Access to Countryside
The Access to the Countryside (Northern Ireland) Order 1983 follows similar legislation in the United Kingdom. The legislation dates back to after World War II in the United Kingdom. It sets out broad rights of public access, particularly to hill and mountain areas.
A District Council may assert, keep, and protect open, free from obstruction and encroachment, any public right of way. The District Council may take proceedings in its own name. The council may, after consultation with the landowner, maintain any public right of way. This does not relieve any person from liability to maintain it. District Councils are to compile and preserve maps and other records of public rights of way within their district.
District Councils may, after consultation with the owner or occupier of the land concerned, erect and maintain signposts and other similar works on any public right of way.
Any stile, gate, or similar structure across a public right of way must be maintained by the owner in a safe condition, to the standard of repair required to prevent unreasonable interference with the rights of persons using the right of way. If this duty is not being complied with, the council may take steps to repair, having given 14 days’ notice. It may recover the costs reasonably incurred from the owner or occupier.
The District Council is to contribute at least a quarter of expenses which it is satisfied have been reasonably incurred in compliance with the above obligation. It may make further contributions as it considers reasonable.
The above obligation does not apply for as long as there is an agreement in writing with another person to maintain the structure on behalf of the District Council or under certain other conditions.
A lessee, owner, or occupier of land used for agriculture or forestry may apply to the District Council to erect stiles, gates, and structures to prevent animals crossing the land, animals exiting, or entering the land. The stiles, gates, and structures may be subjected to such other conditions as the District Council specifies.
Where a public right of way crosses lands used for agriculture, its occupier may have the right to plough it if this is in accordance with good farming and forestry practice. And it is convenient, in so ploughing the land, to plough the way together with the remainder of the land. The District Council should be notified. The right to plough may be excluded.
An application may be made to the District Council to vary the right of way during the period of ploughing. The District Council may so permit it by order, which must be placed in a prominent position around the diversion.
An occupier of a field or enclosure through which there is a public right of way is guilty of an offence if he permits a bull to be at large in the field. There is an exception where the bull is under ten months or is not of a recognised dairy breed and is at large in any field or enclosure in which cows and heifers are also at large.
It is an offence to place a false or misleading notice deterring the use of a right of way.
A District Council may enter into a public path creation agreement with a person having the necessary power. This may provide for payment and may be subject to limitations and conditions.
On the creation of a public path by agreement or compulsory order, the council has to carry out such works as appear to be necessary to bring it into a fit state for use by the public.
Where it appears to the District Council that it is expedient that a public path should be closed on the ground that the path is not needed for public use, it may make a public path extinguishment order. This is not valid until submitted to the Department of the Environment and confirmed. The Department must form the view that it is expedient to extinguish the path, having regard to the extent that it is likely to be used by the public and the effect it would have on lands served by the path.
There is a similar power to make a public path diversion order. The same must be confirmed by the Department.
The Department itself may make a public path extinguishment order or diversion order where it is satisfied it is necessary to do so to enable development to be carried out in accordance with the planning permission. The planning permission to be carried out by a government department.
The District Council may allow temporary closures or diversions of public paths, if it is expedient in the interest of forestry or farming. The closure may not exceed three months. The council is to take into account the interest of path users.
Notice of the closure order must be given in a prominent position and maintained there.
A member of the public has a right to pedal a pedal cycle on a public path. He must give way to cyclists and persons on horseback. This is subject to such bye-laws as may be made by the council. There is no obligation to facilitate the use of a public path by cyclists.
Where the District Council considers the public should be entitled to make extensive journeys on foot, cycle, or horseback along a particular route, being a route for the whole or greater part of which does not pass along roads mainly used by vehicles, it may prepare and submit to the Department a report for a long-distance route.
The report is to contain details of the proposals and route, an estimate of capital outlay and expenditure to be incurred by the council and others, and representations made by the public. The council must consult such bodies and persons as appear to be affected or have an interest or expertise in relation to the proposals.
The Department shall consider the plan and may approve the proposal with or without modifications. If it is approved, the District Council shall secure its implementation.
A long-distance route may include proposals for the provision and operation of a ferry. Where the ferry involves works on a waterway, it must consult every authority which has functions in relation to the waterway.
Facilities for accommodation, toilet facilities, meals, and refreshments may be provided under the proposal. Buildings may be erected links as may be necessary or expedient.
Further provisions apply for the purpose of enabling the public to have access for open-air recreation to open country. It applies to land to which the below provisions apply by an access agreement or access order. In this context, open country means land appearing to the District Council or Department to consist wholly or predominantly of mountain, moor, heath, hill, woodland, cliff, foreshore, marsh, bog, or waterway.
A person who enters land comprised in an access agreement or order for the purpose of open-air recreation without causing damage or is on such land is not treated as a trespasser or incurs liability by reason only of entering or being on the land.
This does not entitle the person to do anything in contravention of a prohibition under any statute. It does not apply to land, which is excepted land unless an access agreement to provide it is to apply.
An access agreement or order may specify restrictions subject to which persons are, on entering or being on the land. This may be in respect of particular times. T
he following general restrictions apply to persons having rights of access above. This does not apply to a person who, without lawful authority, drives or rides a vehicle; lights any fire; takes, or allows to remain, any dog not under proper control; kills, takes, or molests any animal, bird, or fish; takes or injures eggs or nests; engages in any operation in connection with hunting, shooting, fishing, snaring, taking, or destroying animals, or brings any apparatus for such a purpose; wilfully interferes or damages the land or anything on it; breaks through any hedge, fence, or wall or neglects to shut any gate or to fasten it; affixes or writes any advertisement, bill, placard, or notice; deposits any rubbish or litter; wantonly disturbs, annoys, or obstructs any person engaged in a lawful occupation.
Excepted land is land which is not within the following descriptions. However, land comprised in an access agreement is not excepted by reason of any development carried out if it is development for which planning permission is required and the planning permission has either not been granted or is subject to contravention.
A person interested in land comprised in an access agreement is not to carry out work whereby the area to which the public are able to have access is substantially reduced. This may vary restrictions or covenants affecting the land.
An access agreement or order may make provision to ensure that safe and sufficient access is available to the public. It may include provision for improvement and repair, construction of new means of access, carrying out works to protect persons who are on land from damage or injury due to the state of the land, restrictions as to the destruction, removal, alteration, or closure of means of access or of any works by doing anything by which public access may be impeded or safety endangered, or maintenance of such means of access and of works.
The District Council and owner may agree relating to any works required above. The District Council may agree or contribute to the cost. If the District Council is unable to enter an agreement, and the owner fails to carry out works which he has agreed to carry out within a reasonable period, if the District Council is unable to make an agreement or having made an agreement fails to carry out works, the District Council may, after giving notice, not less than 14 days, take steps to do the work and may recover the cost of less the District Council’s contributions, which indicates an agreement may recover the amount due by way of contribution from the owner.
District Councils have powers to enforce access. They may serve notices on persons carrying out works required to remedy a contravention of access. It may take steps if the person who is notified fails to take steps to allow access. A person on whom a notice is served may appeal to the Magistrates’ Courts within the period specified in the notice.
If the District Council is satisfied by reasons of weather, the public access ought to be suspended to avoid fires, it may direct. The public access does not apply during the direction.
District Councils have power to acquire land for the purpose of public access. It may be acquired compulsorily if it is impracticable to obtain access by agreement.
The council may undertake works on land once acquired.
The Department has powers to acquire land for the same purposes.
District Councils are obliged to keep maps, defining areas which have been subject to access agreements or have been acquired for rights of public access. It shall define land comprised which is excepted land.
It shall make copies of the maps available to the public. It shall display maps and reproductions and appropriate extracts at appropriate locations, as it sees fit. Access orders or agreements may be varied to avoid danger to the public. It may be delimited to exclude land which, by reason of anything done on or adjoining the land, which is a danger to the public.
In exercising its function, the District Council is to have regard to the needs of agriculture and forestry and the need to conserve the natural beauty and amenity of the countryside. District Council may provide parking places for facilitating the use of public paths and rights of ways and access to the countryside by members of the public. It may compulsorily acquire land for this purpose.
A District Council may make bye-laws regulating public paths, long-distance routes or other public rights of way. Bye-laws are to prevent damage to land and secure that persons resorting there behave themselves so as to avoid undue interference with the enjoyment of the land by other persons.
Bye-laws may restrict or regulate the use of land, generally or in a specific manner and deal with litter, fires, etc. The Department may require the District Council to make bye-laws.
District Council may appoint rangers in relation to land. Rangers shall advise and assist the public on matters relating to the use of the land; secure compliance with bye-laws; and perform other duties as the District Council may order.
Access orders, public path creation agreements, public path creation orders, public path extinguishment orders, public path diversion orders, access agreement, access order are to be registered on the Statutory Charges Register.