COAST PROTECTION ACT 1949 - Section 34
Safety of Navigation
Section 34 of the Act provides that, where obstruction or danger to navigation is caused or is likely to result, the prior written consent of the Scottish Ministers is required for the construction, alteration or improvement of any works, the deposit of any object or materials or the removal of any object or materials below the level of Mean High Water Springs. The purpose of control under Section 34 is solely concerned with the safety of navigation.
The issue of a Section 34 Consent does no more than indicate that, to the extent the works may represent an obstruction or danger to navigation, they may be undertaken in accordance with any conditions laid down in the Scottish Executive's consent to minimise that obstruction or danger.
Section 34 of the Act, works covered.
The following are examples of works that require consent under the Coast Protection Act 1949, which if unlicensed could be considered a hazard to Navigation.
- Moorings
- Jetties/walkways/pontoons
- Sewer outfalls
- Fish/crab keeps
- Mussel lines
- Fish farms/cages
- Sub marine cables/pipes
- Wrecked vessels
- Permanent anchored vessel
As well as the varied list above, works on the coastline not covered by Coastal Protection or Flood Prevention regulations come under the Act. These require consent and should be treated as possible hazards to Navigation.
Related Documents
* any person wishing to place a mooring in Loch Creran on the west coast of Scotland, should, before submitting an application for Section 34 consent to the Scottish Executive, refer to the special moorings pack, which can be downloaded by following the link below.