Coast Protection Act 1949

32 Application to the Crown.E+W+S

(1)Subject to the provisions of this section, this Part of this Act shall be binding on the Crown and shall apply in relation to any Crown land as it applies in relation to any other land.

(2)Except with the consent of the appropriate authority, no interest in Crown land shall be acquired by compulsory purchase under this Part of this Act.

(3)Except with the consent of the appropriate authority, nothing in this Part of this Act shall operate so as to require the Crown or that authority to pay any coast protection charge in respect of any land, or authorise any person to enter upon any Crown land.

(4)An order under section eighteen of this Act shall not bind the Crown if the order has effect without being confirmed by the Minister.

(5)In this section the expression “Crown land” means land an interest in which belongs to His Majesty in right of the Crown or of the Duchy of Lancaster, or to the Duchy of Cornwall, or 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; and 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 that land;

(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; and

(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, the Minister in charge of that department;

and, if any question arises as to the authority which is the appropriate authority in relation to any land, the question shall be determined by the Treasury.