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Temporary rights of way for the transport of timber.
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20.—(1) Where, for the purpose of transporting any timber (including timber to be derived from trees proposed to be felled) from a wood or forest to a public road or to a railway or waterway, the owner of such timber requires a right of way (in this subsection referred to as the required right of way) by a particular route over any land (in this subsection referred to as the proposed servient tenement), he may make an application (which shall indicate, by reference to a plan to be attached to the application, the required right of way and shall specify the period (which shall not exceed twelve months and is in this subsection referred to as the required period) during which he wishes to exercise the required right of way) to the Lay Commissioners for an order granting to him the required right of way, and thereupon the following provisions shall have effect:—
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(a) the applicant shall, upon making the application, serve the prescribed notice of the application on the occupier (if any) of the proposed servient tenement and on the person who appears to him to be the owner of the proposed servient tenement, if it is reasonably practicable to ascertain that person;
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(b) the Lay Commissioners shall publish the prescribed notice of the hearing of the application in the Iris Oifigiúil and in one or more newspapers circulating in the locality in which the proposed servient tenement is situate;
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(c) the Lay Commissioners, after hearing the application, may—
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(i) make an order granting to the applicant a right of way (being, as they think fit, either the required right of way or another right of way), exercisable during the required period or such other period (not exceeding twelve months) as they think fit, over the proposed servient tenement, or
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(ii) refuse the application;
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(d) if the Lay Commissioners make the order, the occupier or the owner of the proposed servient tenement may, within two months after the making of the order, appeal to the Appeal Tribunal against the order, and the Appeal Tribunal may, on such appeal,—
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(i) confirm the order, or
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(ii) confirm the order, but do either or both of the following things, namely, alter the route of the right of way thereby created and alter the period (so however that it shall not exceed twelve months) specified in the order as the period during which the right of way is to be exercisable, or
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(iii) revoke the order;
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(e) if the Lay Commissioners refuse to make the order, the applicant may, within two months after such refusal, appeal to the Appeal Tribunal against such refusal, and the Appeal Tribunal may, on such appeal,—
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(i) affirm such refusal, or
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(ii) make an order granting to the applicant a right of way (being, as they think fit, either the required right of way or another right of way), exercisable during the required period or such other period (not exceeding twelve months) as they think fit, over the proposed servient tenement;
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(f) if the Lay Commissioners make the order, but grant thereby a right of way other than the required right of way, the applicant may, within two months after the making of the order, appeal to the Appeal Tribunal against the order, in so far as it grants a right of way other than the required right of way, and the Appeal Tribunal may, on such appeal,—
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(i) confirm the order as made by the Lay Commissioners, or
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(ii) vary the order by substituting a right of way different from that specified in the order;
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(g) if the Lay Commissioners make the order, but thereby grant a right of way exercisable for a period less than the required period, the applicant may, within two months after the making of the order, appeal to the Appeal Tribunal against the order, in so far as it grants a right of way exercisable for a period less than the required period, and the Appeal Tribunal may, on such appeal,—
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(i) confirm the order as made by the Lay Commissioners, or
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(ii) vary the order by altering the period (so however that it shall not exceed twelve months) specified in the order as the period during which the right of way is to be exercisable;
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(h) the applicant and the occupier and the owner of the proposed servient tenement shall each be entitled to be heard on the hearing of the application or of an appeal under this subsection;
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(i) if the Lay Commissioners or the Appeal Tribunal (as the case may be) are satisfied that after diligent inquiry the owner of the proposed servient tenement cannot be found or ascertained, the application or an appeal under this subsection may be heard and determined, notwithstanding the fact that such owner has not been found or ascertained.
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(2) Every order under subsection (1) of this section shall—
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(a) have attached thereto a map showing the location of the right of way thereby granted and its extent,
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(b) be expressed and operate to confer on the grantee under the order and his licensees a right, during the period (which shall be taken as commencing on the date on which the order comes into force) specified in the order, to pass and repass, with or without vehicles and animals, over the portion of land over which the right of way as shown on the said map is exercisable,
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(c) operate to authorise the said grantee to construct and maintain a road on such portion.
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(3) (a) An order made under subsection (1) of this section by the Lay Commissioners shall not come into force save as is provided by paragraphs (b) or (c) of this subsection.
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(b) Where an order is made under subsection (1) of this section by the Lay Commissioners and no appeal in respect of it is duly taken under the said subsection (1), the order shall come into force immediately upon the expiration of two months after the date on which the order is made.
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(c) Where an order is made under subsection (1) of this section by the Lay Commissioners and is confirmed or varied by the Appeal Tribunal under the said subsection (1), the order shall come into force on the date on which it is so confirmed or varied.
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(d) Where an order is made under subsection (1) of this section by the Appeal Tribunal, the order shall come into force on the date on which it is so made.
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(4) (a) Where an order under subsection (1) of this section has come into force, the grantee under the order shall be liable to pay compensation to the occupier (if any) and the owner of the land over which the right of way is granted by the order.
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(b) Any compensation payable under this subsection shall, in default of agreement, be fixed by the Lay Commissioners on the application of the person liable to pay the compensation or the person claiming to be entitled to it.
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(c) The person liable to pay any compensation under this subsection or any person claiming to be entitled to such compensation may, within one month after the date on which an application to fix such compensation has been decided by the Lay Commissioners, appeal to the Appeal Tribunal against the decision.
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(5) Where the grantee under an order made under subsection (1), of this section constructs a road over the portion of land over which the right of way granted by the order is exercisable, the occupier or owner of such land may, within one month after the expiration of the period during which the right is exercisable, serve on the said grantee a notice requiring him to remove from such portion the materials used for the construction of such road, and thereupon the following provisions shall have effect—
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(a) the said grantee shall, not later than one month after the service of the notice, remove the said materials,
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(b) if the said grantee fails to comply with paragraph (a) of this subsection, the occupier or owner may remove the said materials and, in that case, may recover from the said grantee as a simple contract debt in any court of competent jurisdiction the expenses incurred by him in such removal.
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(6) Where the land, over which a right of way is granted by an order under subsection (1) of this section, is registered under the Act of 1891, the Land Commission shall send a copy of the order to the registering authority under the Act of 1891, together with a certificate as to the date on which the order came into force, and the said registering authority shall register the said right of way as a burden affecting the said land during the period for which the said right of way is exercisable.
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(7) No stamp duty shall be payable on any order under sub-section (1) of this section, nor shall any fees be payable in respect of any proceedings in the Land Registry under subsection (6) of this section.
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