Towyn Trewan Common Act 1963
| Jurisdiction | UK Non-devolved |
| Citation | 1963 c. 4 |
Towyn Trewan Common Act 1963
1963 CHAPTER 4
An Act to extinguish certain rights of common, private rights of way and other rights in respect of lands forming part of Towyn Trewan Common in the county of Anglesey, and to enable certain works to be carried out on other lands forming part of the Common; to provide for compensation in respect of the extinguishment of, or interference with, the said rights of common and private rights of way; to provide for the use by the public of a track across part of the Common; to extend the powers of the Conservators of the Common; and for purposes connected with the matters aforesaid.
[28th February 1963]
Whereas the common lands known as Towyn Trewan Common (in this Act referred to as ‘the Common’) in the parishes of Llanfair-yn-neubwll, Llechylched and Llanfaelog in the rural district of Valley in the county of Anglesey are regulated by an order (in this Act referred to as ‘the Order of 1908’) made by the Board of Agriculture and Fisheries in pursuance of the Inclosure Acts 1845 to 1899 and the Board of Agriculture and Fisheries Acts 1889 to 1903 and scheduled to and confirmed by the Commons Regulation (Towyn Trewan) Provisional Order Act 1908, and by an award (in this Act referred to as ‘the award’) made pursuant to the said Inclosure Acts for giving effect to the purposes of the Order of 1908:
And whereas the present extent of the Common is that remaining after the extinguishment by the Towyn Trewan Common Act 1950 of the rights of common formerly subsisting over part of the lands originally comprised in the Order of 1908 and the award:
And whereas provision was made by the Order of 1908 and the award for the administration of the purposes thereof by a body of Conservators appointed in accordance with the Order of 1908 (in this Act referred to as ‘the Conservators’):
And whereas it is expedient that such rights of common, private rights of way and rights or privileges exercisable by the public or any section of the public as subsist in respect of certain lands forming part of the Common (being lands acquired or proposed to be acquired by the Secretary of State for the defence of the realm or the purposes of Her Majesty's air force) should be extinguished by the authority of Parliament:
And whereas it is expedient to authorise the carrying out of certain works on other lands forming part of the Common, to provide for compensation in respect of the extinguishment of, or interference with, rights of common and private rights of way by virtue of this Act, and to provide for certain other matters as hereinafter mentioned:
And whereas in connection with the Bill for this Act plans and a section (in this Act referred to as ‘the deposited plans and section’) have been deposited with the clerk of the administrative county of Anglesey and in the Office of the Clerk of the Parliaments and the Private Bill Office of the House of Commons, together with a book of reference to the deposited plans and section containing the names of the owners or reputed owners, lessees or reputed lessees, and occupiers, of the lands in respect of which rights of common and private rights of way are to be extinguished, or may (otherwise than with the permission of the Conservators) be interfered with, by virtue of this Act:
Be it therefore 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:—
1 Extinguishment of rights of common and other rights.
(1) As from the passing of this Act—
(a ) all such rights of common as immediately before the passing of this Act subsisted in or over any part of the land to which this section applies, and
(b ) all such rights or privileges of access, recreation or playing games as immediately before the passing of this Act were exercisable by the public or any section of the public in respect of any part of that land, and
(c ) all duties, powers and rights of the Conservators in respect of that land,
are hereby extinguished, and the Order of 1908 and the award shall have effect as if the land to which this section applies did not form part of the Common.
(2) The land to which this section applies is the land delineated on Sheet No. 1 of the deposited plans and section and shown thereon as the land in respect of which rights are to be extinguished by this Act.
(3) In this Act ‘rights of common’, in relation to any land, means all such rights as, on a compulsory acquisition of that land under an enactment incorporating all the provisions of the Lands Clauses Consolidation Act 1845, would (subject to compliance with the requirements of that Act) be capable of being extinguished by virtue of section 99 or section 107 of that Act.
2 Provision for new drain and accessory works.
(1) For the purpose of carrying away storm water from the land to which the preceding section applies, the Secretary of State is hereby...
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