Land Act, 1931

Extension of powers of Land Commission as to turbary and rights of way.

39.—(1) The powers of the Land Commission to make regulations with respect to turbary on bogs as extended by section 42 of the Land Act, 1923 , are hereby further extended so as to include power to make regulations conferring on the Land Commission and their licensees and defining rights of access over any land to a bog for the purpose of turbary whether such rights of access are or are not made by such regulations appurtenant to any land.

(2) The powers of the Land Commission to expend money on the improvement of land sold or agreed to be sold under the Land Purchase Acts shall, in addition to the matters mentioned in section 43 of the Land Act, 1923 , include power to confer on the Land Commission and their licensees and to define and extend or improve ways and rights of way over any land to any land sold or agreed to be sold under the Land Purchase Acts, whether such rights of way are or are not so conferred as to be appurtenant to any land.

(3) Where the Land Commission confers and defines a right of way or a right of access, whether under this section or under any other provision of the Land Purchase Acts, the Land Commission shall have power to enter on the land over which such right of way or access is so conferred and there to repair or construct a road or pass and erect fences and gates and for those purposes to take all or any necessary materials from or out of such land and to provide for the compensation paid by the Land Commission for such right of way or right of access being repaid to the Land Commission by the person for whose benefit such right was conferred.

(4) Where the compensation payable for a right of way or right of access conferred by the Land Commission under this section or any other provision of the Land Purchase Acts does not exceed fifty pounds, such compensation may be paid to the person who satisfies the Land Commission that for not less than six years immediately preceding the payment of such compensation he and his predecessors in title (if any) have been in actual occupation of the land over which such right of way or of access is so conferred or in receipt of the rents and profits of such land.