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Wildlife and Countryside Act 1981, Section 49 is up to date with all changes known to be in force on or before 06 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)This section applies to any land in a National Park or in the countryside if—
(a)the public are allowed access to the land; and
(b)there is no power under any of the provisions of the 1949 Act and the 1968 Act for a local authority, a local planning authority [F1, the Countryside Council for Wales.] or the [F2Countryside Agency] to appoint wardens as respects that land.
(2)Subject to subsections (3) and (4) the power conferred on a local authority by section 92(1) of the 1949 Act (appointment of wardens) shall include a power, exercisable only with the agreement of the owner and of the occupier of any land to which this section applies, to appoint persons to act as wardens as respects that land.
(3)The only purpose for which wardens may be appointed by virtue of subsection (2) is to advise and assist the public.
(4)Notwithstanding the provisions of section 41(8) of the 1968 Act ([F2Countryside Agency][F1or the Countryside Council for Wales] to be local authority for purposes of section 92 of the 1949 Act), nothing in this section shall be construed as conferring on the [F2Countryside Agency][F1or the Countryside Council for Wales] any additional power to appoint wardens.
Textual Amendments
F1Words inserted ( 1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 130, Sch. 8 para. 6(6); S.I. 1991/685, art.3.
F2Words in s. 49(1)(b)(4) substituted (20.2.1999) by S.I. 1999/416, art. 3, Sch. 1 para. 9(9)
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