Section 4 Exercise of powers in relation to Crown land in private occupation.I1

The powers exercisable in the case of any authorisation by virtue of section 2 shall be exercisable in relation to any Crown land only to the extent that it is land which any person is entitled to occupy by virtue of a private interest (whether it is an interest in land or arises under a licence).

In subsection (1)—

• “Crown land” means land in which there is a Crown interest or a Duchy interest; and

• “private interest” means an interest which is neither a Crown interest nor a Duchy interest;

and for this purpose—

• “Crown interest” means an interest—

  1. (a)

     belonging to Her Majesty in right of the Crown (including the Crown in right of Her Majesty’s Government in Northern Ireland), or

  2. (b)

     belonging to a government department or Northern Ireland department,

  or an interest held in trust for Her Majesty for the purposes of any such department; and

• “Duchy interest” means an interest belonging to Her Majesty in right of the Duchy of Lancaster or belonging to the Duchy of Cornwall.