407Re-opening of licensed closed road or water frontage

407 Re-opening of licensed closed road or water frontage S. 407(1) substituted by No. 10011 s. 23(a), amended by Nos 13/1990 s. 41(l)(m), 96/1994 s. 33(p)(i)(ii), 40/2009 s. 32. (1) If a municipal council considers that it is desirable in the public interest that a licence under Division 8 of Part I or section 138 of this Act in respect of any unused road in the municipal district of that municipal council should be varied or cancelled it shall so inform the Minister or any person authorized to grant licences and the Minister or that person, may, after three months' notice has been given to the licensee, vary or cancel the licence. S. 407(1A) inserted by No. 10011 s. 23(a), amended by No. 96/1994 s. 33(q). (1A) If the Minister considers that it is desirable in the public interest that a licence under Division 8 of Part I or section 138 of this Act in respect of any water frontage should be cancelled he may after three months' notice has been given to the licensee cancel the licence. S. 407(1B) inserted by No. 10011 s. 23(a), amended by No. 96/1994 s. 33(r). (1B) Where a licence has been cancelled under subsection (1) the land to which that licence related shall cease to be an unused road for the purposes of this Act. S. 407(2) amended by Nos 9019 s. 2(1)(Sch. item 102), 10011 s. 23(b), 57/1989 s. 3(Sch. item 109.12), 96/1994 s. 33(s). (2) Where a licence under Division 8 of Part I or section 138 of this Act for an unused road has been so cancelled and the licensee in accordance with subsection (1) of section four hundred and two of this Act— (a) has paid for one-half the cost of repairing the whole or any part of the dividing fence between the unused road and private land abutting on the road on the side opposite to the licensee's land; or (b) has himself under an agreement with the occupier of such private land repaired or renewed such fence or any part thereof— the licensee may in the Magistrates' Court recover from the occupier of that private land so much of the said one-half cost or of the cost of such repair or renewal as the court, taking into consideration the value then remaining of such repair or renewal, may consider just and reasonable. Comp. ib. ss 553(1), 558(2). S. 407(3) amended by Nos 10011 s. 23(b), 96/1994 s. 33(s). (3) Where a licence under Division 8 of Part I or section 138 of this Act for an unused road has been cancelled under subsection (1) of this section the council of the municipality in whose municipal district the unused road is situated— (a) shall keep the unused road open for public use and free from obstruction; and S. 407(3)(b) amended by Nos 9019 s. 2(1)(Sch. item 102), 57/1989 s. 3(Sch. item 109.13). (b) may cause any building hedge ditch fence hole heap drain or obstruction which has been made on across or in the unused road to be taken down or filled up or removed or otherwise made good at the expense of any person by whom the same was made or to whom it belongs and may in default of payment of such expense recover the amount thereof in the Magistrates' Court. S. 408 inserted by No. 6794 s. 3, repealed by No. 10011 s. 24. No. 6299 s. 916. S. 409 inserted by No. 6794 s. 3, amended by Nos 96/1994 s. 33(t), 10/2004 s. 15(Sch. 1 item 14.14).