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Countryside Research Programme
Research Findings
Contract title
EXTENT OF LOCAL AUTHORITY JURISDICTION IN THE MARINE ENVIRONMENT

David Tyldesley and Associates
In Association with
Browne Jacobson Solicitors

December 2000

The aim of this paper is to provide a short appraisal of the above research contract which was recently completed.

Aims and Objectives

• To establish an authoritative and legally sound understanding of the extent of local authority jurisdiction in the marine environment, with particular regard to nature conservation.

Methods Employed

• The research involved desk study, library and internet research and a questionnaire survey of coastal local authorities in England and Wales.

Main Findings

• Generally, local authority jurisdiction coincides with the authority=s seaward administrative boundary which is usually low water mark.
• Jurisdiction can, but may not always, extend seaward of low water mark in Ainternal waters@ including estuaries, bays, inlets, creeks and channels.
• Public general Acts of Parliament, local Acts, Byelaws or Ministerial Orders, may extend the seaward boundary for particular purposes, for example, in the case of local authorities which are also harbour authorities.
• Generally, there is no correlation between a local authority=s interpretation of its jurisdiction and the nature of its coastline.

Recommendation

• If government wishes to introduce new powers and/or duties in respect of marine nature conservation seaward of low water mark, involving local authorities, it will be necessary to introduce specific statutory provision to extend local authority jurisdiction.

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Published 1 February 2001

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