If the Commission, after consultation with the administering authority of any public land, considers that all or part of any public land should be made available for use by the public as a walkway for recreational purposes, it may recommend to the Minister that all or part of the public land be declared a walkway.

On receiving a recommendation under subsection (1) of this section, the Minister may, with the written consent of the administering authority of the land to which the recommendation relates, by notice in the Gazette declare that land to be a walkway, and by the same or a subsequent notice shall assign a distinctive name to the walkway.

In every case where the land to which the recommendation relates includes unformed legal road, the prior consent of the local authority and every owner of land having a legal frontage or access thereto shall be obtained.

Where any consent under subsection (3) of this section is obtained subject to conditions as to use of unformed legal road, the Minister shall specify in the notice the conditions under which it may be used.

A copy of every notice under this section declaring land to be a walkway shall, if it relates to land subject to the Land Transfer Act 1952, be lodged with the District Land Registrar who shall without fee enter the particulars of the notice on every certificate of title, provisional register, or other registered instrument of title which is affected by the notice.

In this section, unless the context otherwise requires, ‘owner’, in relation to any land, includes any person who is in occupation of the land under any lease, sublease, or licence, or any renewal thereof, granted by the owner of the fee simple, or the lessee, of the land (other than a weekly or monthly tenancy agreement); and also includes a tenant for life of the land and a beneficial owner of the land.”