Commentary on Sections Provision in orders: specific limitations and powers Section 73 – Public rights of way
202.Section 73 specifies that an infrastructure consent order cannot extinguish a public right of way over land unless the Welsh Ministers are satisfied that an alternative right of way has been or will be provided or is not required.
203.Where an infrastructure consent order authorises the acquisition of land and extinguishes a non-vehicular public right of way over the land, the order cannot provide for the right of way to be extinguished earlier than the date on which the order is published. And the Welsh Ministers must direct that the right of way revives if the right is extinguished before the acquisition of the land is completed and, at any time after the time that the right is extinguished it appears to the Welsh Ministers that the proposal to acquire the land has been abandoned.