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National Parks and Access to the Countryside Act 1949

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This is the original version (as it was originally enacted).

114Interpretation

(1)In this Act the following expressions have the meanings hereby assigned to them respectively, that is to say—

  • " Act of 1947 " means the Town and Country Planting Act, 1947;

  • " area of outstanding natural beauty " has the meaning assigned to it by subsection (1) of section eighty-seven of this Act;

  • " drainage authority " has the same meaning as in the Land Drainage Act, 1930;

  • " interest ", in relation to land, includes any estate in land and any right over land, whether the right is exercisable by virtue of the ownership of an interest in land or by virtue of a licence or agreement, and in particular includes sporting rights;

  • " land " includes land covered by water and as respects Scotland includes salmon fishings ;

  • " the Minister " as respects England and Wales means the Minister of Town and Country Planning, and as respects Scotland means the Secretary of State ;

  • " National Park " has the meaning assigned to it by subsection (3) of section five of this Act;

  • " open-air recreation " does not include organized games;

  • " owner ", in relation to any land, means, except in Part III of this Act, a person, other than a mortgagee not in possession, who, whether in his own right or as trustee or agent for any other person, is entitled to receive the rack rent of the land or, where the land is not let at a rack rent, would be so entitled if it were so let, and, in Part III of this Act, as respects England and Wales means any person being either entitled to the fee simple or being a mortgagee in possession of the land and as respects Scotland has the meaning assigned to it by section twenty-six of this Act;

  • " river board " has the same meaning as in the River Boards Act, 1948 ;

  • " vehicle " does not include a vessel, except any vessel adapted for use on land while it is being so used;

  • " waterway " means any lake, river, canal or other waters, being (in any case) waters suitable, or which can reasonably be rendered suitable, for sailing, boating, bathing or fishing;

and, except where the context otherwise requires, other expressions have the same meanings respectively as in the Act of 1947 or, in their application to Scotland, as in the Town and Country Planning (Scotland) Act, 1947.

(2)References in this Act to the preservation of the natural beauty of an area shall be construed as including references to the preservation of the characteristic natural features, flora and fauna thereof.

(3)References in this Act to the planting of trees shall be construed as including references to the planting of bushes, the planting or sowing of flowers and the sowing of grass and the laying of turf.

(4)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.

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