National Parks and Access to the Countryside Act 1949 (C. 97)

Amended by:

Countryside and Rights of Way Act 2000 (C. 37)
Natural Environment and Rural Communities Act 2006 (Committee.16)

To make provision for National parks, for the creation of a Countryside Council for Wales; to confer powers on the Nature Conservancy Council and local authorities to create and maintain nature resources; to create and record public paths and to preserve natural beauty.

Functions exercisable solely by WAG or the National Assembly for Wales.

The following Ministerial functions under this Act are exercisable solely by the Welsh Ministers in relation to Wales namely:

National Parks:

sections 3 and 6: Power to give directions to the Commission.
section 4 and Schedule 1: Power to confirm the designation of a National Park.
section 12: Power to approve a local authority compulsory purchase order for the acquisition of land in a National Park for accommodation and meals.
section 13: Power to direct exercise of power by a local authority to improve waterways for open-air recreation and to improve compulsory purchase of land for this purpose.
section 14: Power, with the Treasury consent, to acquire land in a national park.

Nature Conservancy Council:

sections 17 and 18: Power to confirm compulsory purchase of establishment and maintenance of land for nature reserves by Council.
section 20: Power to confirm byelaws for nature reserves.

Long Distance Routes: Where the route or proposed route is wholly in Wales, the Ministerial functions under sections 51, 52, 55 (described below, shared powers) are exercisable solely by the Welsh Ministers in relation to Wales.

Access to Open Country:

section 63: Local authority to notify Minister of action taken for securing public access for open air recreation.
section 65: Power to confirm access orders.
section 76: Power to confirm compulsory acquisition of land by a local authority for public access for open air recreation.
section 77: Power to acquire, with Treasury consent, land for public access for open-air recreation.
section 85: Duty of the Countryside Council for Wales to report on development likely to affect the natural beauty of an area.
section 89: Power to confirm local authority�s compulsory purchase order to purchase land on which to plant trees.
section 90: Power to confirm local authority byelaws for land owned by them in a National Park or land or a waterway to which the public have access under the Act.
section 91: Default powers for the Secretary of State to make byelaws.
section 104: Power to consent the local authority�s disposal or appropriation of land held for the purposes of the Act.

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