Rapport technique annuel du projet TIDC Masisi Walikale au Comité Consultatif Technique (CCT): janvier au décembre 2009

The functions of the National Parks Commission shall be enlarged in accordance with this Act and in future their name shall be the " Countryside Commission ".

The functions conferred by this Act on the said Commission (in this Act referred to as " the Commission ") are to be exercised for the conservation and enhancement of the natural beauty and amenity of the countryside, and encouraging the provision and improvement, for persons resorting to the countryside, of facilities for the enjoyment of the countryside and of open-air recreation in the countryside.

The Commission shall have power—

In section 2(3) of the Act of 1949 (power to pay remuneration to Commission's chairman and deputy chairman) for the words " the chairman and deputy chairman" there shall be substituted the words " any of the members ".

In sections 1 and 2(1) of the Act of 1949 for the words " National Parks Commission " there shall be substituted the words " Countryside Commission ", and in section 4(1) of the Act of 1949 (Commission's annual report) the reference to the Commission's functions under the Act of 1949 shall include a reference to their functions under this Act.

In Part III of Schedule 1 to the House of Commons Disqualification Act 1957 (which specifies offices the holders of which are disqualified under that Act) as it applies to the House of Commons of the Parliament of the United Kingdom, there shall be inserted at the appropriate point in alphabetical order the entry " Any member of the Countryside Commission in receipt of remuneration ".

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The NRBW shall keep under review all matters relating to— and shall consult with such local planning authorities and other bodies as appear to the NRBW to have an interest in those matters.

The NRBW shall encourage, assist, concert or promote the implementation of any proposals with respect to those matters made by any person or body, being proposals which the NRBW consider to be suitable.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Where it appears to the NRBW that the provision and improvement of facilities for enjoyment of the countryside or the conservation and enhancement of the natural beauty and amenity of the countryside presents special problems or requires special professional or technical skill, the NRBW —

The NRBW shall make to local planning authorities and other public bodies, as respects the exercise of the powers of making byelaws conferred by this Act , the Act of 1949 and Part I of the Countryside and Rights of Way Act 2000, recommendations as to the matters in respect of which byelaws should be made.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The NRBW shall provide, or assist in the provision of, publicity and information services relating to the countryside, to places of beauty or interest therein, or to the functions of the NRBW, and shall take such steps as appear to them expedient for securing that suitable methods of publicity are used for the prevention of damage in the countryside and for [informing persons resorting to the countryside of their rights and obligations].

The ... NRBW shall make to the Minister such recommendations as the ... NRBW think proper in respect of applications by local authorities for grants under section 16 of the Welsh Development Agency Act 1975 .

The Commission shall, after consultation with the Secretary of State, appoint a Committee for Wales.

The membership of the Committee for Wales shall consist partly of persons who are members of the Commission, one of whom shall be the chairman of the Committee, and partly of persons, not exceeding four in number, who are not members of the Commission.

The Commission may, after consulting the Secretary of State and subject to such conditions as they think appropriate, delegate any of their functions in Wales or Monmouthshire to the Committee for Wales, including (for Wales and Monmouthshire) their advisory functions under section 2 of this Act, and their duty of making recommendations under that section in respect of local authorities' applications for Exchequer grants.

So much of section 2(3) of the Act of 1949 as authorises the payment of allowances in respect of the matters listed in paragraphs (a), (b) and (c) of that subsection shall apply as if all the members of the Committee for Wales were members of the Commission.

The Commission, after consultation with such local authorities and other bodies as appear to the Commission to have an interest, may from time to time prepare and submit to the Minister for his approval proposals with respect to any area for an experimental project or scheme designed to facilitate the enjoyment of the countryside, or to conserve or enhance its natural beauty or amenity, which— and the Minister may approve in whole or in part or with modifications any proposals so submitted to him, or may refuse to approve them.

The Commission shall concert, promote, or undertake either by themselves or in conjunction with any other authority or person, measures to implement any proposals so approved.

For the purpose of their functions under the foregoing provisions of this section the Commission may—

The disposal of land under this section may be by way of sale or exchange, or by the letting of land or the granting of any interest in or right over land, but the Commission shall not under this section dispose of land by way of gift.

The powers conferred by paragraphs (c) to (f) of subsection (3) above may be exercised by the Commission— and an agreement under paragraph (b) above may provide for the making by the Commission of payments in consideration of the making of the agreement and payments by way of contribution towards expenditure incurred by the persons making the agreement in consequence thereof.

The provisions of this section, except for that authorising compulsory purchase of land, shall have effect only for the purpose of removing any limitation imposed by law on the capacity of the Commission, and shall not authorise any act or omission on the part of the Commission which, apart from the said provisions of this section, would be actionable at the suit of any person on any ground other than such a limitation.

In accordance with arrangements approved by the Minister and the Treasury, the Commission shall have power to give financial assistance by way of grant or loan, or partly in the one way and partly in the other, to any person, other than a public body, carrying on or proposing to carry on any project approved by the Minister for the purposes of this section which in the opinion of the Commission is conducive to the attainment of any of the purposes of this Act or the Act of 1949.

Financial assistance by way of grant under this section shall not exceed seventy-five per cent, of the expenditure in respect of which the grant is made.

Before applying for the approval of the Minister under this section to any project the Commission shall satisfy themselves that in all the circumstances it is preferable that the project should be carried out by a person other than a public body.

On making a grant or loan under this section the Commission may impose such conditions as they think fit, including (in the case of a grant) conditions for repayment in specified circumstances.

In this section " public body" does not include the National Trust.

The powers conferred by this and the three next following sections shall be exercisable for the purpose of providing, or improving, opportunities for the enjoyment of the countryside by the public, and a local authority in exercising those powers in any area in the countryside shall have regard—

In this and the three next following sections “local authority” means—

A local authority may exercise the powers conferred by the three next following sections inside or outside their area, . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Before a county council or National Park joint planning board give any consent so required they shall consult the council of any county district within, or partly within, their area which will comprise all or any part of the land.

A local authority may apply to the Minister on the grounds that a county council or National Park joint planning board have unreasonably withheld any consent so required, and the Minister, after affording to the county council, or the board, an opportunity of making representations, may if he thinks fit direct the county council, or the board, to give the consent to which the application relates. The county council or board shall comply with any direction given by the Minister under this subsection.

Section 29 of the Town and Country Planning Act 1959 (protection of persons deriving title under transactions requiring the consent of a Minister) shall apply as if any reference in that section to the consent of a Minister included a reference to a consent of a local authority required under this section.

Subject to section 6 above, a local authority shall have power, on any site in the countryside appearing to them suitable or adaptable for the purpose set out in section 6(1) above, to provide a country park, that is to say a park or pleasure ground to be used for that purpose.

A local authority shall have power to extend, maintain and manage the country park and to do all other things appearing to them desirable for the said purpose in connection with the provision of a country park and in particular— Provided that a local authority shall not under this section provide accommodation, meals or refreshments except in so far as it appears to them that the facilities therefor within the country park are inadequate or unsatisfactory, either generally or as respects any description of accommodation, meals or refreshments, as the case may be.

The powers conferred by the foregoing provisions of this section and by the next following section may be exercised by the local authority— and an agreement under paragraph (b) above may provide for the making by the local authority of payments in consideration of the making of the agreement and payments by way of contribution towards expenditure incurred by the persons making the agreement in consequence thereof.

A local authority shall have power to acquire compulsorily any land required by them for the purpose of their functions under this and the next following section.

It if appears to a local authority that a park or pleasure ground provided or acquired by the local authority before the coming into force of this section, or otherwise than under or for the purposes of this section, can suitably be used as a country park, that park or pleasure ground shall, from such date as the local authority may determine, be treated for all the purposes of this Act as a country park provided under this section, but—

If it appears to a local authority that land provided or acquired by them before the coming into force of this section, as open country to be used for the purposes of Part V of the Act of 1949, can suitably be used as a country park, that land, or any part of it, shall, from such date as the local authority may determine, be treated for all the purposes of this Act as a country park provided under this section; and, if the land was acquired under section 76 of the Act of 1949 (compulsory acquisition for public access), the land so treated shall cease to be subject to that section, but—

A country park provided under this section shall not be subject to any of the following enactments (which relate to parks and pleasure grounds): Section 164 of the Public Health Act 1875. Section 44 of the Public Health Acts Amendment Act 1890. Sections 76 and 77 of the Public Health Acts Amendment Act 1907. Section 56(5) of the Public Health Act 1925. Section 145 of the Local Government Act 1972.

Without prejudice to the generality of section 7(2) of this Act, where a country park comprises any waterway the kinds of open-air recreation for which the local authority may provide facilities and services under that subsection shall include sailing, boating, bathing and fishing.

If a country park is bounded by the sea, or by any waterway which is not part of the sea, the local authority providing the country park shall have power to carry out such work and do such other things as may appear to them necessary or expedient for facilitating the use of the waters so adjoining the country park by the public for sailing, boating, bathing and fishing and other forms of recreation.

The powers conferred by subsections (1) and (2) above include power to erect buildings or carry out works on land adjoining the sea or other waters but outside the country park, and to construct jetties or other works wholly or partly in the sea or other waters.

The local authority, before acting under the foregoing provisions of this section, shall consult with, and seek the consent of, the National Rivers Authority (if the country park is in England), the NRBW (if the country park is in Wales), and in either case, such authorities, being authorities which under any enactment have functions relating to the sea or other waters in question, as the Minister may either generally or in any particular case direct, and Schedule 1 to this Act shall have effect where any authority so consulted withhold their consent.

A local authority may make byelaws regulating the use of works carried out by them pursuant to this section and of any facilities or services provided in connection with the works, but before making any such byelaws the local authority shall consult Natural England (if the works are in England) or the NRBW (if the works are in Wales): Provided that byelaws made under this subsection shall not interfere with the exercise of any functions relating to the waters or land to which the byelaws apply which are exercisable by any authority under any enactment.

Nothing in this section shall authorise the carrying out of any operation in contravention of section 34 of the Coast Protection Act 1949 (works detrimental to navigation) or section 9 of the Harbours Act 1964 (control of harbour development).

This section has effect as respects any common land to which the public have rights of access, and the powers conferred by this section are to be exercised in the interests of persons resorting to the common land for open-air recreation.

Subject to the provisions of section 6 above, a local authority may exercise the powers conferred by this section on land taken out of the common land in accordance with this section and Schedule 2 to this Act, or on other land in the neighbourhood of the common land.

A local authority shall have power to do anything appearing to the local authority to be desirable for the purpose set out in section 6(1) above, and in the interests of persons resorting to the common land, and in particular— Provided that a local authority shall not under this section provide accommodation, meals or refreshments except in so far as it appears to them that the facilities therefor in the neighbourhood of the common land are inadequate or unsatisfactory, either generally or as respects any description of accommodation, meals or refreshments, as the case may be.

Schedule 2 to this Act shall have effect for the purposes of this section, and in that Schedule “the principal section” means this section.

A local authority shall have power to acquire compulsorily any land in the neighbourhood of the common land which is required by them for the purposes of their functions under this section and which is not common land.

In this section—

A local planning authority and the council of a county district shall have power to provide in the countryside within their area camping sites for holiday and recreational purposes, to be used primarily as places for setting up tents, with space for parking vehicles and a means of access to and from a road.

A local planning authority and the council of a county district shall have power to provide in the countryside within their area picnic sites for motorists and others using the roads, with space for parking vehicles and a means of access to and from a road.

Subject to the provisions of this section, the local authority shall have power to do anything appearing to them desirable in connection with the provision of a site under subsection (1) or subsection (2) above, and in particular to manage a site or to lease it to some other person, and to provide for the use of those occupying the site any services or facilities for their health or convenience.

A local authority shall have power to acquire compulsorily any land required by them for the purposes of their functions under this section.

A local planning authority whose area consists of or includes the whole or any part of a National Park may, ..., make arrangements for securing the provision forthe area of the local planning authority (whether by the authority or by other persons) of study centres and other facilities for learning about the history, natural features, flora and fauna of the National Park and the objects of architectural, archaeological or historical interest therein; and section 12 of the Act of 1949 (provision of facilities in National Parks) shall have effect as if the functions of local planning authorities under this subsection were functions conferred by subsection (1) of that section.

The functions conferred by subsection (1) of the said section 12 of the Act of 1949 shall include the making of arrangements for securing the provision in their area (whether by the authority or by other persons)—

A local planning authority whose area consists of or includes any part of a National Park which is bounded by the sea, or by any waterway which is not part of the sea, may, on land which is in or in the neighbourhood of the National Park, carry out such work and do such other things as may appear to them necessary or expedient for facilitating the use of the waters so adjoining the National Park by the public for sailing, boating, bathing and fishing and other forms of recreation: Provided that a local planning authority shall not under this subsection provide facilities of any description except in cases where it appears to them that the facilities of that description are inadequate or unsatisfactory.

The works which a local planning authority may carry out under subsection (3) above include the construction of jetties and other works wholly or partly in the sea or in other waters.

A local planning authority may make byelaws regulating the use of works carried out by them under subsection (3) above in the waters bounding a National Park and of any facilities or services provided in connection with the works, but before making any such byelaws the local planning authority shall consult Natural England (if the National Park is in England) or the NRBW (if the National Park is in Wales): Provided that byelaws made under this subsection shall not interfere with the exercise of any functions relating to the waters or land to which the byelaws apply which are exercisable by any authority under any enactment.

The Act of 1949 shall have effect as if subsections (3) and (4) above formed part of section 13(1) of that Act, and section 75 of that Act (which relates to the exercise of powers under the said section 13 as respects land comprised in access orders) shall have effect accordingly, and . . .

Subsections (2), (3) and (4) of section 13 of the Act of 1949 (carrying out of work on behalf of local planning authority by some other authority) shall apply to any part of the sea bounding a National Park as they apply to a waterway.

Nothing in the said section 13 as extended by this section shall authorise the carrying out of any operation in contravention of section 34 of the Coast Protection Act 1949 or section 9 of the Harbours Act 1964.

A local planning authority whose area consists of or includes the whole or any part of a National Park shall have power to make byelaws for the prohibition or restriction of traffic of any description on any lake in the National Park.

The power shall be exercisable for the purpose of—

Without prejudice to the generality of the foregoing provisions of this section, byelaws under this section may—

In acting under this section the local planning authority shall have regard to the fulfilment of the objects set out as respects National Parks in section 5 of the Act of 1949, and, before making any byelaws, shall consult Natural England (if the National Park is in England) or the NRBW (if the National Park is in Wales).

Byelaws under this section shall not be made so as to extinguish any public right of way over any waters, but, except as otherwise expressly provided, any byelaws under this section shall apply to persons exercising any such public right of way as they apply to other persons.

Byelaws under this section—

This section shall not apply to any lake owned or managed by any statutory undertakers.

In the case of byelaws made by a local planning authority in England, section 106 of the Act of 1949 (supplementary provisions as to byelaws) shall have effect as if byelaws under this section were byelaws under that Act.

Subsections (1) and (2), and subject to the next following subsection, subsection (4), of section 92 of the Act of 1949 (appointment of wardens of land for which byelaws may be made under section 90 of that Act) shall have effect as if the power of making byelaws conferred by this section was contained in the said section 90.

In the case of byelaws made by a local planning authority in Wales –

For the purpose of securing compliance with any byelaws made under this section, a warden appointed under the said section 92 as applied by this section may enter upon any land, or go on any water, whether or not within the area where the byelaws are in force.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Byelaws made by a local planning authority under this section may be enforced by any local authority for an area that includes any part of the National Park in question

In this section “lake” includes any expanse of water other than a river or canal.

The Minister may, if satisfied that it is expedient, by order apply this section to any land in a National Park appearing to him to be predominantly moor or heath.

The occupier of any land to which this section for the time being applies, and which is moor or heath which has not been agricultural land at any time within the preceding twenty years, shall not, by ploughing or otherwise, convert any of the land into agricultural land unless he has given six months written notice of his intention to the local planning authority.

If, without the consent in writing of the local planning authority, any person fails to comply with subsection (2) above, whether by failing to give a notice, or by taking some action within the six months, he shall be guilty of an offence.

A person guilty of an offence under this section shall be liable—

An order made under subsection (1) above—

In this section " agricultural land " does not include land which affords rough grazing for livestock but is not otherwise used as agricultural land.

In considering for the purposes of subsection (2) above whether land has been agricultural land within the preceding twenty years, no account shall be taken of any conversion of the land into agricultural land which was unlawful under the provisions of this section.

This section has effect as respects land . . . which is or forms part of an area which in the opinion of the NRBW or Scottish Natural Heritage is of special interest by reason of its flora, fauna, or geological or physiographical features.

Where, for the purpose of conserving those flora, fauna or geological or physiographical features, it appears to the NRBW or (as the case may be) Scottish Natural Heritage expedient . . . to do so, the NRBWor (as the case may be) Scottish Natural Heritage may enter into an agreement with the owners, lessees and occupiers of any such land (or of any adjacent other land) which imposes restrictions on the exercise of rights over land by the persons who can be bound by the agreement.

Any such agreement—

Where section 79 of the Law of Property Act 1925 (burden of covenant running with the land) applies to any such restrictions as are mentioned in subsection (2) of this section, the NRBW shall have the like rights as respects the enforcement of the restrictions as if the NRBW had at all material times been the absolute owner in possession of ascertained land adjacent to the land in respect of which the restriction is sought to be enforced, and capable of being benefited by the restriction, and the restriction had been expressed to be for the benefit of that adjacent land.

Schedule 2 to the Forestry Act 1967 (powers of tenants for life and other limited owners to enter into forestry dedication covenants or agreements) shall apply to any agreement made in pursuance of this section as it applies to such a covenant or agreement.

This section shall apply to Scotland subject to the following modifications—

The Act of 1949 shall have effect as if this section were included in Part III of that Act.

The definition of “open country” in section 59(2) of the Act of 1949 shall include, if in the countryside, any woodlands.

Subject to subsection (6) below, the said definition shall include, if in the countryside—

The strip of adjacent land comprised in any access order shall be wide enough to allow passage on foot along the water and wide enough to allow the public to picnic at convenient places and, where practicable, to embark or disembark, and shall include—

Local planning authorities shall exercise their powers under Part V of the Act of 1949 over any such strip of land with special regard to the interests of persons using small boats who must circumvent obstacles or obstructions on the water by passing round on foot with their boats, and in the interests of persons who wish to obtain access from a highway to convenient launching places for small boats.

In section 60 of the Act of 1949 (rights of public over land subject to an access agreement or order, other than excepted land) subsection (5)(a) (certain agricultural land to be excepted land) shall not apply to any land within subsection (2)(c) above.

Subsections (2) and (3) above shall not apply as respects, or as respects land held with,—

The local planning authority, before making an access agreement or an access order under Part V of the Act of 1949 in respect of land outside a National Park which comprises all or any part of, or of land adjacent to, any river (including any expanse of water through which a river, or some part of the flow of a river runs) or any canal, shall consult with and seek the consent of the Environment Agency if the land is in England, of the NRBW if the land is in Wales, and in either case of such authorities, being authorities which under any enactment have functions relating to the river or canal in question, as the Minister may either generally or in any particular case direct.

Subsection (7) above shall apply with the necessary modifications in relation to an access order to be made by the Minister as it applies in relation to an access order to be made by a local planning authority.

In this section “river” includes a stream and the tidal part of a river or stream.

The provisions of this section shall not be construed as restricting in any way the definition of “open country” in the said section 59(2) as originally enacted.

This and the four next following sections shall be construed as one with Part V of the Act of 1949.

Natural England or the NRBW may, in the circumstances set out in subsection (2), acquire compulsorily all or part of the land which it appears to that body expedient to acquire for the purpose of conserving flora, fauna, or geological or physiographical features of special interest.

The circumstances are—

A dispute about whether or not there has been a breach of the agreement for the purposes of subsection (2)(b) shall be determined by an arbitrator appointed by the Lord Chancellor.

Where Natural England or the NRBW have acquired land compulsorily under this section, they may—

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

In this section “SSSI agreement” means—

This section applies to land comprised in an access order under Part V of the Act of 1949 (access to open country) confirmed or made by the Minister after the coming into force of this section.

In section 60 of the Act of 1949 (rights of public over land subject to an access order, other than excepted land) subsection (5)(a) (certain agricultural land to be excepted land) shall not at any time apply to land to which this section applies unless—

Where as respects land to which this section applies, not being land to which the said section 60(5)(a) applied on the relevant date, it is represented to the Minister, and the Minister is satisfied— then, subject to the provisions of this section, the Minister shall give a direction under this section as respects the land.

Before coming to a conclusion on any representation under this section the Minister— and shall consider the report of the person by whom the inquiry was held or the person appointed as aforesaid, as the case may be.

In determining whether the conditions specified in paragraphs (a), (b) and (c) of subsection (3) above are fulfilled the Minister shall have regard to any restrictions on the rights of the public imposed by the access order by virtue of section 60(3) of the Act of 1949 ; and the Minister may, if he thinks fit, instead of giving a direction under subsection (3) above, by order vary the access order so as to impose as respects the land any such restrictions or further restrictions authorised by the said section 60(3) as appear to him appropriate.

All land within paragraph (a) of subsection (2) above shall be defined in the prescribed manner in the map to be contained, in pursuance of section 65(3) of the Act of 1949, in the access order, and in the map to be kept under section 78 of the Act of 1949, and those maps shall from time to time be altered so as to take account of any direction given by the Minister under this section and so as to correct any errors or omissions made in defining that land.

In subsection (2) above " the relevant date " means—

Section 79 of the Act of 1949 (exclusion of woodlands from access orders and access agreements) shall be amended in accordance with this section.

It shall be one of the conditions in paragraph (a), and one of the conditions in paragraph (b), of section 79(1) of the Act of 1949 (conditions to be satisfied where woodland is to be excluded from an excess order) that the prejudicial effect there mentioned (that is to say the prejudicial effect of the application of the provisions of section 60 of the Act of 1949 to the land) outweighs the benefit arising from the facilities for access to open country conferred on the public by the said section 60, and references to the said conditions in subsections (2), (3) and (5) of the said section 79 shall be construed accordingly.

Before exercising any of his functions under the said section 79 the Minister shall consult the Commission.

If under subsection (4) of the said section 79 the Minister affords to a person who has made a representation an opportunity of being heard by a person appointed by the Minister for the purpose, he shall afford the same opportunity to the local planning authority concerned.

The amendments made by this section have effect in relation to any representation or objection made after the coming into force of this section.

Section 11(3) of the Act of 1949 (general powers of local planning authorities in National Parks : exclusion of powers under other Acts) shall cease to have effect.

In section 51(1) of the Act of 1949 (general provisions as to long distance routes) after the word “horseback” there shall be inserted the words “ or on a bicycle not being a motor vehicle ”.

In section 73(1) of the Act of 1949 (access orders : compensation payable earlier on the ground of special circumstances whereby the postponement of compensation will cause undue hardship) the words from “whereby” to “undue hardship” shall cease to have effect.

In section 86(1)(b) of the Act of 1949 (information services to be provided by Agency) after the word “architectural” there shall be inserted the word “ archeological ”.

There shall be repealed so much of section 89(4) of the Act of 1949 as provides that the power under subsection (1) of that section (power to plant trees for preserving or enhancing natural beauty) does not include power to do anything which the council of a county, county borough or county district are or can be authorised to do by any other enactment.

The definition of the expression “open-air recreation” in section 114(1) of the Act of 1949 (which excludes organised games from that expression) shall apply only for the purposes of Part V of that Act.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and (with a view to facilitating the consolidation of the appropriate parts of this Act and the Act of 1949) references in the Act of 1949 to the preservation of the natural beauty of an area shall be construed in the same way as references in this Act to the conservation of the natural beauty of an area.

Statutory water undertakers may, if it appears to them reasonable to do so—

For the purposes of subsection (1) above statutory water undertakers may set apart any land held by them and may provide, improve, alter, renew and maintain such buildings and other works and do such other things as may be necessary or expedient; and subsections (1) and (2) of section 271 of the Public Health Act 1936 (interpretation of " provide") shall apply for the construction of the foregoing provisions of this section as if all statutory water undertakers were councils and as if this section formed part of that Act.

Statutory water undertakers may, if they think fit, make such reasonable charges as they may determine in respect of the use for the purposes of recreation, of any waterway or any land held with the waterway, and the use of any facilities or services made available by the water undertakers under subsections (1) and (2) above.

Statutory water undertakers may let to any person, for such consideration and on such terms and conditions as they think fit, any works constructed by them for the purpose of providing facilities or services under subsections (1) and (2) above, and may authorise that person to make such reasonable charges as the undertakers may determine in respect of the use of the works.

The powers of undertakers under subsections (1) and (2) above shall, in the case of a waterway which they manage but do not own, be exercisable only with the consent of the owners of the waterway.

Statutory water undertakers may make byelaws with respect to any waterway owned or managed by them and any land held with the waterway, for the preservation of order, for the prevention of damage to land held with the waterway, or anything on or in the waterway or such land, and for securing that persons resorting to the waterway or such land will so behave themselves as to avoid undue interference with the enjoyment of the waterway or land by other persons, including (without prejudice to the generality of the foregoing provisions of this subsection) byelaws— and the byelaws may authorise the making of reasonable charges in respect of the registration of boats in pursuance of the byelaws.

Section 19 (without subsection (6)(b)) and section 20 of the Water Act 1945 shall apply to byelaws made under subsection (6) above, and shall so apply as if the byelaws were made under section 17 of that Act.

Paragraphs (c) and (d) of subsection (6) above are without prejudice to the powers of making byelaws under section 18 of the Water Act 1945 (water pollution).

Where, by provision contained in, or having effect under, any enactment concerning a reservoir or other waterway owned or managed by statutory water undertakers, some other statutory water undertakers are liable to contribute to the costs of constructing, operating and maintaining the reservoir or other waterway, the undertakers may make arrangements for sharing any expenditure incurred in, and any receipts arising from, the exercise of the powers conferred by this section.

The Forestry Commissioners constituted under the Forestry Acts 1919 to 1945 (in this section referred to as “the Commissioners”) shall have the powers conferred on them by this section.

The Commissioners may, on any land placed at their disposal by the Minister of Agriculture, Fisheries and Food or the Secretary of State for Wales, provide, or arrange for or assist in the provision of, tourist, recreational or sporting facilities and any equipment, facilities or works ancillary thereto, including without prejudice to that generality— and the Commissioners shall have power to make such charges as they think fit or to allow another person to make such charges as that other person thinks fit in connection with any of those facilities.

The power of the Minister of Agriculture, Fisheries and Food and the Secretary of State for Wales under section 39 of the Forestry Act 1967 to acquire land shall include power to acquire land in proximity to land placed by him at the disposal of the Commissioners where it appears to him that the land which it is proposed to acquire is reasonably required by the Commissioners for the provision of such facilities as are mentioned in subsection (2) above.

The Commissioners’ powers to make byelaws under section 46 of the Forestry Act 1967 shall include power to make byelaws for regulating the reasonable use by the public of the facilities described in subsection (2) above, and in relation to any such matter as is described in section 41(3) of this Act.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

All expenses incurred, and all sums received, by the Commissioners in the exercise of their powers under this section shall be defrayed, or as the case may be treated, in accordance with section 41 of the Forestry Act 1967.

Without prejudice to the provisions of section 11 of this Act, the appropriate forestry authority may, on any land placed at their disposal by the Minister (as defined in the Forestry Act 1967), plant, care for and manage trees in the interests of amenity, and in section 3(1) of the Forestry Act 1967 (management of forestry land) the reference to the appropriate forestry authority's functions under that Act shall include a reference to their functions under this subsection.

The said Minister may acquire, whether by purchase, feu, lease, exchange or excambion, land which in his opinion ought to be used for planting trees in the interests of amenity, or partly for that purpose and partly for afforestation, together with any other land which must necessarily be acquired therewith, and may place any land acquired by him under this subsection at the disposal of the appropriate forestry authority .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The definition of “public open space” in section 9(6) of the Forestry Act 1967 shall not include a country park provided under section 7 of this Act, or a park or pleasure ground in the Lee Valley Regional Park which in the opinion of the Minister serves the purpose set out in section 6(1) of this Act when the considerations in paragraphs (a) and (b) of that subsection are taken into account.

This section shall be construed as one with the Forestry Act 1967, and that Act shall have effect as if subsections (2) . . . above formed part of section 39 of that Act.

In this section, “the appropriate forestry authority” means—

This section has effect where in pursuance of provision made by a tree preservation order a direction is given, by the local planning authority or the Minister, for securing the re-planting of all or any part of a woodland area which is felled in the course of forestry operations permitted by or under the order.

If the Forestry Commissioners decide not to make any advance under section 4 of the Forestry Act 1967 in respect of the re-planting and come to that decision on the ground that the direction frustrates the use of the woodland area for the growing of timber or other forest products for commercial purposes and in accordance with the rules or practice of good forestry, the local planning authority exercising functions under the tree preservation order shall be liable, on the making of a claim in accordance with this section, to pay compensation in respect of such loss or damage, if any, as is caused or incurred in consequence of compliance with the direction.

The Forestry Commissioners shall, at the request of the person under a duty to comply with the direction, give a certificate stating whether they have decided not to make any such advance and, if so, the grounds of their decision.

A claim for compensation under this section must be served on the local planning authority within twelve months from the date on which the direction was given, or where an appeal has been made to the Minister against the decision of the local planning authority, from the date of the decision of the Minister on the appeal, but subject in either case to such extension of that period as the local planning authority may allow.

Any question of disputed compensation under this section shall be determined in accordance with section 128 of the Town and Country Planning Act 1962 (reference to Lands Tribunal).

This section shall be construed as one with Part III of the Town and Country Planning Act 1962, and section 3(6) of that Act (references in Part III to local planning authority to include references to any other authority to whom functions have been delegated) shall apply accordingly.

The terms of any delegation of functions by a local planning authority effected in pursuance of the said section 3 before the coming into force of this section may be varied, so as to take account of any liability under this section of a local authority to whom functions have been so delegated, in such manner as the local planning authority and the other local authority may agree, or, if they fail to agree, as may be determined by the Minister.

This section, without subsections (5) to (7), shall apply to Scotland subject to the following modifications— and shall be construed as one with Part II of the Town and Country Planning (Scotland) Act 1947.

Section 67 of the Countryside (Scotland) Act 1967 (grants to local authorities) shall have effect in relation to the expenditure of a local planning authority in Scotland in or in connection with paying compensation under this section as it has effect in relation to the expenditure mentioned in that section.

For the purpose of the exercise of their functions under sections 23(2) and 24(1) of this Act so far as relating to land in England ..., the Forestry Commissioners constituted under the Forestry Acts 1919 to 1945 may—

The powers contained in subsection (1)(b) and (c) shall be exercisable only with Treasury approval.

A highway authority, after consultation with the owner or occupier of the land concerned, shall have power to erect and maintain signposts along any footpath bridleway, restricted byway or byway for which they are the highway authority.

Subject to subsection (3) below, at every point where a footpath bridleway, restricted byway or byway leaves a metalled road the highway authority shall in exercise of their power under subsection (1) above erect and maintain a signpost—

A highway authority need not erect a signpost in accordance with subsection (2) above at a particular site if the highway authority, after consulting the council of the parish in which the site is situated, or as the case may be the chairman of the parish meeting for the parish, not having a parish council, in which the site is situated, are satisfied that it is not necessary, and if the parish council, or as the case may be the chairman of the parish meeting, agree.

It shall also be the duty of a highway authority in exercise of their powers under subsection (1) above to erect such signposts as may in the opinion of the highway authority be required to assist persons unfamiliar with the locality to follow the course of a footpath bridleway, restricted byway or byway.

With the consent of the highway authority, any other person may erect and maintain signposts along a footpath bridleway, restricted byway or byway.

Section 131(2) of the Highways Act 1980 (destruction or defacement of a traffic sign) shall apply to a signpost erected or placed along a footpath bridleway, restricted byway or byway in pursuance of this section as it applies to a traffic sign placed on or near a highway . . .

In this section (and in the amendments made by this section in other enactments) references to signposts shall include references to other signs or notices serving the same purpose and references to the erection of a signpost shall include references to positioning any such other sign or notice.

In this section “byway” means a byway open to all traffic, that is to say, a highway over which the public have a right of way for vehicular and all other kinds of traffic, but which is used by the public mainly for the purposes for which footpaths and bridleways are so used , and “restricted byway” has the same meaning as in Part 2 of the Countryside and Rights of Way Act 2000 .

Any stile, gate or other similar structure across a footpath or bridleway shall be maintained by the owner of the land in a safe condition, and to the standard of repair required to prevent unreasonable interference with the rights of the persons using the footpath or bridleway.

If it appears to the highway authority for the footpath or bridleway that the duty imposed by subsection (1) above is not being complied with, the highway authority, after giving to the owner and occupier not less than fourteen days' notice of their intention, may take all necessary steps for repairing and making good the stile, gate or other works, and may recover from the owner of the land the amount of any expenses reasonably incurred by the highway authority in and in connection with the exercise of their powers under this subsection, or such part of those expenses as the highway authority think fit.

The highway authority shall contribute not less than a quarter of any expenses shown to their satisfaction to have been reasonably incurred in compliance with subsection (1) above, and shall have power to make further contributions of such amount in each case as they shall, having regard to all the circumstances, consider reasonable.

Subsection (1) above shall not apply to any structure if and so long as the highway authority are, under an agreement in writing with any other person, liable to maintain the structure, or if any conditions for the maintenance of the structure are for the time being in force under section 126 of the Highways Act 1959 (authority for erection of stiles etc.).

This section shall be construed as one with the Highways Act 1959.

Subject to subsection (2) of this section, the duty to make good the surface of a footpath or bridleway imposed by section 119(3) of the Highways Act 1959 (ploughing of footpath or bridleway) shall be carried out not later than six weeks from the date of the giving of the notice of intention to plough required by subsection (2) of the said section 119, or if, in contravention of the said subsection (2), no such notice was given, not later than three weeks from the time when the occupier began to plough the footpath or bridleway in pursuance of the said section 119.

If on the application of the occupier the highway authority are satisfied that it is expedient in the interests of good farming that the period of six or three weeks mentioned in subsection (1) of this section should be extended the highway authority may—

On the making of the order the highway authority shall forthwith cause a copy of the order to be displayed in a prominent position at the ends of the diversion.

In deciding whether to make an order under subsection (2) of this section a highway authority shall take into account the interests of the users of the path or way, and the highway authority shall before refusing to make an order under subsection (2) of this section consult the Minister of Agriculture, Fisheries and Food.

An order under this section diverting a path or way— and the highway authority may enter into an agreement with the applicant for the provision of any such facilities by the highway authority at the expense of the applicant.

The said section 119 shall not apply to so much of a footpath or bridleway as follows what are for the time being the headlands or sides of a field or enclosure.

If a footpath or bridleway is ploughed, and the occupier has no right to plough it, or if there is a failure to comply with subsection (3) of the said section 119, the highway authority, after giving to the occupier not less than fourteen days' notice of their intention, may take all necessary steps for making good the surface of the path or way so as to make it reasonably convenient for the exercise of the public right of way, and may recover from the occupier the amount of any expenses reasonably incurred by the highway authority in and in connection with the exercise of their powers under this subsection.

Subsection (1) of this section shall bind the Crown.

This section shall be construed as one with the Highways Act 1959.

Any member of the public shall have, as a right of way, the right to ride a bicycle, not being a mechanically propelled vehicle, on any bridleway, but in exercising that right cyclists shall give way to pedestrians and persons on horseback.

Subsection (1) above has effect subject to any orders made by a local authority, and to any byelaws.

The rights conferred by this section shall not affect the obligations of the highway authority, or of any other person, as respects the maintenance of the bridleway, and this section shall not create any obligation to do anything to facilitate the use of the bridleway by cyclists.

Subsection (1) above shall not affect any definition of “bridleway” in this or any other Act.

In this section “mechanically propelled vehicle” does not include a vehicle falling within paragraph (c) of section 189(1) of the Road Traffic Act 1988.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 12(1) of the said Act (prohibition of cycle racing on highways) shall have effect as if the expression " public highway " included a bridleway, but without the exception for a race or trial authorised by regulations under that section.

This section has effect in England and Wales, exclusive of Greater London, as respects roads in, or forming part of, or adjacent to or contiguous with— and has effect in Scotland as respects roads in the countryside within the meaning of the Countryside (Scotland) Act 1967.

The Road Traffic Regulation Act 1967 shall have effect as respects such roads as if the list of purposes for which a traffic regulation order may be made under section 1 of that Act as set out in the paragraphs of subsection (1) of that section, included the purpose of conserving or enhancing the natural beauty of the area, or of affording better opportunities for the public to enjoy the amenities of the area, or recreation or the study of nature in the area.

Subject to subsection (4) below, in the case of any such road as aforesaid which is not a trunk road, the appropriate Minister may by order under this subsection make as respects that road for the purpose specified in subsection (2) above any such provision as he might have so made by an order under section 1 of the Road Traffic Regulation Act 1967 if that road had been a trunk road, and that Act shall apply to an order under this subsection as respects any road as it applies to an order under the said section 1 as respects a road which is for the time being a trunk road.

The Commission, or as the case may be, the Countryside Commission for Scotland, may, if they think fit, make submissions to the appropriate Minister as to the desirability of making an order as respects any road under subsection (3) above or, if that road is a trunk road, under section 1 of the Road Traffic Regulation Act 1967 ; and the appropriate Minister shall not make an order under the said subsection (3) as respects any road except after receiving such a submission with respect to that road and after consultation with the authority having power to make an order as respects that road under the said section 1.

Subject to the following provisions of this section, section 1 of the Road Traffic Regulation Act 1967, as applied for the purposes set out in subsection (2) above, shall have effect so as to authorise the making of traffic regulation orders as respects Crown roads, and orders (hereafter also referred to as " traffic regulation orders ") may be made under subsection (3) above as respects Crown roads.

The consent of the appropriate Crown authority must be given before a traffic regulation order is made as respects a Crown road.

A traffic regulation order made as respects a Crown road, notwithstanding section 97 of the said Act of 1967, shall not apply to vehicles or persons in the public service of the Crown except so far as is expressly provided in the order, and the inclusion of any such express provision in an order not made by a Minister shall require the approval of the appropriate Minister.

If a traffic regulation order is or is to be made as respects a Crown road, the local authority concerned may, after consultation with the appropriate Crown authority, place and maintain, or cause to be placed and maintained, such traffic signs of any type prescribed, or authorised, under section 54 of the said Act of 1967 as the local authority may consider necessary in connection with the order. The powers conferred by this subsection shall be exercisable subject to and in conformity with any general directions given under section 55(1) of the said Act of 1967, and any other power conferred by the said section 55 to give directions to a highway authority shall include power to give the like directions to the local authority concerned as respects the Crown road, but after consultation with the appropriate Crown authority.

The appropriate Minister may, after consulting the appropriate Crown authority, give directions to the local authority concerned with any Crown road requiring the local authority to remove, or cause to be removed, any traffic sign, within the meaning of the said Act of 1967, or any other object or device (whether fixed or portable) for the guidance or direction of persons using roads, on or in the vicinity of the road, and section 63 of the said Act of 1967 (power to enter on land) shall apply as if this subsection formed part of section 61 of that Act.

In this section— and any reference in this section to the Road Traffic Regulation Act 1967 shall be construed as a reference to that Act as for the time being in force.

Sections 93 and 94 of the Act of 1949 (restriction of traffic on roads in National Parks, etc.) shall cease to have effect.

The Minister may with the consent of the Treasury make Exchequer grants to local authorities in respect of expenditure incurred by them—

Where in consequence of an order made under the said section 28 of the Town and Country Planning Act 1962, a purchase notice is served under section 136 of that Act, then if the interest in respect of which the notice is served is purchased in accordance with Part VIII of that Act or compensation is payable in respect thereof under section 134(2) of that Act, expenditure incurred in the purchase of the interest or the payment of the compensation shall be treated for the purposes of this section as if it were expenditure incurred in the exercise of powers under the said section 28.

The Minister may with the consent of the Treasury make Exchequer grants to local authorities in respect of expenditure incurred by them falling under any of the following heads. Expenditure under section 9 of this Act, and expenditure in or in connection with the acquisition of land for the purposes of the section. Expenditure under section 10 of this Act as respects a camping site provided mainly as a stopping-place for those on their way to or from the place or area where they spend their holidays and expenditure in or in connection with the acquisition of land for the purposes of such a site. Expenditure under section 24 of the Caravan Sites and Control of Development Act 1960 as respects a caravan site in the countryside provided mainly as a stopping-place for those on their way to or from the place or area where they spend their holidays and expenditure in or in connection with the acquisition of land for the purposes of such a site. Expenditure under section 10 of this Act as respects a picnic site, and expenditure in or in connection with the acquisition of land for the purposes of such a site. Expenditure under section 12(2) of this Act. Expenditure under the Act of 1949 for the purposes of Part V of that Act (access to open country), including expenditure in or in connection with the acquisition of land for the purposes of the said Part V, and expenditure under section 20 of this Act. Expenditure in paying compensation under section 25 of this Act. As respects land in the countryside, expenditure under section 89(1) of the Act of 1949 (tree-planting), and expenditure in or in connection with the acquisition of land for the purposes of the functions conferred by the said section 89(1). Expenditure under section 92 of the Act of 1949 (appointment of wardens). Where the local authority are acting in pursuance of a scheme approved by the Minister for the removal of things disfiguring the countryside, expenditure under any enactment.

Where a local authority acting in pursuance of a scheme approved by the Minister for the removal of things disfiguring the countryside make an order under section 28 of the Town and Country Planning Act 1962, and a purchase notice is served under section 136 of that Act, then if the interest in respect of which the notice is served is purchased in accordance with Part VIII of that Act or compensation is payable in respect thereof under section 134(2) of that Act, expenditure incurred in the purchase of the interest or the payment of the compensation shall be treated for the purposes of head 10 in subsection (1) above as if it were expenditure incurred in the exercise of powers under the said section 28.

Exchequer grants shall not be payable under this section in respect of expenditure incurred before the passing of this Act.

As respects expenditure incurred after the end of the financial year in which this Act is passed, so much of section 97 of the Act of 1949 as authorises the making of grant in respect of expenditure eligible for grant under this section shall cease to have effect, and no grant shall be paid under this section in respect of expenditure (incurred before the end of the said financial year) eligible for grant under the said section 97.

Section 33 of this Act shall apply to any park or pleasure ground provided by the Lee Valley Regional Park Authority in exercise of their powers under the Lee Valley Regional Park Act 1966 which in the opinion of the Minister serves the purpose set out in section 6(1) of this Act when the considerations in paragraphs (a) and (b) of that subsection are taken into account as it applies to a country park provided under section 7.

In section 34(1) of this Act—

The Minister may with the consent of the Treasury make Exchequer grants to the said Authority in respect of expenditure incurred by the Authority under the said Act of 1966 and falling under any of the following heads. As respects land in the countryside, expenditure which, if the Authority were a local planning authority, they could have incurred under section 89(1) of the Act of 1949 for the purpose of planting trees on land in their area for preserving or enhancing the natural beauty thereof, and expenditure in or in connection with the acquisition of land for that purpose. Expenditure incurred by the Authority under section 31 of the said Act of 1966 (appointment of wardens or rangers) as respects any park or pleasure ground provided by the Authority which in the opinion of the Minister serves the purpose set out in section 6(1) of this Act when the considerations in paragraphs (a) and (b) of that subsection are taken into account, or as respects any picnic site.

Exchequer grant shall not be payable by virtue of the foregoing provisions of this section as respects any expenditure incurred before the passing of this Act.

This section has effect as respects the making to local authorities of Exchequer grants under this Act and, for expenditure incurred after the end of the financial year in which this Act is passed, as respects the making of grants under section 97 of the Act of 1949 (grants for National Parks and areas of outstanding natural beauty).

The grants shall not exceed seventy-five per cent, of the amount of the expenditure in respect of which the grants are made.

The grants shall only be payable in such cases as the Minister may approve and the Minister may give his approval either to a particular item of expenditure or to expenditure of a specified class or incurred in specified circumstances.

Subject to subsection (2) above, grants shall be of such amounts and payable at such times and subject to such conditions as the Minister may from time to time determine, either generally or in the case of any particular local authority.

The grants may be made either as periodical grants in respect of costs from time to time incurred, or treated as incurred, by a local authority in respect of the borrowing of money to defray expenditure qualifying for the grants, or as capital grants in respect of the expenditure or in substitution for such periodical grants.

The Minister shall arrange for the making of recommendations by the Commission as to the making of the grants, and for consultation with the Commission by the Minister where he proposes to make a grant not recommended by the Commission, or not to make a grant recommended by them.

For the purposes of any such grant—

In accordance with subsection (1) above, in subsection (1) of the said section 97 for the words preceding paragraphs (a) to (f) there shall be substituted the words " The Minister may with the consent of the Treasury make Exchequer grants to local authorities in respect of expenditure incurred by them in the exercise ", and subsections (2), (3) and (4) of the said section 97 (which are superseded by the provisions of this section) shall cease to have effect, but not so as to affect the application of the said section 97 to expenditure incurred before the end of the financial year in which this Act is passed.

This section has effect as respects any National Park joint planning board, that is to say a joint planning board constituted under section 2 of the Town and Country Planning Act 1962 for an area which consists of or includes any part of a National Park.

Any such board may defray—

In the case of a visit within the United Kingdom, the amount defrayed in respect of the expenses of a member of the board shall not exceed the payments which he would have been entitled to receive by way of travelling allowance or subsistence allowance under section 113 of the Local Government Act 1948 if the making of the visit had been an approved duty of that member within the meaning of that section.

A local authority may as respects— make byelaws for the preservation of order, for the prevention of damage to the land or anything thereon or therein, and for securing that persons resorting thereto will so behave themselves as to avoid undue interference with the enjoyment of the land by other persons.

Natural England and the NRBW may make byelaws for the preservation of order and other purposes mentioned in subsection (1)—

The power of a local authority under sub-section (1)(d) above is exercisable only in so far as any conditions attached to the relevant delegation or, as the case may be, included in the relevant agreement do not otherwise provide.

Without prejudice to the generality of the foregoing provisions of this section, byelaws under those provisions— and the byelaws may authorise the making of reasonable charges in respect of the registration of boats in pursuance of the byelaws.

Byelaws made under this section shall not interfere with the exercise of any public right of way or of any functions relating to the land or waterway to which the byelaws apply which are exercisable by any authority under any enactment or with the provision of an electronic communications code network or the exercise of any right conferred by or in accordance with the electronic communications code on the operator of any such network.

Before a local authority make byelaws under the foregoing provisions of this section as respects a National Park or area of outstanding natural beauty, the local authority shall consult Natural England as respects a park or area in England) or theNRBW (as respects a park or area in Wales).

A county council or county district council shall have power to enforce byelaws made under this section by another authority as respects land in the area of the council.

In the case of byelaws made by a local planning authority in England, or by Natural England, section 106 of the Act of 1949 (supplementary provisions as to byelaws) shall have effect as if byelaws under this section were byelaws under that Act.

Subsections (1) and (2), and subject to the next following subsection subsection (4), of section 92 of the Act of 1949 (appointment of wardens for land for which byelaws may be made under section 90 of that Act) shall have effect as if the power of making byelaws conferred by this section was contained in the said section 90, and as if Natural England and the NRBW were local authorities.

For the purposes of exercising any function conferred on him by the said section 92 as applied by subsection (8) above a warden appointed under that section may enter upon any land, or go on any waterway, as respects which byelaws under this section are in force, although the land or waterway does not belong to the local authority , Natural England or the NRBW.

In the case of byelaws made by a local planning authority in Wales, or by the NRBW –

Sections 90, 91 and 92 of the Act of 1949 shall have effect as if any path which is a means of access to land to which the public are given access by an agreement or order, or in consequence of acquisition, under Part V of the Act of 1949 was included in that land.

In subsection (10) above “path” means a public path, or a restricted byway (as those expressions are defined in section 27(6) of the Act of 1949 and section 48(4) of the Countryside and Rights of Way Act 2000 ) or any other path, not being a highway at the side of a public road, which the public have the right to use, or are permitted to use, as a means of access to land to which the public are given access under Part V of the Act of 1949.

Byelaws made under section 90(3) of the Act of 1949 shall not interfere with the exercise of any public right of way or with any authority having under any enactment functions relating to the land or waterway to which the byelaws apply or with the provision of an electronic communications code network or the exercise of any right conferred by or in accordance with the electronic communications code on the operator of any such network.

A local planning authority whose area consists of or includes the whole or any part of a National Park may appoint such number of persons as may appear to the authority to be necessary or expedient to act as wardens as respects any land within the National Park to which section 193 of the Law of Property Act 1925 (common land) for the time being applies, . . ..

Before a local planning authority first exercise their powers under subsection (1) above as respects any land, they shall, if practicable, consult the person entitled to the soil of the land.

The foregoing subsections shall be construed as one with section 92 of the Act of 1949 and shall be subject to subsection (4) of that section (saving for interests of landowners).

The purposes for which wardens may be appointed by an authority under the said section 92 (as amended by this Act) as respects any land or waters are—

A local authority shall make available any facilities and services provided by them under this Act for those who do not normally reside in the area of the local authority as freely as for those who do.

A local authority shall have power to make reasonable charges for any facilities or services provided by them under this Act and may arrange for any facilities or services which they have power to provide under this Act to be provided by some other person, and, where they make arrangements for any such facilities or services to be provided by some other person, may authorise that person to make reasonable charges.

The services and facilities for which charges may be made under subsection (2) above include the use of any camping site, picnic site or parking place, of any waterway comprised in a country park, and of any part of a country park set aside for any particular form of recreation.

Any power of a local authority under this Act to provide buildings or other premises for any purpose shall include power to equip them with such furniture and apparatus as may be reasonably necessary to enable them to be used for that purpose.

Any power of a local authority under this Act to provide buildings or other premises, or any services or facilities, or anything else, shall include power to enter into agreements with any other authority or person for the use, on such terms as may be agreed, of anything, or any facilities or services, provided by, or under the control of, that other authority or person and, if it appears convenient, for the services of any staff employed in connection therewith.

The Minister may, subject to the provisions of this section, by order repeal or amend any provision in any local Act passed before this Act and relating to any local authority where it appears to him that that provision is inconsistent with, or has become unnecessary in consequence of, any provision of this Act.

Before making an order under this section the Minister shall consult with each local authority affected by the proposed order.

An order made under this section—

This section has effect as respects any power conferred by this Act on ...... any local authority to enter into agreements with landowners and other persons having interests in land.

Schedule 2 to the Forestry Act 1967 (powers of tenants for life and other limited owners to enter into forestry dedication covenants) shall apply to any such agreement as it applies to such a covenant.

Where a landowner, or other person having an interest in the land, by the agreement grants or agrees to grant any right as respects the land, the grant or agreement shall be binding upon any person deriving title or otherwise claiming under the grantor to the same extent as it is binding upon the grantor notwithstanding that it would not have been binding upon that person apart from the provisions of this subsection.

Any such agreement may be made either irrevocably or subject to such provisions for revocation or variation as may be specified in the agreement.

For the purposes of any enactment or rule of law as to the circumstances in which the dedication of a highway or the grant of an easement may be presumed, or may be established by prescription, the use by the public or by any person of a way across land at any time while it is the subject of any such agreement shall be disregarded.

In the following provisions of the Act of 1949 references to that Act shall include references to this Act— section 99(1) (power of local authority to contribute to expenses of another local authority), section 103 (acquisition of land), section 104 (appropriation and disposal of land by local authorities) but subject to Schedule 2 to this Act, section 108 (entry to survey land in connection with its acquisition), section 109 (local inquiries and service of documents), section 111 (Isles of Scilly).

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., and this amendment shall have effect both for the purposes of the Act of 1949 and of this Act.

Section 112 of the Act of 1949 (Epping Forest and Burnham Beeches) shall have effect as if the provisions of this Act about ...country parks, common land and camping and picnic sites were mentioned in the said section 112(2).

Section 113 of the Act of 1949 (National Trust Land) shall have effect as if the provisions of this Act about experimental projects or schemes, country parks, common land and camping and picnic sites were contained in Part VI of the Act of 1949.

The following provisions of this section shall have effect for applying certain provisions of this Act to Crown land, that is to say land an interest in which belongs to Her Majesty in right of the Crown or the Duchy of Lancaster, or to the Duchy of Cornwall, and land an interest in which belongs to a Government department or is held in trust for Her Majesty for the purposes of a Government department.

Any power under this Act to acquire land compulsorily may be exercised to acquire an interest in Crown land, other than one held by or on behalf of the Crown, but only with the consent of the appropriate authority.

Subject to subsection (4) below, the appropriate authority may enter into an agreement under ... section 7(3)(b) of this Act as respects an interest in Crown land held by or on behalf of the Crown, and any such agreement as respects any other interest in Crown land shall not have effect unless approved by the appropriate authority.

Notwithstanding anything in subsection (3) above—

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

If any land subject to an agreement to which section 45 of this Act applies becomes Crown land, subsection (3) of that section shall cease to apply to that agreement unless the appropriate authority consent to its continued application to the agreement.

Byelaws made under this Act shall apply to Crown land if the appropriate authority consent to their application thereto.

Section 101(11) of the Act of 1949 shall apply for the construction of references in this section to “the appropriate authority”.

Agreements made by the Crown Estate Commissioners shall not require the approval of the Treasury under section 101(10)(a) of the Act of 1949 and accordingly in that paragraph, as originally enacted, the words “by the Commissioners of Crown Lands or” shall cease to have effect.

There shall be defrayed out of money provided by Parliament—

There shall be paid into the Exchequer any sums required to be so paid in consequence of any of the provisions of this Act.

Sections 6 to 9 of this Act shall have effect as if the Broads Authority were a local authority.

Sections 10, . . . and 20 of this Act shall have effect as if the Broads Authority were a local planning authority.

Section 16 of this Act shall have effect as if the Broads Authority were a local planning authority and the Broads were a National Park.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sections 43 to 45 shall have effect as if the Broads Authority were a local authority.

In this section “the Broads” has the same meaning as in the Norfolk and Suffolk Broads Act 1988.

Section 114 of the Act of 1949 shall apply for the construction of this Act.

In this Act, unless the context otherwise requires—

In this Act “parish” means a rural parish . . .

References in this Act to the conservation of the natural beauty of an area shall be construed as including references to the conservation of its flora, fauna and geological and physiographical features.

This Act may be cited as the Countryside Act 1968.

The enactments mentioned in Schedule 5 to this Act shall be repealed to the extent specified in the third column of that Schedule.

This Act shall come into force at the expiration of a period of one month beginning with the date on which it is passed.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

This Act, except subsections (1), (3) . . . of this section, sections 15, 24, 25, 26, 32, 37, 46(3) and so much of sections 46(1), 48, and 49 as relates to the first-mentioned sections, shall not extend to Scotland, . . . this Act shall not extend to Northern Ireland.

The functions of the National Parks Commission shall be enlarged in accordance with this Act and in future their name shall be the " Countryside Commission ".

The functions conferred by this Act on the said Commission (in this Act referred to as " the Commission ") are to be exercised for the conservation and enhancement of the natural beauty and amenity of the countryside, and encouraging the provision and improvement, for persons resorting to the countryside, of facilities for the enjoyment of the countryside and of open-air recreation in the countryside.

The Commission shall have power—

In section 2(3) of the Act of 1949 (power to pay remuneration to Commission's chairman and deputy chairman) for the words " the chairman and deputy chairman" there shall be substituted the words " any of the members ".

In sections 1 and 2(1) of the Act of 1949 for the words " National Parks Commission " there shall be substituted the words " Countryside Commission ", and in section 4(1) of the Act of 1949 (Commission's annual report) the reference to the Commission's functions under the Act of 1949 shall include a reference to their functions under this Act.

In Part III of Schedule 1 to the House of Commons Disqualification Act 1957 (which specifies offices the holders of which are disqualified under that Act) as it applies to the House of Commons of the Parliament of the United Kingdom, there shall be inserted at the appropriate point in alphabetical order the entry " Any member of the Countryside Commission in receipt of remuneration ".

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The NRBW shall keep under review all matters relating to— and shall consult with such local planning authorities and other bodies as appear to the NRBW to have an interest in those matters.

The NRBW shall encourage, assist, concert or promote the implementation of any proposals with respect to those matters made by any person or body, being proposals which the NRBW consider to be suitable.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Where it appears to the NRBW that the provision and improvement of facilities for enjoyment of the countryside or the conservation and enhancement of the natural beauty and amenity of the countryside presents special problems or requires special professional or technical skill, the NRBW —

The NRBW shall make to local planning authorities and other public bodies, as respects the exercise of the powers of making byelaws conferred by this Act , the Act of 1949 and Part I of the Countryside and Rights of Way Act 2000, recommendations as to the matters in respect of which byelaws should be made.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The NRBW shall provide, or assist in the provision of, publicity and information services relating to the countryside, to places of beauty or interest therein, or to the functions of the NRBW, and shall take such steps as appear to them expedient for securing that suitable methods of publicity are used for the prevention of damage in the countryside and for [informing persons resorting to the countryside of their rights and obligations].

The ... NRBW shall make to the Minister such recommendations as the ... NRBW think proper in respect of applications by local authorities for grants under section 16 of the Welsh Development Agency Act 1975 .

The Commission shall, after consultation with the Secretary of State, appoint a Committee for Wales.

The membership of the Committee for Wales shall consist partly of persons who are members of the Commission, one of whom shall be the chairman of the Committee, and partly of persons, not exceeding four in number, who are not members of the Commission.

The Commission may, after consulting the Secretary of State and subject to such conditions as they think appropriate, delegate any of their functions in Wales or Monmouthshire to the Committee for Wales, including (for Wales and Monmouthshire) their advisory functions under section 2 of this Act, and their duty of making recommendations under that section in respect of local authorities' applications for Exchequer grants.

So much of section 2(3) of the Act of 1949 as authorises the payment of allowances in respect of the matters listed in paragraphs (a), (b) and (c) of that subsection shall apply as if all the members of the Committee for Wales were members of the Commission.

The Commission, after consultation with such local authorities and other bodies as appear to the Commission to have an interest, may from time to time prepare and submit to the Minister for his approval proposals with respect to any area for an experimental project or scheme designed to facilitate the enjoyment of the countryside, or to conserve or enhance its natural beauty or amenity, which— and the Minister may approve in whole or in part or with modifications any proposals so submitted to him, or may refuse to approve them.

The Commission shall concert, promote, or undertake either by themselves or in conjunction with any other authority or person, measures to implement any proposals so approved.

For the purpose of their functions under the foregoing provisions of this section the Commission may—

The disposal of land under this section may be by way of sale or exchange, or by the letting of land or the granting of any interest in or right over land, but the Commission shall not under this section dispose of land by way of gift.

The powers conferred by paragraphs (c) to (f) of subsection (3) above may be exercised by the Commission— and an agreement under paragraph (b) above may provide for the making by the Commission of payments in consideration of the making of the agreement and payments by way of contribution towards expenditure incurred by the persons making the agreement in consequence thereof.

The provisions of this section, except for that authorising compulsory purchase of land, shall have effect only for the purpose of removing any limitation imposed by law on the capacity of the Commission, and shall not authorise any act or omission on the part of the Commission which, apart from the said provisions of this section, would be actionable at the suit of any person on any ground other than such a limitation.

In accordance with arrangements approved by the Minister and the Treasury, the Commission shall have power to give financial assistance by way of grant or loan, or partly in the one way and partly in the other, to any person, other than a public body, carrying on or proposing to carry on any project approved by the Minister for the purposes of this section which in the opinion of the Commission is conducive to the attainment of any of the purposes of this Act or the Act of 1949.

Financial assistance by way of grant under this section shall not exceed seventy-five per cent, of the expenditure in respect of which the grant is made.

Before applying for the approval of the Minister under this section to any project the Commission shall satisfy themselves that in all the circumstances it is preferable that the project should be carried out by a person other than a public body.

On making a grant or loan under this section the Commission may impose such conditions as they think fit, including (in the case of a grant) conditions for repayment in specified circumstances.

In this section " public body" does not include the National Trust.

The powers conferred by this and the three next following sections shall be exercisable for the purpose of providing, or improving, opportunities for the enjoyment of the countryside by the public, and a local authority in exercising those powers in any area in the countryside shall have regard—

In this and the three next following sections “local authority” means—

A local authority may exercise the powers conferred by the three next following sections inside or outside their area, . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Before a county council or National Park joint planning board give any consent so required they shall consult the council of any county district within, or partly within, their area which will comprise all or any part of the land.

A local authority may apply to the Minister on the grounds that a county council or National Park joint planning board have unreasonably withheld any consent so required, and the Minister, after affording to the county council, or the board, an opportunity of making representations, may if he thinks fit direct the county council, or the board, to give the consent to which the application relates. The county council or board shall comply with any direction given by the Minister under this subsection.

Section 29 of the Town and Country Planning Act 1959 (protection of persons deriving title under transactions requiring the consent of a Minister) shall apply as if any reference in that section to the consent of a Minister included a reference to a consent of a local authority required under this section.

Subject to section 6 above, a local authority shall have power, on any site in the countryside appearing to them suitable or adaptable for the purpose set out in section 6(1) above, to provide a country park, that is to say a park or pleasure ground to be used for that purpose.

A local authority shall have power to extend, maintain and manage the country park and to do all other things appearing to them desirable for the said purpose in connection with the provision of a country park and in particular— Provided that a local authority shall not under this section provide accommodation, meals or refreshments except in so far as it appears to them that the facilities therefor within the country park are inadequate or unsatisfactory, either generally or as respects any description of accommodation, meals or refreshments, as the case may be.

The powers conferred by the foregoing provisions of this section and by the next following section may be exercised by the local authority— and an agreement under paragraph (b) above may provide for the making by the local authority of payments in consideration of the making of the agreement and payments by way of contribution towards expenditure incurred by the persons making the agreement in consequence thereof.

A local authority shall have power to acquire compulsorily any land required by them for the purpose of their functions under this and the next following section.

It if appears to a local authority that a park or pleasure ground provided or acquired by the local authority before the coming into force of this section, or otherwise than under or for the purposes of this section, can suitably be used as a country park, that park or pleasure ground shall, from such date as the local authority may determine, be treated for all the purposes of this Act as a country park provided under this section, but—

If it appears to a local authority that land provided or acquired by them before the coming into force of this section, as open country to be used for the purposes of Part V of the Act of 1949, can suitably be used as a country park, that land, or any part of it, shall, from such date as the local authority may determine, be treated for all the purposes of this Act as a country park provided under this section; and, if the land was acquired under section 76 of the Act of 1949 (compulsory acquisition for public access), the land so treated shall cease to be subject to that section, but—

A country park provided under this section shall not be subject to any of the following enactments (which relate to parks and pleasure grounds): Section 164 of the Public Health Act 1875. Section 44 of the Public Health Acts Amendment Act 1890. Sections 76 and 77 of the Public Health Acts Amendment Act 1907. Section 56(5) of the Public Health Act 1925. Section 145 of the Local Government Act 1972.

Without prejudice to the generality of section 7(2) of this Act, where a country park comprises any waterway the kinds of open-air recreation for which the local authority may provide facilities and services under that subsection shall include sailing, boating, bathing and fishing.

If a country park is bounded by the sea, or by any waterway which is not part of the sea, the local authority providing the country park shall have power to carry out such work and do such other things as may appear to them necessary or expedient for facilitating the use of the waters so adjoining the country park by the public for sailing, boating, bathing and fishing and other forms of recreation.

The powers conferred by subsections (1) and (2) above include power to erect buildings or carry out works on land adjoining the sea or other waters but outside the country park, and to construct jetties or other works wholly or partly in the sea or other waters.

The local authority, before acting under the foregoing provisions of this section, shall consult with, and seek the consent of, the National Rivers Authority (if the country park is in England), the NRBW (if the country park is in Wales), and in either case, such authorities, being authorities which under any enactment have functions relating to the sea or other waters in question, as the Minister may either generally or in any particular case direct, and Schedule 1 to this Act shall have effect where any authority so consulted withhold their consent.

A local authority may make byelaws regulating the use of works carried out by them pursuant to this section and of any facilities or services provided in connection with the works, but before making any such byelaws the local authority shall consult Natural England (if the works are in England) or the NRBW (if the works are in Wales): Provided that byelaws made under this subsection shall not interfere with the exercise of any functions relating to the waters or land to which the byelaws apply which are exercisable by any authority under any enactment.

Nothing in this section shall authorise the carrying out of any operation in contravention of section 34 of the Coast Protection Act 1949 (works detrimental to navigation) or section 9 of the Harbours Act 1964 (control of harbour development).

This section has effect as respects any common land to which the public have rights of access, and the powers conferred by this section are to be exercised in the interests of persons resorting to the common land for open-air recreation.

Subject to the provisions of section 6 above, a local authority may exercise the powers conferred by this section on land taken out of the common land in accordance with this section and Schedule 2 to this Act, or on other land in the neighbourhood of the common land.

A local authority shall have power to do anything appearing to the local authority to be desirable for the purpose set out in section 6(1) above, and in the interests of persons resorting to the common land, and in particular— Provided that a local authority shall not under this section provide accommodation, meals or refreshments except in so far as it appears to them that the facilities therefor in the neighbourhood of the common land are inadequate or unsatisfactory, either generally or as respects any description of accommodation, meals or refreshments, as the case may be.

Schedule 2 to this Act shall have effect for the purposes of this section, and in that Schedule “the principal section” means this section.

A local authority shall have power to acquire compulsorily any land in the neighbourhood of the common land which is required by them for the purposes of their functions under this section and which is not common land.

In this section—

A local planning authority and the council of a county district shall have power to provide in the countryside within their area camping sites for holiday and recreational purposes, to be used primarily as places for setting up tents, with space for parking vehicles and a means of access to and from a road.

A local planning authority and the council of a county district shall have power to provide in the countryside within their area picnic sites for motorists and others using the roads, with space for parking vehicles and a means of access to and from a road.

Subject to the provisions of this section, the local authority shall have power to do anything appearing to them desirable in connection with the provision of a site under subsection (1) or subsection (2) above, and in particular to manage a site or to lease it to some other person, and to provide for the use of those occupying the site any services or facilities for their health or convenience.

A local authority shall have power to acquire compulsorily any land required by them for the purposes of their functions under this section.

A local planning authority whose area consists of or includes the whole or any part of a National Park may, ..., make arrangements for securing the provision forthe area of the local planning authority (whether by the authority or by other persons) of study centres and other facilities for learning about the history, natural features, flora and fauna of the National Park and the objects of architectural, archaeological or historical interest therein; and section 12 of the Act of 1949 (provision of facilities in National Parks) shall have effect as if the functions of local planning authorities under this subsection were functions conferred by subsection (1) of that section.

The functions conferred by subsection (1) of the said section 12 of the Act of 1949 shall include the making of arrangements for securing the provision in their area (whether by the authority or by other persons)—

A local planning authority whose area consists of or includes any part of a National Park which is bounded by the sea, or by any waterway which is not part of the sea, may, on land which is in or in the neighbourhood of the National Park, carry out such work and do such other things as may appear to them necessary or expedient for facilitating the use of the waters so adjoining the National Park by the public for sailing, boating, bathing and fishing and other forms of recreation: Provided that a local planning authority shall not under this subsection provide facilities of any description except in cases where it appears to them that the facilities of that description are inadequate or unsatisfactory.

The works which a local planning authority may carry out under subsection (3) above include the construction of jetties and other works wholly or partly in the sea or in other waters.

A local planning authority may make byelaws regulating the use of works carried out by them under subsection (3) above in the waters bounding a National Park and of any facilities or services provided in connection with the works, but before making any such byelaws the local planning authority shall consult Natural England (if the National Park is in England) or the NRBW (if the National Park is in Wales): Provided that byelaws made under this subsection shall not interfere with the exercise of any functions relating to the waters or land to which the byelaws apply which are exercisable by any authority under any enactment.

The Act of 1949 shall have effect as if subsections (3) and (4) above formed part of section 13(1) of that Act, and section 75 of that Act (which relates to the exercise of powers under the said section 13 as respects land comprised in access orders) shall have effect accordingly, and . . .

Subsections (2), (3) and (4) of section 13 of the Act of 1949 (carrying out of work on behalf of local planning authority by some other authority) shall apply to any part of the sea bounding a National Park as they apply to a waterway.

Nothing in the said section 13 as extended by this section shall authorise the carrying out of any operation in contravention of section 34 of the Coast Protection Act 1949 or section 9 of the Harbours Act 1964.

A local planning authority whose area consists of or includes the whole or any part of a National Park shall have power to make byelaws for the prohibition or restriction of traffic of any description on any lake in the National Park.

The power shall be exercisable for the purpose of—

Without prejudice to the generality of the foregoing provisions of this section, byelaws under this section may—

In acting under this section the local planning authority shall have regard to the fulfilment of the objects set out as respects National Parks in section 5 of the Act of 1949, and, before making any byelaws, shall consult Natural England (if the National Park is in England) or the NRBW (if the National Park is in Wales).

Byelaws under this section shall not be made so as to extinguish any public right of way over any waters, but, except as otherwise expressly provided, any byelaws under this section shall apply to persons exercising any such public right of way as they apply to other persons.

Byelaws under this section—

This section shall not apply to any lake owned or managed by any statutory undertakers.

In the case of byelaws made by a local planning authority in England, section 106 of the Act of 1949 (supplementary provisions as to byelaws) shall have effect as if byelaws under this section were byelaws under that Act.

Subsections (1) and (2), and subject to the next following subsection, subsection (4), of section 92 of the Act of 1949 (appointment of wardens of land for which byelaws may be made under section 90 of that Act) shall have effect as if the power of making byelaws conferred by this section was contained in the said section 90.

In the case of byelaws made by a local planning authority in Wales –

For the purpose of securing compliance with any byelaws made under this section, a warden appointed under the said section 92 as applied by this section may enter upon any land, or go on any water, whether or not within the area where the byelaws are in force.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Byelaws made by a local planning authority under this section may be enforced by any local authority for an area that includes any part of the National Park in question

In this section “lake” includes any expanse of water other than a river or canal.

The Minister may, if satisfied that it is expedient, by order apply this section to any land in a National Park appearing to him to be predominantly moor or heath.

The occupier of any land to which this section for the time being applies, and which is moor or heath which has not been agricultural land at any time within the preceding twenty years, shall not, by ploughing or otherwise, convert any of the land into agricultural land unless he has given six months written notice of his intention to the local planning authority.

If, without the consent in writing of the local planning authority, any person fails to comply with subsection (2) above, whether by failing to give a notice, or by taking some action within the six months, he shall be guilty of an offence.

A person guilty of an offence under this section shall be liable—

An order made under subsection (1) above—

In this section " agricultural land " does not include land which affords rough grazing for livestock but is not otherwise used as agricultural land.

In considering for the purposes of subsection (2) above whether land has been agricultural land within the preceding twenty years, no account shall be taken of any conversion of the land into agricultural land which was unlawful under the provisions of this section.

This section has effect as respects land . . . which is or forms part of an area which in the opinion of the NRBW or Scottish Natural Heritage is of special interest by reason of its flora, fauna, or geological or physiographical features.

Where, for the purpose of conserving those flora, fauna or geological or physiographical features, it appears to the NRBW or (as the case may be) Scottish Natural Heritage expedient . . . to do so, the NRBWor (as the case may be) Scottish Natural Heritage may enter into an agreement with the owners, lessees and occupiers of any such land (or of any adjacent other land) which imposes restrictions on the exercise of rights over land by the persons who can be bound by the agreement.

Any such agreement—

Where section 79 of the Law of Property Act 1925 (burden of covenant running with the land) applies to any such restrictions as are mentioned in subsection (2) of this section, the NRBW shall have the like rights as respects the enforcement of the restrictions as if the NRBW had at all material times been the absolute owner in possession of ascertained land adjacent to the land in respect of which the restriction is sought to be enforced, and capable of being benefited by the restriction, and the restriction had been expressed to be for the benefit of that adjacent land.

Schedule 2 to the Forestry Act 1967 (powers of tenants for life and other limited owners to enter into forestry dedication covenants or agreements) shall apply to any agreement made in pursuance of this section as it applies to such a covenant or agreement.

This section shall apply to Scotland subject to the following modifications—

The Act of 1949 shall have effect as if this section were included in Part III of that Act.

The definition of “open country” in section 59(2) of the Act of 1949 shall include, if in the countryside, any woodlands.

Subject to subsection (6) below, the said definition shall include, if in the countryside—

The strip of adjacent land comprised in any access order shall be wide enough to allow passage on foot along the water and wide enough to allow the public to picnic at convenient places and, where practicable, to embark or disembark, and shall include—

Local planning authorities shall exercise their powers under Part V of the Act of 1949 over any such strip of land with special regard to the interests of persons using small boats who must circumvent obstacles or obstructions on the water by passing round on foot with their boats, and in the interests of persons who wish to obtain access from a highway to convenient launching places for small boats.

In section 60 of the Act of 1949 (rights of public over land subject to an access agreement or order, other than excepted land) subsection (5)(a) (certain agricultural land to be excepted land) shall not apply to any land within subsection (2)(c) above.

Subsections (2) and (3) above shall not apply as respects, or as respects land held with,—

The local planning authority, before making an access agreement or an access order under Part V of the Act of 1949 in respect of land outside a National Park which comprises all or any part of, or of land adjacent to, any river (including any expanse of water through which a river, or some part of the flow of a river runs) or any canal, shall consult with and seek the consent of the Environment Agency if the land is in England, of the NRBW if the land is in Wales, and in either case of such authorities, being authorities which under any enactment have functions relating to the river or canal in question, as the Minister may either generally or in any particular case direct.

Subsection (7) above shall apply with the necessary modifications in relation to an access order to be made by the Minister as it applies in relation to an access order to be made by a local planning authority.

In this section “river” includes a stream and the tidal part of a river or stream.

The provisions of this section shall not be construed as restricting in any way the definition of “open country” in the said section 59(2) as originally enacted.

This and the four next following sections shall be construed as one with Part V of the Act of 1949.

Natural England or the NRBW may, in the circumstances set out in subsection (2), acquire compulsorily all or part of the land which it appears to that body expedient to acquire for the purpose of conserving flora, fauna, or geological or physiographical features of special interest.

The circumstances are—

A dispute about whether or not there has been a breach of the agreement for the purposes of subsection (2)(b) shall be determined by an arbitrator appointed by the Lord Chancellor.

Where Natural England or the NRBW have acquired land compulsorily under this section, they may—

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

In this section “SSSI agreement” means—

This section applies to land comprised in an access order under Part V of the Act of 1949 (access to open country) confirmed or made by the Minister after the coming into force of this section.

In section 60 of the Act of 1949 (rights of public over land subject to an access order, other than excepted land) subsection (5)(a) (certain agricultural land to be excepted land) shall not at any time apply to land to which this section applies unless—

Where as respects land to which this section applies, not being land to which the said section 60(5)(a) applied on the relevant date, it is represented to the Minister, and the Minister is satisfied— then, subject to the provisions of this section, the Minister shall give a direction under this section as respects the land.

Before coming to a conclusion on any representation under this section the Minister— and shall consider the report of the person by whom the inquiry was held or the person appointed as aforesaid, as the case may be.

In determining whether the conditions specified in paragraphs (a), (b) and (c) of subsection (3) above are fulfilled the Minister shall have regard to any restrictions on the rights of the public imposed by the access order by virtue of section 60(3) of the Act of 1949 ; and the Minister may, if he thinks fit, instead of giving a direction under subsection (3) above, by order vary the access order so as to impose as respects the land any such restrictions or further restrictions authorised by the said section 60(3) as appear to him appropriate.

All land within paragraph (a) of subsection (2) above shall be defined in the prescribed manner in the map to be contained, in pursuance of section 65(3) of the Act of 1949, in the access order, and in the map to be kept under section 78 of the Act of 1949, and those maps shall from time to time be altered so as to take account of any direction given by the Minister under this section and so as to correct any errors or omissions made in defining that land.

In subsection (2) above " the relevant date " means—

Section 79 of the Act of 1949 (exclusion of woodlands from access orders and access agreements) shall be amended in accordance with this section.

It shall be one of the conditions in paragraph (a), and one of the conditions in paragraph (b), of section 79(1) of the Act of 1949 (conditions to be satisfied where woodland is to be excluded from an excess order) that the prejudicial effect there mentioned (that is to say the prejudicial effect of the application of the provisions of section 60 of the Act of 1949 to the land) outweighs the benefit arising from the facilities for access to open country conferred on the public by the said section 60, and references to the said conditions in subsections (2), (3) and (5) of the said section 79 shall be construed accordingly.

Before exercising any of his functions under the said section 79 the Minister shall consult the Commission.

If under subsection (4) of the said section 79 the Minister affords to a person who has made a representation an opportunity of being heard by a person appointed by the Minister for the purpose, he shall afford the same opportunity to the local planning authority concerned.

The amendments made by this section have effect in relation to any representation or objection made after the coming into force of this section.

Section 11(3) of the Act of 1949 (general powers of local planning authorities in National Parks : exclusion of powers under other Acts) shall cease to have effect.

In section 51(1) of the Act of 1949 (general provisions as to long distance routes) after the word “horseback” there shall be inserted the words “ or on a bicycle not being a motor vehicle ”.

In section 73(1) of the Act of 1949 (access orders : compensation payable earlier on the ground of special circumstances whereby the postponement of compensation will cause undue hardship) the words from “whereby” to “undue hardship” shall cease to have effect.

In section 86(1)(b) of the Act of 1949 (information services to be provided by Agency) after the word “architectural” there shall be inserted the word “ archeological ”.

There shall be repealed so much of section 89(4) of the Act of 1949 as provides that the power under subsection (1) of that section (power to plant trees for preserving or enhancing natural beauty) does not include power to do anything which the council of a county, county borough or county district are or can be authorised to do by any other enactment.

The definition of the expression “open-air recreation” in section 114(1) of the Act of 1949 (which excludes organised games from that expression) shall apply only for the purposes of Part V of that Act.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and (with a view to facilitating the consolidation of the appropriate parts of this Act and the Act of 1949) references in the Act of 1949 to the preservation of the natural beauty of an area shall be construed in the same way as references in this Act to the conservation of the natural beauty of an area.

Statutory water undertakers may, if it appears to them reasonable to do so—

For the purposes of subsection (1) above statutory water undertakers may set apart any land held by them and may provide, improve, alter, renew and maintain such buildings and other works and do such other things as may be necessary or expedient; and subsections (1) and (2) of section 271 of the Public Health Act 1936 (interpretation of " provide") shall apply for the construction of the foregoing provisions of this section as if all statutory water undertakers were councils and as if this section formed part of that Act.

Statutory water undertakers may, if they think fit, make such reasonable charges as they may determine in respect of the use for the purposes of recreation, of any waterway or any land held with the waterway, and the use of any facilities or services made available by the water undertakers under subsections (1) and (2) above.

Statutory water undertakers may let to any person, for such consideration and on such terms and conditions as they think fit, any works constructed by them for the purpose of providing facilities or services under subsections (1) and (2) above, and may authorise that person to make such reasonable charges as the undertakers may determine in respect of the use of the works.

The powers of undertakers under subsections (1) and (2) above shall, in the case of a waterway which they manage but do not own, be exercisable only with the consent of the owners of the waterway.

Statutory water undertakers may make byelaws with respect to any waterway owned or managed by them and any land held with the waterway, for the preservation of order, for the prevention of damage to land held with the waterway, or anything on or in the waterway or such land, and for securing that persons resorting to the waterway or such land will so behave themselves as to avoid undue interference with the enjoyment of the waterway or land by other persons, including (without prejudice to the generality of the foregoing provisions of this subsection) byelaws— and the byelaws may authorise the making of reasonable charges in respect of the registration of boats in pursuance of the byelaws.

Section 19 (without subsection (6)(b)) and section 20 of the Water Act 1945 shall apply to byelaws made under subsection (6) above, and shall so apply as if the byelaws were made under section 17 of that Act.

Paragraphs (c) and (d) of subsection (6) above are without prejudice to the powers of making byelaws under section 18 of the Water Act 1945 (water pollution).

Where, by provision contained in, or having effect under, any enactment concerning a reservoir or other waterway owned or managed by statutory water undertakers, some other statutory water undertakers are liable to contribute to the costs of constructing, operating and maintaining the reservoir or other waterway, the undertakers may make arrangements for sharing any expenditure incurred in, and any receipts arising from, the exercise of the powers conferred by this section.

The Forestry Commissioners constituted under the Forestry Acts 1919 to 1945 (in this section referred to as “the Commissioners”) shall have the powers conferred on them by this section.

The Commissioners may, on any land placed at their disposal by the Minister of Agriculture, Fisheries and Food or the Secretary of State for Wales, provide, or arrange for or assist in the provision of, tourist, recreational or sporting facilities and any equipment, facilities or works ancillary thereto, including without prejudice to that generality— and the Commissioners shall have power to make such charges as they think fit or to allow another person to make such charges as that other person thinks fit in connection with any of those facilities.

The power of the Minister of Agriculture, Fisheries and Food and the Secretary of State for Wales under section 39 of the Forestry Act 1967 to acquire land shall include power to acquire land in proximity to land placed by him at the disposal of the Commissioners where it appears to him that the land which it is proposed to acquire is reasonably required by the Commissioners for the provision of such facilities as are mentioned in subsection (2) above.

The Commissioners’ powers to make byelaws under section 46 of the Forestry Act 1967 shall include power to make byelaws for regulating the reasonable use by the public of the facilities described in subsection (2) above, and in relation to any such matter as is described in section 41(3) of this Act.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

All expenses incurred, and all sums received, by the Commissioners in the exercise of their powers under this section shall be defrayed, or as the case may be treated, in accordance with section 41 of the Forestry Act 1967.

Without prejudice to the provisions of section 11 of this Act, the appropriate forestry authority may, on any land placed at their disposal by the Minister (as defined in the Forestry Act 1967), plant, care for and manage trees in the interests of amenity, and in section 3(1) of the Forestry Act 1967 (management of forestry land) the reference to the appropriate forestry authority's functions under that Act shall include a reference to their functions under this subsection.

The said Minister may acquire, whether by purchase, feu, lease, exchange or excambion, land which in his opinion ought to be used for planting trees in the interests of amenity, or partly for that purpose and partly for afforestation, together with any other land which must necessarily be acquired therewith, and may place any land acquired by him under this subsection at the disposal of the appropriate forestry authority .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The definition of “public open space” in section 9(6) of the Forestry Act 1967 shall not include a country park provided under section 7 of this Act, or a park or pleasure ground in the Lee Valley Regional Park which in the opinion of the Minister serves the purpose set out in section 6(1) of this Act when the considerations in paragraphs (a) and (b) of that subsection are taken into account.

This section shall be construed as one with the Forestry Act 1967, and that Act shall have effect as if subsections (2) . . . above formed part of section 39 of that Act.

In this section, “the appropriate forestry authority” means—

This section has effect where in pursuance of provision made by a tree preservation order a direction is given, by the local planning authority or the Minister, for securing the re-planting of all or any part of a woodland area which is felled in the course of forestry operations permitted by or under the order.

If the Forestry Commissioners decide not to make any advance under section 4 of the Forestry Act 1967 in respect of the re-planting and come to that decision on the ground that the direction frustrates the use of the woodland area for the growing of timber or other forest products for commercial purposes and in accordance with the rules or practice of good forestry, the local planning authority exercising functions under the tree preservation order shall be liable, on the making of a claim in accordance with this section, to pay compensation in respect of such loss or damage, if any, as is caused or incurred in consequence of compliance with the direction.

The Forestry Commissioners shall, at the request of the person under a duty to comply with the direction, give a certificate stating whether they have decided not to make any such advance and, if so, the grounds of their decision.

A claim for compensation under this section must be served on the local planning authority within twelve months from the date on which the direction was given, or where an appeal has been made to the Minister against the decision of the local planning authority, from the date of the decision of the Minister on the appeal, but subject in either case to such extension of that period as the local planning authority may allow.

Any question of disputed compensation under this section shall be determined in accordance with section 128 of the Town and Country Planning Act 1962 (reference to Lands Tribunal).

This section shall be construed as one with Part III of the Town and Country Planning Act 1962, and section 3(6) of that Act (references in Part III to local planning authority to include references to any other authority to whom functions have been delegated) shall apply accordingly.

The terms of any delegation of functions by a local planning authority effected in pursuance of the said section 3 before the coming into force of this section may be varied, so as to take account of any liability under this section of a local authority to whom functions have been so delegated, in such manner as the local planning authority and the other local authority may agree, or, if they fail to agree, as may be determined by the Minister.

This section, without subsections (5) to (7), shall apply to Scotland subject to the following modifications— and shall be construed as one with Part II of the Town and Country Planning (Scotland) Act 1947.

Section 67 of the Countryside (Scotland) Act 1967 (grants to local authorities) shall have effect in relation to the expenditure of a local planning authority in Scotland in or in connection with paying compensation under this section as it has effect in relation to the expenditure mentioned in that section.

For the purpose of the exercise of their functions under sections 23(2) and 24(1) of this Act so far as relating to land in England ..., the Forestry Commissioners constituted under the Forestry Acts 1919 to 1945 may—

The powers contained in subsection (1)(b) and (c) shall be exercisable only with Treasury approval.

A highway authority, after consultation with the owner or occupier of the land concerned, shall have power to erect and maintain signposts along any footpath bridleway, restricted byway or byway for which they are the highway authority.

Subject to subsection (3) below, at every point where a footpath bridleway, restricted byway or byway leaves a metalled road the highway authority shall in exercise of their power under subsection (1) above erect and maintain a signpost—

A highway authority need not erect a signpost in accordance with subsection (2) above at a particular site if the highway authority, after consulting the council of the parish in which the site is situated, or as the case may be the chairman of the parish meeting for the parish, not having a parish council, in which the site is situated, are satisfied that it is not necessary, and if the parish council, or as the case may be the chairman of the parish meeting, agree.

It shall also be the duty of a highway authority in exercise of their powers under subsection (1) above to erect such signposts as may in the opinion of the highway authority be required to assist persons unfamiliar with the locality to follow the course of a footpath bridleway, restricted byway or byway.

With the consent of the highway authority, any other person may erect and maintain signposts along a footpath bridleway, restricted byway or byway.

Section 131(2) of the Highways Act 1980 (destruction or defacement of a traffic sign) shall apply to a signpost erected or placed along a footpath bridleway, restricted byway or byway in pursuance of this section as it applies to a traffic sign placed on or near a highway . . .

In this section (and in the amendments made by this section in other enactments) references to signposts shall include references to other signs or notices serving the same purpose and references to the erection of a signpost shall include references to positioning any such other sign or notice.

In this section “byway” means a byway open to all traffic, that is to say, a highway over which the public have a right of way for vehicular and all other kinds of traffic, but which is used by the public mainly for the purposes for which footpaths and bridleways are so used , and “restricted byway” has the same meaning as in Part 2 of the Countryside and Rights of Way Act 2000 .

Any stile, gate or other similar structure across a footpath or bridleway shall be maintained by the owner of the land in a safe condition, and to the standard of repair required to prevent unreasonable interference with the rights of the persons using the footpath or bridleway.

If it appears to the highway authority for the footpath or bridleway that the duty imposed by subsection (1) above is not being complied with, the highway authority, after giving to the owner and occupier not less than fourteen days' notice of their intention, may take all necessary steps for repairing and making good the stile, gate or other works, and may recover from the owner of the land the amount of any expenses reasonably incurred by the highway authority in and in connection with the exercise of their powers under this subsection, or such part of those expenses as the highway authority think fit.

The highway authority shall contribute not less than a quarter of any expenses shown to their satisfaction to have been reasonably incurred in compliance with subsection (1) above, and shall have power to make further contributions of such amount in each case as they shall, having regard to all the circumstances, consider reasonable.

Subsection (1) above shall not apply to any structure if and so long as the highway authority are, under an agreement in writing with any other person, liable to maintain the structure, or if any conditions for the maintenance of the structure are for the time being in force under section 126 of the Highways Act 1959 (authority for erection of stiles etc.).

This section shall be construed as one with the Highways Act 1959.

Subject to subsection (2) of this section, the duty to make good the surface of a footpath or bridleway imposed by section 119(3) of the Highways Act 1959 (ploughing of footpath or bridleway) shall be carried out not later than six weeks from the date of the giving of the notice of intention to plough required by subsection (2) of the said section 119, or if, in contravention of the said subsection (2), no such notice was given, not later than three weeks from the time when the occupier began to plough the footpath or bridleway in pursuance of the said section 119.

If on the application of the occupier the highway authority are satisfied that it is expedient in the interests of good farming that the period of six or three weeks mentioned in subsection (1) of this section should be extended the highway authority may—

On the making of the order the highway authority shall forthwith cause a copy of the order to be displayed in a prominent position at the ends of the diversion.

In deciding whether to make an order under subsection (2) of this section a highway authority shall take into account the interests of the users of the path or way, and the highway authority shall before refusing to make an order under subsection (2) of this section consult the Minister of Agriculture, Fisheries and Food.

An order under this section diverting a path or way— and the highway authority may enter into an agreement with the applicant for the provision of any such facilities by the highway authority at the expense of the applicant.

The said section 119 shall not apply to so much of a footpath or bridleway as follows what are for the time being the headlands or sides of a field or enclosure.

If a footpath or bridleway is ploughed, and the occupier has no right to plough it, or if there is a failure to comply with subsection (3) of the said section 119, the highway authority, after giving to the occupier not less than fourteen days' notice of their intention, may take all necessary steps for making good the surface of the path or way so as to make it reasonably convenient for the exercise of the public right of way, and may recover from the occupier the amount of any expenses reasonably incurred by the highway authority in and in connection with the exercise of their powers under this subsection.

Subsection (1) of this section shall bind the Crown.

This section shall be construed as one with the Highways Act 1959.

Any member of the public shall have, as a right of way, the right to ride a bicycle, not being a mechanically propelled vehicle, on any bridleway, but in exercising that right cyclists shall give way to pedestrians and persons on horseback.

Subsection (1) above has effect subject to any orders made by a local authority, and to any byelaws.

The rights conferred by this section shall not affect the obligations of the highway authority, or of any other person, as respects the maintenance of the bridleway, and this section shall not create any obligation to do anything to facilitate the use of the bridleway by cyclists.

Subsection (1) above shall not affect any definition of “bridleway” in this or any other Act.

In this section “mechanically propelled vehicle” does not include a vehicle falling within paragraph (c) of section 189(1) of the Road Traffic Act 1988.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 12(1) of the said Act (prohibition of cycle racing on highways) shall have effect as if the expression " public highway " included a bridleway, but without the exception for a race or trial authorised by regulations under that section.

This section has effect in England and Wales, exclusive of Greater London, as respects roads in, or forming part of, or adjacent to or contiguous with— and has effect in Scotland as respects roads in the countryside within the meaning of the Countryside (Scotland) Act 1967.

The Road Traffic Regulation Act 1967 shall have effect as respects such roads as if the list of purposes for which a traffic regulation order may be made under section 1 of that Act as set out in the paragraphs of subsection (1) of that section, included the purpose of conserving or enhancing the natural beauty of the area, or of affording better opportunities for the public to enjoy the amenities of the area, or recreation or the study of nature in the area.

Subject to subsection (4) below, in the case of any such road as aforesaid which is not a trunk road, the appropriate Minister may by order under this subsection make as respects that road for the purpose specified in subsection (2) above any such provision as he might have so made by an order under section 1 of the Road Traffic Regulation Act 1967 if that road had been a trunk road, and that Act shall apply to an order under this subsection as respects any road as it applies to an order under the said section 1 as respects a road which is for the time being a trunk road.

The Commission, or as the case may be, the Countryside Commission for Scotland, may, if they think fit, make submissions to the appropriate Minister as to the desirability of making an order as respects any road under subsection (3) above or, if that road is a trunk road, under section 1 of the Road Traffic Regulation Act 1967 ; and the appropriate Minister shall not make an order under the said subsection (3) as respects any road except after receiving such a submission with respect to that road and after consultation with the authority having power to make an order as respects that road under the said section 1.

Subject to the following provisions of this section, section 1 of the Road Traffic Regulation Act 1967, as applied for the purposes set out in subsection (2) above, shall have effect so as to authorise the making of traffic regulation orders as respects Crown roads, and orders (hereafter also referred to as " traffic regulation orders ") may be made under subsection (3) above as respects Crown roads.

The consent of the appropriate Crown authority must be given before a traffic regulation order is made as respects a Crown road.

A traffic regulation order made as respects a Crown road, notwithstanding section 97 of the said Act of 1967, shall not apply to vehicles or persons in the public service of the Crown except so far as is expressly provided in the order, and the inclusion of any such express provision in an order not made by a Minister shall require the approval of the appropriate Minister.

If a traffic regulation order is or is to be made as respects a Crown road, the local authority concerned may, after consultation with the appropriate Crown authority, place and maintain, or cause to be placed and maintained, such traffic signs of any type prescribed, or authorised, under section 54 of the said Act of 1967 as the local authority may consider necessary in connection with the order. The powers conferred by this subsection shall be exercisable subject to and in conformity with any general directions given under section 55(1) of the said Act of 1967, and any other power conferred by the said section 55 to give directions to a highway authority shall include power to give the like directions to the local authority concerned as respects the Crown road, but after consultation with the appropriate Crown authority.

The appropriate Minister may, after consulting the appropriate Crown authority, give directions to the local authority concerned with any Crown road requiring the local authority to remove, or cause to be removed, any traffic sign, within the meaning of the said Act of 1967, or any other object or device (whether fixed or portable) for the guidance or direction of persons using roads, on or in the vicinity of the road, and section 63 of the said Act of 1967 (power to enter on land) shall apply as if this subsection formed part of section 61 of that Act.

In this section— and any reference in this section to the Road Traffic Regulation Act 1967 shall be construed as a reference to that Act as for the time being in force.

Sections 93 and 94 of the Act of 1949 (restriction of traffic on roads in National Parks, etc.) shall cease to have effect.

The Minister may with the consent of the Treasury make Exchequer grants to local authorities in respect of expenditure incurred by them—

Where in consequence of an order made under the said section 28 of the Town and Country Planning Act 1962, a purchase notice is served under section 136 of that Act, then if the interest in respect of which the notice is served is purchased in accordance with Part VIII of that Act or compensation is payable in respect thereof under section 134(2) of that Act, expenditure incurred in the purchase of the interest or the payment of the compensation shall be treated for the purposes of this section as if it were expenditure incurred in the exercise of powers under the said section 28.

The Minister may with the consent of the Treasury make Exchequer grants to local authorities in respect of expenditure incurred by them falling under any of the following heads. Expenditure under section 9 of this Act, and expenditure in or in connection with the acquisition of land for the purposes of the section. Expenditure under section 10 of this Act as respects a camping site provided mainly as a stopping-place for those on their way to or from the place or area where they spend their holidays and expenditure in or in connection with the acquisition of land for the purposes of such a site. Expenditure under section 24 of the Caravan Sites and Control of Development Act 1960 as respects a caravan site in the countryside provided mainly as a stopping-place for those on their way to or from the place or area where they spend their holidays and expenditure in or in connection with the acquisition of land for the purposes of such a site. Expenditure under section 10 of this Act as respects a picnic site, and expenditure in or in connection with the acquisition of land for the purposes of such a site. Expenditure under section 12(2) of this Act. Expenditure under the Act of 1949 for the purposes of Part V of that Act (access to open country), including expenditure in or in connection with the acquisition of land for the purposes of the said Part V, and expenditure under section 20 of this Act. Expenditure in paying compensation under section 25 of this Act. As respects land in the countryside, expenditure under section 89(1) of the Act of 1949 (tree-planting), and expenditure in or in connection with the acquisition of land for the purposes of the functions conferred by the said section 89(1). Expenditure under section 92 of the Act of 1949 (appointment of wardens). Where the local authority are acting in pursuance of a scheme approved by the Minister for the removal of things disfiguring the countryside, expenditure under any enactment.

Where a local authority acting in pursuance of a scheme approved by the Minister for the removal of things disfiguring the countryside make an order under section 28 of the Town and Country Planning Act 1962, and a purchase notice is served under section 136 of that Act, then if the interest in respect of which the notice is served is purchased in accordance with Part VIII of that Act or compensation is payable in respect thereof under section 134(2) of that Act, expenditure incurred in the purchase of the interest or the payment of the compensation shall be treated for the purposes of head 10 in subsection (1) above as if it were expenditure incurred in the exercise of powers under the said section 28.

Exchequer grants shall not be payable under this section in respect of expenditure incurred before the passing of this Act.

As respects expenditure incurred after the end of the financial year in which this Act is passed, so much of section 97 of the Act of 1949 as authorises the making of grant in respect of expenditure eligible for grant under this section shall cease to have effect, and no grant shall be paid under this section in respect of expenditure (incurred before the end of the said financial year) eligible for grant under the said section 97.

Section 33 of this Act shall apply to any park or pleasure ground provided by the Lee Valley Regional Park Authority in exercise of their powers under the Lee Valley Regional Park Act 1966 which in the opinion of the Minister serves the purpose set out in section 6(1) of this Act when the considerations in paragraphs (a) and (b) of that subsection are taken into account as it applies to a country park provided under section 7.

In section 34(1) of this Act—

The Minister may with the consent of the Treasury make Exchequer grants to the said Authority in respect of expenditure incurred by the Authority under the said Act of 1966 and falling under any of the following heads. As respects land in the countryside, expenditure which, if the Authority were a local planning authority, they could have incurred under section 89(1) of the Act of 1949 for the purpose of planting trees on land in their area for preserving or enhancing the natural beauty thereof, and expenditure in or in connection with the acquisition of land for that purpose. Expenditure incurred by the Authority under section 31 of the said Act of 1966 (appointment of wardens or rangers) as respects any park or pleasure ground provided by the Authority which in the opinion of the Minister serves the purpose set out in section 6(1) of this Act when the considerations in paragraphs (a) and (b) of that subsection are taken into account, or as respects any picnic site.

Exchequer grant shall not be payable by virtue of the foregoing provisions of this section as respects any expenditure incurred before the passing of this Act.

This section has effect as respects the making to local authorities of Exchequer grants under this Act and, for expenditure incurred after the end of the financial year in which this Act is passed, as respects the making of grants under section 97 of the Act of 1949 (grants for National Parks and areas of outstanding natural beauty).

The grants shall not exceed seventy-five per cent, of the amount of the expenditure in respect of which the grants are made.

The grants shall only be payable in such cases as the Minister may approve and the Minister may give his approval either to a particular item of expenditure or to expenditure of a specified class or incurred in specified circumstances.

Subject to subsection (2) above, grants shall be of such amounts and payable at such times and subject to such conditions as the Minister may from time to time determine, either generally or in the case of any particular local authority.

The grants may be made either as periodical grants in respect of costs from time to time incurred, or treated as incurred, by a local authority in respect of the borrowing of money to defray expenditure qualifying for the grants, or as capital grants in respect of the expenditure or in substitution for such periodical grants.

The Minister shall arrange for the making of recommendations by the Commission as to the making of the grants, and for consultation with the Commission by the Minister where he proposes to make a grant not recommended by the Commission, or not to make a grant recommended by them.

For the purposes of any such grant—

In accordance with subsection (1) above, in subsection (1) of the said section 97 for the words preceding paragraphs (a) to (f) there shall be substituted the words " The Minister may with the consent of the Treasury make Exchequer grants to local authorities in respect of expenditure incurred by them in the exercise ", and subsections (2), (3) and (4) of the said section 97 (which are superseded by the provisions of this section) shall cease to have effect, but not so as to affect the application of the said section 97 to expenditure incurred before the end of the financial year in which this Act is passed.