89. (1) The Minister, the Commissioners or a local authority, as appropriate, may enforce an easement where the easement relates to, or has the effect of, whether in whole or in part, providing access to a national monument by members of the public or a class of members of the public.

(2) Where the Minister or a local authority conveys an estate (or part of an estate) in a registered monument to another person, then the covenants (if any) for the protection of the monument or its amenities, or for access to it (whether by the Minister or a local authority or members of the public), shall bind—

(a) that person,

(b) any person who subsequently succeeds to that estate, and

(c) any person to whom that estate is subsequently conveyed.

(3) Subsection (2) applies whether or not—

(a) in the case of a freehold covenant, any conditions under the Land and Conveyancing Law Reform Act 2009 apply to the covenant, and

(b) in the case of a leasehold covenant, the common law or equitable conditions for enforceability apply to the covenant.

(4) This section shall not operate to prejudice the generality of any power, under another enactment or a rule of law, of the Minister, the Commissioners or a local authority, to enforce an easement or covenant.

(5) The Minister may, by notice in writing, request a local authority to consider creating a public right of way, under section 206 or 207 of the Act of 2000, to a registered monument situated in the authority’s functional area.

(6) The local authority, the subject of a request under subsection (5), shall consider the request and make a recommendation thereon to its elected members within 90 days beginning on the date on which it received the request.