Coast Protection Act, 1963
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Confirmation of scheme. |
10.—(1) When the time limited by section 9 of this Act for the sending to the promoting authority of observations in regard to a coast protection scheme, by persons on whom a notice has been served pursuant to that section, has expired, the promoting authority shall examine the observations duly sent and shall furnish to the Commissioners a report setting out those observations and the alterations (if any) (by way of variation, omission or addition) which they propose should be made in the scheme. | |
(2) Where a report under subsection (1) of this section is furnished to the Commissioners, they shall examine the report and shall either— | ||
(a) determine that no alteration is to be made in the scheme, or | ||
(b) determine the alterations (by way of variation, omission or addition) which are to be made therein. | ||
(3) (a) Where the Commissioners make a determination under subsection (2) of this section, they shall give notice of the determination to the promoting authority and thereupon that authority shall either— | ||
(i) declare that the scheme is not to be proceeded with, or | ||
(ii) declare that the scheme is to be proceeded with. | ||
(b) The making of a declaration under this subsection shall be a reserved function. | ||
(4) On receipt by the Commissioners from the promoting authority of a certified copy of a declaration under subparagraph (ii) of paragraph (a) of subsection (3) of this section, the Commissioners shall submit the coast protection scheme, accompanied by a copy of the notice sent pursuant to subsection (3) of this section, to the Minister for Finance. | ||
(5) Where a coast protection scheme is submitted under subsection (4) of this section, the Minister for Finance, after consultation with the Minister for Local Government, the Minister for Transport and Power and such other Minister or Ministers as he may consider necessary, may— | ||
(a) make an order refusing to confirm the scheme, or | ||
(b) make an order confirming the scheme, either without alterations or with such alterations (by way of variation, addition or omission) as he may consider necessary, and shall send a copy of the order to the Commissioners and to the promoting authority. | ||
(6) (a) Where an order under this section confirms a coast protection scheme with alterations (by way of variation, addition or omission), the order shall have no effect if, within one month after the receipt of a copy of the order, the promoting authority declare that the scheme is not to be proceeded with. | ||
(b) The making of a declaration under this subsection shall be a reserved function. | ||
(7) Within two months after the receipt of a copy of an order under this section confirming a coast protection scheme, the promoting authority, unless they have made a declaration under subsection (6) of this section, shall serve a copy of the order— | ||
(a) on each of the reputed proprietors, owners and rated or other occupiers of the several lands proposed to be compulsorily acquired or substantially interfered with and of the several easements, fisheries, water-rights, navigation-rights and other rights and private roads and bridges proposed to be acquired, restricted, terminated or otherwise interfered with, | ||
(b) on every person who is the local authority (not being a council to which a copy of the scheme has been sent in pursuance of subsection (1) of section 6 of this Act) charged with the maintenance of any public road or bridge proposed to be diverted, removed or otherwise interfered with, and | ||
(c) on one or more of the persons who are the trustees of any trust fund for the upkeep of works which may be interfered with by the execution of the scheme. | ||
(8) A copy required by subsection (7) of this section to be served on any person may be served by registered post and, where the address of such person is not known, the envelope containing the copy may be addressed to him at the lands or the place or situation of the right or property concerned. |