Maritime Area Planning Act 2021
|
Chapter 9 Privately owned part of maritime area | ||
|
Privately owned part of maritime area, etc. | ||
|
99. (1) In this section, “relevant part” means a part of the maritime area that is treated as privately owned by virtue of subsection (2). | ||
(2) For the purposes of this Act, no part of the maritime area shall be treated at any time as privately owned unless the part is land whose owner is, or is deemed to be, registered under the Registration of Title Act 1964 . | ||
(3) (a) This Part shall not apply to a proposed maritime usage to be undertaken entirely on a relevant part. | ||
(b) Where a proposed maritime usage is to be undertaken entirely on a part of the maritime area that comprises— | ||
(i) a relevant part, and | ||
(ii) another part that is State-owned, | ||
this Act shall apply to the usage to the extent that it is proposed to be undertaken on the part referred to in subparagraph (ii). | ||
(4) Where on the fixing of a judicial rent under the Land Law Acts a sum was added to or included in such rent for any foreshore or an account of any right or facility or alleged right or facility to or for taking material from any foreshore, the order of the sub-commission or court fixing such rent shall not be evidence, as against the State, of the ownership of such foreshore or of the existence of a right to take such material. | ||
(5) Neither the taking, during any period however long, from any foreshore of seaweed deposited or washed up thereon by the action of tides, winds and waves or any of them and not rooted or growing thereon, nor the letting or licensing to other persons, during any period however long, of an alleged right to take such seaweed from any foreshore shall, by itself and without more, constitute possession of or be proof of title to such foreshore. | ||
(6) Where any fee or levy has been paid under this Act that relates to a part of the maritime area that is subsequently shown to have been a relevant part at the time of such payment and which would not have been required to be paid by virtue of that fact, the MARA or the CPA concerned, as appropriate, to whom that fee was paid shall refund the fee or levy to the person who paid it but only to the extent that the fee or levy related to that part. | ||
(7) Nothing in this section shall be construed to prejudice the application of the Act of 2000 to a proposed maritime usage. | ||
(8) In this section, “the Land Law Acts ” means the Land Law Acts as defined by the Land Law (Commission) Act 1923 , together with any subsequent Act which provides that it is construed as one with the Land Law Acts. |