Extinguishment of a Public Right of Way
Section 73 of the Roads Act 1993 governs the extinguishment of public right of ways.
The Section requires that the Roads Authority shall give public notice of any proposal to extinguish a public right of way. A notice must be published in one or more newspapers circulating in the area indicating where the public right of way proposed to be extinguished is located. This notice must also indicate where the map showing this public right of way may be inspected. A minimum period of one month must be allowed for inspection of the proposal with a further two weeks allowed for the making of objections or representations. The notice shall also state that persons making such objections or representations may make a request in writing to state their case at an oral hearing.
A sign must be placed at each end of the public right of way proposed to be extinguished for a period of not less than 14 days.
The Roads Authority must consider all written objections and representations received. If the Authority considers it appropriate it may appoint a person to conduct an oral hearing and must consider the report and recommendations of the person so appointed.
The making of an order and the consideration of objections or representations and the report and any recommendations made are reserved functions of the elected members.
Ministerial approval is required to give effect to the extinguishment of public right of way on a Regional or National Road.
The Roads Authority shall publish notice of extinguishment of public right of way in the same newspaper that the proposal to extinguish the right of way was published and shall also notify in writing any person who made written objections or representations to it in relation to the extinguishment.
Where a public right of way is extinguished the Road Authority shall no longer be responsible for the maintenance of such road.