Harbours Act 1964

6 (1) Where application is made to the Minister for a harbour revision order which includes provision authorising the compulsory acquisition of land which includes land which has been acquired by statutory undertakers for the purposes of their undertaking, then if on a representation made to the appropriate Minister before the expiration of the period of forty-two days from the date of the first local advertisement of notice that the application has been so made that Minister is satisfied—

(a) that any of the said land is used for the purposes of the carrying on of their undertaking, or

(b) that an interest in any of the said land is held for those purposes,

the order shall not be so made as to authorise the acquisition of any land as to which that Minister is satisfied as aforesaid except land as to which he is satisfied that its nature and situation are such—

(i) that, without serious detriment to the carrying on of the undertaking, it can be acquired and not replaced, or

(ii) that, if acquired, it can, without such detriment as aforesaid, be replaced by other land belonging to, or available for acquisition by, the undertakers,

and certifies accordingly.

(2) In this paragraph the following expressions have, the meanings hereby assigned to them respectively, that is to say:—

• " statutory undertakers " means any person authorised by an Act (whether public, general or local) or by any order or scheme made under or confirmed by an Act to carry on any such undertaking as follows, that is to say.—

  (a)

  a railway, light railway, tramway or road transport undertaking;

  (b)

  an undertaking the activities whereof consist in—

  (i)

  the maintenance of a canal;

  (ii)

  the conservation or improvement of a river or other inland navigation ;

  (iii)

  the improvement, maintenance or management of a harbour (whether natural or artificial), port, haven or estuary, a dock (whether used by sea-going ships or not) or a wharf, quay, pier, jetty or other place at which ships (whether sea-going or not) can ship or unship goods or embark or disembark passengers; or

  (iv)

  the provision and maintenance of a lighthouse; or

  (c)

  an undertaking for the supply of electricity, gas, hydraulic power or water ;

• " the appropriate Minister "—

  (a)

  in relation to a railway, light railway, tramway, or road transport undertaking or an undertaking the activities whereof consist in—

  (i)

  the maintenance of a canal;

  (ii)

  the conservation or improvement of a river or other inland navigation;

  (iii)

  the improvement, maintenance or management of any (except it be a fishery harbour or marine work) of the following, namely, a harbour (whether natural or artificial), port, haven or estuary, a dock (whether used by sea-going ships or not) and a wharf, quay, pier, jetty or other place at which ships (whether seagoing or not) can ship or unship goods or embark or disembark passengers; or

  (iv)

  the provision and maintenance of a lighthouse; means the Minister;

  (b)

  in relation to an undertaking for the supply of electricity, gas or hydraulic power (other than the undertakings of the boards established by the Electricity (Scotland) Acts 1943 to 1962), means the Minister of Power and, in relation to the undertakings of the said boards, means the Secretary of State ;

  (c)

  in relation to an undertaking for the supply of water in England or Wales, means the Minister of Housing and Local Government and, in relation to any such undertaking in Scotland, means the Secretary of State;

  (d)

  in relation to an undertaking the activities whereof consist in the improvement, maintenance or management of a fishery harbour, means the Minister of Agriculture, Fisheries and Food;

  (e)

  in relation to an undertaking the activities whereof consist in the improvement, maintenance or management of a marine work, means the Secretary of State.