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The Access to the Countryside (Northern Ireland) Order 1983

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Provision as to danger areasN.I.

42.—(1) A district council, where it makes an access agreement or order, shall, after consulting the owner and occupier of any land concerned, so delimit the land to which the agreement or order applies as to exclude all land which, by reason of anything done on that or contiguous or adjacent land, it appears to the district council expedient to exclude for the purpose of avoiding danger to the public or to persons employed on any part of that land.

(2) For the purpose of avoiding danger to the public or to any persons employed on any land, the district council may vary any access agreement or order so as to exclude any land.

(3) For the purposes of paragraph (2)—

(a)the fact that an access agreement is expressed to be irrevocable shall not prevent its variation in pursuance of that paragraph;

(b)where the concurrence of any party to an access agreement other than the district council, or the successor in title to his interest, cannot be obtained to the variation of the agreement in pursuance of paragraph (2), the district council may by order vary the agreement.

(4) As respects any land—

(a)which is subject to an access agreement or order, or

(b)held by the district council and to which Article 41 (1) (b) applies,

a district council may take such steps and carry out such works (including the erection and maintenance of fences or notices) as appear to the district council to be requisite for protecting the public from any source of danger on the land or on adjoining land.

(5) Paragraph (4) shall apply to the Department as respects land held by the Department under Article 40 as it applies to a district council as respects land held by the district council.

(6) The application of Article 26 to any land—

(a)in relation to any factory, magazine, store or premises established before the commencement of this Article, shall not constitute the land an open place or resort for the public, or a public place, for the purposes of the Explosives Act (Northern Ireland) 1875 to 1970F1, or any order made or licence granted under those Acts;

(b)in relation to any factory, magazine, store or premises established after the commencement of this Article, shall so constitute the land.

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