UK Legislation and Regulatory System

There is an historic common law duty on the Crown to protect the coast and a statutory body assuming the Crown’s duty may also take such action. Additionally, the right for landowners to protect their property is a longstanding legal principle. However, such individuals do not have to exercise these rights and landowners constructing sea-walls for their own benefit are not obliged to maintain these to protect others. Nevertheless, recent case law has shown that an occupier of coastal land owes a measured duty of care at common law in this respect.

The role of the State in relation to coastal defence
Over the last century the State has assumed a more significant role related to coastal defence, including the:

Within the evolution of relevant statute law, a more holistic view of coastal defence has been assumed, including:

Despite the inter-relation of physical and ecological coastal systems and the convergence of coastal defence policy and administration at national levels, the legislation relating to coastal defence remains divided into two separate legal systems relating to:

Both of these acts are covered further below.

Coast Protection

The Coast Protection Act 1949 aims to provide a co-ordinated, centrally-regulated approach to coastal protection works supported by Government grant aid.

Under the Act such works relate to the construction, alteration, improvement, repair, maintenance, demolition or removal of works for the purpose of protecting land against erosion or encroachment by the sea. The Act entrusts responsibility for coast protection work to “Coast Protection Authorities” (nominally maritime district or unitary councils), who are given powers to perform such duties in connection with the protection of land within the limits of their jurisdiction imposed by the Act.

It should be noted that the CPA is enabling legislation and does not carry with it any requirement, although a Coast Protection Authority owes a common law duty of care in performing its functions. It should also be noted that land may be compulsorily acquired to enable the Coast Protection Authority to carry out work or repair.

Under s.34 of the Coast Protection Act (as amended by s.36 of the Merchant Shipping Act 1988), the consent of the Secretary of State for Environment, Food and Rural Affairs is required for works causing physical changes or obstructions resulting in adverse effects on navigation below MHWS.

The introduction of environmental regulations extended s.34 such that account must additionally be taken of potential environmental effects. A s.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 Secretary of State’s consent to minimise that obstruction or danger.

A Coast Protection Authority's consent is normally valid for three years. However, in order that applicants can make a joint application for a Food and Environmental Protection Act (1985) licence, the duration of a consent may be amended so as to bring the expiry dates of both consents into alignment

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Flood Defence Works

The Water Resources Act 1991 and the Land Drainage Act 1991 (amended by the Land Drainage Act 1994) provide the enabling primary legislation for sea defence works for the control of flooding.

The term ‘drainage’ in the Water Resources Act 1991 and the Land Drainage Act 1991 is defined as “defence against water, including sea water; irrigation and warping”, and therefore covers both coastal and inland flood defence.

The Environment Act 1995 amended this definition to include the management of water levels as part of the roles of the Environment Agency, Internal Drainage Boards (IDBs) and LAs. It should also be noted that the Water Resources Act 1991 provides for drainage works for the purpose of defence against sea water or tidal water.

Other Legislation

Important provisions are also contained in other primary legislation, including that which is primarily concerned with environmental matters (e.g. the Environment Act 1995), public health issues (e.g. the Public Health Acts of 1936 and 1961), and local government functions and responsibilities (e.g. the Local Government Act 1972 and the Local Government (Wales) Act 1994).

The most recent Water Act 2003, though dealing largely with water resource issues, includes a number of important provisions amending the regulatory system relating to flood defence organisation and funding. Streamlined arrangements for flood defence organisation and provisions for block grants for flood defence work are provided for, informed by Defra and NAW’s recent Flood and Coastal Defence Funding Review (FCDFR)

How the Environment Agency comply with the relevant legislation is set out in Grant Memorandum

Grant Memorandum - Flood Risk Management (pdf 167KB)

Grant Memorandum for Coastal Erosion (pdf 181KB)