§ CONTROL OF THE SEASHORE, ADJACENT WATERS AND INLAND WATERS
§
Commons amendment:In page 79, line 31, at end insert:
(2A) A district or islands council may make, in relation to inland waters, byelaws for the same purposes as they may, under subsections (1) and (2) above, make byelaws in relation to the seashore and adjacent waters.
(2B) Byelaws may be made under this section only if—
(a) the district or islands council have complied with subsection (2C) below and made such other inquiries as may be reasonably necessary to ascertain the existence and identity of each person having—
- (i)in the case of byelaws under subsection (1) above, a proprietorial interest in the seashore;
- (ii)in the case of byelaws under subsection (2) above, a proprietorial interest in relation to the adjacent waters;
- (iii)in the case of byelaws under subsection (2A) above, a proprietorial interest in or in relation to the inland waters; and
- (iv)in any case, a proprietorial interest in any salmon fishings;
being a proprietorial interest which may be affected by the byelaws;
(b)subject to subsection (2D) below, every person whose consent is required under paragraph (a) above has consented to their being made; and
(c)the district or islands council have, in connection with their proposal to make the byelaws, consulted such person or body, if any, as appears to them to be representative of persons who engage in each sporting or recreational activity which may be affected by the byelaws.
(2C) The district or islands council shall give public notice of their proposal to make byelaws under this section and of the effect of subsection 2B(b) above in relation to that proposal in a newspaper circulating in the area where the byelaws are proposed to have effect.
(2D) If a district or islands council have complied with subsections (2B)(a)and (2C) above, but the consent of a person whose consent is required under this section cannot be obtained because his existence or identity is unknown, or he cannot be found or fails to respond in any way to a request for his consent, the council may nevertheless proceed to make the byelaws but shall not proceed earlier than one month after the date of the advertisement under subsection (2C) above or, if there were more than one advertisement, the later or last of those dates.
§
Lords amendment,in section (2B)(b),leave out
whose consent is required under
and insert
having a proprietorial interest such as is mentioned, in relation to the byelaws, in
agreed to.