Gas Act, 1976

Extinguishment of public right of way.

39.—(1) The Board may, with the approval of the Minister given after consultation with the Minister for Local Government, by order extinguish a public right of way, but an order made under this section shall be published in the manner specified in regulations made by the Minister and the Minister shall not approve the order unless—

(a) he has caused an oral hearing to be held and has considered any objections to the order duly made within the period prescribed for the purposes of this subsection and not withdrawn and the report of the person who held the hearing, and

(b) he is satisfied that the extinguishment is necessary for the construction, maintenance, repair, replacement or safety of a pipeline or pipeline terminal.

(2) Subsection (1) of this section shall not apply to a public right of way over land acquired compulsorily by the Board.