New Forest Act 1964

JurisdictionUK Non-devolved
Citation1964 c. 83


New Forest Act 1964

1964 CHAPTER 83

An Act to alter the perambulation of the New Forest, to make further provision for the New Forest, to amend the New Forest Acts 1877 to 1949 and for purposes connected with the matters aforesaid.

[31st July 1964]

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:—

S-1 Alteration of perambulation of New Forest.

1 Alteration of perambulation of New Forest.

1.—(1) (a ) Subject to the provisions of this Act the perambulation of the New Forest shall be altered so as to include the areas shown coloured pink on the deposited plans (hereinafter referred to as ‘the added areas’) and so as to exclude the areas shown coloured green on the said plans (hereinafter referred to as ‘the excluded areas’).

(b ) The perambulation of the New Forest as altered by paragraph (a ) of this subsection shall be that shown by the inner edge of the red line on the deposited plans.

(2) The powers of the verderers under the New Forest Acts 1877 to 1949 and the provisions of the byelaws made by the verderers under those Acts and for the time being in force shall extend and apply within the added areas and shall cease to apply within the excluded areas.

(3) The byelaws made from time to time by the Forestry Commissioners under section 2 of the Forestry Act 1927 with respect to the New Forest shall subject to the provisions of that section and of section 16(3) of this Act apply to any lands within the added areas over which rights of common of pasture exist.

(4) Subject to the provisions of this Act the lands which are designated on the additional plans certified under section 4(4) of the New Forest Act 1949 (hereinafter referred to as ‘the Act of 1949’) as extended by section 2(3) of this Act as lands to which are attached rights of common of pasture or a privilege of pasture over any part of the added areas shall be treated as lands to which are attached rights of common of pasture within the perambulation of the New Forest as altered by this Act.

(5) (a ) In this Act ‘the deposited plans’ means the plans deposited in connection with the Bill for this Act in the office of the Clerk of the Parliaments House of Lords and in the Private Bill Office of the House of Commons and with the Clerk of the Hampshire County Council and the Clerk of the Wilts County Council on 25th November 1963 and the plan so deposited on 24th February 1964 and ‘the deposited book of reference’ means the book of reference to the deposited plans deposited in the offices and with the Clerks aforesaid on 25th November 1963 containing the names of the owners or reputed owners, lessees or reputed lessees, and occupiers of the land which may be used under the provisions of section 3 of this Act.

(b ) The sheet numbered 2 in the plans deposited in the offices and with the Clerks aforesaid on 25th November 1963, having been superseded by the plan so deposited on 24th February 1964, shall be deemed to be omitted from the said plans.

S-2 Designation of additional lands entitled to rights of common of pasture, etc.

2 Designation of additional lands entitled to rights of common of pasture, etc.

(1) In this section ‘the additional plans’ means the plans referred to in subsection (2) of this section.

(2) The Forestry Commissioners shall, after consultation with to the owners of lands within the added areas over which rights of common of pasture exist or over which a privilege of pasture was exercisable on 1st December 1963, prepare additional plans designating the lands to which are attached rights of common of pasture over any part of the added areas, specifying in relation to the lands the rights attached thereto respectively and also designating the lands to which a privilege of pasture over any part of the added areas was attached on 1st December 1963 specifying in relation to the lands the nature of that privilege.

(3) The provisions of section 4(2), 4(3) and 4(4) of the Act of 1949 shall extend and apply for the purpose of regulating the manner in which the additional plans are to be brought to the notice of persons concerned, the manner in which any objection to the additional plans is to be determined and the manner in which copies of the additional plans are to be certified.

(4) The copies of the additional plans certified under section 4(4) of the Act of 1949 as extended by the last foregoing subsection shall be conclusive for all purposes whether any, and if so what, rights of common of pasture are attached to any land shown on the additional plans and whether any, and if so what, privilege of pasture is attached to any such land.

(5) One of the said copies of the additional plans shall be deposited and kept at the Public Record Office, and the other shall be kept at the office of the verderers and shall be available for inspection at all reasonable times on payment of such fee not exceeding one shilling as the verderers may determine.

S-3 Fencing, etc.

3 Fencing, etc.

(1) In this section ‘the hatched areas’ means the lands shown hatched black on the deposited plans and described in the deposited book of reference.

(2) Notwithstanding anything in any other enactment or any right of the commoners, the verderers may on a presentment and with the consent of the Minister of Agriculture, Fisheries and Food (hereinafter referred to as ‘the Minister’) erect a fence or fences along or adjacent to the perambulation of the New Forest as altered by this Act for the purpose of containing animals within the perambulation of the New Forest as so altered and regulating access by animals thereto:

Provided that:—

(a ) the powers conferred upon the verderers by this subsection shall only be exercisable on land forming part of the open waste lands of the Forest or on land within the hatched areas;

(b ) the verderers shall exercise their powers under this subsection with due regard to the interests of amenity;

(c ) the verderers shall not exercise their powers under this subsection within the prescribed distance from the centre line of any highway which consists of or comprises a made-up carriageway as defined by the Highways Act 1959 without the consent of the highway authority and otherwise than in accordance with such conditions as they may impose.

(d ) in exercising their powers under this subsection the verderers shall provide to the satisfaction of the Minister sufficient gates to permit reasonable access by animals to land within the perambulation of the New Forest as so altered and sufficient gates or stiles to permit reasonable public access thereto on foot.

(3) The verderers may with the consent of the Minister enter into such agreement with a highway authority as may be requisite for the purpose of securing the provision, alteration, improvement and maintenance of cattle-grids by that authority under the powers conferred by Part V of the Highways Act 1959.

(4) Notwithstanding anything in any other enactment or any right of the commoners, the verderers may with the consent of the Minister erect drift fencing at such places within the open waste lands of the Forest and at such other places within the hatched areas as they consider expedient for reducing danger to animals from vehicular traffic and danger to such traffic from animals:

Provided that:—

(a ) the verderers shall exercise their powers under this subsection with due regard to the interests of amenity;

(b ) the verderers shall not erect drift fencing within the prescribed distance from the centre line of any highway which consists of or comprises a made-up carriageway as defined by the Highways Act 1959 without the consent of the highway authority and otherwise than in accordance with such conditions as they may impose.

(5) For the purposes of subsections (2) and (4) of this section the prescribed distance shall be thirty-five feet in the case of a trunk road and twenty-five feet in the case of any other highway.

(6) Notwithstanding anything in any other enactment or any right of the commoners, where the verderers are satisfied that there is within the perambulation of the New Forest as altered by this Act an unfenced or inadequately fenced source of danger to persons or animals they may with the consent of the Minister erect such fencing as will obviate the danger:

Provided that nothing in this subsection shall prejudice or derogate from the powers of a local authority under section 144 of the Highways Act 1959.

(7) (a ) In any case in which, under the powers conferred on them by the foregoing subsection, the verderers propose to erect fencing on or adjacent to any land they shall, before applying to the Minister for his consent, serve notice on the owner and occupier of such land (unless, in either case, his identity cannot after reasonable enquiry be ascertained) specifying their proposals and the period, which shall not be less than twenty-eight days, within which notice of objection to the proposals may be sent in writing to the verderers, and including notice of the right of appeal under paragraph (b ) of this...

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