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Creation of rights of way.
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21.—(1) Where the Minister requires, in connection with any land (in this subsection referred to as the proposed dominant tenement) held by him for the purposes of this Act, a right of way (in this subsection referred to as the required right of way) by a particular route over any other land (in this subsection referred to as the proposed servient tenement), he may make an application (which shall indicate, by reference to a plan to be attached to the application, the required right of way) to the Lay Commissioners for an order creating the required right of way, and thereupon the following provisions shall have effect:—
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(a) the Minister shall, upon making the application, serve the prescribed notice of the application on the occupier (if any) of the proposed servient tenement and on the person who appears to the Minister to be the owner of the proposed servient tenement, if it is reasonably practicable to ascertain that person;
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(b) the Lay Commissioners shall publish the prescribed notice of the hearing of the application in the Iris Oifigiúil and in one or more newspapers circulating in the locality in which the proposed servient tenement is situate;
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(c) the Lay Commissioners, after hearing the application, may—
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(i) make an order creating a right of way (being, as they think fit, either the required right of way or another right of way) over the proposed servient tenement as appurtenant to the proposed dominant tenement, or
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(ii) refuse the application;
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(d) if the Lay Commissioners make the order, the occupier or the owner of the proposed servient tenement may, within two months after the making of the order, appeal to the Appeal Tribunal against the order, and the Appeal Tribunal may, on such appeal,—
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(i) confirm the order, or
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(ii) confirm the order but alter the route of the right of way thereby created, or
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(iii) revoke the order;
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(e) if the Lay Commissioners refuse to make an order, the Minister may, within two months after such refusal, appeal to the Appeal Tribunal against such refusal, and the Appeal Tribunal may, on such appeal,—
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(i) affirm the refusal, or
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(ii) make an order creating a right of way (being, as they think fit, either the required right of way or another right of way) over the proposed servient tenement as appurtenant to the proposed dominant tenement;
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(f) if the Lay Commissioners make the order but create thereby a right of way other than the required right of way, the Minister may, within two months after the making of the order, appeal to the Appeal Tribunal against the order, in so far as it creates a right of way other than the required right of way, and the Appeal Tribunal may, on such appeal,—
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(i) confirm the order as made by the Lay Commissioners, or
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(ii) vary the order by substituting a right of way different from that specified in the order;
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(g) the Minister and the occupier and the owner of the proposed servient tenement shall each be entitled to be heard on the hearing of the application or of an appeal under this subsection;
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(h) if the Lay Commissioners or the Appeal Tribunal (as the case may be) are satisfied that after diligent inquiry the owner of the proposed servient tenement cannot be found or ascertained, the application or an appeal under this subsection may be heard and determined, notwithstanding the fact that such owner has not been found or ascertained.
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(2) Every order under subsection (1) of this section shall—
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(a) have attached thereto a map showing the location of the right of way created thereby and its extent,
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(b) be expressed and operate to confer on the Minister, his successors in title and his licensees a right to pass and repass, at all times with or without vehicles and animals, over the land over which the right of way (as shown on the said map) is exercisable.
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(3) (a) An order made under subsection (1) of this section by the Lay Commissioners shall not come into force save as is provided by paragraphs (b) or (c) of this subsection.
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(b) Where an order is made under subsection (1) of this section by the Lay Commissioners and no appeal in respect of it is duly taken under the said subsection (1), the order shall come into force immediately upon the expiration of two months after the date on which the order is made.
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(c) Where an order is made under subsection (1) of this section by the Lay Commissioners and is confirmed or varied by the Appeal Tribunal under the said subsection (1), the order shall come into force on the date on which it is so confirmed or varied.
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(d) Where an order is made under subsection (1) of this section by the Appeal Tribunal, the order shall come into force on the date on which it is so made.
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(4) (a) Where an order under subsection (1) of this section has come into force, the Minister shall be liable to pay compensation to the owner of the land over which the right of way is created by the order.
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(b) Any compensation payable under this subsection shall, in default of agreement, be fixed by the Lay Commissioners on the application of the Minister or the person claiming to be entitled to the compensation.
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(c) The Minister or any person claiming to be entitled to compensation under this subsection may, within one month after the date on which an application to fix such compensation has been decided by the Lay Commissioners, appeal to the Appeal Tribunal against the decision.
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(5) Where an order under subsection (1) of this section has come into force, the Minister may construct and maintain in repair a road on the portion of the land over which the right of way created by the order is exercisable.
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(6) Where the land, over which a right of way is created by an order under subsection (1) of this section, is registered under the Act of 1891, the Minister shall send a copy of the order to the registering authority under the Act of 1891 and the said registering authority shall register the said right of way as a burden affecting the said land.
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(7) No stamp duty shall be payable on any order under subsection (1) of this section, nor shall any fees be payable in respect of any proceedings in the Land Registry under subsection (6) of this section.
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