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EHS RED BOOK - A GUIDE TO PUBLIC RIGHTS OF WAY AND ACCESS TO THE COUNTRYSIDE

EHS RED BOOK - A GUIDE TO PUBLIC RIGHTS OF WAY AND ACCESS TO THE COUNTRYSIDE

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2.1.3 The district council’s role
The value placed on the whole of the countryside by the people of Northern Ireland and the significant economic benefits of developing access opportunities that attract tourists and day visitors emphasise the vital importance of the legislation which governs access to the countryside and the key role of the district council.
The legislation, set out in the Access to the Countryside (NI) Order 1983, places the district council in a unique and powerful position. The council has a statutory duty to identify, record and protect existing access opportunities along public rights of way. It also has wide discretionary powers to help manage and maintain that access and to establish new access opportunities where they are needed. Moreover, such action can only be taken by the district council; the powers and duties conferred by the Access Order are not available to any other body or organisation.
2.1.3 The district council’s role
The value placed on the whole of the countryside by the people of Northern Ireland and the significant economic benefits of developing access opportunities that attract tourists and day visitors emphasise the vital importance of the legislation which governs access to the countryside and the key role of the district council.
The legislation, set out in the Access to the Countryside (NI) Order 1983, places the district council in a unique and powerful position. The council has a statutory duty to identify, record and protect existing access opportunities along public rights of way. It also has wide discretionary powers to help manage and maintain that access and to establish new access opportunities where they are needed. Moreover, such action can only be taken by the district council; the powers and duties conferred by the Access Order are not available to any other body or organisation.

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Published by: Nevin on Mar 27, 2010
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04/06/2013

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A GUIDE TO PUBLIC RIGHTS OF WAY ANDACCESS TO THE COUNTRYSIDE
Environment & Heritage Service
Guidance Notes on the Law, Practices and Procedures in Northern Ireland
 
A Guide to Public Rights of Way and Access to the Countryside3www.ehsni.gov.uk
 
CONTENTS
SECTION 1: INTRODUCTION
Page 9
SECTION 2: BASIS OF THE APPROACH
2.1 THE IMPORTANCE OF COUNTRYSIDE RECREATION Page 112.1.1 Use and perceptions of the countryside Page 112.1.2 The economic importance of access Page 122.1.3 The district council’s role Page 132.2 THE BASIS OF THE APPROACH Page 142.2.1 The justification for action Page 142.2.2 Elements of the approach Page 142.2.3 The concerns of farmers and landowners Page 152.2.4 The approach to access negotiations Page 162.2.5 Defining the local authority’s position Page 182.2.6 A `statement of intent’ Page 192.2.7 Organisational and staffing structures Page 212.2.8 Appointment of countryside officers Page 222.2.9 Use of volunteers Page 22
SECTION 3: THE LEGAL FRAMEWORK
3.1 THE LEGAL BASIS OF ACCESS TO THE COUNTRYSIDE Page 243.1.1 Differences in types of access Page 243.2 THE LEGAL SYSTEM Page 263.2.1 Court structure and system of precedents Page 263.2.2 Common law and statute law Page 273.2.3 Criminal law and civil law Page 283.2.4 Applying the law in practice Page 283.2.5 Hierarchy of Legislation Page 31 3.3 COMMON LAW PRINCIPLES Page 313.3.1 Public rights of way Page 323.3.2 Access to land Page 333.3.3 Trespass Page 333.3.4 Access to the Foreshore Page 343.3.5 Private rights of way Page 353.4 LEGISLATION ON ACCESS: THE ACCESS TO THE COUNTRYSIDE(NORTHERN IRELAND) ORDER 1983 Page 363.4.1 Scope of the Access Order’s provisions Page 363.4.2 The meaning of “assert and protect” Page 413.4.3 Difference between a “public right of way” and a“public path” Page 42

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Be wary of Abandonment Orders http://www.drdni.gov.uk/index/publica...
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