Robert Dowds (Dublin Mid West, Labour) | Oireachtas source

Okay. I will do the best I can. Finally, this section of the Bill outlines the appeals procedure. A landowner who objects to the making of a declaration can appeal to An Bord Pleanála. Section 3(4)(d) proves that "an application for the Board's consent ... [must be made by the council] within 4 weeks after the expiry of the time allowed for submitting an objection".

Section 4 sets out the consequences of a declaration that land is access land. Section 4(1)(a) provides that in such circumstances "subject to compliance by entrants with any ... bye-laws ... there is a right of access to the land and members of the public are entitled, without let or hindrance from any person with an interest in the land ... to enter onto and remain on it for amenity and recreational purposes". Section 4(1)(b) provides that "for the purposes of the Occupiers Liability Act 1995 ... there is deemed to be no occupier of the land, no person exercising control over the state of the land and no person owing any [duty in law to] entrants" onto the land. In other words, people go onto the land entirely at their own risk. Therefore, as section 4(1)(c) makes clear, no legal action can be taken "against any such occupier or owner [of access land] by or on behalf of an entrant for damages for personal injuries". This exemption from civil liability does not extend to actions that would constitute a criminal offence.

Section 5 provides that a county council may not make any "payment to a person with an interest in" land that is declared to be access land unless it believes "the declaration would constitute a significant diminution of the current use value of the land", which I appreciate is something that could arise.

Section 6 enables a county council to "make bye-laws relating to access land". I am skipping over some of this to save time. Section 6(2) provides that such "bye-laws may relate to":

(a) access and egress by prescribed routes or during prescribed hours, days or seasons,

(b) limits on numbers of persons who may have access at any particular time or times,

(c) prohibited or restricted activities, including hunting, camping, parking, lighting fires, littering and the introduction of mechanically propelled vehicles or domestic animals onto the land, and

(d) any condition which the county council believes is reasonably necessary to secure and maintain responsible communal access, while maintaining both its amenity and recreational value and [where appropriate] its value .... as a special area of conservation.

Section 7 deals with access routes. Section 7(1) provides that a county council may:

enter into agreement with a landowner, upon and subject to such terms and conditions as may be agreed, for the provision or the maintenance, or for both the provision and the maintenance, by the landowner of a defined route--

(a) from a public road to--

(i) access land [declared as such under the Bill], or

(ii) any other land of amenity, heritage or recreational value (including but not limited to woodland, foreshore, rivers, canals, lakes, national parks and national monuments) [or other land] to which the public have access whether as of right or by permission and whether subject to, or free of, charge.

Section 7(2) provides that an agreement "may include terms or conditions as to the provision and maintenance of signs .... fences [and so on] or anything else necessary to facilitate use of the route by members of the public". Section 7(3) provides that if an agreement for an access route is made, and "subject to compliance by entrants with any .... bye-laws .... members of the public are entitled, without let or hindrance from any person with an interest in the land, to enter onto and make use of the route for the purpose of access to and egress from access land". Section 7(4) enables a county council to "provide vehicle parks, stiles and gates, safety equipment," and so on.

Section 8 sets out the rules-----

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