Inland Fisheries Act 2010

62.

Right of way (acquisition).

62.— (1) IFI may apply to the Minister for an order under this section effecting the compulsory acquisition of a right of way (“required right of way”) by a particular route over any land.

(2) Every application for an order under this section shall indicate, by reference to a plan sent with the application, the right of way sought to be acquired.

(3) Where an application for an order under this section is made, subject to subsection (4), the following provisions shall apply, namely:

( a) the Minister, after considering the application—

(i) if he or she is satisfied that the right of way sought is either required to enable IFI to perform a function assigned to it under this Act or is necessary to enable fishermen to gain access to fishing waters for the purpose of lawfully fishing and, in either case, that, in the circumstances of the case, to make an order under this section would be reasonable, may make an order creating a right of way (being, as he or she thinks fit, either the required right of way or another right of way) over the proposed servient tenement, or

(ii) refuse the application,

( b) if the Minister makes an order under this section, the occupier or the owner of the proposed servient tenement may, within the period of 2 months beginning on the day on which the order is made, serve on the Minister a notice of appeal to the Arbitrator against the order, and the Arbitrator may, on such appeal—

(i) if he or she is so satisfied, confirm the order, or confirm the order but alter the route over the proposed servient tenement of the right of way thereby created, or

(ii) if he or she is not so satisfied, revoke the order,

( c) if the Minister refuses to make an order under this section, IFI may, within the period of 2 months beginning on the date of such refusal, serve on the Minister a notice of appeal to the Arbitrator against such refusal, and the Arbitrator may, on such appeal—

(i) confirm the refusal, or

(ii) if he or she is so satisfied, make an order under this section creating a right of way (being, as he or she thinks fit, either the required right of way or another right of way) over the proposed servient tenement,

( d) if the Minister makes an order under this section creating a right of way other than the required right of way, IFI may, within the period of 2 months beginning on the day on which the order is made, serve on the Minister a notice of appeal to the Arbitrator against the order, in so far as it creates a right of way other than the required right of way, and the Arbitrator may, on such appeal—

(i) confirm the order as made by the Minister, or

(ii) vary such order by substituting a right of way over the proposed servient tenement different from that specified in the order.

(4) Where an application is made under this section, neither the Minister nor the Arbitrator shall exercise the power conferred on him or her to create or substitute a right of way different from that indicated in accordance with subsection (2) without first affording to the person on whom, under paragraph 1(c)(i) of Schedule 5 , notice has been served an opportunity of stating why the power should not be exercised.

(5) The provisions contained in Schedule 5 shall, as the context requires, apply in relation to either an order under this section or an application for such an order.