Coast Protection Act 1949

49 Interpretation. U.K.

(1) In this Act, except where the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say:—

• “catchment board” and “drainage authority” have the same meanings as in the M1 Land Drainage Act 1930;

• “coast protection authority” has the meaning assigned to it by section one of this Act;

• “coast protection charge” has the meaning assigned to it by section six of this Act;

• “coast protection work” means any work of construction, alteration, improvement, repair, maintenance, demolition or removal for the purpose of the protection of any land, and includes the sowing or planting of vegetation for the said purpose;

• “conservancy authority” and “harbour authority” have the same meanings as in the M2 Merchant Shipping Act 1894;

• “constituent authority,” in relation to a coast protection board, means a body or person represented on the board by virtue of an order made under section two of this Act;

• “fishery board” means any such fishery board as is referred to in section forty-four of the M3 Salmon and Freshwater Fisheries Act 1923, and includes the Tweed Commissioners;

• “functions” includes powers and duties;

• “land” includes land covered by water;

• “local Act” includes a provisional order confirmed by Parliament and also includes any enactment in a public general Act, being an enactment which amends a local Act;

• “local fisheries committee” means a committee constituted under the [F1 M4 Sea Fisheries Regulation Act 1966];

• “local highway authority” means a highway authority other than the [F2 Secretary of State];

• “maritime . . . F3 district” means a . . . F3 district any part of which adjoins the sea;

• “materials” includes minerals and turf, but does not include seaweed;

• “minerals” includes coal and stone and any metallic or other mineral substance;

• “Minister” means the [F4 Secretary of State];

• “mortgage” includes any charge or lien for securing money or money’s worth, and “mortgagee” shall be construed accordingly;

• [F5 “nautical miles”means international nautical miles of 1,852 metres;]

• “navigation authority” means any person or body of persons having powers under any enactment or statutory order to work or maintain a canal or other inland navigation, including a navigation in tidal water;

• “owner” in relation to any land means the person for the time being receiving the rackrent thereof, whether on his own account or as agent or trustee for any other person, or who would so receive that rent if the land were let at a rackrent;

• “protection” means protection against erosion or encroachment by the sea;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

• subject to the provisions of [F7 the next following subsection][F7 subsections (2) and (2A) of this section]“sea” includes the waters of any channel, creek, bay or estuary and of any river so far up that river as the tide flows;

• “sea defence commissioners” means a body established by or under a local Act wholly or mainly for the purpose of carrying out coast protection work;

• subject to the provisions of [F7 the next following subsection][F7 subsections (2) and (2A) of this section]“seashore” means the bed and shore of the sea, and of every channel, creek, bay or estuary, and of every river as far up that river as the tide flows, and any cliff, bank, barrier, dune, beach, flat or other land adjacent to the shore;

• “surface,” in relation to land covered by water, means the surface of the land;

• “Tweed Commissioners” means the Commissioners appointed under the M5 Tweed Fisheries Act 1857;

• “works scheme” has the meaning assigned to it by section six of this Act.

(2) For the purposes of Part I of this Act the expression “sea” shall not include any of the waters specified in the Fourth Schedule to this Act and the expression “seashore” shall not include the bed or shore of any of those waters.

[F8 (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.]

(3) References in this Act to any enactment shall be construed as references to that enactment as amended by or under any subsequent enactment including this Act.

(4) In the application of this section to Scotland, for the definitions of the expressions “fishery board”, . . . F9 , “Minister” and “owner” there shall be substituted respectively the following definitions:—

“’fishery board’ means the district board for a fishery district within the meaning of the Salmon Fisheries (Scotland) Act 1862, and includes the Tweed Commissioners”;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

“’Minister’ means the Secretary of State”; and “ ’owner’ includes in relation to any land any person who under the Lands Clauses Acts would be enabled to sell and convey the land to the promoters of an undertaking ”;

and after the definition of the expression “functions” there shall be inserted the following definition:— “ ’heritable security’ has the same meaning as in the Conveyancing (Scotland) Act 1924, and includes a security constituted by ex facie absolute disposition, but does not include a security by way of ground annual or a real burden ad factum praestandum ”

[F11 and the following definitions shall be inserted in the alphabetically appropriate place—

• “local roads authority” has the meaning given to it by section 151(1) of the Roads (Scotland) Act 1984;

• “road”has the meaning given to it by section 151(1) of the Roads (Scotland) Act 1984;]

Textual Amendments

F1 Words substituted by virtue of Interpretation Act 1889 (c. 63), s. 38(1)

F2 Words substituted by virtue of S.I. 1970/1681

F3 Words repealed by Local Government Act 1972 (c. 70), Sch. 30

F4 Words substituted by virtue of S.I. 1951/142, 1900 (1951 I, pp. 1348, 1347), (W.) 1965/319 and (E.) 1970/1681

F5 S. 49(1) definition of “nautical miles” inserted by Territorial Sea Act 1987 (c. 49, SIF 29:1), s. 3(1), Sch. 1 para. 1(2)

F6 Definition of “river board” repealed by Water Resources Act 1963 (c. 38), Sch. 14 Pt. I

F7 S. 49(1) in the definitions of “sea” and “seashore” for “the next following subsection” there is substituted (E.W.S.) “subsections (2) and (2A) of this section” by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 36(7)(a), Sch. 8 para. 1

F8 S. 49(2A) inserted (E.W.S.) by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 36(7)(b), Sch. 8 para. 1

F9 Words repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F10 Definition of “maritime burgh or county” repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F11 S. 49(4) definitions inserted (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 38(5)

Marginal Citations

M1 1930 c. 44.

M2 1894 c. 60.

M3 1923 c. 16.

M4 1966 c. 38.

M5 1857 c. cxlviii.