Coast Protection Act 1949

SCHEDULES

Sections 2, 8 and 31.

FIRST SCHEDULE U.K. Procedure for making Orders and Provisions as to the validity of Orders

Part I U.K.

General Provisions U.K.

1 E+W Before making an order the Minister shall prepare a draft order and shall cause notice of the intention to make the order and of the place where copies of the draft order may be inspected, and of the time (not being less than twenty-eight days) within which, and the manner in which, objections to the draft order may be made, to be published in the London Gazette and in such other manner as he may think best adapted for informing persons affected, and to be served—

(a) on the council of every county [F1 county borough,] . . . F2 or county district wholly or partly included in the area affected by the order;

(b) [F3 on the National Rivers Authority and on any sea defence commissioners, coast protection board, internal drainage board], harbour authority, fishery board, [F4 inshore fisheries and conservation authority, ] F5 ... conservancy authority or navigation authority known to the Minister to be exercising jurisdiction within that area;

(c) on any local . . . F2 authority known to him to be responsible for the maintenance of any highway in the area; and

(d) on the [F6 British Railways Board or the British Waterways Board], if the area contains any railway, canal or inland navigation vested in [F6 the Board.]

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.

Textual Amendments

F1 Words in Sch. 1 para. 1(a) inserted (1.4.1996) by 1994 c. 19, s. 22(5), Sch. 11 Pt. III para. 5(6); S.I. 1996/396, art. 3, Sch.1

F2 Words repealed by Local Government Act 1972 (c. 70), Sch. 30

F3 Words in Sch. 1 para.1(b) substituted (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 11(8), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

F4 Words in Sch. 1 para. 1(b) inserted (1.4.2011) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 14 para. 5; S.I. 2011/556, art. 2(2)(k)

F5 Words in Sch. 1 para. 1(b) repealed (1.4.2010 for W., 1.4.2011 for E.) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 22 Pt. 4; S.I. 2010/630, art. 3(b) (with arts. 8, 12); S.I. 2011/556, art. 2(2)(o), (with art. 2(3))

F6 Words substituted by virtue of Transport Act 1962 (c. 46), Sch. 2 Pt. I

1 S Before making an order the Minister shall prepare a draft order and shall cause notice of the intention to make the order and of the place where copies of the draft order may be inspected, and of the time (not being less than twenty-eight days) within which, and the manner in which, objections to the draft order may be made, to be published in the London Gazette and in such other manner as he may think best adapted for informing persons affected, and to be served—

(a) on the council of every county [F36 county borough,] . . . F37 or county district wholly or partly included in the area affected by the order;

(b) on any sea defence commissioners, coast protection board, [F38 river authority] or other drainage authority, harbour authority, fishery board, [F4 inshore fisheries and conservation authority, ][F5 local fisheries committee,] conservancy authority or navigation authority known to the Minister to be exercising jurisdiction within that area;

(c) on any local . . . F37 authority known to him to be responsible for the maintenance of any highway in the area; and

(d) on the [F39 British Railways Board or the British Waterways Board], if the area contains any railway, canal or inland navigation vested in [F39 the Board.]

Extent Information

E2 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.

Textual Amendments

F4 Words in Sch. 1 para. 1(b) inserted (1.4.2011) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 14 para. 5; S.I. 2011/556, art. 2(2)(k)

F5 Words in Sch. 1 para. 1(b) repealed (1.4.2010 for W., 1.4.2011 for E.) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 22 Pt. 4; S.I. 2010/630, art. 3(b) (with arts. 8, 12); S.I. 2011/556, art. 2(2)(o), (with art. 2(3))

F36 Words in Sch. 1 para. 1(a) inserted (1.4.1996) by 1994 c. 19, s. 22(5), Sch. 11 Pt. III para. 5(6); S.I. 1996/396, art. 3, Sch.1

F37 Words repealed by Local Government Act 1972 (c. 70), Sch. 30

F38 Words substituted by virtue of Water Resources Act 1963 (c. 38), Sch. 3 para. 4

F39 Words substituted by virtue of Transport Act 1962 (c. 46), Sch. 2 Pt. I

2 U.K. —Before making an order the Minister shall consider any objections which may be duly made to the draft order and may in any case cause a local inquiry to be held with respect to any objections to the draft order.

3 (1) In the case of an order which by virtue of the provisions of this Act is required to be made jointly by the Ministers concerned, references in the foregoing paragraphs to the Minister shall be construed as references to the Ministers concerned. U.K.

(2) Where, in the case of an order not falling within the last foregoing sub-paragraph, objection to the draft order is duly made by a body mentioned in paragraphs (b) to (d) of paragraph 1 of this Schedule, the last foregoing paragraph shall have effect as if it required the objection to be considered, and authorised a local inquiry to be promoted, by the Ministers concerned instead of by the Minister.

4 U.K. In this Part of this Schedule the expression “the area affected by the order”—

(a) in the case of an order providing for the constitution of a coast protection board, means the area for which the board will be the coast protection authority;

(b) in the case of an order varying the constitution of a coast protection board, but not altering the area for which the board is the coast protection authority, means that area;

(c) in the case of an order altering the area of a coast protection board, means that area and any other area proposed by the order to be included in the area of the board; and

(d) in the case of an order repealing or amending any provision of a local Act, means any area in relation to which any power or duty conferred or imposed by that provision is exercisable;

and the expression “the Ministers concerned” has the meaning assigned to it by subsection (8) of section two of this Act and the power of determination conferred on the Treasury by that subsection shall apply accordingly.

Part II U.K.

Certain Orders to be subject to Special Parliamentary Procedure U.K.

5 U.K. After an order has been made, the Minister shall, if an objection has been made under Part I of this Schedule by any body on whom notice is required to be served under that Part and has not been withdrawn, give notice of the making of the order and the effect thereof to every such body who have made such an objection which has not been withdrawn, and in that case the order shall not have effect before the expiration of twenty-eight days from the date of the said notice; and if within that period any such body give notice to the Minister that they object to the order and the objection is not withdrawn, the order shall be subject to special parliamentary procedure.

Part III U.K.

Provisions with respect to the validity of Orders not confirmed by Parliament U.K.

6 U.K. After the making of an order the Minister shall publish in the London Gazette, and in such other manner as he thinks best adapted for informing persons affected, a notice stating that the order has been made, and naming a place where a copy thereof may be seen at all reasonable hours:

Provided that in the case of an order to which Part II of this Schedule applies the said notice shall not be published until the expiration of the period of twenty-eight days referred to in that Part, and the notice shall state whether or not the order is to be subject to special parliamentary procedure.

7 U.K. If any person aggrieved by an order desires to question its validity on the ground that it is not within the powers of this Act or that any requirement of this Act has not been complied with, he may, within six weeks after the date of the first publication of the said notice, make an application for the purpose to the High Court, and if any such application is duly made the court, 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 any requirement of this Act not having been complied with, may quash the order either generally or in so far as it affects the applicant; but except as aforesaid the order shall not at any time be questioned by prohibition or certiorari or in any proceedings whatsoever:

Provided that this paragraph shall not apply to an order which is confirmed by Act of Parliament under section six of the M1 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 Part II of this Schedule as if for the reference to the date of the publication of the notice there were substituted a reference to the date on which the order becomes operative under the said Act.

Marginal Citations

M1 1945 c. 18 (9 & 10 Geo. 6).

Part IV U.K.

Application to Scotland U.K.

8 E+W+S In the application of this Schedule to Scotland—

(a) for references to the High Court there shall be substituted references to the Court of Session;

[F7 (b) for references to the London Gazette and to [F8 a council of]a county or county district there shall be substituted respectively references to the Edinburgh Gazette and toa [F9 council constituted under section 2 of the Local Government etc. (Scotland) Act 1994]]

(c) for sub-paragraph (2) of paragraph 3 there shall be substituted the following sub-paragraph—

“(2) Where, in the case of an order not falling within the last foregoing sub-paragraph, objection to the draft order is duly made by a conservancy authority or a navigation authority or by a harbour authority, other than the authority for a harbour principally used by the fishing industry, [F10 or by the British Railways Board or the British Waterways Board], the last foregoing paragraph shall have effect as if it required the objection to be considered, and authorised a local inquiry to be promoted, by the Minister and the [F11 Secretary of State], instead of by the Minister;” and

(d) for the words “section six of the M2 Statutory Orders (Special Procedure) Act 1945”, there shall be substituted the words “subsection (4) of section two, as read with section ten, of the Statutory Orders (Special Procedure) Act 1945, or under section six of that Act”.

Textual Amendments

F7 Para. 8(b) substituted by Local Government (Scotland) Act 1973 (c. 65), s. 138(2)(g)

F8 Words in Sch. 1, para.8(b) inserted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13, para. 32(6)(a); S.I. 1996/323, art.4(1)(c)

F9 Words in Sch. 1 para. 8(b) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13, para. 32(6)(b); S.I. 1996/323, art.4(1)(c)

F10 Words substituted by virtue of Transport Act 1962 (c. 46), Sch. 2 Pt. I

F11 Words substituted by virtue of S.I. 1970/1681

Marginal Citations

M2 1945 c. 18 (9 & 10 Geo. 6).

SECOND SCHEDULE U.K. Provisions as to Orders restricting Excavation of Materials from the Seashore

Part I U.K.

General Provisions U.K.

1 U.K. Before making an order under section eighteen of this Act, the coast protection authority shall prepare a draft order and shall cause notice of their intention to make the order, and of the place where copies of the draft order may be inspected at all reasonable hours, and of the time within which, and the manner in which, objections to the draft order may be made, to be published, in two successive weeks, in the London Gazette and in one or more local newspapers circulating in the locality.

2 U.K. Where the coast protection authority cause notice to be published under the foregoing paragraph, they shall serve a like notice on [F12 any catchment board, external drainage board, conservancy authority, harbour authority, navigation authority or [F13 river authority] whose area][F12 the National Rivers Authority and on any catchment board, conservancy authority, harbour authority or navigation authority whose area, and on any internal drainage board whose district,] comprises land to which the draft order relates.

Textual Amendments

F12 Sch. 2 para.2 for from “any catchment” to “whose area” there is substituted (E.W.) “the National Rivers Authority and on any catchment board, conservancy authority, harbour authority or navigation authority whose area, and on any internal drainage board whose district,” by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 11(9), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

F13 Words substituted by virtue of Water Resources Act 1963 (c. 38), Sch. 3 para. 4

[F14 3 U.K. In this Schedule the expression “external drainage board” means a drainage board whose area, or any part of whose area, is not comprised in the area of any catchment board and is not for the time being comprised in the area of any [F15 river authority.]]

Textual Amendments

F14 Sch. 2 para.3 repealed (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 pt. I

F15 Words substituted by virtue of Water Resources Act 1963 (c. 38), Sch. 3 para. 4

4 U.K. If no objection is duly made, or if all objections so made are withdrawn, the Minister, on being satisfied that the proper notices have been published, may confirm the order with or without modifications.

5 (1) If an objection duly made is not withdrawn, the Minister shall, before the order is confirmed, either cause a local inquiry to be held or afford to any person by whom objection has been duly made and not withdrawn an opportunity of being heard by a person appointed by him for the purpose. U.K.

(2) Where the objection is made by any such body as is mentioned in paragraph 2 of this Schedule, references in the last foregoing sub-paragraph to the Minister shall be construed—

(a) in the case of an objection made by a catchment board, external drainage board or [F16 river authority], or by the harbour authority for a harbour to which the M3 Fishery Harbours Act, 1915, applies, as references to the Minister and [F17 the Minister of Agriculture, Fisheries and Food] and

(b) in the case of an objection made by any other harbour authority, or by a conservancy authority or navigation authority, as references to the Minister and the [F18 Secretary of State.]

Textual Amendments

F16 Words substituted by virtue of Water Resources Act 1963 (c. 38), Sch. 3 para. 4

F17 Words substituted by virtue of S.I. 1955/554 (1955 I, p. 1200)

F18 Words substituted by virtue of S.I. 1970/1681

Modifications etc. (not altering text)

C1 Sch. 2 para.5 modified by S.I.1985/442, art.4(5)

Marginal Citations

M3 1915 c. 18

6 U.K. If any person by whom an objection has been made avails himself of the opportunity of being heard, the Minister or Ministers concerned shall afford to the coast protection authority, and to any other persons to whom it appears to him or them expedient to afford it, an opportunity of being heard on the same occasion.

7 U.K. If objection is duly made—

(a) by any person on the ground that the order would interfere with the exercise of his functions under any enactment other than this Act, or

(b) by any person having an interest, right or privilege conferred on him by any local or private Act, on the ground that any such interest, right or privilege of his specified in the objection would be affected by the order,

and the objection is not withdrawn, the order shall be subject to special parliamentary procedure.

8 U.K. Subject to the last foregoing paragraph, the Minister may confirm the order with or without modifications as he may think fit having regard to the determination of any objections and to the report of any person appointed to hold an inquiry or to hear objections.

9 U.K. As soon as may be after the order has been confirmed the coast protection authority shall publish in the London Gazette and in one or more local newspapers circulating in the locality a notice stating that the order has been confirmed and naming a place where a copy thereof as confirmed may be inspected at all reasonable hours, and shall serve a like notice on any board or authority on whom a notice was required to be served by paragraph 2 of this Schedule.

10 U.K. If any person aggrieved by the order desires to question its validity on the ground that it is not within the powers of this Act or that any requirement of this Act has not been complied with, he may, within six weeks after the date on which notice of the confirmation of the order is published in accordance with the last foregoing paragraph, make an application for the purpose to the High Court; and if any such application is duly made the court, 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 any requirement of this Act not having been complied with, may quash the order either generally or in so far as it affects any property of the applicant; but except as aforesaid the order shall not at any time be questioned by prohibition or certiorari or in any proceedings whatsoever:

Provided that this paragraph shall not apply to an order which is confirmed by Act of Parliament under section six of the M4 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 7 of this Schedule as if for the reference to the date of the publication of the notice there were substituted a reference to the date on which the order becomes operative under the said Act.

Marginal Citations

M4 1945 c. 18 (9 & 10 Geo. 6).

Part II U.K.

Interim Orders U.K.

11 U.K. Where it appears to a coast protection authority that by reason of emergency it is urgently necessary for the protection of any land that an order should be made applying the provisions of section eighteen of this Act to any portion of the seashore in their area or lying to seaward therefrom, the authority may make an interim order applying those provisions accordingly.

12 U.K. As soon as may be after the making of an interim order under the last foregoing paragraph the authority shall in two successive weeks publish in the London Gazette and in one or more local newspapers circulating in the locality a notice stating that the order has been made, and naming a place where a copy thereof may be inspected at all reasonable hours, and shall serve a like notice on [F19 any catchment board, external drainage board, conservancy authority, harbour authority, navigation authority or [F20 river authority] whose area][F19 the National Rivers Authority and on any catchment board, conservancy authority, harbour authority or navigation authority whose area, and on any internal drainage board whose district,] comprises land to which the interim order relates.

Textual Amendments

F19 Sch. 2 para.12 for from “any catchment” to “whose area” there is substituted (E.W.) “the National Rivers Authority and on any catchment board, conservancy authority, harbour authority or navigation authority whose area, and on any internal drainage board whose district,” by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 11(9), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

F20 Words substituted by virtue of Water Resources Act 1963 (c. 38), Sch. 3 para. 4

13 U.K. Any person who objects to an interim order may serve notice of objection on the Minister and on the authority by whom the order was made; and the Minister, after holding a local inquiry or affording to the objector and the authority and any other persons appearing to him to be concerned an opportunity of being heard by a person appointed by him for the purpose, may, if he thinks fit, revoke the order.

14 U.K. Subject to the last foregoing paragraph an interim order shall remain in force until the expiration of a period of six months after the making thereof and no longer:

Provided that if before the expiration of that period an order under section eighteen of this Act is made and confirmed in accordance with Part I of this Schedule with respect to the portion of the seashore to which the interim order applies, the interim order shall cease to have effect on the coming into operation of that order.

15 U.K. The provisions of paragraph 10 of this Schedule, other than the proviso to that paragraph, shall apply to an interim order as they apply to an order made in accordance with Part I of this Schedule, with the substitution of a reference to the date of the first publication of the notice under paragraph 12 of this Schedule for the reference to the date of publication of the notice of the confirmation of the order.

Part III U.K.

Application to Scotland U.K.

16 U.K. In the application of this Schedule to Scotland—

(a) for references to the High Court and to the London Gazette there shall be substituted respectively references to the Court of Session and to the Edinburgh Gazette;

(b) for sub-paragraph (2) of paragraph 5 there shall be substituted the following sub-paragraph—

“(2) Where the objection is made by a conservancy authority or a navigation authority or by a harbour authority, other than the authority for a harbour principally used by the fishing industry, any reference in the foregoing sub-paragraph to the Minister shall be construed as references to the Minister and the [F21 Secretary of State];” and

(c) for the words “section six of the M5 Statutory Orders (Special Procedure) Act 1945”, there shall be substituted the words “subsection (4) of section two, as read with section ten, of the Statutory Orders (Special Procedure) Act 1945, or under section six of that Act”.

Textual Amendments

F21 Words substituted by virtue of S.I. 1970/1681

Marginal Citations

M5 1945 c. 18 (9 & 10 Geo. 6).

F22 F22 THIRD SCHEDULE U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F22 S. 48, Sch. 3 repealed by Statute Law Revision Act 1953 (c. 5)

FOURTH SCHEDULE U.K. Waters excluded for purposes of definitions of “Sea” and “Seashore”

1 U.K. The River Tweed, above a line drawn from the north end of Spittal Point to the seaward end of the Harbour Breakwater.

2 U.K. The River Aln, above the bridge carrying the road from Alnmouth to Alnmouth railway station.

3 U.K. The River Coquet, above a line drawn from the seaward end of the north breakwater to the seaward end of the south breakwater at Amble.

4 U.K. The River Wansbeck, above the ferry between Cambois and North Seaton.

5 U.K. The River Blyth (Northumberland), above a line drawn from the seaward end of the eastern pier to the seaward end of the western pier at the harbour entrance.

6 U.K. The River Tyne, above a line drawn across the Narrows from Lloyd’s Hailing Station to the Commissioners’ Staiths.

[F23 7 U.K. The River Wear, above a line drawn from the south-eastern corner of the pilot lookout station situated on the old North Pier to the north-western corner of the seaward face of the old South Pier.]

Textual Amendments

F23 Sch. 4 para.7 substituted by S.I. 1983/1503, reg. 2

8 U.K. The River Tees, above a line drawn from the seaward end of the North Gare breakwater to the seaward end of the South Gare breakwater.

[F24 9 E+W+S The River Esk (Yorkshire) above a line drawn from the southern edge of Tate Hill Pier to the southern edge of Scotch Head at Whitby.]

Textual Amendments

F24 Sch. 4 para. 9 substituted (12.12.1997) by 1997/2675, reg.2

10 U.K. The River Humber, above a line drawn from Hawkins Point to the point where the north-western boundary of the Borough of Cleethorpes crosses high water mark of ordinary spring tides.

11 U.K. The Wash, south-west of a line drawn through the point where the northern boundary of the parish of Wainfleet Saint Mary in the County of Lincoln, Parts of Lindsey, crosses high water mark of ordinary spring tides and the north corner of Beach House in the parish of Snettisham in the rural district of Docking.

12 U.K. The River Yare above a line drawn between the seaward ends of the piers at the entrance to the Haven at Great Yarmouth.

13 U.K. Oulton Broad and Lake Lothing, above a line drawn between the seaward end of the old north pier and the seaward end of the south pier at Lowestoft.

14 U.K. The River Blyth (Suffolk), above the seaward end of the northern breakwater and the seaward end of the southern breakwater at the Harbour, Walberswick.

15 U.K. The River Alde, above Slaughden Ferry.

16 U.K. The River Deben, above a line drawn due east from the ferry quay at Felixstowe Ferry.

17 U.K. The Rivers Orwell and Stour, above the ferry between Felixstowe Pier and Harwich Landing Stage.

[F25 17a U.K. The Brightlingsea Creek, above a line drawn between St. Osyth Point and the shoreward end of the ferry landing stage.]

Textual Amendments

F25 Para. 17aadded by S.I. 1958/2146 (1958 I, p. 351)

[F26 18 U.K. The River Colne, above a line drawn between Viaduct Sluice, to the west of Bateman’s Tower, and Mersea Stone.]

Textual Amendments

F26 Para. 18 substituted by S.I. 1958/2146 (1958 I, p. 351)

19 U.K. The River Blackwater, above Longitude 0° 55’ East.

20 U.K. The Rivers Crouch and Roach, above Longitude 0° 47’ East.

[F27 21 U.K. The River Thames, above a line drawn from the westernmost point of Dagnum Saltings in the parish of Allhallows in the County of Kent, to Canvey Point, and thence to the westernmost point of the boundary of the County Borough of Southend, and the whole of the waters of Yantlet Creek.]

Textual Amendments

F27 Para. 21 substituted by S.I. 1965/204

22 U.K. The River Medway, above a line drawn from the fixed green navigation light at the extreme north-west corner of Queenborough Railway Pier to Horseshoe Point, Isle of Grain.

23 U.K. The River Swale, above the Harty Ferry.

24 U.K. The River Stour (Kent), above the confluence of Stonar Cut and Flagstaff Reach.

25 U.K. The River Rother, above a line drawn from the seaward end of the eastern breakwater to the seaward end of the western breakwater.

26 U.K. The River Cuckmere, above the point where it passes through the sea wall between the cliff near the Coastguard Station and Cliff End.

27 U.K. The River Ouse (Sussex), above a line drawn from the seaward end of the western breakwater to the seaward end of the eastern pier at Newhaven Harbour.

28 U.K. The River Adur, above the Old Shoreham Bridge.

29 U.K. The River Arun, above a line drawn from the seaward end of the eastern pier to the seaward end of the western pier at Littlehampton.

[F28 30 U.K. Chichester Harbour, above the Chichester to Southampton railway line.]

Textual Amendments

F28 Sch. 4 para. 30 substituted (4.8.1992) by S.I. 1992/1549, reg.2

[F29 31 U.K. Langstone Harbour, above the Chichester to Southampton railway line.]

Textual Amendments

F29 Sch. 4 para. 31 substituted (4.8.1992) by S.I. 1992/1549, reg.2

[F30 32 U.K. Portsmouth Harbour, above the Chichester to Southampton railway line.]

Textual Amendments

F30 Sch. 4 para. 32 substituted (4.8.1992) by S.I. 1992/1549, reg.2

[F31 33 (a) the Rivers Test and Blackwater above the railway bridge at Totton; U.K.

(b) Bartley Water, above the toll bridge at Eling;

(c) the River Itchen, above the weir at Woodmill;

(d) the River Hamble, above the railway bridge, northeast of Bursledon.]

Textual Amendments

F31 Sch. 4 para. 33 substituted (28.5.1993) by S.I. 1993/1149, regs. 1,2.

34 U.K. The Beaulieu River, above Latitude 50° 47’ 30” North.

[F32 35 U.K. The Lymington River, above the road bridge between Lymington and Portmore.]

Textual Amendments

F32 Sch. 4 para. 35 substituted (28.5.1993) by S.I. 1993/1149, regs. 1,2.

36 U.K. The River Yar (Eastern), above the road bridge on the Toll Road at the west end of Brading Harbour in the Isle of Wight.

37 U.K. The River Medina, above the Medina Road Ferry in the Isle of Wight.

38 U.K. The River Yar (Western), above the road bridge between Yarmouth and Totland in the Isle of Wight.

39 U.K. The River Stour (Hampshire), above a line drawn due west from Grimbury Point.

40 U.K. The River Wey, above a line drawn from the seaward end of the north pier to the seaward end of the south pier at the mouth of the river.

41 U.K. The River Brit, above a line drawn from the seaward end of the west pier to the seaward end of the east pier at the harbour entrance.

42 U.K. The River Axe, above the Axmouth Bridge.

43 U.K. The River Sid, above the Alma Bridge.

44 U.K. The River Otter, above the road bridge south of “The Warren”.

[F33 45 U.K. The River Exe, above latitude 50° 39’ 50” North.]

Textual Amendments

F33 Para. 45 substituted by S.I. 1958/2146 (1958 I, p. 351)

46 U.K. The River Teign, above the road bridge at the west end of “The Salty”.

47 U.K. The River Dart, above a line drawn from the Kingswear Station ferry landing stage to the ferry pier at Dartmouth.

48 U.K. At Salcombe—

(a) Batson Creek, above latitude 50° 14’ 23’’ North;

(b) Kingsbridge Estuary, above latitude 50° 14’ 25’’ North; and

(c) Southpool Creek, above longitude 3° 45’ 17’’ West.

49 U.K. The River Avon (Devon), above the ferry nearest to the sea at Bantham.

50 U.K. The River Erme, above the ford near Efford House.

51 U.K. The River Yealm, above the ferry at Warren Point.

52 U.K. Plymouth Sound. The Hamoaze, above the Cremyll Ferry. The Cattewater, above the ferry between Phoenix Wharf and Mount Batten landing stage.

53 U.K. The River Fowey, above the ferry between Fowey and Polruan.

54 U.K. The River Porthcuel, above a line drawn east from Polvarth Point.

55 U.K. The River Fal, above a line between Pill Point and Turnawdre Point.

56 U.K. Restronguet Creek, above the ferry near Restronguet Point.

57 U.K. The River Penryn, above the easternmost ferry between Falmouth and Flushing.

58 U.K. The River Helford, above the ferry at Helford.

59 U.K. The River Camel, above Longitude 4° 54’ West.

60 U.K. The River Torridge, above the ferry between Appledore and the quay at Instow.

61 U.K. The River Taw, above a line drawn due north from Penhill Point.

62 U.K. The River Parrett, above a line drawn due west from Island Farm Point.

63 U.K. The River Brue, above Longitude 2° 59’ 45” West.

64 U.K. The River Yeo, above a line drawn from the south-eastern end of the Wick Sea Wall to the south-eastern end of the Kingston Seymour Sea Wall.

65 U.K. The River Avon (Bristol), above Latitude 51° 29’ 40” North.

66 U.K. The River Severn, above the railway bridge at Sharpness.

67 U.K. The River Wye, above a line drawn due west from Ewens Rock.

68 U.K. The River Usk, above Latitude 51° 33’ 10” North.

69 U.K. The River Ebbw, above Latitude 51° 33’ 10” North.

70 U.K. The River Taff, above Clarence Bridge.

71 U.K. The River Ely, above the line of the subway at Penarth Dock.

72 U.K. The River Avan, above a line drawn from the seaward end of the North Pier to the seaward end of the breakwater at the south of the river.

73 U.K. The River Neath, above Latitude 51° 38’ North.

74 U.K. The River Tawe, above a line drawn from the seaward end of the west pier to the seaward end of the east pier at the river mouth.

75 U.K. The River Loughor, above the railway bridge, north-west of Loughor Station.

76 U.K. The Gwendraeth Fawr, above the railway bridge between Burry Port and Kidwelly.

77 U.K. The Gwendraeth Fach, above the railway bridge near Kidwelly Station.

78 U.K. The River Towy, above the ferry near Ferryside Station.

79 U.K. The River Taf, above the Ferry at Black Scar Point.

80 U.K. The Daucleddau, above Pembroke Ferry.

81 U.K. The River Gwaun, above the road bridge between Fishguard and Lower Town.

82 U.K. The River Nevern, above the road bridge between Newport and Berry Hill.

83 U.K. The River Teifi, [F34 above the ferry north of St. Dogmells[F34 above Priory Bridge at Cardigan]].

Textual Amendments

F34 Words in Sch. FOURTH para. 83 substituted (W.) (1.8.2003) by Coast Protection (Variation of Excluded Waters) (River Teifi) (Wales) Regulations 2003 (S.I. 2003/1915), art. 1(1)reg. 2

84 U.K. The River Aeron, above the westernmost road bridge at Aberayron.

85 U.K. The River Dovey, above the railway bridge near Dovey Junction.

86 U.K. The River Dwyryd, above the railway bridge south-east of Penrhyndeudraeth Station.

87 U.K. The River Glaslyn, above the road bridge at Portmadoc.

88 U.K. The River Conway, above Talycafn Bridge.

89 U.K. The River Clwyd, above the Foryd Road Bridge, Rhyl.

90 U.K. The River Dee, above a line drawn through the points where the southern boundary of the Borough of Flint and the north-western boundary of the Neston Urban District cross high-water mark of ordinary spring tides.

91 U.K. [F35 The River Mersey, above a line drawn from the south corner of Royal Seaforth Dock to the point where the north side of the Seacombe Ferry Landing Stage meets the Mersey River Wall.]

Textual Amendments

F35 Sch. 4 para.91 substituted by S.I. 1983/1203, reg. 2

92 U.K. The Rivers Ribble and Douglas, above a line drawn due south from the Naze.

93 U.K. The River Wyre, above a line drawn from the Fleetwood ferry pier to the Knott End ferry pier.

94 U.K. The River Lune, above a line drawn due north from the northernmost part of Fishnet Point.

95 U.K. The River Kent, above the railway viaduct at Arnside.

96 U.K. The River Leven, above the railway viaduct between Cark and Ulverston.

97 U.K. The River Duddon, above the railway viaduct between Foxfield Station and Green Road Station.

98 U.K. The River Esk, South, (Cumberland), above the railway bridge north of Eskmeals Station.

99 U.K. The River Mite, above the railway bridge north-west of Ravenglass Station.

100 U.K. The River Irt, above the railway bridge, south-east of Drigg Station.

101 U.K. The River Calder, above the railway bridge south-east of Sellafield Station.

102 U.K. The River Derwent, above a line drawn from the seaward end of the New Pier and the seaward end of the North Jetty at Workington Harbour.

103 U.K. The River Ellen, above a line drawn from the seaward end of the southern pier and the seaward end of the northern pier at Maryport Harbour.

104 U.K. The River Waver, above Latitude 54° 52’ North.

105 U.K. The River Wampool, above the ford at Anthorn.

106 U.K. The Rivers Eden and Esk, above Longitude 3° 5’ West.

107 U.K. The River Clyde, above a line drawn from the seaward or western end of the Princes Pier, Greenock, to the seaward end of Craigendoran Pier.

108 U.K. The River Dee (Aberdeenshire), above a line joining the seaward end of the south breakwater and the seaward end of the north pier at Aberdeen Harbour.

109 U.K. The River Forth, above a line drawn between Hound Point on the south bank and Hopeward Point on the north bank.

110 U.K. The Water of Leith, above a line drawn from the seaward end of the east breakwater to the seaward end of the west breakwater at the entrance to the harbour and docks of Leith.

111 U.K. The River Tay, above a line drawn from the northern end of the east pier at Tayport Harbour to the point where the centre line of Strips of Craigie Road, Dundee, produced in a southerly direction crosses high-water mark of ordinary spring tides.

112 U.K. The waters of any river flowing into the waters specified in the foregoing paragraphs of this Schedule above the limits therein specified.

113 U.K. The Minister may by regulation vary the foregoing provisions of this Schedule either by the inclusion of any waters not for the time being specified therein or by the exclusion of any waters for the time being so specified.