Active Mobility Act 2017 · 2020 Revised Edition · Part 2 · Public Path System
6. Declaring and classifying public paths
Feedback & supportLast amended by an amending law of 2020.
Subject to this section, the Authority may, by order in the Gazette, declare that a path, or a path‑connected open space, located on land of a kind mentioned in subsection (2) is set aside for use by members of the public as —
a pedestrian‑only path;
a footpath; or
a shared path.
A public path of a kind mentioned in subsection (1) may be declared over —
public path
“public path” means a path or path‑connected open space declared under section 6 as a public path;
any public land; or
any private land that is subject to an access agreement in favour of the Authority for the purposes of this Act.
A public path may only be declared over public land that is not State land if —
public land
“public land” means land that is —(a)dedicated land;(b)State land that is not dedicated land;(c)common property or open space vested in or under the care, control or management of the Housing and Development Board or a Town Council; or(d)vested in or under the care, control or management of any other public authority by the operation of written law.
an agreement in relation to the declaration of the public path is entered into between —
the Minister; and
the Minister charged with the responsibility for the public authority in whom the land is vested or which has the care, control or management of the land; and
the order under subsection (1) for the public path conforms to that agreement.
An order under subsection (1) must —
identify or describe the public path; and
specify whether the public path is a pedestrian‑only path, a footpath or a shared path.
An order under subsection (1) may —
include terms and conditions as to the use and management of the public path; and
provide for periods during which the public path is closed, partly closed or used temporarily for a purpose other than as a path.
An order under subsection (1) in relation to private land must conform to the terms of the access agreement on which it is based.
An order under subsection (1) (or as varied under section 7) —
attaches to the land; and
is binding on all persons who from time to time have an interest in the land.