Norfolk and Suffolk Broads Act 1988
| Year | 1988 |
Norfolk and Suffolk BroadsAct 1988
CHAPTER 4
An Act to establish an authority to be known as the Broads Authority; to make provision with respect to its powers; to make provision with respect to the area commonly known as the Broads and with respect to the Great Yarmouth Port and Haven and its Commissioners; to provide for the making of grants to the Authority by the Secretary of State; and for connected purposes.
[15th March 1988]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same as follows:—
Part I
The Broads Authority
1 The Broads Authority.
(1) There shall be a body corporate, to be known as the Broads Authority, which shall perform the functions conferred on it by this Act.
(2) In this Act the Broads Authority is referred to as ‘the Authority’.
(3) The Authority shall consist of—
(a) eighteen members appointed as follows—
four by Norfolk County Council;
two by Suffolk County Council;
two by Broadland District Council;
two by Great Yarmouth Borough Council;
two by North Norfolk District Council;
two by Norwich City Council;
two by South Norfolk District Council;
two by Waveney District Council;
(b) fifteen members appointed as follows—
two by the Countryside Commission;
one by the Nature Conservancy Council;
two by the Great Yarmouth Port and Haven Commissioners;
one by the Anglian Water Authority;
nine by the Secretary of State; and
(c) two members appointed by the Authority from those members of its Navigation Committee (established under section 9 of this Act) who are not already members of the Authority.
(4) A member appointed by a participating authority (that is to say by one of the local authorities mentioned in subsection (3)(a) above) shall be appointed from among the members of that authority.
(5) Not less than three of the members appointed by the Secretary of State shall be appointed by him after consultation with such bodies appearing to him to represent boating interests as he considers appropriate.
(6) Not less than two of the members appointed by the Secretary of State shall be appointed by him after consultation with such bodies appearing to him to represent farming and landowning interests as he considers appropriate.
(7) Schedule 1 to this Act shall have effect for the purposes of supplementing this section.
2 Functions of Authority: general.
(1) It shall be the general duty of the Authority to manage the Broads for the purposes of—
(a) conserving and enhancing the natural beauty of the Broads;
(b) promoting the enjoyment of the Broads by the public; and
(c) protecting the interests of navigation.
(2) So far as it relates to navigation, subsection (1) above is subject to the Commissioners' functions in respect of navigation within the Haven.
(3) In this Act ‘the Broads’ means, subject to—
(a) the variations made by Part I of Schedule 2 to this Act; and
(b) any variation made in accordance with the provisions of Part II of that Schedule;
the area coloured pink on the deposited map.
(4) In discharging its functions, the Authority shall have regard to—
(a) the national importance of the Broads as an area of natural beauty and one which affords opportunities for open-air recreation;
(b) the desirability of protecting the natural resources of the Broads from damage; and
(c) the needs of agriculture and forestry and the economic and social interests of those who live or work in the Broads.
(5) Part I of Schedule 3 to this Act shall have effect to amend certain provisions of the law relating to planning and connected matters, the main purpose of the amendments being to provide for the Authority to be the sole district planning authority in respect of the Broads.
(6) The Authority shall have the miscellaneous functions set out in Part II of Schedule 3.
(7) The Authority shall have power to do anything which is necessary or expedient for the purpose of enabling it to carry out its functions, or for incidental purposes, including power—
(a) to acquire, manage, reclaim and dispose of land or other property;
(b) to carry out any building or other operations; and
(c) to carry on any business or undertaking.
3 The Broads Plan.
(1) The Authority shall, before the end of the period of three years beginning with the operative date, prepare and publish a plan (to be known as ‘the Broads Plan’) setting out its policy with respect to the exercise of its functions.
(2) The Authority shall review the Broads Plan at least once in every five years.
(3) If, as a result of any such review, the Authority is of the opinion that it is appropriate to vary the Broads Plan, it shall do so in such manner as it thinks fit.
(4) The Authority shall publish a report on the result of any review carried out under this section and the report shall set out the variations (if any) which the Authority has made following the review.
(5) Before preparing or varying the Broads Plan the Authority shall—
(a) publish a draft of its proposals; and
(b) consult each of the appointing authorities, the internal drainage board for each internal drainage district which is wholly or partly within the Broads and such other bodies as appear to it to represent interests likely to be concerned.
(6) The Authority shall send to the Secretary of State a copy of any plan, or variation, published under this section.
4 Conservation of areas of natural beauty.
(1) The Authority shall—
(a) before the end of the period of two years beginning with the operative date, prepare a map showing any areas within the Broads whose natural beauty it is, in the opinion of the Authority, particularly important to conserve; and
(b) at least once in every five years, review the particulars shown on the map and make such variations (if any) as it considers necessary.
(2) The Authority shall cause any map prepared or varied under this section to be printed and copies of it to be on sale to the public at such reasonable prices as the Authority may determine.
(3) Before preparing or varying any such map, the Authority shall consult—
(a) the Nature Conservancy Council; and
(b) such bodies as appear to the Authority to represent persons who have an interest in matters affecting the area, or any part of the area, in question.
(4) The Countryside Commission shall issue, and from time to time review, guidance for the Authority with respect to the exercise of its functions under this section; and in considering for the purposes of this section whether any area is one the natural beauty of which it is particularly important to conserve, the Authority shall act in accordance with that guidance.
(5) Before issuing, or reviewing, any guidance under subsection (4) above, the Countryside Commission shall consult—
(a) the Nature Conservancy Council; and
(b) such bodies appearing to the Commission to represent interests concerned as it considers appropriate.
5 Notification of certain operations within the Broads.
(1) Where they are satisfied that it is expedient to do so, the Ministers may by order specify, for the purposes of this section—
(a) such areas of grazing marsh, fen marsh, reed bed or broad-leaved woodland; and
(b) such operations appearing to them likely to affect the character or appearance of one or other of the areas so specified;
as they think fit.
(2) No person shall carry out on any land which is within an area so specified any operation which is so specified unless he has, after the making of the order, given written notice to the Authority specifying both the nature of the proposed operation and the area in which it is proposed to carry it out and—
(a) the Authority has consented in writing to the carrying out of the operation; or
(b) the Authority has neither given nor refused such consent and a period of three months beginning with the date on which the notice required by this subsection was duly given has expired; or
(c) the Authority has refused its consent and a period of twelve months beginning with that date has expired.
(3) Any person who contravenes subsection (2) above without reasonable excuse shall be liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to a fine.
(4) Where the Authority is given any notice under this section it shall forthwith send copies of the notice to the Ministers, the Nature Conservancy Council and the Countryside Commission.
(5) Any person authorised in...
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