Countryside Act 1968

17 Access orders: agricultural land

(1) This section applies to land comprised in an access order under Part V of the Act of 1949 (access to open country) confirmed or made by the Minister after the coming into force of this section.

(2) In section 60 of the Act of 1949 (rights of public over land subject to an access order, other than excepted land) subsection (5)(a) (certain agricultural land to be excepted land) shall not at any time apply to land to which this section applies unless—

(a) the said subsection (5)(a) applied to that land on the relevant date, or

(b) a direction given by the Minister under this section is for the time being in force as respects that land.

(3) Where as respects land to which this section applies, not being land to which the said section 60(5)(a) applied on the relevant date, it is represented to the Minister, and the Minister is satisfied—

(a) that the land is used, or about to be brought into use, as agricultural land, and that that use or proposed use as agricultural land is not, or is not solely, use as rough grazing for livestock, and

(b) that the use or proposed use will be substantially prejudiced by the application of the provisions of the said section 60 of the Act of 1949, and

(c) that the prejudicial effect outweighs the benefit arising from the facilities for access to open country conferred on the public by the said section 60,

then, subject to the provisions of this section, the Minister shall give a direction under this section as respects the land.

(4) Before coming to a conclusion on any representation under this section the Minister—

(a) shall consult the Commission, and

(b) shall either cause a local inquiry to be held or afford to the person by whom the representation was made, and to the local planning authority concerned, an opportunity of being heard by a person appointed by the Minister for the purpose,

and shall consider the report of the person by whom the inquiry was held or the person appointed as aforesaid, as the case may be.

(5) In determining whether the conditions specified in paragraphs (a), (b) and (c) of subsection (3) above are fulfilled the Minister shall have regard to any restrictions on the rights of the public imposed by the access order by virtue of section 60(3) of the Act of 1949 ; and the Minister may, if he thinks fit, instead of giving a direction under subsection (3) above, by order vary the access order so as to impose as respects the land any such restrictions or further restrictions authorised by the said section 60(3) as appear to him appropriate.

(6) All land within paragraph (a) of subsection (2) above shall be defined in the prescribed manner in the map to be contained, in pursuance of section 65(3) of the Act of 1949, in the access order, and in the map to be kept under section 78 of the Act of 1949, and those maps shall from time to time be altered so as to take account of any direction given by the Minister under this section and so as to correct any errors or omissions made in defining that land.

(7) In subsection (2) above " the relevant date " means—

(a) in relation to an access order made by a local planning authority, the date of the making of the order,

(b) in relation to an access order made by the Minister, the date on which the Minister under paragraph 1(2) of Schedule 1 to the Act of 1949 gave notice or the first notice of his proposal to make the order.