Coast Protection Act, 1963
|
Investigation of proposed coast protection works and declaration for promotion of coast protection scheme. |
2.—(1) The council of a county may investigate, where they consider it expedient to do so, any proposals for coast protection works within the county. | |
(2) (a) Where an investigation is made under subsection (1) of this section, the council shall cause a report to be prepared and submitted to them on the location and extent of the relevant encroachment of the sea, the extent of the land and other property being damaged or endangered, the works (if any) which may be practicable and desirable to prevent the continuance of the, encroachment and the estimated cost of the works. | ||
(b) In the case of an encroachment of the sea affecting land in two or more counties, the councils of the counties may make an arrangement under which one of the councils causes a single report in relation to the whole of the encroachment to be made and submitted to each of the councils. | ||
(3) (a) Where a report is submitted under subsection (2) of this section to the council of a county, the council, if satisfied that land within the county is being progressively; damaged by the continuing encroachment of the sea, as distinct from occasional or abnormal storms, and that the encroachment is liable to endanger the safety of a harbour, the buildings or amenities of a residential area or other valuable property, may declare that the promotion of a coast protection scheme is expedient and that the Commissioners should be asked to carry out a preliminary examination. | ||
(b) Where— | ||
(i) the council of a county have considered a report submitted under subsection (2) of this section and have decided not to make a declaration under this subsection, and | ||
(ii) the proposals are for coast protection works wholly within an urban district, | ||
the council shall send the report to the council of the urban district. | ||
(c) Where a report is sent under paragraph (b) of this subsection to the council of an urban district, the council, if satisfied that land within the urban district is being progressively damaged by the continuing encroachment of the sea, as distinct from occasional or abnormal storms, and that the encroachment is liable to endanger the safety of a harbour, the buildings or amenities of a residential area or other valuable property, may, with the consent of the Minister for Local Government and subject to the council of a county having undertaken to make such contribution to the balance referred to in paragraph (b) of section 16 of this Act as that Minister has approved of, declare that the promotion of a coast protection scheme is expedient and that the Commissioners should be asked to carry out a preliminary examination. | ||
(4) If, in the case of encroachment of the sea affecting land in two or more counties, each of the councils of the counties make a declaration under subsection (3) of this section, the councils shall name one council as the authority to promote the coast protection scheme. | ||
(5) It shall be lawful for the council of a county and their officers, agents and servants to enter on any lands at all reasonable times and there do all such things as may appear to them to be necessary or expedient for the purposes of the preparation of a report under subsection (2) of this section. | ||
(6) The consideration of a report and the making of a declaration under this section shall each be a reserved function. |