, whether the right is exercisable by virtue of the ownership of an interest in land or by virtue of a licence or agreement, and in particular includes sporting rights; “land” includes land covered by water and as respects Scotland includes salmon fishings; “the Minister” as respects England and Wales means the Secretary of State and as respects Scotland means the Secretary of State; “National Park” has the meaning assigned to it by subsection (3) of section five of this Act; “open-air recreation” does not include organized games; “owner”, in relation to any land, means, except in Part III of this Act , a person, other than a mortgagee not in possession, who, whether in his own right or as trustee or agent for any other person, is entitled to receive the rack rent of the land or, where the land is not let at a rack rent, would be so entitled if it were so let, and, in Part III of this Act, as respects England and Wales means any person being either entitled to the fee simple or being a mortgagee in possession of the land and as respects Scotland has the meaning assigned to it by section twenty-six of this Act ; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “vehicle” does not include a vessel, except any vessel adapted for use on land while it is being so used; “waterway” means any lake, river, canal or other waters, being (in any case) waters suitable, or which can reasonably be rendered suitable, for sailing, boating, bathing or fishing; and, except where the context otherwise requires, other expressions have the same meanings respectively as in the Town and Country Planning Act 1971 or, in their application to Scotland, as in the Town and Country Planning (Scotland) Act 1972. (2) References in this Act to the preservation , or the conservation, of the natural beauty of an area shall be construed as including references to the preservation or, as the case may be, the conservation of its flora, fauna and geological and physiographical features. (3) References in this Act to the planting of trees shall be construed as including references to the planting of bushes, the planting or sowing of flowers and the sowing of grass and the laying of turf. (4) References in this Act to any enactment shall be construed as references to that enactment as amended by or under any subsequent enactment including this Act.

115 Short title and extent.

(1) This Act may be cited as the National Parks and Access to the Countryside Act 1949. (2) This Act, except Part III thereof and so much of this Part thereof as relates to the said Part III, shall not extend to Scotland; and this Act shall not extend to Northern Ireland.

FIRST SCHEDULE Provisions as to Making, Confirmation, Coming into Operation and Validity of certain Instruments

Part I Orders designating National Parks, Public Path Orders, Diversion Orders and Extinguishment Orders, and Access Orders 1 (1) Before— (a) an order designating a National Park, (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (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 . . . 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-paragraphsshall 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 every county or county borough which includes any of the land to which the order relates; (b) in the case of . . . 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3A) Where under this paragraph any notice is required to be given by any person in respect of any land which is already in a National Park for which a National Park authority is the local planning authority, that person shall serve a copy of that notice on that authority. (4) Where under this paragraph any notice is required to be served on an owner of land and the land belongs to an ecclesiastical beneficeis vested in the incumbent of a benefice of the Church of England, a like notice shall be served on the Church CommissionersDiocesan Board of Finance for the diocese in which the land is situated. 2 (1) If no representations or objections are duly made, or if any so made are withdrawn, the Minister may, if he thinks fit, confirm or make the order, as the case may be, with or without modifications. (2) If any representation or objection duly made is not withdrawn, the Minister shall, before confirming or making the order, as the case may be, if the objection is made by a local authority cause a local inquiry to be held and in any other case either— (a) cause a local inquiry to be held, or (b) afford to any person by whom any representation or objection has been duly made and not withdrawn an opportunity of being heard by a person appointed by him for the purpose, and, after considering the report of the person appointed to hold the inquiry or to hear representations or objections, may confirm or make the order, as the case may be, with or without modifications: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2A) In sub-paragraph (2) “ local authority ” does not include— (a) in relation to an order designating a National Park in England, a parish council, or (b) in relation to an order designating a National Park in Wales, a community council. (3) Notwithstanding anything in the foregoing provisions of this paragraph, the Minister shall not confirm or make an order so as to affect land not affected by the order as submitted to him or the draft order prepared by him, as the case may be, except after— (a) giving such notice as appears to him requisite of his proposal so to modify the order, specifying the time (not being less than twenty-eight days) within which and manner in which representations or objections with respect to the proposal may be made; (b) holding a local inquiry or affording to any person by whom any representation or objection has been duly made and not withdrawn an opportunity of being heard by a person appointed by him for the purpose; and (c) considering the report of the person appointed to hold the inquiry or to hear representations or objections, as the case may be, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) Where, in the case of an access order, it is represented by the Environment Agency (as respects England), the Natural Resources Body for Wales (as respects Wales), or a water undertaker that any land comprised in the order as submitted to the Minister or in the draft order prepared by him, as the case may be (or, where notice of a proposed modification has been given under head (a) of the last foregoing sub-paragraph, any land to which the proposed modification relates), should be excluded from the operation of the order on the ground that by reason of— (a) the proximity of the land to any reservoir used for the purposes of the statutory undertaking carried on by that Authority or, as the case may be, undertaker, or (b) any other physical factor affecting the flow of water from the land into any such reservoir, the operation of section sixty of this Act as respects that land would be likely to involve danger to the purity of the water supply which could not be prevented by the taking of any reasonable measures, sub-paragraph (2) of this paragraph, or head (c) of the last foregoing sub-paragraph, as the case may be, shall have effect in relation to that representation as if it provided for the consideration of the report therein referred to by the Minister . . . (5) If, as the result of any representations or objections considered, or inquiry or other hearing held, in connection with the confirmation of an order designating a National Park or the making of an order varying such an order, the Minister is of opinion that Natural England, the Natural Resources Body for Walesa National Park authority,, a county planning authorityor, in Wales, the local planning authority or any other person ought to be consulted before he decides whether to confirm or make the order either with or without modifications, he shall consult Natural England, the Natural Resources Body for Wales, authority or other person but, subject to the provisions of sub-paragraph (3) of this paragraph, shall not be under any obligation to consult any other person, or to afford any opportunity for further representations or objections or to cause any further inquiry or other hearing to be held. 3 As soon as may be after any such order as is mentioned in paragraph 1 of this Schedule has been confirmed or made by the Minister, the authority by whom the order was made, or, in the case of an order made by the Minister, the Minister, shall publish, in the manner required in relation to the class of order in question by sub-paragraph (3) of paragraph 1 of this Schedule, a notice in the prescribed form describing the effect of the order, stating that it has been confirmed or made, and naming a place where a copy thereof as confirmed or made may be inspected at all reasonable hours, and— (a) where under the said sub-paragraph (3) notice was required to be served, shall serve a like notice and a copy of the order as confirmed or made on any persons on whom notices were required to be served under that sub-paragraph or under sub-paragraph (3A) or (4) of paragraph 1 of this Schedule; and (b) where under the said sub-paragraph (3) a notice was required to be displayed, shall cause a like notice to be displayed in the like manner as the notice required to be displayed under that sub-paragraph: Provided that no such notice or copy need be served on a person unless he has sent to the authority or Minister (according as the notice or copy would require to be served by an authority or by the Minister) a request in writing in that behalf specifying an address for service. 3A An order designating a National Park shall have effect as from such time as may be determined by the Minister and specified in the notice of the confirmation of that order. 4 (1) The Minister may, subject to the provisions of this Part of this Schedule, by regulations make such provision as to the procedure on the submission and confirmation of orders to which this Part of this Schedule applies as appears to him to be expedient. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) In this Part of this Schedule the expression “prescribed” means prescribed by regulations made by the Minister. Part II. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part III Provisions as to validity of orders, and of certain maps and statements prepared under Part IV of this Act 8 If any person desires to question the validity of an order to which Part I . . . of this Schedule applies on the ground that it is not within the powers of this Act, or on the ground that any requirement of this Act or of any regulation made thereunder has not been complied with in relation to the making or confirmation of the order, he may, within six weeks after the date of publication of notice of the confirmation or making of the order in accordance with the foregoing provisions of this Schedule in that behalf, make an application to the High Court; and on any such application the court— (a) may by interim order suspend the operation of the order, either generally or in so far as it affects the applicant, until the final determination of the proceedings; and (b) if satisfied that the order is not within the powers of this Act or that the interests of the applicant have been substantially prejudiced by a failure to comply with any such requirement as aforesaid, may quash the order either generally or in so far as it affects the applicant. 9 (1) If any person desires to question the validity of a definitive map prepared under Part IV of this Act on the ground that the map is not within the powers of this Act, or on the ground that any requirement of this Act or of any regulation made thereunder has not been complied with in relation to the preparation of the map, or of any draft or provisional map on which that map is based, he may, within six weeks after the date of publication of notice of the preparation of the map in accordance with the provisions of the said Part IV in that behalf, make an application to the High Court; and on any such application the court, if satisfied that the map is not within the powers of this Act, or that the interests of the applicant have been substantially prejudiced by a failure to comply with any such requirement as aforesaid, may make an order declaring that, notwithstanding anything contained in the said Part IV, the definitive map shall not be conclusive evidence of any such matter as may be specified in the order. (2) References in this paragraph to a definitive map, or to a draft or provisional map, shall be construed as including references to a revised map prepared in definitive form, or to a revised map prepared in draft or provisional form, as the case may be; references therein to a map shall be construed as including references to any statement required by the provisions of Part IV of this Act to be annexed to the map; and for the purposes of this paragraph a map shall be deemed to be based on another map if the particulars contained in the former map are required by the said provisions to be the particulars contained in the latter map as modified in accordance with those provisions. 10 Subject to the provisions of the two last foregoing paragraphs, an order, map, or statement to which either of those paragraphs applies shall not, either before or after it has been confirmed, made or prepared, be questioned in any legal proceedings whatsoever, and any such order map or statement shall become operative on the date on which notice of the confirmation, making or preparation thereof is published as mentioned in those paragraphs respectively. 11 Paragraphs 8 and 10 of this Schedule shall not apply to an order which is confirmed by Act of Parliament under section six of the Statutory Orders (Special Procedure) Act 1945 and shall have effect in relation to any other order which is subject to special parliamentary procedure by virtue of paragraph 2 . . . of this Schedule as if for the reference in the said paragraph 10 to the date therein mentioned there were substituted a reference to the date on which the order becomes operative under the said Act.

Schedule 1A Coastal access reports

Introductory 1 In this Schedule— (a) “coastal access report” means a report submitted under section 51 pursuant to the coastal access duty; (b) references to a fair balance are references to a fair balance between— (i) the interests of the public in having rights of access over land, and (ii) the interests of any person with a relevant interest in the land, (to which section 297(3) of the Marine and Coastal Access Act 2009 (general duties in connection with the coastal access duty) refers). Advertising etc of coastal access reports 2 (1) Natural England must— (a) advertise a coastal access report, and (b) take such steps as are reasonable to give notice of the report to persons within sub-paragraph (2). (2) Those persons are— (a) persons with a relevant interest in affected land; (b) each access authority for an area in which affected land is situated; (c) each local access forum for an area in which affected land is situated; (d) the Historic Buildings and Monuments Commission for England; (e) the Environment Agency; (f) such other persons as may be specified in regulations made by the Secretary of State. (3) The Secretary of State may by regulations make provision about— (a) the form and manner in which reports are to be advertised under sub-paragraph (1)(a); (b) the form and manner in which notices are to be given under sub-paragraph (1)(b); (c) the timing of any advertisement or the giving of any notice. Objections by persons with relevant interest in affected land 3 (1) Any person who has a relevant interest in affected land may make an objection to Natural England about a coastal access report. (2) For the purposes of this Schedule an objection is not an admissible objection unless it— (a) satisfies the conditions in sub-paragraphs (3) and (4), and (b) is made in accordance with any requirements imposed by regulations under sub-paragraph (7)(b). (3) The first condition is that the objection is made on the ground that the proposals in the report, in such respects as are specified in the objection, fail to strike a fair balance as a result of one or more of the following— (a) the position of any part of the proposed route; (b) the inclusion of proposals under subsection (2) of section 55B or the nature of any proposal under that subsection; (c) the inclusion of, or failure to include, an alternative route under section 55C(2) or the position of any such alternative route or any part of such a route; (d) the inclusion of, or failure to include, proposals under one or more of paragraphs (a) to (c) of section 55D(2) or the nature of any proposal made under such a paragraph; (e) the inclusion of, or failure to include, a proposal under section 55D(5) or the terms of any such proposal; (f) the exercise of a discretion conferred by section 301(2) or (3) of the Marine and Coastal Access Act 2009, or failure to exercise a discretion conferred by section 301(3) of that Act, in relation to a river. (4) The second condition is that the objection specifies the reasons why the person making the objection is of the opinion that a fair balance is not struck as a result of the matter or matters within sub-paragraph (3)(a) to (f). (5) An objection under this paragraph may propose modifications of the proposals in the report if the person making the objection considers— (a) that those modifications would remedy, or mitigate the effects of, the failure to strike a fair balance to which the objection relates, and (b) that the proposals as so modified would satisfy the requirements of sub-paragraph (6). (6) Modified proposals satisfy the requirements of this sub-paragraph if what they propose— (a) is practicable, (b) takes account of the matters mentioned in section 297(2), and (where appropriate) section 301(4), of the Marine and Coastal Access Act 2009 (matters to which Natural England and the Secretary of State must have regard when discharging the coastal access duty), and (c) is in accordance with the scheme approved under section 298 of that Act (the scheme in accordance with which Natural England must act when discharging the coastal access duty) or, where that scheme has been revised, the revised scheme. (7) The Secretary of State may by regulations make provision about— (a) the steps to be taken by Natural England to make persons with an interest in affected land aware of their entitlement to make objections under this paragraph; (b) the form and manner in which, and period within which, objections are to be made. Referral of objections to the appointed person 4 (1) Natural England must send to the Secretary of State a copy of any objection received under paragraph 3 about a coastal access report. (2) The Secretary of State must refer any objection received under sub-paragraph (1) to a person appointed by the Secretary of State for the purposes of this Schedule (“the appointed person”). (3) An appointment under sub-paragraph (2)— (a) must be in writing; (b) may relate to any particular objection specified in the appointment or to objections of a description so specified; (c) may provide for a payment or payments to be made to the appointed person. (4) An appointment under sub-paragraph (2) may, by notice in writing given to the appointed person, be revoked at any time by the Secretary of State in respect of any objection if the appointed person has not, before that time, given the Secretary of State a report containing a recommendation under paragraph 11 in relation to the objection. (5) Where the appointment of the appointed person is revoked in respect of any objection, the Secretary of State must appoint another person under sub-paragraph (2) to deal with the objection afresh under this Schedule. (6) Nothing in sub-paragraph (5) requires any person to be given an opportunity to make fresh representations or comments or to modify or withdraw any representations or comments already made. Determination of admissibility of objections 5 Where an objection is referred under paragraph 4(2), the appointed person must— (a) determine whether the objection is an admissible objection, and (b) give notice of that determination, together with the reasons for it, to— (i) the person who made the objection, (ii) the Secretary of State, and (iii) Natural England. Admissible objections 6 (1) Where Natural England is notified under paragraph 5(b) that an objection is an admissible objection, it must send to the Secretary of State its comments on the objection. (2) A notice under paragraph 5(b) that an objection is an admissible objection may require Natural England to include in its comments under sub-paragraph (1)— (a) either— (i) an outline of any relevant alternative modifications of the proposals in the coastal access report, or (ii) if Natural England considers there are no such modifications, a statement to that effect; (b) if an outline is included under paragraph (a)(i), an assessment of the effects of the relevant alternative modifications on the interests of the public in having rights of access over land and the interests of any person with a relevant interest in affected land; (c) either— (i) an outline of any relevant rejected proposals which were considered by Natural England in connection with the preparation of the coastal access report and of its reasons for rejecting them, or (ii) if there are no such proposals, a statement to that effect; (d) information of such other description as the appointed person may specify in the notice under paragraph 5(b), being information which the appointed person considers to be material for the purpose of making a determination under paragraph 10(2). (3) In this paragraph, a reference to relevant alternative modifications of the proposals is to modifications of the proposals which Natural England considers— (a) might reasonably be regarded as relevant for the purpose of determining— (i) whether, in the respects identified in the objection, the proposals in the report strike a fair balance, or (ii) whether any modification of those proposals would produce proposals that strike a fair balance or mitigate the effects of any failure to strike a fair balance, (b) are materially different from any modifications included in the objection under paragraph 3(5), and (c) would, if made, result in proposals which satisfy the requirements of paragraph 3(6)(a) and (c). (4) In this paragraph, a reference to relevant rejected proposals is to proposals which, if to be given effect to, would require modifications to be made of the proposals in the coastal access report which— (a) are materially different from— (i) any modifications included in the objection under paragraph 3(5), and (ii) any relevant alternative modifications outlined in Natural England's comments on the objection, and (b) would be relevant alternative modifications but for a failure to satisfy the requirement of paragraph 3(6)(a). Representations about reports 7 (1) Representations about a coastal access report may be made by any person to Natural England. (2) The Secretary of State may by regulations make provision about— (a) the steps to be taken by Natural England to make persons aware of their entitlement to make representations under this paragraph; (b) the form and manner in which, and period within which, representations are to be made. 8 (1) Natural England must send to the Secretary of State— (a) a copy of any representations made by a person within paragraph 2(2)(b) to (f) about a coastal access report, (b) a summary of any other representations made about the report, and (c) Natural England's comments on representations within paragraph (a) or (b). (2) In this paragraph references to representations are to representations made under paragraph 7 in accordance with any requirements imposed by regulations under paragraph 7(2)(b). Reference of objection to the appointed person 9 (1) This paragraph applies where the Secretary of State is notified under paragraph 5(b) that an objection made about a coastal access report is an admissible objection. (2) The Secretary of State must send to the appointed person the relevant documents in relation to the objection. (3) The relevant documents are— (a) a copy of the coastal access report to which the objection relates, (b) a copy of Natural England's comments on the objection received under paragraph 6, (c) a copy of any representations received under paragraph 8(1)(a) about the coastal access report, so far as those representations appear to the Secretary of State to be relevant to the objection, (d) if there are such representations, a copy of Natural England's comments on them received under paragraph 8(1)(c), (e) if a summary of representations about the coastal access report has been received under paragraph 8(1)(b), a copy of any part of the summary which appears to the Secretary of State to be relevant to the objection, and (f) if there is such a part, a copy of Natural England's comments on the representations to which the part relates received under paragraph 8(1)(c). Consideration of objections by appointed person 10 (1) This paragraph applies where the appointed person— (a) has determined that an objection about a coastal access report is an admissible objection, and (b) has received, under paragraph 9, the relevant documents in relation to the objection. (2) The appointed person must determine whether the proposals set out in the report fail, in the respects specified in the objection, to strike a fair balance as a result of the matter or matters within paragraph 3(3)(a) to (f) specified in the objection. (3) If the appointed person is minded to determine that the proposals fail to strike a fair balance, the appointed person must comply with sub-paragraphs (4) and (5) before making such a determination. (4) The appointed person must publish a notice containing— (a) details of the objection and Natural England's comments on it under paragraph 6, (b) a statement that the appointed person is minded to determine that the proposals fail to strike a fair balance, and (c) an invitation to submit to the appointed person representations about— (i) the objection (including any modifications of the proposals proposed by the objection), (ii) any relevant alternative modifications contained in Natural England's comments on the objection under paragraph 6, and (iii) any observations which the appointed person has made in the notice regarding any such relevant alternative modifications or any modifications proposed by the objection. (5) The appointed person must give a copy of that notice to— (a) Natural England; (b) any person with a relevant interest in— (i) affected land to which the objection relates, or (ii) land which is not affected land but would be such land if any of the modifications referred to in sub-paragraph (4)(c)(i) or (ii) were made to the proposals; (c) any person within paragraph 2(2)(b) to (f). (6) The Secretary of State may by regulations make provision about— (a) the form and manner in which notices are to be published or given under this paragraph, (b) the timing of the publication or giving of notices under this paragraph, and (c) the form and manner in which, and period within which, representations are to be made in response to an invitation in a notice under this paragraph. (7) The appointed person may require the Secretary of State, at the Secretary of State's expense— (a) to discharge the appointed person's duty to publish or give a notice under this paragraph; (b) to receive on behalf of the appointed person any representations made in response to an invitation in a notice under this paragraph and forward such representations to the appointed person. Recommendations of the appointed person 11 (1) Where a determination is made in respect of an objection under paragraph 10(2), the appointed person must give the Secretary of State a report which— (a) sets out that determination, and (b) makes one or more recommendations in accordance with this paragraph. (2) Sub-paragraph (3) applies if the appointed person concludes under paragraph 10(2) that the proposals do not fail, in the respects specified in the objection, to strike a fair balance as a result of any of the matters within paragraph 3(3)(a) to (f) specified in the objection. (3) The appointed person must recommend that the Secretary of State makes a determination to that effect. (4) Sub-paragraphs (5) and (7) apply if the appointed person concludes that the proposals fail, in the respects (or certain of the respects) specified in the objection, to strike a fair balance as a result of one or more of the matters within paragraph 3(3)(a) to (f) specified in the objection. (5) The appointed person must determine whether there are any modifications of the proposals which would meet the coastal access requirements. (6) For the purposes of this paragraph, modifications meet the coastal access requirements if they— (a) remedy the failure to strike a fair balance identified by the objection, and (b) produce proposals which satisfy the requirements of paragraph 3(6). (7) The appointed person must— (a) recommend that the Secretary of State determines that the proposals fail, in one or more of the respects specified in the objection, to strike a fair balance but that there is no modification which would satisfy the coastal access requirements, (b) recommend that, if minded to approve the proposals, the Secretary of State approves the proposals with modifications of a kind described in the recommendation, being modifications which the appointed person considers would meet the coastal access requirements, or (c) recommend that, if minded to approve the proposals, the Secretary of State considers whether modifications of a kind described in the recommendation would meet the coastal access requirements. (8) Where a report contains a recommendation under sub-paragraph (7)(a), the appointed person may include in the report— (a) a recommendation that, if minded to approve the proposals, the Secretary of State should approve the proposals with modifications of a kind described in the recommendation, being modifications which the appointed person considers would mitigate the effects of the failure to strike a fair balance, or (b) a recommendation that, if minded to approve the proposals, the Secretary of State should consider whether modifications of a kind described in the recommendation would mitigate the effects of the failure to strike a fair balance. (9) Sub-paragraph (10) applies where, in a case to which sub-paragraph (4) applies, the appointed person also determines that the proposals do not fail, in the respects (or certain of the respects) specified in the objection, to strike a fair balance by reason of one or more of the matters within paragraph 3(3)(a) to (f) specified in the objection. (10) The appointed person must recommend that the Secretary of State makes a determination to that effect (in addition to any recommendation under sub-paragraph (7) or (8)). (11) A report under this paragraph must also set out the appointed person's reasons for any recommendation contained in the report. Information and documents 12 (1) The appointed person may give Natural England a notice requiring it to provide the appointed person with information or documents— (a) which is or are in the possession of Natural England, and (b) which the appointed person reasonably requires for the purpose of exercising functions under this Schedule. (2) Natural England must send the Secretary of State a copy of any information or document provided by it in response to a notice under sub-paragraph (1). (3) The appointed person may give the Secretary of State a notice requiring the Secretary of State to provide the appointed person with— (a) a copy of any coastal access report specified in the notice which the appointed person reasonably requires for the purpose of exercising functions under this Schedule; (b) any information in the possession of the Secretary of State which the appointed person reasonably so requires. Holding of local inquiries and other hearings by appointed person 13 (1) Where the appointed person considers it necessary or expedient to do so, the appointed person may hold a local inquiry or other hearing in connection with the consideration of an objection under this Schedule. (2) Subject to sub-paragraph (3), the costs of a local inquiry or other hearing held under this paragraph are to be defrayed by the Secretary of State. (3) Subsections (2) to (5) of section 250 of the Local Government Act 1972 (local inquiries: evidence and costs) apply to local inquiries or other hearings held under this Schedule by the appointed person as they apply to inquiries caused to be held under that section by a Minister, but as if— (a) in subsection (2) (evidence) the reference to the person appointed to hold the inquiry were a reference to the appointed person, (b) in subsection (4) (recovery of costs of holding the inquiry)— (i) references to the Minister causing the inquiry to be held were references to the appointed person, and (ii) references to a local authority were references to Natural England, and (c) in subsection (5) (orders as to the costs of the parties) the reference to the Minister causing the inquiry to be held were a reference to the appointed person. Supplementary provision about procedure in connection with objections 14 (1) Subject to the provisions of this Schedule, the Secretary of State may, by regulations, make provision about the consideration of objections by the appointed person. (2) Such regulations may, in particular, include— (a) provision enabling two or more objections, in the circumstances specified in the regulations, to be considered by the appointed person together; (b) provision enabling the appointed person to conduct an inspection of any land; (c) provision about the procedure for the conduct of local inquiries and other hearings. Preliminary consultation 15 (1) The Secretary of State may, by regulations, make provision about the procedure to be followed where, before determining whether or not to approve the proposals in a coastal access report (with or without modifications), the Secretary of State wishes— (a) to identify or investigate possible modifications of the proposals to which it might be appropriate to give further consideration, and (b) to consult persons for the purposes of identifying or investigating such modifications. (2) Regulations under this paragraph may, in particular, apply any provision of this Schedule (with or without modifications). Determinations under section 52 16 (1) Before making a determination under section 52 in respect of a coastal access report, the Secretary of State must consider— (a) any objection about the report which the appointed person has determined is an admissible objection, (b) Natural England's comments under paragraph 6 on any such objections, (c) any report under paragraph 11 in respect of any such objection, (d) any representations made about the coastal access report, or summary of such representations, and any comments on those representations, received under paragraph 8, and (e) any information or document a copy of which is sent to the Secretary of State under paragraph 12(2). (2) The power under section 52 to approve proposals contained in a report submitted under section 51 pursuant to the coastal access duty includes a power to approve those proposals (with or without modifications) so far as they relate to one or more parts of the route only, and reject the remaining proposals. (3) Where a report required to be considered under sub-paragraph (1)(c) contains a statement of a finding of fact, the Secretary of State in making the determination is bound by that finding unless the Secretary of State is satisfied— (a) that the finding involves an assessment of the significance of a matter to any person with a relevant interest in land or to the public, (b) that there was insufficient evidence to make the finding, (c) that the finding was made by reference to irrelevant factors or without regard to relevant factors, or (d) that the finding was otherwise perverse or irrational. (4) The Secretary of State may, by regulations, make provision about the procedure to be followed where the Secretary of State is minded to approve proposals with modifications other than modifications made in accordance with a recommendation under paragraph 11(7)(b) or (c) or (8)(a) or (b). (5) For the purposes of sub-paragraph (4) a modification is to be regarded as made in accordance with a recommendation under paragraph 11(7)(b) or (c) or (8)(a) or (b) if it is not materially different from a modification which could be so made. (6) Regulations under sub-paragraph (4) may, in particular, apply any provision of this Schedule (with or without modifications). (7) Any requirement imposed by virtue of sub-paragraph (4) is in addition to the duty to consult imposed by section 52(1). Notice of determinations under section 52 17 (1) Where the Secretary of State makes a determination under section 52 in respect of a coastal access report, the Secretary of State must, as soon as reasonably practicable, comply with this paragraph. (2) The Secretary of State must— (a) take reasonable steps to give notice of the determination to persons with a relevant interest in affected land, or (b) if the Secretary of State considers it appropriate, publish a notice of the determination in such manner as the Secretary of State considers likely to bring it to the attention of those persons. (3) The Secretary of State (in addition to complying with section 52(2)) must give notice of the determination to— (a) any body of a kind mentioned in section 52(2) in whose Park or area affected land is situated (but which is not required to be notified under section 52(2)), (b) any London borough council for an area in which affected land is situated, (c) any local access forum for an area in which affected land is situated, (d) the Historic Buildings and Monuments Commission for England, and (e) the Environment Agency. (4) Where the Secretary of State was required under paragraph 16(1)(a) to consider an objection when making the determination, a statement of the reasons for the determination (so far as relevant to the objection) must be included in— (a) any notice given or published under sub-paragraph (2), (b) any notification of the determination under section 52(2), and (c) any notice given under sub-paragraph (3). (5) Where the Secretary of State was required under paragraph 16(1)(c) to consider a report and the Secretary of State in making the determination does not follow a recommendation in the report, the statement of reasons required by sub-paragraph (4) must also include the reasons for not following the recommendation. Interpretation 18 In this Schedule— “admissible objection” is to be construed in accordance with paragraph 3(2); “the appointed person” has the meaning given by paragraph 4(2); “coastal access report” has the meaning given by paragraph 1(a); “fair balance” is to be construed in accordance with paragraph 1(b); “relevant alternative modifications” has the meaning given by paragraph 6(3); “the relevant documents”, in relation to an objection, has the meaning given by paragraph 9(3).

SECOND SCHEDULE General Restrictions to be observed by Persons having access to Open Country or Waterways by virtue of Part V of Act

1 Subsection (1) of section sixty of this Act shall not apply to a person who, in or upon the land in question,— (a) drives or rides any vehicle; (b) lights any fire or does any act which is likely to cause a fire; (c) takes, or allows to enter or remain, any dog not under proper control; (d) wilfully kills, takes, molests or disturbs any animal, bird or fish or takes or injures any eggs or nests; (e) bathes in any non-tidal water in contravention of a notice displayed near the water prohibiting bathing, being a notice displayed, and purporting to be displayed, with the approval of the local planning authority; (f) engages in any operations of or connected with hunting, shooting, fishing, snaring, taking or destroying of animals, birds or fish, or brings or has any engine, instrument or apparatus used for hunting, shooting, fishing, snaring, taking or destroying animals, birds or fish; (g) wilfully damages the land or anything thereon or therein; (h) wilfully injures, removes or destroys any plant, shrub, tree or root or any part thereof; (i) obstructs the flow of any drain or watercourse, opens, shuts or otherwise interferes with any sluice-gate or other apparatus, breaks through any hedge, fence or wall, or neglects to shut any gate or to fasten it if any means of so doing is provided; (j) affixes or writes any advertisement, bill, placard or notice; (k) deposits any rubbish or leaves any litter; (l) engages in riotous, disorderly or indecent conduct; (m) wantonly disturbs, annoys or obstructs any person engaged in any lawful occupation; (n) holds any political meeting or delivers any political address; or (o) hinders or obstructs any person interested in the land, or any person acting under his authority, in the exercise of any right or power vested in him. 2 In the application of the foregoing provisions of this Schedule to waterways,— (a) for references to land there shall be substituted references to a waterway; (b) sub-paragraphs (a) and (b) of paragraph 1 of this Schedule shall not apply; and (c) sub-paragraph (f) of the said paragraph 1 shall have effect as if the words from “or brings” to the end of the sub-paragraph were omitted.