Section 34
⎯(1) All land shall be held subject to an implied right⎯
(a)
that the proprietor or occupier of land adjoining or in the neighbourhood who has no other reasonable means of access from his land to a public road, way, river, creek or foreshore;
(b)
that the holder of a licence or permit to take rock material or forest produce who has no other reasonable means of access from a public road, way, river, creek or foreshore to such rock material or forest produce; and
(c)
that the holder of a mining lease or prospecting licence who has no other reasonable means of access from a public road, way, river, creek or foreshore to land over which mining or prospecting rights have been granted to him under such lease or licence, shall have a right of way for all reasonable purposes over such land and to pass and repass with or without boats or vehicles.
[Sub. Ord. No. 18/71.]
(2)
If the persons concerned cannot agree among themselves to the location of the path or track which will constitute a right of way, the matter shall be referred to the Superintendent by the person or persons requiring the right of way, and the Superintendent shall have power to decide the matter.
(3)
The Superintendent shall have power to declare the terms upon which a right of way shall be granted under this section and may impose such conditions as to formation and maintenance as may be considered necessary. Where the right of way is granted over an existing path or track which has been formed or maintained at the expense of the person over whose land it passes, the Superintendent may require the person to whom the right of way is granted to pay to such other person such reasonable sum as may be assessed by way of compensation.
(4)
In any case where a right of way for the benefit of the proprietors or occupiers of adjoining land has been created under this
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section, the Superintendent may issue a right of way certificate which shall⎯
(a)
specify the land served by the right of way and the land over which it exists;
(b)
have endorsed thereon or refer to a diagram showing the land served by the right of way and the land over which it exists; and
(c)
be noted on the appropriate maps and plans in the Land and Survey Office and be registered in the Register in accordance with section 112.
(5)
Compensation for damage, if any, to trees or other property belonging to the person or persons through whose land a right of way is made shall be primarily assessed by mutual agreement between the parties concerned and, in the absence of agreement, the matter shall be referred to the Superintendent and the compensation assessed by him.
(6)
Any person aggrieved by any decision of the
Superintendent under this section may, within thirty days of being informed of such decision, appeal to the High Court and for the purpose of further appeal any decision of the High Court shall be deemed to be made in a civil proceeding.