MILITARY LANDS ACT 1900 - SECT 2 Provision as to byelaws.

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MILITARY LANDS ACT 1900 - SECT 2

Provision as to byelaws.

2.Subs.(1) rep. by SI 1964/488

(2) Where any land, the use of which can be regulated by byelaws under the
Military Lands Act, 1892, or this Act, abuts on any sea or tidal water, or
where rifle or artillery practice is or can be carried on over any sea, tidal
water, or shore, from any such land, byelaws may be made in relation to any
such sea, tidal water, or shore, as if they were part of the land.

Provided that

(a)If any such byelaw injuriously affects or obstructs the exercise of any
private right of any person in or over any such sea, tidal water, or shore,
that person shall be entitled to compensation, and the compensation shall, in
case of difference, be ascertained in manner provided by the Lands Clauses
Acts with respect to the compensation for land taken otherwise than by
agreement; and

(b)Any such byelaw shall not injuriously affect any public right within the
meaning of this section unless made with the consent of the Board of Trade,
but the Board of Trade, if satisfied after such inquiries and such notice and
opportunity for objections as herein-after mentioned that a restriction of any
public right is required for the safety of the public, or for the exigencies
of the military... purpose for which the area to which the byelaws apply is
used, may consent to a byelaw restricting the public right to such extent as
under all the circumstances of the case seems reasonable; and

(c)No such byelaw shall be made in relation to any sea, tidal water, or shore
which may for the time being be vested in Her Majesty, and under the
management of the Commissioners of Woods, without the consent in writing of
such Commissioners on behalf of Her Majesty first had and obtained for that
purpose, which consent such Commissioners are hereby authorised to give.

(3) The Board of Trade before consenting to any byelaw under this section,
shall cause notice of the byelaw to be given by advertisement or otherwise in
the locality, in order that any such town, harbour, and other local
authorities and persons as are interested may have an opportunity for making
objections to the byelaw, and shall consider any objections made, and shall
make such inquiries as appear to the Board necessary for the purpose of
ascertaining that the byelaw will not unreasonably interfere with any public
right.

(4) For the purposes of this section "public right" means any right of
navigation, anchoring, grounding, fishing, bathing, walking, or recreation.

(5) Where an area to which byelaws under this section apply consists of any
sea or tidal water, or the shore thereof, and the boundaries of the area
cannot, in the opinion of the authority making the byelaws, be conveniently
marked by permanent marks, those boundaries shall be described in the byelaws,
and shall be deemed to be sufficiently marked within the meaning of section
seventeen of the Military Lands Act, 1892, if while the area is in use for
military or naval purposes, sufficient means are taken to warn the public from
entering the area.

Subs.(6) rep. by SLR 1908

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Northern Irish Legislation

MILITARY LANDS ACT 1900 - SECT 2