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Coastal issues

Review of the Byelaw Powers for the Coast

An Inter - Departmental Working Party (Chaired by the Department of the Environment) was established in 1994, tasked with reviewing existing byelaw powers for the coast. These powers are given to local authorities under:

  • Public Health Acts Amendment Act 1907, Sections 82 - 84
  • Public Health Act 1936, Section 231
  • Public Health Act 1961, Section 76
  • Local Government Act 1972, Section 235
  • Local Government (Miscellaneous Provisions) Act 1976, Section 17
  • Local Government, Planning and Land Act 1980, Section 185

In 1998 a report on the Inter-Departmental Working Party's findings was published. The 59 recommendations for further action were based on the Working Party's research and consideration of the responses from a discussion paper (1996).

The byelaw review's main recommendations were:

  • local authority powers should be consolidated and updated. That would mean local coastal byelaws being consolidated under a single statutory provision and updated to reflect modern forms of coast-related recreation, such as jet skiing and power boating;
  • powers should include the ability to provide exclusive bathing zones - areas where all types of craft, powered and non-powered, can be excluded; and
  • in addition to specific powers, local authorities should be given more general byelaw powers to regulate activities affecting the wider environment.

The review was held as a result of concerns raised that current byelaw making powers were not effective in regulating activities on the coast. Principal concerns were that powers were out of date and did not address modern recreation modes and styles or management of coastal recreation in the interests of safety of the public. The resulting 59 recommendations in the report addressed these concerns through a mixture a voluntary and legislative methods.

The Government has no current plans to legislate to change local authority byelaw powers. The Guide for managing coastal activities provides guidance for local authorities on their powers to regulate activity and their responsibilities to promote good practice among all users of the coast. As well as describing the powers that can be used to control jet skis and other recreational craft, it gives examples of successful mixes of voluntary and legislative action (including zoning and enforcement) by local authorities. Please note that there is an updated Appendix 2 new - added March 2004 to this Guide giving contact details for authorities, agencies and other bodies. This should replace the one in the original document above.

For further information on coastal issues, please contact: the Department for Environment, Food and Rural Affairs, Sponsorship, Landscape & Recreation Division, Zone 1/02 , Temple Quay House, 2 The Square, Temple Quay, Bristol, BS1 6EB.

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Page last modified: 15 February 2007

Department for Environment, Food and Rural Affairs