Merchant Shipping Act 1988 (repealed)

36 Amendments of Coast Protection Act 1949 relating to safety of navigation. E+W+S

(1) The M1 Coast Protection Act 1949 shall be amended as follows.

(2) In section 34(1) (restriction of works detrimental to navigation and carried out below high water mark of ordinary spring tides)—

(a) in paragraph (a), for “high water mark of ordinary spring tides” there shall be substituted “ the level of mean high water springs ”;

(b) in paragraph (c), for “low water mark of ordinary spring tides” there shall be substituted “ the level of mean low water springs ”; and

(c) for the words from “so that” onwards there shall be substituted “ if the operation (whether while being carried out or subsequently) causes or is likely to result in obstruction or danger to navigation. ”

(3) The following subsection shall be inserted after section 34(3)—

“(3A) Any reference in subsection (1) or (3) above to an operation being likely to result in obstruction or danger to navigation shall, in the case of an operation falling within subsection (1)(a) above, be construed as including a reference to its being likely to result in obstruction or danger to navigation by reason of any use intended to be made of the works in question when constructed, altered or improved.”

(4) The following subsection shall be inserted after section 34(4)—

“(4A) Any condition subject to which the Secretary of State has given his consent for an operation falling within subsection (1)(a) of this section—

(a) shall (subject to paragraph (d) below) either remain in force for a specified period or remain in force without limit of time;

(b) shall (in addition to binding the person to whom the consent is given) bind, so far as is appropriate, any other person who for the time being owns, occupies, or enjoys any use of, the works in question;

(c) may, if the condition relates—

(i) to the provision of any lights, signals or other aids to navigation, or

(ii) to the stationing of guard ships in the vicinity of the works in question or to the taking of any other measures for the purpose of, or in connection with, controlling the movements of ships in the vicinity of those works,

be varied by the Secretary of State in the interests of the safety of navigation (whether or not the operation has been completed) in such manner as he thinks fit for the purpose of enhancing the effectiveness of any such aids or measures as are mentioned in sub-paragraph (i) or (ii) above; and

(d) may, if the Secretary of State thinks fit, be revoked by him.”

(5) In section 36 (enforcement of section 34)—

(a) after subsection (1) there shall be inserted—

“(1A) Where a person is bound by any condition subject to which any such consent has been given under that section but is not the person to whom the consent was given, then, for the purposes of subsection (1) of this section, he shall not be taken to have failed to comply with the condition unless—

(a) he has been served by the Secretary of State with a notice requiring him to comply with the condition within such period (not being less than thirty days) as may be specified in the notice; and

(b) he has failed to comply with the condition within that period”;

(b) in subsection (2), for “the last foregoing subsection” there shall be substituted “ subsection (1) of this section ”; and

(c) in subsection (4), after “from the person” there shall be inserted “ on whom the notice was served under subsection (2) of this section or (if no such notice was served) from the person ”.

(6) After section 36 insert—

“36A Imposition by Secretary of State of safety requirements in cases of emergency.

(1) Where at any time after the Secretary of State has given his consent for an operation falling within section 34(1)(a) of this Act (“the relevant consent”), it appears to him—

(a) that any danger to navigation has arisen by reason of—

(i) any substantial damage to any works to which that consent relates, or

(ii) any other substantial and unforeseen change in the state or position of any such works, and

(b) that it is urgently necessary to do so in the interests of the safety of navigation,

he may, by notice served on the person to whom the consent was given, impose on that person such requirements as he thinks fit with respect to any of the matters referred to in subsection (2) below.

(2) Those matters are—

(a) the provision on, or in the vicinity of, the works in question of any lights, signals or other aids to navigation, and

(b) the stationing of guard ships in the vicinity of those works.

(3) Where the person on whom a notice is served under subsection (1) above fails to comply with any requirements of the notice within the period of 24 hours beginning with the time when it is served on him or as soon after the end of that period as is reasonably practicable, the Secretary of State may make such arrangements as he thinks fit for the purpose of securing that those requirements are implemented.

(4) Where under subsection (3) above the Secretary of State makes any such arrangements, he shall be entitled to recover the cost, as certified by him, of making those arrangements from such one or more of the following, namely—

(a) the person to whom the relevant consent was given, and

(b) any other person or persons who is or are, in accordance with section 34(4A)(b) of this Act, bound by any condition subject to which that consent was given,

as he thinks fit.

(5) Once the requirements of a notice under subsection (1) above have been complied with by the person on whom it was served, or implemented in accordance with arrangements made by the Secretary of State under subsection (3) above, those requirements shall, subject to subsection (6) below, be treated for the purposes of this Part of this Act as conditions subject to which the relevant consent was given.

(6) Section 34(4A)(a) and (d) of this Act shall not apply to any such requirements; but if it appears to the Secretary of State (whether on the application of any person or otherwise) that the circumstances giving rise to the urgent necessity for the imposition of the requirements no longer exist, he shall revoke them by notice served on the person to whom the relevant consent was given.

(7) Where the Secretary of State has served a notice under subsection (1) above in respect of any particular circumstances, subsection (5) above shall not preclude him from serving a further notice under subsection (1) in respect of those circumstances.

(8) A notice may be served by the Secretary of State under subsection (1) above whether or not—

(a) the operation in question has been completed, or

(b) any condition was imposed by him, on giving the relevant consent, with respect to any of the matters referred to in subsection (2) above.”

(7) In section 49 (interpretation)—

(a) in subsection (1), in the definitions of “sea” and “seashore”, for “the next following subsection” there shall be substituted “ subsections (2) and (2A) of this section ”; and

(b) the following subsection shall be inserted after subsection (2)—

“(2A) For the purposes of Part II of this Act the expression “sea” includes any part of the sea within the seaward limits of the territorial sea of the United Kingdom, and the expression “seashore” shall be construed accordingly.”

Marginal Citations

M1 1949 c. 74.