Chapter 4

Non-Public Roads — Local Improvement Schemes

81. —(1) In this section—

“functional area” means a country inclusive of any town with a town council situated in the county;

“improvement” includes associated drainage works;

“non-public road” means a road which is not a public road within the meaning of the Roads Act, 1993 ;

“road” has the same meaning as in the Roads Act, 1993 ;

“road authority” means a county council.

(2) The Minister may make a grant to a road authority in relation to assistance by the authority towards the construction or improvement of non-public roads in its functional area.

(3) A road authority may provide assistance by way of the carrying out of works, a financial contribution or otherwise towards the construction or improvement of a non-public road which—

(a) provides access to parcels of land of which at least 2 are owned or occupied by different persons, or

(b) provides access for harvesting purposes (including turf or seaweed) for 2 or more persons, or

(c) shall in the opinion of the road authority be used by the public.

(4) Assistance by a road authority under this section shall be—

(a) conditional on a prior written agreement by the parties concerned with the road authority and a financial contribution by such parties, and

(b) subject to such other terms and conditions as the Minister may consider appropriate.

(5) The provision of assistance by a road authority under this section does not make the authority liable for the maintenance of the non-public road in question nor impose any other duties or liabilities on the authority in respect of such road.

(6) After consultation with the Minister and with the consent of the Minister for Finance, any other Minister of the Government may make a grant to a road authority in relation to the construction or improvement of non-public roads in accordance with a scheme made by him or her.

(7) Section 6(2) of the Local Government Act, 1998 , is hereby amended by the substitution of the following for paragraph (b):

“(b) the carrying out of works under section 81 of the Local Government Act, 2001, or”.