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MILITARY LANDS ACT 1900

MILITARY LANDS ACT 1900 - LONG TITLE

An Act to amend the Military Lands Act, 1892.{1}
[8th August 1900]
County or borough council may lease land and volunteer corps may
borrow on security of lease.

MILITARY LANDS ACT 1900 - SECT 1

1.(1) The council of a county or borough holding land on behalf of
one or more volunteer corps under subsection three of section one
of the Military Lands Act, 1892, may lease the land or any part
thereof to any such corps for military purposes for a period not
exceeding ninety-nine years.

(2) The powers of a volunteer corps to borrow... under the Military
Lands Acts, 1892 and 1897, shall extend to borrowing ... on the
security of any such lease.

(3) If the volunteer corps is disbanded or the land ceases to be
used for military purposes, the lease shall vest in the Secretary
of State, subject to repayment of any money borrowed on the
security of the lease and not already repaid.

MILITARY LANDS ACT 1900 - SECT 2
Provision as to byelaws.

2.Subs.(1) rep. by SI 1964/488

(2) Where any land, the use of which can be regulated by byelaws
under the Military Lands Act, 1892, or this Act, abuts on any sea
or tidal water, or where rifle or artillery practice is or can be
carried on over any sea, tidal water, or shore, from any such
land, byelaws may be made in relation to any such sea, tidal
water, or shore, as if they were part of the land.

Provided that

(a)If any such byelaw injuriously affects or obstructs the exercise
of any private right of any person in or over any such sea, tidal
water, or shore, that person shall be entitled to compensation, and
the compensation shall, in case of difference, be ascertained in
manner provided by the Lands Clauses Acts with respect to the
compensation for land taken otherwise than by agreement; and

(b)Any such byelaw shall not injuriously affect any public right
within the meaning of this section unless made with the consent of
the Board of Trade, but the Board of Trade, if satisfied after
such inquiries and such notice and opportunity for objections as
herein-after mentioned that a restriction of any public right is
required for the safety of the public, or for the exigencies of
the military... purpose for which the area to which the byelaws
apply is used, may consent to a byelaw restricting the public right
to such extent as under all the circumstances of the case seems
reasonable; and

(c)No such byelaw shall be made in relation to any sea, tidal
water, or shore which may for the time being be vested in Her
Majesty, and under the management of the Commissioners of Woods,
without the consent in writing of such Commissioners on behalf of
Her Majesty first had and obtained for that purpose, which consent
such Commissioners are hereby authorised to give.

(3) The Board of Trade before consenting to any byelaw under this
section, shall cause notice of the byelaw to be given by
advertisement or otherwise in the locality, in order that any such
town, harbour, and other local authorities and persons as are
interested may have an opportunity for making objections to the
byelaw, and shall consider any objections made, and shall make such
inquiries as appear to the Board necessary for the purpose of
ascertaining that the byelaw will not unreasonably interfere with any
public right.

(4) For the purposes of this section "public right" means any right
of navigation, anchoring, grounding, fishing, bathing, walking, or
recreation.

(5) Where an area to which byelaws under this section apply
consists of any sea or tidal water, or the shore thereof, and the
boundaries of the area cannot, in the opinion of the authority
making the byelaws, be conveniently marked by permanent marks, those
boundaries shall be described in the byelaws, and shall be deemed
to be sufficiently marked within the meaning of section seventeen of
the Military Lands Act, 1892, if while the area is in use for
military or naval purposes, sufficient means are taken to warn the
public from entering the area.

Subs.(6) rep. by SLR 1908

MILITARY LANDS ACT 1900 - SECT 3
Extension of meaning of ""land.''

3. Section twenty-three of the Military Lands Act, 1892, shall have
effect as if the definition of "land" in that section included the
bed of the sea or any tidal water, and also any right of
interference with the free use of any land, and the Military Lands
Act, 1892, ... as amended by this Act, shall be construed
accordingly.

MILITARY LANDS ACT 1900 - SECT 4
Amendment of 1892 c.43 s.2, as to limit of time for compulsory
purchase.

4. Notwithstanding anything in section two of the Military Lands
Act, 1892, the period of three years mentioned in section one
hundred and twenty-three of the Lands Clauses Consolidation Act,
1845, shall be calculated from the passing of the Act confirming
any Provisional Order under the Military Lands Act, 1892, and not
from the passing of the Military Lands Act, 1892.

MILITARY LANDS ACT 1900 - SECT 6
Short title and construction.

6. This Act shall be construed as part of the Military Lands Act,
1892, and may be cited as the Military Lands Act, 1900, and the
Military Lands Act, 1892, the Military Lands Act, 1897, and this
Act, may be cited collectively as the Military Lands Acts, 1892 to
1900.


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URL: http://www.bailii.org/nie/legis/num_act/mla1900165.txt