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Supplemental provisions with respect to public rights of way.
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49.—(1) Where a public right of way is created pursuant to this Act or a provision relating to its preservation is included in the development plan, the way shall be maintained by the planning authority.
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(2) (a) Where a right of way is required by this section to be maintained by the planning authority, a person shall not damage or obstruct the way, or hinder or interfere with the exercise of the right of way.
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(b) A person who contravenes this subsection shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred pounds; and if in the case of a continuing offence the contravention is continued after conviction, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding twenty pounds for each day on which the contravention is so continued.
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(c) In a prosecution for an offence under this subsection in relation to a right of way with respect to which a provision for its preservation is included in the development plan, it shall not be necessary for the prosecution to show, and it shall be assumed until the contrary is shown by the defendant, that the right of way subsists.
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(3) Where, in the case of a right of way required by this section to be maintained by the planning authority, the way is damaged or obstructed by any person, the planning authority maintaining the right of way may repair the damage or remove the obstruction, and the expenses incurred by them in the repair or removal shall be paid to them by the said person and, in default of being so paid, shall be recoverable from him as a simple contract debt in any court of competent jurisdiction.
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(4) A planning authority may, for the purpose of carrying out their duties under subsections (1) and (3) of this section, enter on land at all reasonable times.
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