Roads Act, 1993
Acts of the Oireachtas
Source: Acts of the Oireachtas

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paragraphs: —This Act may be cited as the Roads Act, 1993.
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paragraphs: —(1) In this Act, except where the context otherwise requires—
“the Act of 1925” means the Local Government Act, 1925 ;
“the Act of 1946” means the Local Government Act, 1946 ;
“the Act of 1955” means the Local Government Act, 1955 ;
“the Act of 1961” means the Road Traffic Act, 1961 ;
“the Act of 1963” means the Local Government (Planning and Development) Act, 1963 ;
“the Act of 1974” means the Local Government (Roads and Motorways) Act, 1974 ;
“the Act of 1976” means the Local Government (Planning and Development) Act, 1976 ;
“the Act of 1979” means the Local Government (Toll Roads) Act, 1979 ;
“the Act of 1982” means the Local Government (Planning and Development) Act, 1982 ;
“the Act of 1990” means the Local Government (Planning and Development) Act, 1990 ;
“the Authority” means the National Roads Authority established under section 16 ;
“busway” has the meaning assigned to it by section 44 ;
“busway scheme” means a scheme in respect of a busway made by a road authority under section 47 ;
“the Commissioner” means the Commissioner of the Garda SÃ­ochÃ¡na;
“consent” means consent in writing;
“contravention” includes failure to comply;
“development” has the meaning assigned to it by the Act of 1963;
“development plan” has the same meaning as in the Local Government (Planning and Development) Acts, 1963 to 1990;
“footpath” means a road over which there is a public right of way for pedestrians only, not being a footway;
“footway” means that portion of any road associated with a roadway which is provided primarily for use by pedestrians;
“functions” includes powers and duties and references to the performance of functions includes references to the performance of powers and duties;
“land” has the meaning assigned to it by the Act of 1963;
“local authority” means—
(a) the council of a county,
(b) the corporation of a county or other borough, or
(c) the council of an urban district;
“local road” means a public road other than a national road or a regional road;
“maintenance” in relation to public roads includes improvement and management;
“the Minister” means the Minister for the Environment;
“motorway” has the meaning assigned to it by section 43 ;
“motorway scheme” means a scheme in respect of a motorway made by a road authority under section 47 ;
“national road” means a public road or a proposed public road which is classified as a national road under section 10 ;
“owner” when used in relation to any thing which is the subject of a hire-purchase or leasing agreement includes the person in possession of that thing under the agreement;
“pedal cycle” and “pedal cyclist” have the meanings respectively assigned to them by the Act of 1961;
“planning authority” has the meaning assigned to it by the Act of 1963;
“planning permission” means a permission under Part IV of the Act of 1963;
“proposed road development” means any proposed road development in respect of which an environmental impact statement is required to be prepared under section 50 ;
“protected road” has the meaning assigned to it by section 45 ;
“protected road scheme” means a scheme in respect of a protected road made by a road authority under section 47 ;
“public authority” means—
(a) a Minister of the Government,
(b) a board or other body established by or under statute,
(c) a local authority;
“public road” means a road over which a public right of way exists and the responsibility for the maintenance of which lies on a road authority;
“regional road” means a public road or a proposed public road which is classified as a regional road under section 10 ;
“reserved function” means—
(a) in the case of the council of a county or an elective body for the purposes of the County Management Acts, 1940 to 1991, a reserved function for the purposes of those Acts,
(b) in the case of the corporation of a county borough, a reserved function for the purposes of the Acts relating to the management of the county borough;
“road” includes—
(a) any street, lane, footpath, square, court, alley or passage,
(b) any bridge, viaduct, underpass, subway, tunnel, overpass, overbridge, flyover, carriageway (whether single or multiple), pavement or footway,
(c) any weighbridge or other facility for the weighing or inspection of vehicles, toll plaza or other facility for the collection of tolls, service area, emergency telephone, first aid post, culvert, arch, gulley, railing, fence, wall, barrier, guardrail, margin, kerb, lay-by, hard shoulder, island, pedestrian refuge, median, central reserve, channelliser, roundabout, gantry, pole, ramp, bollard, pipe, wire, cable, sign, signal or lighting forming part of the road, and
(d) any other structure or thing forming part of the road and—
(i) necessary for the safety, convenience or amenity of road users or for the construction, maintenance, operation or management of the road or for the protection of the environment, or
(ii) prescribed by the Minister;
“road authority”, except in Part V , means the council of a county, the corporation of a county or other borough, or the council of an urban district;
“roadway” means that portion of a road which is provided primarily for the use of vehicles;
“special amenity area order” means an order confirmed by the Minister under section 43 of the Act of 1963;
“State authority” means any authority being a Minister of the Government or the Commissioners of Public Works in Ireland;
“statutory undertaker” has the meaning assigned to it by the Act of 1963;
“structure” has the meaning assigned to it by the Act of 1963;
“superannuation benefits” means pensions, gratuities and other allowances payable on resignation, retirement or death;
“traffic sign” has the meaning assigned to it by section 95 of the Act of 1961.
(2) Except where the context otherwise requires, a reference in any enactment or instrument to a public road, a road or a road authority shall be deemed to be a reference to a public road, a road or a road authority as defined in this Act.
(3) Nothing in this Act affects any existing rule of law in relation to the liability of a road authority for failure to maintain a public road.
(4) The maintenance of a public road includes the provision and maintenance of public lighting.
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paragraphs: —This Act shall come into operation on such day or days as may be fixed therefor by any order or orders of the Minister, either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions of this Act.
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paragraphs: —(1) The enactments mentioned in the First Schedule are hereby repealed to the extent mentioned in the third column of that Schedule.
(2) The provisions of this Act shall have effect notwithstanding the provisions of any enactment enacted before the passing of this Act and any such enactment shall stand repealed to the extent that it is inconsistent with any provision of this Act.
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paragraphs: —(1) (a) Notwithstanding section 4 , orders made under section 2 (1) of the Act of 1974 that were in force immediately before the commencement of section 10 , shall continue in force and shall be deemed to have been made under section 10 (1) (a).
(b) Notwithstanding section 4 , orders made under section 2 (2) and (2A) of the Act of 1974 shall continue in force as if motorway or busway schemes in respect of the motorways or busways specified in those orders had been approved by the Minister under section 49 .
(2) (a) Notwithstanding section 4 , any scheme approved (with or without modifications) by the Minister under section 4 of the Act of 1974 shall continue in force and shall be deemed to be a scheme approved under section 49 .
(b) Notwithstanding section 4 , any scheme made by a road authority under section 4 of the Act of 1974 but not approved by the Minister before the repeal of section 4 of the Act of 1974 by section 4 of this Act shall be deemed to be a scheme made under section 47 .
(3) Notwithstanding section 4 , regulations made under the Act of 1974 shall continue in force and shall be deemed to be regulations made under section 7 .
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paragraphs: —Each enactment mentioned in the Second Schedule is hereby amended in the manner stated in the third column of that Schedule.
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paragraphs: —(1) The Minister may make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed or in relation to any matters referred to in this Act as the subject of regulations or for the purpose of giving full effect to this Act.
(2) Every regulation made under this Act, other than a regulation under section 10 or 17 , shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next subsequent twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.
(3) Where it is proposed to make regulations under section 10 or 17 , a draft thereof shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.
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paragraphs: —(1) The Minister may by order revoke or amend any order made by him under any provision of this Act, other than section 3 .
(2) The Minister or the Authority may by direction revoke or amend any direction given by him or it under this Act.
(3) Orders made under section 12 , 49 , 51 , 58 , 60 , 61 or 73 of this Act shall be exempted from the provisions of section 3 (1) of the Statutory Instruments Act, 1947 .
(4) Where an order referred to in subsection (3) has been made, the road authority concerned shall, as soon as may be, give notice thereof to its members.
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paragraphs: —(1) The Minister may by order adapt any enactment or instrument by deleting any reference to a main road, a county road, an urban road, a trunk road or a link road and substituting therefor a reference to a national road, a regional road or a local road as he sees fit.
(2) A reference in any enactment or instrument to a national road shall be deemed to be a reference to a national road as defined in this Act.
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paragraphs: —(1) (a) The Minister may by order classify any existing public road or any proposed public road as a national road.
(b) The Minister may by order classify any existing public road or any proposed public road as a regional road.
(c) A public road, other than a national road or a regional road, shall be a local road.
(d) Where a public road has been classified as a national road or a regional road under this subsection and where that road has been realigned or a by-pass has been constructed on it, such realignment or by-pass shall, unless otherwise provided by order of the Minister under this subsection, be a national road or a regional road, as the case may be, and that section of the existing road which remains following the realignment or the construction of the by-pass shall be a local road.
(2) (a) The Minister may make regulations—
(i) prescribing classes of public roads in addition to or in substitution for the classes referred to in subsection (1), and
(ii) making provision for the assignment of responsibility for the maintenance and construction of such classes of public roads and for the adaptation for that purpose of any of the provisions of section 13
(b) Regulations under this subsection may provide either generally or in a particular case that a reference in any enactment (including this Act) or instrument to a national road, a regional road or a local road is to be construed as a reference to a public road of a class prescribed in such regulations.
(3) (a) The Minister (in the case of national roads and regional roads) and a road authority (in the case of local roads) may by order—
(i) designate particular roads for particular purposes,
(ii) divide a particular class of roads into subclasses.
(b) Where the Authority stands established under section 16 the Minister shall consult with it before classifying a public road or a proposed public road as a national road under subsection (1) (a) or before making an order under paragraph (a) of this subsection relating to a national road.
(4) (a) The Minister shall assign a number or other identifying mark to each national road and regional road.
(b) A road authority shall assign a number or other identifying mark to each local road in respect of which it has responsibility.
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paragraphs: —(1) (a) A road authority may, by order, declare any road over which a public right of way exists to be a public road, and every such road shall be deemed to be a public road and responsibility for its maintenance shall lie on the road authority.
(b) Where a road authority proposes to declare a road to be a public road it shall—
(i) satisfy itself that the road is of general public utility,
(ii) consider the financial implications for the authority of the proposed declaration,
(iii) publish in one or more newspapers circulating in the area where the road which it is proposed to declare to be a public road is located a notice indicating the times at which, the period (which shall be not less than one month) during which and the place where a map showing such road may be inspected and stating that objections or representations may be made in writing to the road authority in relation to such declaration before a specified date (which shall be not less than two weeks after the end of the period for inspection),
(iv) consider any objections or representations made to it under paragraph (iii) and not withdrawn.
(2) The consideration of objections or representations and the making of an order under subsection (1) shall be reserved functions.
(3) The Minister may prescribe criteria for the declaration of roads to be public roads and a road authority shall comply with any such prescribed criteria when exercising its functions under this section.
(4) Every national road, regional road, motorway, busway and protected road shall be a public road and it shall not be necessary for a road authority to make an order under subsection (1) in relation to any such road.
(5) A certificate of a road authority that a road is a public road shall be prima facie evidence thereof.
(6) Every road which, immediately before the repeal of an enactment by this Act, was a public road shall be a public road.
(7) Any road constructed or otherwise provided by a road authority after the commencement of this section shall, unless otherwise decided by such road authority, be a public road and it shall not be necessary for the authority to make an order under subsection (1) in relation to any such road.
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paragraphs: —(1) Save as is provided for in section 73 , a road authority shall not abandon a public road except in accordance with the provisions of this section.
(2) Where a road authority proposes to abandon a public road it shall—
(a) publish in one or more newspapers circulating in the area where the public road proposed to be abandoned is located a notice indicating the times at which, the period (which shall be not less than one month) during which and the place where a map showing such public road may be inspected and stating that objections or representations may be made in writing to the road authority in relation to such proposal before a specified date (which shall be not less than two weeks after the end of the period for inspection) and stating that persons making such objections or representations may make a request in writing to state their case at an oral hearing conducted by a person appointed by the road authority for that purpose,
(b) affix a copy of such notice in a prominent position at each end of the public road proposed to be abandoned and leave it in place for a period or periods which shall in aggregate be not less than fourteen days,
(c) consider any objections or representations made to it under paragraph (a) and not withdrawn,
(d) if it considers it appropriate, afford an opportunity to persons making objections or representations and who so request in writing to state their case at an oral hearing conducted by a person appointed by the road authority and consider the report and any recommendation of the person so appointed.
(3) (a) A road authority may make an order abandoning the public road specified in the notice published under subsection (2) (a), or a part thereof.
(b) A road authority shall not make an order under paragraph (a) until it has complied with subsection (2).
(4) (a) An order made under subsection (3) relating to a national road or a regional road shall have no effect unless and until the Minister approves the order.
(b) The Minister may, by order, approve the order with or without modifications or he may refuse to approve the order.
(c) The Minister shall consult with the Authority before making an order under this subsection relating to a national road.
(5) (a) A road authority shall no longer be responsible for the maintenance—
(i) of a local road — from the date on which the order abandoning it is made by the road authority,
(ii) of a national road or a regional road — from the date on which the Minister approves with or without modifications the order abandoning it.
(b) The abandonment of a public road shall not affect any public right of way over such road and a road authority shall not do anything to interfere with such right of way save as is provided for in law.
(6) A road authority shall as soon as may be after a public road has been abandoned publish notice of such abandonment in the newspaper or newspapers in which notice of the proposed abandonment was published under subsection (2) (a) and shall notify in writing any person who made written objections or representations to it in relation to such abandonment.
(7) The consideration of objections or representations and the report and any recommendations of a person appointed under subsection (2) and the making of an order under subsection (3) shall be reserved functions.
(8) A person who, without lawful authority, removes, or who defaces or damages a notice erected under subsection (2) (b) shall be guilty of an offence.
(9) Where, before the repeal of section 26 of the Act of 1925 by section 4 , an application has been made to the Minister under the said section 26 for an order abandoning a public road and such application has not been determined by the Minister or withdrawn, the application shall continue to be dealt with and determined as if the said section 26 had not been repealed.
(10) (a) The Minister may make regulations for the purposes of this section.
(b) Regulations under this subsection may, in particular and without prejudice to the generality of paragraph (a), specify criteria for the abandonment of public roads and a road authority shall comply with any such specified criteria when exercising its functions under this section.
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paragraphs: —(1) Subject to Part III , the maintenance and construction of all national and regional roads in an administrative county shall be a function of the council or county borough corporation of that county.
(2) It shall be a function of the council of a county, the corporation of a county or other borough or the council of an urban district to maintain and construct all local roads—
(a) in the case of the council of a county — in its administrative county, excluding any borough or urban district,
(b) in the case of any other local authority — in its administrative area.
(3) The local authorities referred to in subsections (1) and (2) shall be road authorities for the purposes of the roads referred to in those subsections and shall, subject to Part III and in respect of those roads, perform all the functions assigned to road authorities by or under any enactment (including this Act) or instrument.
(4) The expenses of the council of a county in respect of its functions under subsection (2) shall be charged on the county exclusive of any borough or urban district.
(5) In the performance of their functions under subsections (1) and (2), a road authority shall consider the needs of all road users.
(6) (a) A person or group of persons may, with the consent of a road authority, carry out maintenance works on a local road.
(b) A consent under paragraph (a) may be given by the road authority subject to such conditions, restrictions and requirements as it thinks fit.
(c) Where a road authority gives its consent under paragraph (a) and the works have been carried out in a bona fide manner and in accordance with every condition, restriction or requirement specified under paragraph (b)—
(i) the works shall be deemed to have been carried out by the road authority, and
(ii) the person or group (and each member thereof) who carried out the works shall be indemnified by the road authority against all actions and claims howsoever arising in respect of the works and the carrying out of works.
(d) A road authority may provide materials, plant, equipment and the services of its staff to a person or group carrying out works under this subsection.
(7) A road authority may do all such things as arise out of or are consequential on or are necessary or expedient for the performance of its functions under this Act or otherwise in relation to public roads or are ancillary thereto.
(8) Without prejudice to the generality of subsection (7) and save as otherwise provided by law, a road authority may—
(a) provide any amenity, structure or thing for the safety or convenience of road users,
(b) undertake landscaping, planting or any similar activity in the interests of amenity and the environment,
(c) provide artistic features.
(9) Notwithstanding the definition of “road” in section 2 , nothing in this Act shall be construed as imposing on a road authority any liability, duty or obligation to—
(a) construct or maintain fences or retaining walls adjoining a public road which are the responsibility of any other person and which do not form part of the road, or
(b) construct or maintain any bridges, tunnels, railway crossings or any other structure which by virtue of any enactment are the responsibility of a railway company or other person.
(10) (a) A person who, without lawful authority or the consent of a road authority—
(i) defaces a public road by writing or by any other means,
(ii) damages a public road,
(iii) excavates a public road,
(iv) (I) places or deposits any material or thing on a public road,
(II) permits dung or urine from an animal owned by him or any material or thing which falls from a vehicle owned or used by him, to be left on a public road, or
(III) does any other thing,
such that the material, thing, dung or urine or the doing of such other thing is a hazard or potential hazard to persons using a public road or obstructs or interferes with the safe use of a public road or the maintenance of a public road,shall be guilty of an offence.
(b) A consent under paragraph (a) may be given by the road authority subject to such conditions, restrictions or requirements as it thinks fit and any person who fails to comply with such conditions, restrictions or requirements shall be guilty of an offence.
(c) Where a person does anything in contravention of paragraph (a), a road authority may remove any defacement, repair any damage, fill in any excavation, remove any material, thing, dung or urine or remove or reduce any hazard, potential hazard, obstruction or interference and may recover from such person, as a simple contract debt in any court of competent jurisdiction, any costs reasonably incurred by it.
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paragraphs: —(1) (a) Whenever it appears to the Authority that an agreement under section 59 of the Act of 1955 ought to be made between road authorities for the purpose of any of the functions of those authorities relating to national roads the Authority may request the road authorities to enter into an agreement in accordance with such terms and conditions as the Authority may specify.
(b) Where any road authority concerned refuses or fails to comply with a request under paragraph (a), the Authority may, after affording an opportunity to the road authorities to make representations to it in writing and considering any representations made, direct them to enter into an agreement in accordance with such terms and conditions as it may specify and the road authorities shall comply with any direction given by the Authority.
(c) An agreement entered into under this subsection shall not be revoked save with the consent of the Authority.
(2) An agreement under section 59 of the Act of 1955 which provides for the exercise or performance of any function by one road authority for another road authority may contain terms as to—
(a) the vesting of the function in the first-named authority to such extent and for such period as may be specified in the agreement, and
(b) the making of payments or the transfer of financial responsibility,
and may provide for an area of charge other than the area of charge specified in section 10 of the Act of 1946.
(3) (a) Two or more road authorities may make arrangements for the joint discharge of any of their functions.
(b) Whenever it appears to the Authority that arrangements should be made by two or more road authorities for the joint discharge of any of their functions relating to national roads the Authority may request the road authorities to enter into arrangements in accordance with such terms and conditions as the Authority may specify.
(c) Where any road authority concerned refuses or fails to comply with a request under paragraph (b), the Authority may, after affording an opportunity to the road authorities to make representations to it in writing and considering any representations made, direct them to enter into arrangements in accordance with such terms and conditions as it may specify and the road authorities shall comply with any direction given by the Authority.
(d) An arrangement entered into under paragraph (b) or (c) shall not be revoked save with the consent of the Authority.
(4) An agreement under section 59 of the Act of 1955 or arrangements under subsection (3) may relate to all or part of the area of a road authority.
(5) (a) Whenever it appears to the Minister that an agreement under section 59 of the Act of 1955 ought to be made between road authorities for the purpose of any of their functions relating to public roads (other than national roads) he may, after affording an opportunity to the authorities concerned to make representations to him in writing and considering any representations made, direct them to enter into an agreement.
(b) The Minister may direct that any such agreement shall contain such terms as he may specify and the authorities concerned shall comply with any direction given by the Minister.
(c) An agreement entered into under this subsection shall not be revoked save with the consent of the Minister.
(6) (a) Whenever it appears to the Minister that arrangements should be made by two or more road authorities for the joint discharge of any of their functions relating to public roads (other than national roads) he may, after affording an opportunity to the authorities concerned to make representations to him in writing and considering any representations made, direct that they make such arrangements as he may specify.
(b) The Minister may direct that any such arrangements shall contain such terms as he may specify and the authorities concerned shall comply with any direction given by the Minister.
(c) Any arrangements entered into under this subsection shall not be revoked save with the consent of the Minister.
(7) Any existing agreement in relation to public roads made by road authorities under section 59 of the Act of 1955 shall cease to have force or effect following the expiry of the period of one year from the commencement of this section unless within that period it is continued in force by the said road authorities with, in the case of a national road, the approval of the Authority.
(8) (a) Where an agreement under section 59 of the Act of 1955 is made after the commencement of this section or where arrangements are made under this section and where such agreement or arrangements relate to national roads, such agreement or arrangements shall have no force or effect until approved (with or without modifications) by the Authority.
(b) Paragraph (a) shall not apply to an agreement or arrangements made following a direction by the Authority under subsection (1) or (3).
(9) The Authority may, in relation to national roads, enter into an agreement under section 59 of the Act of 1955 or into arrangements under subsection (3) as if it were a road authority and the provisions of subsection (8) (a) shall not apply to such agreement or arrangements.
(10) The Authority and every road authority shall carry out any agreement or arrangements to which this section relates and to which it is a party in accordance with the terms thereof.
(11) It shall be the duty of a road authority which is a party to an agreement under section 59 of the Act of 1955 relating to public roads (including an existing agreement continued in force under subsection (7)) or arrangements under this section to furnish to the Minister a copy of such agreement or arrangements.
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paragraphs: —(1) The Minister may give a direction in writing to a road authority in relation to any of the functions assigned to it by or under any enactment (including this Act) relating to the maintenance or construction of public roads and the road authority shall comply with such direction.
(2) The Minister shall lay a copy of any direction given by him under subsection (1) before each House of the Oireachtas.
(3) The Minister may give policy or other guidelines to road authorities in relation to any of the functions assigned to them by or under any enactment (including this Act) relating to the maintenance or construction of public roads and the authorities shall have regard to the guidelines when performing such functions.
(4) The Minister shall lay a copy of any guidelines given by him under subsection (3) before each House of the Oireachtas.
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paragraphs: —(1) There shall be a body to be known as An tÃdarÃ¡s um BÃ³ithre NÃ¡isiÃºnta, or, in the English language, the National Roads Authority to perform the functions assigned to it by or under this Act.
(2) The Authority shall stand established on such day as the Minister shall by order appoint.
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paragraphs: —(1) Subject to the following provisions of this Part and, in particular, to such directions and guidelines as may be given by the Minister under section 41 , it shall be the general duty of the Authority to secure the provision of a safe and efficient network of national roads and for that purpose it shall have—
(a) overall responsibility for the planning and supervision of works for the construction and maintenance of national roads, and
(b) such other functions in relation to the construction or maintenance of national roads as are assigned to it by or under this Act.
(2) In the performance of its functions under subsection (1), the Authority shall consider the needs of all road users.
(3) The Minister may, by regulations, assign to the Authority such additional functions in relation to the construction or maintenance of national roads as from time to time he considers appropriate.
(4) The Minister may make regulations providing that any function relating to national roads conferred on him or on a road authority under any enactment (including this Act), or on the Commissioner under the Road Traffic Acts, 1961 to 1987, shall, where the Minister is satisfied that the function could be more effectively performed by the Authority, in lieu of being performed by him or by that authority or by the Commissioner, be performed by the Authority with effect from a date specified in the regulations.
(5) Whenever regulations under subsection (4) are in force in relation to a particular function, a reference in any enactment concerned to the Minister, to the road authority concerned or to the Commissioner shall be construed as including a reference to the Authority and the function to which the regulations relate shall be a function of the Authority.
(6) Regulations under subsection (3) or (4) may contain such incidental, supplementary, consequential and transitional provisions as appear to the Minister to be necessary for the purpose or in consequence of, or to give full effect to, the regulations.
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paragraphs: —(1) (a) The Authority shall, at least once every five years, and having regard to any guidelines given by the Minister under section 41 (3) and having obtained the views of local authorities, prepare a draft plan for the construction and maintenance of national roads.
(b) The Authority shall have regard to the need for efficiency, economy and quality in the construction and maintenance of national roads and shall include an independent assessment thereof in any draft plan prepared by it under this subsection.
(2) (a) The Authority shall submit a draft plan prepared under subsection (1) to the Minister for his approval.
(b) When submitting a draft plan to the Minister the Authority shall provide information on all objections and representations received under subsection (3) and not withdrawn.
(c) The Minister may approve a draft plan, approve it with modifications, instruct that it be resubmitted to him in a modified form for approval or refuse to approve it.
(3) Before submitting a draft plan to the Minister, the Authority shall—
(a) publish in one or more newspapers a notice—
(i) stating that a draft plan has been prepared and that it is proposed to submit it to the Minister for his approval,
(ii) indicating the times at which, the period (which shall be not less than one month) during which and the place where a copy of the draft plan may be inspected,
(iii) indicating where a copy of the draft plan may be obtained and specifying the fee (if any) for such copy (which shall be not more than the reasonable cost of making such copy),
(iv) stating that objections or representations may be made in writing to the Authority in relation to the draft plan before a specified date (which shall be not less than two weeks after the end of the period for inspection);
(b) send a copy of the draft plan to each road authority assigned responsibility for national roads under section 13 and serve a notice on each such authority stating—
(i) that a draft plan has been prepared and that it is proposed to submit it to the Minister for his approval, and
(ii) that objections or representations may be made in writing to the Authority in relation to the draft plan before a specified date (which shall be not less than two weeks after the end of the period for inspection referred to in paragraph (a));
(c) consider any objections or representations made to it under this subsection and not withdrawn and make such amendments or modifications (if any) to the draft plan as it considers appropriate.
(4) The making of objections or representations under subsection (3) (b) shall be a reserved function.
(5) The Authority shall annually review the implementation of a plan approved under subsection (2) and submit a report on such review to the Minister.
(6) In the performance of its functions, the Authority shall comply as far as possible with any plan approved under subsection (2).
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paragraphs: —(1) The Authority may, in relation to national roads, do all or any of the following—
(a) prepare, or arrange for the preparation of, designs for construction or improvement works,
(b) prepare, or arrange for the preparation of, programmes of maintenance works,
(c) prepare, or arrange for the preparation of, schemes for the provision of traffic signs,
(d) secure the carrying out of construction or maintenance works, or the provision of traffic signs,
(e) secure the provision of facilities for the parking of vehicles,
(f) allocate moneys and make payments in relation to construction or maintenance works, or in relation to any other function assigned to it by or under this Act,
(g) with the approval of the Minister, specify standards in relation to construction or maintenance works,
(h) carry out, arrange to have carried out or assist the carrying out of, training, research or testing activities in relation to any of its functions.
(2) The Authority shall, as far as possible, arrange that the functions referred to in paragraphs (a) to (e) of subsection (1) shall be performed on its behalf by the relevant road authority but, in any case where the Authority considers that it would be more convenient, more expeditious, more effective or more economical that the function concerned should be performed by it, it may decide accordingly.
(3) The Authority may do all such things as arise out of or are consequential on or are necessary or expedient for the performance of its functions or are ancillary thereto.
(4) No action or other proceedings shall lie or be maintainable against—
(a) the Authority,
(b) a committee performing functions delegated to it by the Authority,
(c) a road authority performing functions on behalf of the Authority,
(d) a body providing services to the Authority,
for the recovery of damages in respect of any injury to persons, damage to property or other loss alleged to have been caused or contributed to by a failure of the Authority to perform or to comply with any of the functions conferred on it.
(5) (a) The Authority shall not be liable for damage caused as a result of any failure to maintain a national road.
(b) In paragraph (a) “damage” includes loss of property, loss of life and personal injury.
(6) Development consisting of the carrying out of any works by or at the direction of, or on behalf of, the Authority under this Act in relation to the construction or maintenance of a national road shall be exempted development for the purposes of the Act of 1963.
(7) Where a decision is made by the Authority under subsection (2) or under section 20 (5) (a) to perform a particular function otherwise than through a road authority, the following provisions shall have effect—
(a) the Authority shall be empowered (notwithstanding any other enactment) to perform the function, including the acquisition of land for that purpose, and to do any other thing which arises out of or is consequential on or is necessary for the purposes of or would facilitate the performance of the function;
num: 20
paragraphs: —(1) The Authority may, in relation to a national road, direct a road authority to—
(a) make a motorway scheme and submit it to the Minister for his approval,
(b) make an application to the Minister for a bridge order under the Act of 1946,
(c) make a protected road scheme and submit it to the Minister for his approval,
(d) acquire land by making a compulsory purchase order or otherwise,
(e) submit a compulsory purchase order to the Minister for confirmation,
(f) prepare an environmental impact statement and apply to the Minister for the approval referred to in section 51 ,
(g) prepare, or arrange for the preparation of, designs for specified construction or improvement works,
(h) enter into contracts for specified construction or maintenance works,
(i) undertake specified construction or maintenance works,
(j) prepare, or arrange for the preparation of, a programme of maintenance works,
(k) prepare, or arrange for the preparation of, a scheme for the provision of traffic signs,
(l) seek the consent of the Commissioner to the provision of a specified traffic sign under section 95 of the Act of 1961,
(m) do any other thing which arises out of or is consequential on or is necessary or expedient for the purposes of or would facilitate the construction or maintenance of a national road,
and the road authority shall, notwithstanding section 39 of the Act of 1963 or any other enactment, take all such measures as are necessary to comply with such a direction.
(2) Before issuing a direction under subsection (1) in relation to any works which would, in the opinion of the Authority, if carried out require a road authority to contravene materially a development plan or a special amenity area order, the Authority shall—
(a) publish in one or more newspapers circulating in the area where the proposed works would be carried out a notice stating that it proposes to issue such direction and that objections or representations may be made in writing to the Authority in relation to such proposed direction before a specified date (which shall be not less than one month after the date of first publication of the notice),
(b) serve a notice on the road authority and, where the road authority is not the planning authority, on the planning authority stating that it proposes to issue such direction and that objections or representations may be made in writing to the Authority in relation to such proposed direction before a specified date (which shall be not less than one month after the date on which the notice was served),
(c) consider any objections or representations made to it under paragraph (a) or (b) and not withdrawn.
(3) Before issuing a direction (other than a direction to which subsection (2) relates) to a road authority, the Authority shall consult with such road authority.
(4) A direction under subsection (1) may specify the time within which such direction is to be complied with and such other matters as the Authority considers necessary.
(5) (a) Subject to paragraph (b), where a road authority refuses or fails to comply with a direction under subsection (1), the Authority may, notwithstanding any other enactment and in any case in which it appears to it that the circumstances so warrant, perform the function specified in the direction subject to such modifications (if any) as it considers appropriate.
(b) The Minister may, by regulations, specify a class of case in which a decision by the Authority under paragraph (a) shall not have effect unless and until it is approved by him.
num: 21
paragraphs: —(1) (a) The Authority shall, in accordance with such terms and conditions as the Minister may specify, prepare programmes or such other documentation as may be required by him or any other Minister of the Government for the purposes of making or supporting an application to the European Communities for financial assistance (whether in the form of grants or loans) in respect of national roads.
(b) Any such programme or other documentation shall be submitted to the Minister, who following consultation with any other Minister concerned, may—
(i) approve it,
(ii) approve it with modifications,
(iii) direct that it be resubmitted to him in a modified form for approval,
(iv) refuse to approve it.
(c) An approved programme or other documentation shall not be submitted to the European Communities except by the Minister or other Minister of the Government concerned.
(2) The Authority shall, with the consent of the Minister, and in such manner as may be specified by him, assist in promoting the case for financial assistance (whether in the form of grants or loans) by the European Communities in respect of national roads.
(3) In this section “European Communities” has the meaning assigned to it by the European Communities Act, 1972 .
num: 22
paragraphs: —(1) The Authority may, in relation to its functions under this Act, at any time make recommendations in writing to a planning authority as to the content of that authority's development plan and any such recommendations shall be considered by the planning authority.
(2) When performing any function in relation to the construction or improvement of a national road (including the preparation of a draft plan under section 18 ) the Authority shall—
(a) consider the proper planning and development of the area in which that road is or is to be situated,
(b) consider the effects (if any) the works concerned would have on the environment of the area concerned, and
(c) have regard to the provisions of the development plan and any special amenity area order or tree preservation order relating to such area.
(3) (a) Where in the performance of its functions under section 19 or 20 , the Authority proposes that a national road be constructed along a particular alignment and the appropriate road authority under section 13 objects to that alignment, the road authority may make representations in writing to the Authority and the Authority shall consider such representations.
(b) Where following the consideration by the Authority of representations received under paragraph (a), agreement on the alignment has not been reached and the representations have not been withdrawn, the road authority may make representations in writing to the Minister in relation to the matter.
(c) The road authority shall send a copy of any representations made by it under paragraph (b) to the Authority and the Authority may, within one month after the date on which the copy is received, make representations in writing to the Minister.
(d) The making of representations by a road authority under this subsection shall be a reserved function.
num: 23
paragraphs: —(1) The Authority may at any time make recommendations in writing to the Commissioner in relation to the performance of his functions under the Road Traffic Acts, 1961 to 1987 and the Commissioner shall have regard to such recommendations in the performance of his functions.
(2) The Minister shall consult with the Authority before—
(a) making an order in relation to a national road under section 94 of the Act of 1961,
(b) making regulations under section 101D of the Act of 1961 (as inserted by section 9 of the Dublin Transport Authority (Dissolution) Act, 1987 ),
(c) making regulations in relation to national roads under Part IV of the Act of 1961.
(3) (a) Where a scheme for the provision of traffic signs has been prepared by the Authority under section 19 or where a scheme prepared on its behalf by a road authority has been approved by the Authority, a traffic sign (other than a traffic sign within the meaning of section 95 (1) (c) of the Act of 1961) may be provided by a road authority in accordance with the scheme without the necessity to seek and obtain the consent of the Commissioner under the said section 95.
(b) Where a scheme referred to in paragraph (a) makes provision for a traffic sign within the meaning of section 95 (1) (c) of the Act of 1961, the Authority shall seek the consent of the Commissioner to the provision of such sign and where the Commissioner gives such consent a road authority may, notwithstanding section 95 of the Act of 1961, provide such sign in accordance with the scheme.
num: 24
paragraphs: —The Minister may, subject to such conditions as he sees fit, in each financial year make grants of such amounts as may be sanctioned by the Minister for Finance out of moneys provided by the Oireachtas towards the capital and current expenditure of the Authority and grants under this section shall be made having particular regard to the maintenance requirements of national roads.
num: 25
paragraphs: —(1) (a) The Authority may borrow money (including money in a currency other than the currency of the State) but where money is borrowed by the Authority, such borrowing shall be subject to the consent of the Minister and the Minister for Finance.
(b) The Authority may, with the consent of the Minister and the Minister for Finance, raise money (including money in a currency other than the currency of the State) by the making of promissory notes or the drawing or accepting of bills of exchange.
(2) For the purpose of borrowing, the Authority may create and issue bonds, debentures and other securities bearing such rate of interest and subject to such conditions as to repayment, redemption or otherwise as the Authority thinks fit.
(3) The Authority shall exercise the powers conferred on it by this section so that the amount or amounts of principal which the Authority may at any particular time be liable to repay on foot of any liability or liabilities incurred under this section does not, or do not in their aggregate, exceed £500,000,000.
(4) For the purposes of this section, moneys borrowed or raised in a currency other than the currency of the State shall be deemed to be the equivalent in the currency of the State of the actual moneys borrowed or raised, such equivalent being calculated according to the rate of exchange for that currency and the currency of the State at the time such moneys were borrowed or raised, as the case may be.
num: 26
paragraphs: —(1) The Minister for Finance, after consultation with the Minister, may guarantee, in such form and manner and in such money (including money in a currency other than the currency of the State) and on such terms and conditions as he thinks fit—
(a) the due repayment by the Authority of the principal of any moneys borrowed by the Authority or the payment of the interest on such moneys, or both the repayment of such principal and the payment of such interest, and
(b) the due payment of a promissory note made by the Authority or a bill of exchange drawn or accepted by the Authority,
and any such guarantee may include a guarantee of the payment by the Authority of commission and incidental expenses arising in connection with such borrowing, promissory note or bill of exchange.
(2) The Minister for Finance shall, as soon as may be after the expiration of every financial year, lay before each House of the Oireachtas a statement setting out with respect to each guarantee under this section given during that year or given at any time before, and in force at, the commencement of that year—
(a) particulars of the guarantee,
(b) in case any payment has been made by him under the guarantee before the end of that year, the amount of the payment and the amount (if any) repaid to him on foot of the payment, and
(c) the amount of moneys covered by the guarantee which was outstanding at the end of that year.
(3) Moneys paid by the Minister for Finance under a guarantee under this section shall be repaid to him (with interest thereon at such rate or rates as he appoints) by the Authority within such period from the date of the advance of the moneys out of the Central Fund as may be specified by that Minister after consultation with the Authority.
(4) Where the whole or any part of moneys required by subsection (3) to be repaid to the Minister for Finance has not been paid in accordance with that subsection, the amount so remaining outstanding shall be repaid, at such times as the Minister for Finance shall determine, to the Central Fund out of moneys provided by the Oireachtas.
(5) Notwithstanding the provision of moneys under subsection (4) to repay the amount to the Central Fund, the Authority shall remain liable to the Minister for Finance in respect of that amount, and that amount (with interest thereon at such rate or rates as the Minister for Finance appoints) shall be repaid to him by the Authority at such times and in such instalments as he appoints.
(6) Moneys paid by the Authority under subsection (3) or (5) shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance thinks fit.
(7) In relation to guarantees given by the Minister for Finance under this section in money in a currency other than the currency of the State—
(a) each of the references to principal or interest and the reference to commission and incidental expenses in subsection (1), and the reference to a promissory note or bill of exchange in paragraph (b) thereof, shall be taken as referring to the equivalent in the currency of the State of the actual amount of such principal, interest, commission and incidental expenses, promissory note or bill of exchange, as the case may be, such equivalent being calculated according to the cost in the currency of the State of such amount at the time the calculation is made,
(b) the reference to moneys in subsection (2) shall be taken as referring to the equivalent in the currency of the State of the actual moneys, such equivalent being calculated according to the rate of exchange for that currency and the currency of the State at the time the calculation is made, and
(c) each of the references to moneys in subsections (3) to (5) shall be taken as referring to the cost in the currency of the State of the actual moneys.
num: 27
paragraphs: —All moneys from time to time required by the Minister for Finance to meet sums which may become payable by him under section 26 shall be advanced out of the Central Fund or the growing produce thereof.
num: 28
paragraphs: —(1) (a) The Minister shall appoint the members of the Authority and shall appoint one of the members to be Chairman of the Authority.
(b) Save where a person stands appointed under section 29 to be the Chief Executive, the Minister may, when appointing the Chairman or at any time during the Chairman's term of office, direct that the Chairman shall perform the functions referred to in section 29 (2).
(c) The number of members of the Authority shall not be less than ten nor more than fourteen.
(d) Each member of the Authority shall be a person who in the opinion of the Minister has wide experience and competence in relation to roads, transport, industrial, commercial, financial or environmental matters, local government, the organisation of workers or administration.
(2) The Minister shall, when appointing the Chairman or another member of the Authority, fix his term of office which shall be for a period not exceeding five years, and, subject to subsection (5) and section 34 , that person shall hold his office on such terms and conditions as the Minister, with the consent of the Minister for Finance, determines.
(3) A person appointed under this section whose term of office expires by the effluxion of time shall be eligible for reappointment.
(4) The Chairman and the other members of the Authority shall be paid by the Authority such remuneration (if any) and allowances for expenses as the Minister, with the consent of the Minister for Finance, determines.
(5) (a) The Chairman and any other member of the Authority may resign from office by letter addressed to the Minister and the resignation shall take effect from the date of the receipt of the letter by the Minister.
(b) The Minister may remove from office any such person if in the opinion of the Minister he has become incapable through ill-health of effectively performing his duties or has committed stated misbehaviour or his removal appears to the Minister to be necessary or desirable for the effective performance by the Authority of its functions.
(6) The Authority may act notwithstanding a vacancy amongst its members.
num: 29
paragraphs: —(1) (a) Save where a direction is in force under section 28 (1) (b), there shall be appointed from time to time a person to be the chief executive officer of the Authority (“the Chief Executive”).
(b) The first Chief Executive shall be appointed by the Minister.
(c) Each subsequent Chief Executive shall be appointed by the Authority with the consent of the Minister.
(d) The Chief Executive shall hold office for such period and upon such terms and conditions (including terms and conditions relating to remuneration) and allowances for expenses as the Minister may, with the consent of the Minister for Finance, determine from time to time.
(2) (a) The Chief Executive shall report directly to the Authority, carry on and manage and control generally the administration and business of the Authority and perform such other functions as the Authority may determine from time to time.
(b) The Chief Executive may delegate any of the functions referred to in paragraph (a).
(3) The Chief Executive shall be entitled to attend and speak (but, save where he is a member of the Authority, not vote) at any meeting of the Authority or of any committee or consultative group appointed by it.
(4) Save as is provided for in any other enactment,
(a) the Minister may at any time for stated reasons terminate the employment of the first Chief Executive;
(b) the Authority may, with the consent of the Minister, at any time for stated reasons terminate the employment of any subsequent Chief Executive.
num: 30
paragraphs: —(1) The Authority may appoint such persons to be employees of the Authority as it may determine subject to the consent of the Minister and the Minister for Finance as to numbers and grading.
(2) (a) An employee of the Authority shall be paid, out of moneys at the disposal of the Authority, such remuneration and allowances for expenses as the Authority with the consent of the Minister and the Minister for Finance, may determine.
(b) An employee of the Authority referred to in paragraph (a) shall hold his employment on such other terms (including terms specifying the duration of such employment) and conditions as the Authority, with the consent of the Minister and the Minister for Finance, may determine.
(3) In this Part, except in this section, a reference to an employee of, or a person employed by, the Authority shall include the Chief Executive.
num: 31
paragraphs: —(1) (a) A public authority may designate for employment by the Authority any person employed by the public authority and whose principal duties relate to a function assigned or transferred to the Authority under this Act, or to be so assigned or transferred to the Authority.
(b) A designation under this subsection by a public authority other than the Minister shall be made only with the consent of the Minister and the Authority.
(c) A public authority shall not designate an employee under this subsection, without having notified in writing the employee and any recognised trade unions or staff associations concerned, of its intention to do so and considered any representations made by him, or by them or by any of them, in relation to the matter within such time as may be specified in the notification.
(2) The Authority shall accept into its employment a person designated under subsection (1) for employment by it.
(3) Acceptance into the employment of the Authority of a person designated under this section shall have effect on such day as may be specified by the Minister after consultation with the Authority.
(4) The terms and conditions relating to tenure which are granted by the Authority in relation to a person accepted into its employment under this section shall not, while the person is in the employment of the Authority, be less favourable to him than those prevailing immediately before his acceptance into such employment save in accordance with a collective agreement negotiated with any recognised trade unions or staff associations concerned. If a dispute arises between the Authority and any such person as to the terms and conditions prevailing immediately before his acceptance into the employment of the Authority, the matter shall be determined by the Minister for Finance, after consultation with the Minister.
(5) Save in accordance with a collective agreement negotiated with any recognised trade unions or staff associations concerned, a person referred to in subsection (4) shall not, while in the employment of the Authority, receive a lesser scale of pay or be made subject to less beneficial terms and conditions of service (other than those relating to tenure) than the scale of pay to which he was entitled and the terms and conditions of service (other than those relating to tenure) to which he was subject immediately before the day on which he was so accepted.
(6) Until such time as the scale of pay and the terms and conditions of service (other than those relating to tenure) of a person referred to in subsection (4) are varied by the Authority, following consultation with any recognised trade unions and staff associations concerned, the scales of pay to which such person was entitled and the terms and conditions of service (other than those relating to tenure), restrictions, requirements and obligations to which the person was subject immediately before such acceptance shall continue to apply and may be applied or imposed by the Authority, while the person is in the employment of the Authority; no such variation shall operate to worsen the scale of pay or the terms or conditions of service aforesaid applicable to an employee immediately before he was accepted into the employment of the Authority, save in accordance with a collective agreement negotiated with any recognised trade unions or staff associations concerned.
(7) Previous service of any person in a public authority from which he was accepted into the employment of the Authority under this section shall be reckonable for the purposes of, but subject to any other exceptions or exclusions in, the Redundancy Payments Acts, 1967 to 1991, the Holidays (Employees) Acts, 1973 and 1991, the Minimum Notice and Terms of Employment Acts, 1973 to 1991, and the Unfair Dismissals Acts, 1977 and 1991.
num: 32
paragraphs: —(1) For the purpose of enabling the Authority to perform its functions, the Minister may provide services (including services of staff) to the Authority on such terms and conditions (including payment for such services) as may be agreed and the Authority may avail of such services.
(2) The Authority may provide services (including services of staff) to the Minister, a road authority or any other body or person on such terms and conditions (including payment for such services) as may be agreed and the Minister, a road authority or any other body or person may avail of such services.
(3) A road authority may provide services (including services of staff) to the Minister, another road authority or any other body or person on such terms and conditions (including payment for such services) as may be agreed, and the Minister, the other road authority or any other body or person may avail of such services.
(4) A public authority may provide to the Authority any services (including services of staff) required by the Authority for the performance of any of its functions under this Act on such terms and conditions (including payment for such services) as may be agreed and the Authority may avail of such services.
num: 33
paragraphs: —Where the Authority is satisfied that a member of the Authority, an employee of the Authority, a person whose services are provided to the Authority under section 32 or a member of a committee or consultative group established by the Authority has discharged his duties in relation to the functions of the Authority in a bona fide manner, it shall indemnify such member, employee or person against all actions or claims however so arising in respect of the discharge by him of his duties.
num: 34
paragraphs: —(1) Where a member of the Authority—
(a) accepts nomination as a member of Seanad Ãireann, or
(b) is elected to either House of the Oireachtas or to the European Parliament, or
(c) is regarded pursuant to section 15 (inserted by the European Assembly Elections Act, 1984 ) of the European Assembly Elections Act, 1977 , as having been elected to such Parliament to fill a vacancy,
he shall thereupon cease to be a member of the Authority.
(2) Where a person employed by the Authority—
(a) accepts nomination as a member of Seanad Ãireann, or
(b) is elected to either House of the Oireachtas or to the European Parliament, or
(c) is regarded pursuant to section 15 (inserted by the European Assembly Elections Act, 1984 ) of the European Assembly Elections Act, 1977 , as having been elected to such Parliament to fill a vacancy,
he shall thereupon stand seconded from employment by the Authority and shall not be paid by, or be entitled to receive from, the Authority any remuneration or allowances in respect of the period commencing on such acceptance, or election, as the case may be, and ending when he ceases to be a member of either such House or such Parliament.
(3) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or is a member of the European Parliament shall, while he is so entitled or is such a member, be disqualified from becoming a member of, or being employed by, the Authority.
(4) Without prejudice to the generality of subsection (2), that subsection shall be construed as prohibiting, inter alia, the reckoning of a period mentioned in that subsection as service with the Authority for the purposes of any superannuation benefits.
num: 35
paragraphs: —(1) (a) In this section “local authority” means a local authority for the purposes of the Local Government Act, 1941 .
(b) Subject to paragraph (c), no person shall be employed by the Authority while he is a member of a local authority.
(c) The Minister may by order designate a class, description or grade of employment to which the provisions of paragraph (b) shall not apply while such order is in force.
(2) Where a person (whose employment has not been designated by the Minister under subsection (1) (c)) is elected as a member of a local authority or co-opted as a member of a local authority, he shall be released on special leave by the Authority and shall not be paid by, or be entitled to receive from, the Authority any remuneration or allowances—
(a) in case he is elected as a member of a local authority — in respect of the period commencing on his election and ending when he ceases to be a member of the local authority,
(b) in case he is co-opted as a member of the local authority — in respect of the period commencing on such co-option and ending when he ceases to be a member of the local authority.
(3) Without prejudice to the generality of subsection (2), that subsection shall be construed as prohibiting, inter alia, the reckoning of a period mentioned in paragraph (a) or (b) of that subsection as service with the Authority for the purposes of any superannuation benefits.
num: 36
paragraphs: —(1) The Authority may, with the consent of the Minister and the Minister for Finance, make a scheme or schemes for the granting of superannuation benefits to or in respect of—
(a) persons appointed under sections 29 and 30 to, or accepted under section 31 into, wholetime employment of the Authority, and
(b) the Chairman of the Authority where he by direction of the Minister under section 28 (1) (b) performs the functions referred to in section 29 (2).
(2) A scheme under subsection (1) shall fix the time and conditions of retirement for all persons to or in respect of whom superannuation benefits are payable under the scheme and different times and conditions may be fixed in respect of different classes of persons.
(3) The Authority may, with the consent of the Minister and the Minister for Finance, make a scheme amending or revoking a scheme under this section, including a scheme under this subsection.
(4) If any dispute arises as to the claim of any person to, or the amount of any superannuation benefit payable in pursuance of a scheme or schemes under this section such dispute shall be submitted to the Minister who shall refer it to the Minister for Finance, whose decision shall be final.
(5) No superannuation benefits shall be granted by the Authority on the resignation, retirement or death of a person to whom subsection (1) relates otherwise than in accordance with a scheme or schemes under this section.
(6) A scheme under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the scheme is passed by either such House within the next twenty-one days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.
(7) A scheme or schemes under subsection (1) shall, as respects a person accepted into wholetime employment of the Authority under section 31 , provide for the granting to or in respect of him of superannuation benefits upon and subject to terms and conditions that are not less favourable to him than the terms and conditions applied to him immediately before the day on which he was so accepted into the employment of the Authority in relation to the grant of such benefits.
(8) Where, during the period between the establishment of the Authority and the coming into operation of a scheme under this section, superannuation benefits would have been granted to or in respect of a person accepted into wholetime employment of the Authority, under section 31 , in respect of his employment with the public authority concerned, the superannuation benefits shall be granted and paid to or in respect of the person by the Authority and, for that purpose, his pensionable service with the Authority shall be aggregated with his previous pensionable service.
num: 37
paragraphs: —(1) Where a member of the Authority, an employee of the Authority, a person whose services are provided to the Authority under section 32 , a member of a committee or consultative group established by the Authority or a consultant, adviser or other person engaged by the Authority, has a pecuniary or other beneficial interest in, or material to, any matter which falls to be considered by the Authority, committee or consultative group or by him, he shall comply with the following requirements—
(a) in advance of any consideration of the matter, he shall disclose to the Authority and as the case may be to any meeting of the Authority, committee or consultative group considering the matter the nature of his interest;
(b) he shall neither influence nor seek to influence a decision to be made in relation to the matter;
(c) he shall take no part in any consideration of the matter;
(d) he shall withdraw from the meeting for so long as the matter is being discussed or considered by the Authority, committee or consultative group and, where he is a member of such Authority, committee or consultative group shall not vote or otherwise act as such member in relation to the matter.
(2) A person shall be regarded as having a beneficial interest in (but not confined to) each of the following cases—
(a) he, any member of his household or any nominee of his or his household is a member of a company or any other body which has a beneficial interest in, or material to, a matter referred to in subsection (1);
(b) he or any member of his household is in partnership with or is in the employment of a person who has a beneficial interest in, or material to, such a matter;
(c) he or any member of his household is a party to any arrangement or agreement (whether or not enforceable) concerning land to which such a matter relates;
(d) any member of his household has a beneficial interest in, or material to, such a matter.
(3) A person shall not be regarded as having a beneficial interest in, or material to, any matter by reason only of an interest of his or of any company or of any other body or person mentioned in subsection (2) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in considering or discussing, or in voting on, any question with respect to the matter, or in performing any function in relation to that matter.
(4) Where a question arises as to whether or not a course of conduct, if pursued by a person, would be a failure by him to comply with the requirements of subsection (1), the question shall be determined by the Authority and particulars of the determination shall be recorded in the minutes of the meeting concerned.
(5) Where at a meeting of the Authority, a committee or consultative group a disclosure is made under this section, particulars of the disclosure shall be recorded in the minutes of the meeting concerned and, for as long as the matter to which the disclosure relates is being considered by the meeting, the person by whom the disclosure is made shall not be counted in the quorum of the meeting.
(6) A person who contravenes a requirement of this section shall be guilty of an offence.
(7) In any proceedings for an offence under this section it shall be a defence for the defendant to prove that at the time of the alleged offence he did not know and had no reason to believe that a matter in which, or in relation to which, he had a beneficial interest had fallen to be considered by him, by the Authority, or by a committee or consultative group established by the Authority, as the case may be, or that the beneficial interest to which the alleged offence relates was one in relation to which a requirement of this section applied.
num: 38
paragraphs: —(1) A person shall not disclose confidential information obtained by him while performing duties as a member of the Authority, as an employee of the Authority, as a person whose services are provided to the Authority under section 32 , as a member of a committee or consultative group established by the Authority or as a consultant, adviser or other person engaged by the Authority unless he is duly authorised to do so.
(2) In this section “confidential information” includes—
(a) information that is expressed by the Authority or the Minister to be confidential either as regards particular information or as regards information of a particular class or description,
(b) commercial information in relation to contractors, consultants, providers of finance or any other person,
(c) proposals of a commercial nature or tenders submitted to the Authority or a road authority by contractors, consultants or any other person,
and “duly authorised” means authorised in writing by the Authority or by some person authorised in that behalf by the Authority.
(3) A person who contravenes subsection (1) shall be guilty of an offence.
num: 39
paragraphs: —(1) A person who communicates with a member of the Authority or of a committee or consultative group established by the Authority or with a person employed by the Authority or a person whose services are provided to the Authority under section 32 , or with a consultant, adviser or other person engaged by the Authority, for the purpose of influencing improperly his consideration of any matter which falls to be considered or decided by the Authority, committee or consultative group shall be guilty of an offence.
(2) If a member or a person to whom a communication is made becomes of opinion that a communication is in contravention of subsection (1), it shall be his duty not to entertain the communication further and he shall inform forthwith the Chairman of the Authority in writing of the substance of such communication and the Chairman shall acknowledge in writing the receipt of such information.
num: 40
paragraphs: —(1) It shall be the duty of a person to whom this section applies to give to the Authority a declaration in the prescribed form, signed by him, and containing particulars of every interest of his which is an interest to which this section applies and for so long as he continues to be a person to whom this section applies it shall be his duty, where there is a change regarding any such interest or where he acquires any other interest to which this section applies, to give to the Authority a new declaration in the prescribed form.
(2) (a) This section applies to—
(i) a member of the Authority,
(ii) a member of a committee performing a function delegated to it by the Authority, and
(iii) an employee of the Authority or a person whose services are provided to the Authority under section 32 where such employee or person is of a class, description or grade prescribed for the purpose of this section.
(b) This section applies to the following interests—
(i) any estate or interest which a person to whom this section applies has in any land or in any activity,
(ii) any business of dealing in or developing land, or any activity, in which such a person is engaged or employed and any such business carried on by a company or other body of which he, or any nominee of his, is a member,
(iii) any profession, business or occupation in which such a person is engaged, whether on his own behalf or otherwise, and which relates to dealing in or developing land or to any activity.
(3) A person to whom this section applies and who has an interest to which this section applies shall be regarded as complying with the requirements of subsection (1) if, and only if, he gives to the Authority a declaration mentioned in that subsection within the period of twenty-eight days beginning—
(a) in case the person is such a person on the commencement of this section — on such commencement,
(b) in case the person becomes such a person after the commencement of this section — on the day on which he becomes such a person,
(c) in case there is a change regarding an interest particulars of which are contained in a declaration already given by the person or where the person acquires any other interest to which this section applies — on the day on which the change occurs or the other such interest is acquired.
(4) For the purposes of this section, a person shall be regarded as having an estate or interest in land or an activity if he, or any nominee of his, is a member of a company or other body which has an estate or interest in the land or the activity.
(5) For the purposes of this section, a person shall not be regarded as having an interest to which this section applies if the interest is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in considering or discussing, or in voting on, any question with respect to any matter arising or coming before the Authority or a committee of the Authority, or in performing any function in relation to any such matter.
(6) Where a person to whom this section applies has an interest to which this section applies by reason only of the beneficial ownership of shares in a company or other body by him or by his nominee and the total nominal value of those shares does not exceed the lesser of—
(a) one thousand pounds, or
(b) one-hundredth part of the total nominal value of either the issued share capital of the company or body, or where that capital is issued in shares of more than one class, the issued share capital of the class or classes of shares in which he has an interest,
subsection (1) shall not have effect in relation to that interest.
(7) The Authority shall for the purposes of this section keep a register (which register is in this section referred to as the register of interests) and shall enter therein the particulars contained in declarations given to the Authority under this section.
(8) The register of interests shall be available for inspection by any person at the Authority's headquarters during office hours and a copy of the register or any entry in the register may be obtained by any person on the payment to the Authority of such fee (if any) as the Authority shall fix not exceeding the reasonable cost of making a copy.
(9) Where a person ceases to be a person to whom this section applies, any particulars entered in the register of interests as a result of a declaration being given by the person to the Authority under this section shall be removed, as soon as may be after the expiration of the period of five years beginning on the day on which the person ceases to be such a person, from the said register by the Authority.
(10) Subject to subsection (11), a person who fails to comply with subsection (1) or who, when purporting to comply with the requirements of the said subsection (1), gives particulars which are false or which to his knowledge are misleading in a material respect, shall be guilty of an offence.
(11) In any proceedings for an offence under this section it shall be a defence for the defendant to prove that at the relevant time he believed, in good faith and upon reasonable grounds, that—
(a) the relevant particulars were true,
(b) there was no matter as regards which he was then required to make a declaration under subsection (1), or
(c) the matter in relation to which the offence is alleged was not one as regards which he was so required to make such declaration.
(12) In this section “activity” means—
(a) the provision of consultancy services in relation to road construction or maintenance,
(b) the carrying out or the management of road construction or maintenance works,
(c) the provision, manufacture or supply of equipment, plant, materials or any other thing for the purpose of road construction or maintenance,
(d) the provision to the Authority or a road authority of training, research or testing services in relation to its functions, and
(e) any other prescribed activity.
num: 41
paragraphs: —(1) The Minister may give a direction in writing to the Authority in relation to any of the functions assigned to it by or under this Act and the Authority shall comply with the direction.
(2) The Minister shall lay a copy of any direction given by him under subsection (1) before each House of the Oireachtas.
(3) (a) The Minister may give policy, financial or other guidelines to the Authority in relation to the performance of the functions assigned to it by or under this Act and the Authority shall have regard to such guidelines when performing its functions.
(b) The Minister shall not give financial guidelines to the Authority under paragraph (a) save with the consent of the Minister for Finance.
(4) The Minister shall lay a copy of any guidelines given by him under subsection (3) before each House of the Oireachtas.
num: 42
paragraphs: —The Third Schedule shall apply in relation to the Authority.
num: 43
paragraphs: —(1) A motorway means a public road or proposed public road specified to be a motorway in a motorway scheme approved by the Minister under section 49 .
(2) A person shall not have or be entitled to direct access from any land adjoining a motorway to the motorway, or from the motorway to such land, nor shall a right to such direct access be granted at any time.
(3) The Minister may prescribe—
(a) the classes of vehicles which shall be permitted to use a motorway and different classes of vehicles may be prescribed in relation to motorways generally, particular motorways or particular parts of particular motorways, and
(b) conditions in relation to the use of motorways generally, particular motorways or particular parts of particular motorways by vehicles or specified classes of vehicles (including conditions specifying the periods of use of motorways by specified classes of vehicles) and different conditions may be prescribed in relation to different motorways or different classes of vehicles.
(4) (a) Pedestrians and pedal cyclists shall not use a motorway.
(b) Persons in charge of, or having control over, animals shall not permit them to be on a motorway.
(5) (a) A person who uses a motorway in contravention of regulations under subsection (3) shall be guilty of an offence.
(b) A person who contravenes subsection (4) shall be guilty of an offence.
(6) A reference in any enactment or instrument to a motorway shall be deemed to be a reference to a motorway as defined in this Act.
num: 44
paragraphs: —(1) A busway means a public road or proposed public road specified to be a busway in a busway scheme approved by the Minister under section 49 .
(2) Save as is provided in subsection (4) (a), a person shall not have or be entitled to direct access from any land adjoining a busway to the busway, or from the busway to such land nor shall a right to such direct access be granted at any time.
(3) The Minister may, after consultation with the Minister for Transport, Energy and Communications, prescribe—
(a) the classes of vehicles which shall be permitted to use a busway and different classes of vehicles may be prescribed in relation to busways generally, particular busways or particular parts of particular busways, and
(b) conditions in relation to the use of busways generally, particular busways or particular parts of particular busways by vehicles or specified classes of vehicles (including conditions specifying the periods of use of busways by specified classes of vehicles) and different conditions may be prescribed in relation to different busways or different classes of vehicles.
(4) (a) Pedestrians (other than for the purposes of access to or from vehicles prescribed under subsection (3)) and pedal cyclists shall not use a busway.
(b) Persons in charge of, or having control over, animals shall not permit them to be on a busway.
(5) (a) A person who uses a busway in contravention of regulations under subsection (3) shall be guilty of an offence.
(b) A person who contravenes subsection (4) shall be guilty of an offence.
num: 45
paragraphs: —(1) A protected road means a public road or proposed public road specified to be a protected road in a protected road scheme approved by the Minister under section 49 .
(2) A protected road scheme approved by the Minister may provide for the prohibition, closure, stopping up, removal, alteration, diversion or restriction of any specified or all means of direct access to the protected road from specified land or from specified land used for a specified purpose or to such land from the protected road.
(3) (a) A protected road scheme approved by the Minister may prohibit or restrict the use of the protected road or a particular part thereof by—
(i) specified types of traffic,
(ii) specified classes of vehicles,
but shall not prohibit or restrict such use—
(I) by ambulances or fire brigade vehicles,
(II) by vehicles used by members of the Garda SÃ­ochÃ¡na or the Defence Forces in the performance of their duties as such members,
(III) for the purpose of maintaining such protected road.
(b) A person who contravenes a prohibition or restriction under paragraph (a) shall be guilty of an offence.
num: 46
paragraphs: —(1) Notwithstanding anything contained in any other enactment, neither a planning authority nor An Bord PleanÃ¡la shall decide to grant, or grant, planning permission, nor shall a decision by a planning authority to grant any planning permission be regarded as having been given under section 26 (4) of the Act of 1963—
(a) for any development of land which would permit or involve direct access to or from a motorway or a busway or which would contravene the provisions of a protected road scheme approved by the Minister under section 49 relating to direct access to or from a protected road,
(b) for any development of land proposed to be compulsorily acquired under a scheme made by a road authority under section 47 ,
(c) for any development of land where such development would affect materially the exercise by the road authority of the rights proposed to be compulsorily acquired in relation to land under a scheme made by a road authority under section 47 ,
(d) for any development of land which would contravene the provisions of a scheme made by a road authority under section 47 .
(2) (a) Where the Minister, by order under section 49 , refuses to approve a scheme, subsection (1) shall cease to apply in relation to such scheme with effect from the date of the making of such order.
(b) Where the Minister, by order under section 49 , approves a scheme with modifications, subsection (1) shall, with effect from the date of the making of such order, apply only to such scheme as approved with modifications.
(3) Compensation under section 11 of the Act of 1990 shall not be payable in respect of the refusal of permission for any development of land of a kind referred to in subsection (1) or in respect of the imposition, on the granting of permission to develop land, of any condition relating to—
(a) the prohibition of direct access to or from a motorway or a busway,
(b) the prohibition, closure, stopping up, removal, alteration, diversion or restriction of direct access to or from a protected road which is provided for in a protected road scheme approved by the Minister under section 49 .
(4) Save as is provided for in section 54 , no person shall undertake any development of land which would permit or involve direct access to or from a motorway or a busway or which would contravene the provisions of an approved protected road scheme relating to direct access to or from a protected road.
(5) (a) Where a means of direct access from any land to a motorway or a busway or to any land from a motorway or a busway has been constructed, or otherwise provided, by any person in contravention of section 43 (2) or 44 (2) or subsection (4) of this section, the road authority may, without giving notice to the owner of the land or to any other person, take all steps necessary to close, stop up or remove the means of access and may recover from the owner of the land as a simple contract debt in any court of competent jurisdiction any expenses reasonably incurred by the road authority in closing, stopping up or removing that means of access.
(b) Where a means of direct access from any land to a protected road or to any land from a protected road contravenes a protected road scheme approved by the Minister under section 49 , the road authority may (as appropriate in accordance with the provisions of such scheme) take all steps necessary to close, stop up, remove, alter, divert or restrict the means of access and may, where the means of access was provided subsequent to the approval by the Minister of the protected road scheme, recover from the owner of the land as a simple contract debt in any court of competent jurisdiction any expenses reasonably incurred by the road authority in closing, stopping up, removing, altering, diverting or restricting that means of access.
(6) (a) Any person who constructs or provides or attempts to construct or provide a means of direct access to or from a motorway or a busway in contravention of section 43 (2) or section 44 (2) shall be guilty of an offence.
(b) Any person who contravenes subsection (4) shall be guiltyof an offence.
(c) Any person who constructs, provides or retains or attempts to construct, provide or retain a means of direct access which contravenes a protected road scheme approved by the Minister under section 49 shall be guilty of an offence.
(7) Any person (other than a road authority) who interferes with (otherwise than with the prior written consent of the road authority) or damages any fence or other boundary forming part of a motorway, a busway or a protected road shall be guilty of an offence.
num: 47
paragraphs: —(1) A road authority may make—
(a) a motorway scheme,
(b) a busway scheme,
(c) a protected road scheme,
(d) a protected road scheme amending a protected road scheme approved under section 49 ,
referred to in this Act as “a scheme”.
(2) (a) A scheme under this section shall be in the prescribed form and shall (where appropriate) specify—
(i) the proposed motorway, busway or protected road to which the scheme relates,
(ii) any land which is proposed to be compulsorily acquired for the purposes of the proposed motorway, busway or protected road,
(iii) any rights proposed to be compulsorily acquired in relation to land for the purposes of the proposed motorway, busway or protected road,
(iv) any public and private rights of way proposed to be extinguished over the land referred to in subparagraphs (ii) and (iii),
(v) any land in respect of which it is proposed to prohibit, close, stop up, remove, alter, divert or restrict a means of direct access to or from the proposed motorway, busway or protected road,
(vi) any land used for a specified purpose in respect of which it is proposed to prohibit, close, stop up, remove, alter, divert or restrict a means of direct access to or from the proposed protected road,
(vii) any planning permissions for the development of land proposed to be revoked or modified and the extent of any such modification,
(viii) such other matters as may be prescribed from time to time by the Minister.
(b) The matters referred to in paragraph (a) shall (where appropriate) be described by reference to a map or maps.
(c) The land referred to in paragraph (a) (ii) and the rights in relation to land referred to in paragraph (a) (iii) shall include all land and rights in relation to land necessary for or incidental to the construction or maintenance of a motorway, a busway or a protected road and all land or rights in relation to land required for access roads, ramps, toll facilities, service areas and maintenance depots.
(3) Where it is proposed to prohibit or restrict the use of a protected road or a particular part thereof by—
(a) specified types of traffic, or
(b) specified classes of vehicles,
the protected road scheme shall specify the proposed prohibitions or restrictions.
(4) (a) Where in accordance with subsection (2) a scheme made by a road authority specifies a planning permission which is proposed to be revoked, that planning permission shall stand suspended from the date of the making of the scheme until the Minister approves or refuses to approve the scheme under section 49 and if the scheme is approved the planning permission shall be revoked.
(b) Where in accordance with subsection (2) a scheme made by a road authority specifies a planning permission which is proposed to be modified, that planning permission shall stand modified to such extent as is specified in the scheme from the date of the making of the scheme until the Minister approves or refuses to approve the scheme under section 49 and if the scheme is approved the planning permission shall be modified to such extent as is specified in the scheme as approved.
(c) A planning authority shall enter in the register kept under the Act of 1963 particulars of—
(i) the planning permissions proposed to be revoked or modified under a scheme made under this section and the extent of such modification,
(ii) the decision of the Minister under section 49 (3) insofar as it affects the planning permissions referred to in subparagraph (i).
(d) For the purposes of this section “planning permission” means a planning permission (which has not ceased to have effect in accordance with the provisions of the Act of 1982).
num: 48
paragraphs: —Before submitting a scheme to the Minister under section 49 a road authority shall—
(a) publish in one or more newspapers circulating in the area where the proposed motorway, busway or protected road is to be located a notice in the prescribed form—
(i) stating that a scheme has been made,
(ii) indicating the times at which, the period (which shall be not less than one month) during which and the place where a copy of the scheme and the map referred to therein may be inspected, and
(iii) stating that objections may be made in writing to the Minister in relation to the scheme before a specified date (which shall be not less than two weeks after the end of the period for inspection),
(b) serve on every owner and occupier of any land referred to in a scheme made under section 47 and on every person who, in the opinion of the authority, is affected by the proposed revocation or modification of a planning permission specified in such scheme, a notice in the prescribed form stating—
(i) the nature and extent of the scheme,
(ii) that the scheme will be submitted to the Minister for approval, and
(iii) the specified date (which shall be not less than two weeks after the end of the period for inspection referred to in paragraph (a) (ii)) before which objections may be made in writing to the Minister in relation to the scheme.
num: 49
paragraphs: —(1) A road authority shall submit any scheme made by it under section 47 to the Minister for his approval.
(2) Before approving a scheme submitted to him the Minister shall—
(a) cause a public local inquiry into all matters relating to the scheme to be held,
(b) consider any objections to the scheme which have been made to him and not withdrawn,
(c) consider the report and any recommendation of the person conducting such inquiry.
(3) The Minister may, by order, approve a scheme with or without modifications or he may refuse to approve such a scheme and shall publish in one or more newspapers circulating in the area where the proposed motorway, busway or protected road is to be located notice of his decision, including, where appropriate, particulars of any modifications to the scheme.
(4) The Minister may, in any case where he considers it reasonable to do so, direct the road authority to provide for any person who, by reason of the implementation of a motorway, busway or protected road scheme—
(a) is permanently deprived of reasonable access to or from his property or to or from one part of his property to another — a suitable alternative means of access,
(b) is, during construction, temporarily deprived of reasonable access to or from his property or to or from one part of his property to another — a temporary means of access during the course of such construction,
and the road authority shall comply with any such direction.
(5) Where a scheme made by a road authority under section 47 specifies a planning permission which it is proposed to revoke or modify and where the Minister—
(a) refuses to approve the scheme, or
(b) approves the scheme with modifications and the effect of such modifications is that the specified planning permission will not be revoked or modified or will be modified in a form other than that specified in the scheme as made by the road authority,
the duration of such planning permission shall, notwithstanding the Act of 1982, be extended by a period specified in the order of the Minister under subsection (3), the duration of which shall be equivalent to the period beginning on the date on which the scheme was made by the road authority and ending on the date on which the decision referred to in paragraph (a) or (b) was made by the Minister.
num: 50
paragraphs: —(1) (a) A road authority shall prepare a statement of the likely effects on the environment (hereinafter referred to as an “environmental impact statement”) of any proposed road development consisting of—
(i) the construction of a motorway,
(ii) the construction of a busway,
(iii) any prescribed type of proposed road development consisting of the construction of a proposed public road or the improvement of an existing public road.
(b) Where the Minister considers that any proposed road development (other than development to which paragraph (a) applies) consisting of the construction of a proposed public road or the improvement of an existing public road would be likely to have significant effects on the environment, he shall direct the road authority to prepare an environmental impact statement in respect of such proposed road development and the authority shall comply with such direction.
(c) Where a road authority considers that any proposed road development (other than development to which paragraph (a) applies) consisting of the construction of a proposed public road or the improvement of an existing public road would be likely to have significant effects on the environment, it shall inform the Minister in writing and where the Minister concurs with the road authority he shall give a direction to the road authority under paragraph (b).
(2) An environmental impact statement shall contain the following specified information:
(a) a description of the proposed road development, comprising information about the site, design, size, physical characteristics and land-use requirements of the development;
(b) the data necessary to identify and assess the main effects which the proposed road development is likely to have on the environment;
(c) a description of the likely significant effects, direct and indirect, on the environment of the proposed road development, explained by reference to its possible impact on—
(i) human beings, fauna and flora,
(ii) soil, water, air, climate and the landscape,
(iii) the inter-action between any of the matters referred to in subparagraphs (i) and (ii),
(iv) material assets, and
(v) the cultural heritage;
(d) where significant adverse effects are identified with respect to any of the matters referred to in paragraph (c), a description of the measures envisaged in order to avoid, reduce and, if possible, remedy those effects;
(e) where appropriate, an outline of the main alternatives (if any) studied and an indication of the main reasons for choosing the proposed alternative, taking into account the environmental effects; and
(f) a summary in non-technical language.
(3) An environmental impact statement may include, by way of explanation or amplification of any of the specified information referred to in subsection (2), further information on any of the following matters:
(a) the estimated type and quantity of expected emissions resulting from the proposed road development when in operation;
(b) the likely significant direct and indirect effects (including secondary, cumulative, short, medium, and long term, permanent and temporary, positive and negative effects) on the environment of the development proposed which may result from—
(i) the use of natural resources,
(ii) the emission of pollutants, the creation of nuisances, and the elimination of waste;
(c) the forecasting methods used to assess any effects on the environment about which information is given under subparagraph (b);
(d) any difficulties, such as technical deficiencies or lack of knowledge, encountered in compiling any specified information.
num: 51
paragraphs: —(1) A proposed road development shall not be carried out unless the Minister has approved it or approved it with modifications.
(2) A road authority shall apply to the Minister for the approval referred to in subsection (1) in relation to a proposed road development and shall submit to the Minister the environmental impact statement prepared in respect of such development.
(3) Where a road authority has made an application for approval under subsection (2), it shall as soon as may be—
(a) publish in one or more newspapers circulating in the area in which the proposed road development would take place a notice in the prescribed form—
(i) stating that it has made an application to the Minister for the approval of the proposed road development,
(ii) stating that an environmental impact statement in respect of the proposed road development has been prepared,
(iii) indicating the times at which, the period (which shall be not less than one month) during which and the place where a copy of the environmental impact statement may be inspected,
(iv) stating that a copy of the environmental impact statement may be purchased on payment of a specified fee not exceeding the reasonable cost of making such copy, and
(v) stating that submissions may be made in writing to the Minister in relation to the likely effects on the environment of the proposed road development before a specified date (which shall be not less than two weeks after the end of the period for inspection);
(b) send a copy of the environmental impact statement together with a notice in the prescribed form, stating that the authority has made an application for approval of the proposed road development and that submissions may be made in writing to the Minister before a specified date (which shall be not less than two weeks after the end of the period for inspection referred to in subsection (3) (a) (iii)) in relation to the likely effects on the environment of the proposed road development to each of the following—
(i) the Commissioners of Public Works in Ireland,
(ii) Bord FÃ¡ilte Ãireann,
(iii) An Taisce — the National Trust for Ireland,
(iv) any other prescribed body or person;
(c) send a copy of the environmental impact statement to the prescribed authority in Northern Ireland where the proposed road development is likely to have significant effects on the environment in Northern Ireland or where that authority so requests, together with a notice in the prescribed form, stating that the authority has made an appli-cation for approval of the proposed road development and that submissions may be made in writing to the Minister in relation to the likely effects on the environment of the proposed road development.
(4) The Minister may require a road authority which has applied to him for an approval in accordance with subsection (2) to furnish him with specified additional information in relation to the likely effects on the environment of the proposed road development and the authority shall comply with any such requirement.
(5) Before approving a proposed road development the Minister shall—
(a) consider the environmental impact statement submitted under subsection (2), any additional information furnished under subsection (4) and any submissions made in relation to the likely effects on the environment of the proposed road development,
(b) consider any views of the prescribed authority in Northern Ireland where a copy of the environmental impact statement was sent to it in accordance with subsection (3) (c),
(c) consider the report and any recommendation of the person conducting an inquiry referred to in subsection (7) where evidence is heard at such inquiry in relation to the likely effects on the environment of the proposed road development.
(6) The Minister may, by order, approve a proposed road development with or without modifications or he may refuse to approve such a development and shall—
(a) publish in one or more newspapers circulating in the area in which the proposed road development would take place notice of his decision, including, where appropriate, particulars of any modifications to the proposed road development,
(b) inform the prescribed authority in Northern Ireland of his decision where a copy of the environmental impact statement was sent to it in accordance with subsection (3) (c).
(7) (a) The person conducting—
(i) a public local inquiry under section 49 , or
(ii) a local inquiry in relation to a bridge order under section 47 of the Act of 1946, or
(iii) a public local inquiry in relation to the compulsory acquisition of land,
which relates wholly or partly to a proposed road development in respect of which a road authority has applied for an approval under this section shall be entitled to hear evidence in relation to the likely effects on the environment of such development.
(b) Where an application for approval under this section relates to a proposed road development, and
(i) a scheme submitted to the Minister for approval under section 49 , or
(ii) an application submitted to the Minister for a bridge order under the Act of 1946, or
(iii) a compulsory purchase order submitted to the Minister for confirmation,
relate wholly or partly to the same proposed road development, the Minister shall make a decision on such approval and on the approval of such scheme or the making of such bridge order or the confirmation of such compulsory purchase order at the same time.
(8) (a) The European Communities (Environmental Impact Assessment) (Motorways) Regulations, 1988 ( S.I. No. 221 of 1988 ) are hereby revoked.
(b) The European Communities (Environmental Impact Assessment) Regulations, 1989 ( S.I. No. 349 of 1989 ) and the Local Government (Planning and Development) Regulations, 1990 ( S.I. No. 25 of 1990 ) shall not apply to proposed road development.
num: 52
paragraphs: —(1) Whenever the Minister approves a scheme (with or without modifications) under section 49 , the road authority shall thereupon be authorised to compulsorily acquire any land or any rights in relation to land specified in the approved scheme and, for that purpose, the scheme shall have the same effect as if it were a compulsory purchase order in respect of that land or any rights in relation to land which, consequent on a decision made by the road authority, pursuant to section 10 (1) of the Local Government (No. 2) Act, 1960 (as inserted by section 86 of the Housing Act, 1966 ), had been duly made and confirmed.
(2) Whenever the Minister approves a scheme (with or without modifications) the road authority shall thereupon be authorised to close, stop up, remove, alter, divert or restrict an existing means of direct access (including access from a public road) to a motorway or a busway or a protected road from any land as specified in the approved scheme or from any land to a motorway or a busway or a protected road.
(3) In any case where the closing, stopping up, removing, altering, diverting or restricting of an existing means of direct access under subsection (2) results in the owner of any land being deprived of the only means of access from that land to any public road or to that land from a public road, the road authority shall not close, stop up, remove, alter, divert or restrict such means of access until an alternative means of access to or from a public road has been provided.
(4) Whenever, by reason of the approval of a scheme (with or without modifications) by the Minister, direct access from any land to a public road or to any land from a public road is prohibited, closed, stopped up, removed, altered, diverted or restricted, any person who has suffered damage in consequence thereof by the depreciation of any interest in the land to which he is entitled or by being disturbed in his enjoyment of that land, shall be entitled to recover from the road authority compensation in respect of that damage:
Provided that in assessing compensation regard shall be had to any new means of access provided by the road authority and where appropriate to any existing means of access (whether restricted or otherwise) which remains.
(5) A claim for compensation under subsection (4) shall be made not later than six months after the date on which the scheme to which it relates was approved by the Minister and shall, in default of agreement, be determined by arbitration under the Acquisition of Land (Assessment of Compensation) Act, 1919 , in the like manner in all respects as if such claim arose in relation to the compulsory acquisition of land, but subject to the proviso that the arbitrator shall have jurisdiction to make a nil award.
(6) A claim for compensation may be made in relation to a planning permission which is revoked or modified under a scheme approved by the Minister under section 49 as if the revocation or modification had been made by notice under section 30 of the Act of 1963, and for the purposes of section 17 of the Act of 1990, the road authority which made the scheme shall be deemed to be the planning authority.
num: 53
paragraphs: —(1) (a) The powers conferred on any State authority, statutory undertaker or local authority by or under any enactment to carry out works along, adjoining, in, on, under or over any land shall not be exercised by that authority or undertaker in relation to any land comprised in a motorway, busway or protected road otherwise than with the consent of the Authority (in the case of a national road) or the Minister (in the case of a regional road or a local road).
(b) Paragraph (a) shall not apply to the carrying out by a road authority of any functions assigned to it by or under any enactment (including this Act) relating to the construction or maintenance of public roads.
(c) (i) The carrying out by a State authority, statutory undertaker or local authority of emergency works necessary to eliminate or reduce danger or risk to persons or property or of maintenance works shall not require consent under paragraph (a).
(ii) In subparagraph (i) “maintenance works” includes the inspection, repair, renewal or removal of the works referred to in paragraph (a), but does not include the relocation of those works.
(iii) A road authority may issue a direction to a State authority, statutory undertaker or local authority in relation to the works referred to in subparagraph (i) and the authority or undertaker shall comply with this direction.
(2) The Minister may make regulations providing that before submitting an application for consent under subsection (1) in respect of prescribed works—
(a) a State authority, statutory undertaker or local authority shall publish in one or more newspapers circulating in the area in which the proposed works would be located a notice in the prescribed form—
(i) stating that it is proposed to apply for consent in respect of specified works,
(ii) indicating the times at which, the period (which shall be not less than one month) during which and the place where a copy of the application may be inspected,
(iii) stating that objections or representations may be made in writing to the Authority or the Minister in relation to the granting of consent before a specified date (which shall be not less than two weeks after the end of the period for inspection);
(b) the Authority or the Minister may, having considered any objections or representations made to it or him under paragraph (a) (iii) and not withdrawn, grant or refuse consent or grant consent subject to such conditions or restrictions as it or he considers necessary;
(c) the Authority or the Minister may at its or his discretion cause an oral hearing to be held into any objections or representations made under paragraph (a) (iii) and not withdrawn and shall consider the report and any recommendation of a person conducting such oral hearing before deciding whether to grant or refuse consent.
num: 54
paragraphs: —(1) A motorway scheme or a protected road scheme made under section 47 may include provision for a service area.
(2) (a) Only classes of vehicles prescribed under section 43 (3) shall have access from a service area to a motorway.
(b) Save as is provided in a protected road scheme approved by the Minister under section 49 , all types of traffic and classes of vehicles shall have access from a service area to a protected road.
(3) (a) Where a motorway scheme or a protected road scheme approved by the Minister under section 49 includes provision for a service area—
(i) the Authority (in the case of a national road), or
(ii) a road authority, with the consent of the Authority (in the case of a national road) or the consent of the Minister (in the case of a regional road or local road),
may—
(I) provide or operate in a service area facilities or services for persons and vehicles using a motorway or a protected road,
(II) make an agreement with any person whereby that person (either by himself or jointly with the Authority or the road authority as the case may be) provides or operates in a service area facilities or services for persons and vehicles using a motorway or a protected road.
(b) A service area on a motorway or a protected road shall not be provided or operated save in accordance with paragraph (a).
(4) (a) The Minister may make regulations—
(i) for the purposes of this section,
(ii) providing for the application of moneys accruing to a road authority in respect of the exercise of its functions under this section.
(b) Any person who contravenes a regulation under this section which is deemed to be a penal regulation shall be guilty of an offence.
num: 55
paragraphs: —(1) Notwithstanding the provisions of this Part, a road authority may, other than for the development of land and subject to such conditions and restrictions as it thinks fit, permit direct access to or from any land adjoining a motorway or a busway or (where access has been prohibited or restricted in a protected road scheme) a protected road—
(a) by a State authority, statutory undertaker or a local authority to carry out works to which section 53 applies,
(b) by ambulances or fire brigade vehicles,
(c) by vehicles used by members of the Garda SÃ­ochÃ¡na, the Defence Forces or persons employed by local authorities in the performance of their duties as such members or employees,
(d) by any other person or vehicle where by reason of an emergency there is a serious risk to persons or property.
(2) Nothing in this Act shall prevent a road authority from having direct access to or from a motorway, a busway or a protected road for the purpose of maintaining such motorway, busway or protected road.
(3) The Minister may make regulations for the purposes of this section.
(4) Any person who contravenes a regulation under this section which is deemed to be a penal regulation shall be guilty of an offence.
num: 56
paragraphs: —In this Part—
“road authority”, unless the context otherwise requires, means—
(a) in the case of a national road, the Authority,
(b) in the case of a regional road or a local road, a road authority;
“toll” means a toll chargeable under this Part;
“toll road” means a public road or proposed public road in respect of which a toll scheme is in force;
“toll scheme” means a scheme under section 57 .
num: 57
paragraphs: —(1) A road authority may make a scheme (“a toll scheme”) for the establishment of a system of tolls in respect of the use of a public road.
(2) In making a toll scheme, a road authority shall give special consideration to the question of exempting from tolls under the scheme pedestrians, pedal cycles, invalid carriages, vehicles specially adapted for use by physically handicapped persons and vehicles providing public passenger transport services.
(3) A toll scheme shall—
(a) specify the public road or proposed public road in respect of the use of which it is proposed to establish a system of tolls,
(b) indicate the classes of vehicles and road users for whose use the toll road is intended,
(c) indicate the classes of vehicles which and road users who will be charged tolls in respect of such use,
(d) include an estimate of the amounts of the tolls that it is proposed to charge in respect of the use of the toll road by such vehicles and road users,
(e) specify such other information as the road authority may consider appropriate or the Minister may prescribe.
(4) A toll scheme shall be accompanied by an explanatory statement outlining the provisions of the scheme and its purpose and effect and shall include (as appropriate)—
(a) information in relation to the general arrangements for the construction, maintenance and operation of the toll road to which the scheme relates and for the payment of the cost of such construction, maintenance and operation,
(b) estimates of the capital cost of the road (where appropriate) and of the capital and operating costs of tolling the road, and
(c) estimates of the volume and kind of traffic that will use the road and the amounts of the tolls in respect of such traffic.
(5) A road authority may make a toll scheme amending a toll scheme made by it that is in force.
(6) The making of a toll scheme in relation to a regional road or a local road shall be a reserved function.
(7) (a) Before making a toll scheme in relation to a national road, the Authority shall send a copy of the draft scheme to the appropriate road authority under section 13 and serve a notice on the authority stating—
(i) that a draft toll scheme has been prepared and that it is proposed to submit it to the Minister for his approval, and
(ii) that representations may be made in writing to the Authority in relation to the draft scheme before a specified date (which shall be not less than six weeks from the date of the notice).
(b) The Authority shall consider any representations made to it under this subsection and not withdrawn.
(c) The making of representations by a road authority under this subsection shall be a reserved function and shall be without prejudice to the right of that authority to make objections to the Minister under section 58 .
num: 58
paragraphs: —(1) (a) A road authority shall submit to the Minister for his approval a toll scheme made by it.
(b) Before submitting a toll scheme to the Minister a road authority shall publish in one or more newspapers circulating in the area where the proposed toll road is located or is to be located a notice—
(i) stating that a toll scheme has been made,
(ii) indicating the times at which, the period (which shall be not less than one month) during which and the place where a copy of the scheme and any map referred to therein and the explanatory statement relating to the scheme may be inspected, and
(iii) stating that objections to the toll scheme may be made in writing to the Minister before a specified date (which shall be not less than two weeks after the end of the period for inspection referred to in subparagraph (ii)).
(2) (a) The Minister may, by order, approve a toll scheme with or without modifications or he may refuse to approve it.
(b) If an objection to a toll scheme is made in writing to the Minister and the objection is not withdrawn the Minister shall, before deciding whether to approve the scheme or not, cause a public local inquiry into the scheme and into such objection to be held and shall consider the report of the person conducting the inquiry and any recommendation made by him.
(c) Where a public local inquiry into a toll scheme is to be held and a local inquiry in relation to a bridge order under section 47 of the Act of 1946, or a public local inquiry under section 49 of this Act relating wholly or partly to the toll road concerned or a public local inquiry into the compulsory acquisition of land for the purposes of such scheme or such toll road, is to be held, the public local inquiry into the toll scheme shall not be held before the holding of the other inquiry or inquiries but may be held at the same time as such other inquiry or inquiries.
(3) (a) A toll scheme approved by the Minister under this section shall come into force with the modifications, if any, therein made by the Minister on such day as may be determined by the road authority.
(b) Notice of the day on which a toll scheme is to come into force shall be published by the road authority at least one month before such day in one or more newspapers circulating in the area in which the toll road to which the scheme relates is located or will be located.
num: 59
paragraphs: —(1) Subject to the provisions of this Part, a road authority may charge and collect tolls of such amounts as may be specified for the time being in bye-laws made by it under section 61 in respect of the use of a toll road.
(2) A road authority may provide and maintain such buildings, structures, works and apparatus as it considers necessary or expedient for or in connection with the charging and collection of tolls and the operation of toll roads.
(3) Where an agreement under section 63 provides for the collection of tolls by a person specified in the agreement, that person and his servants and agents may collect the tolls to which the agreement relates.
num: 60
paragraphs: —(1) A road authority may with the approval of the Minister by order revoke a toll scheme made by it and approved by the Minister.
(2) Before submitting to the Minister for approval a proposal to revoke a toll scheme the road authority shall publish in one or more newspapers circulating in the area where the toll road is located a notice—
(a) stating that it is proposed to apply to the Minister for approval to the revocation of the scheme,
(b) indicating the times at which, the period (which shall be not less than one month) during which and the place where a copy of the proposal may be inspected,
(c) stating that objections or representations may be made in writing to the Minister in relation to the proposal before a specified date (which shall be not less than two weeks after the end of the period for inspection).
(3) The Minister may, having considered any objections or representations made to him under subsection (2) and not withdrawn, by order approve the revocation of the toll scheme with or without conditions or restrictions or refuse to approve it.
(4) The Minister may at his discretion cause a public local inquiry to be held into any objections or representations made to him under subsection (2) and not withdrawn.
(5) The road authority shall publish in one or more newspapers circulating in the area where the toll road is located notice of the Minister's decision, including where appropriate particulars of any conditions or restrictions.
(6) The making of an order revoking a toll scheme in relation to a regional road or a local road shall be a reserved function.
num: 61
paragraphs: —(1) A road authority may, after consultation with the Commissioner, make such bye-laws as it considers expedient for the purposes of the operation and management of a toll road.
(2) The Authority shall consult with the appropriate road authority under section 13 before making bye-laws in relation to a national road.
(3) Without prejudice to the generality of subsection (1), bye-laws under this section may—
(a) specify the amounts of the tolls that shall be charged, or the scales and other provisions by reference to which they shall be charged, in respect of the use of a toll road by vehicles and road users of each class specified in the bye-laws and may specify different such amounts by reference to such circumstances or combinations of circumstances (whether relating to classes of vehicles or road users, seasons of the year, days of the week, times of the day or otherwise) as the road authority may consider appropriate,
(b) provide for the issue, inspection and collection of tickets, tokens, vouchers, permits, receipts and other forms of authorisation or payment for the use of a toll road,
(c) specify the persons who shall be liable to pay a toll,
(d) provide that a person liable under the bye-laws to pay a toll shall not use, or cause or permit, any vehicle of which he is in charge to use the toll road concerned unless the toll has been paid or arrangements, to the satisfaction of the road authority concerned or of a person authorised by it to operate and manage the toll road, for its payment have been made, and
(e) specify the powers of the road authority and of any person authorised by it to operate and manage the toll road concerned in relation to users of a toll road and vehicles and the persons in charge of them.
(4) The making of toll bye-laws in relation to a regional road or a local road shall be a reserved function.
(5) Bye-laws made under subsection (1) shall have no effect unless and until the Minister approves them.
(6) Before submitting bye-laws to the Minister for his approval, a road authority shall publish in one or more newspapers circulating in the area where the toll road to which the bye-laws relate is located or is to be located a notice—
(i) indicating the times at which, the period (which shall be not less than one month) during which and the place where the bye-laws may be inspected,
(ii) stating that objections or representations may be made in writing to the Minister in relation to such bye-laws before a specified date (which shall be not less than two weeks after the end of the period for inspection), and
(iii) stating that a copy of the bye-laws may be purchased on payment of a specified fee not exceeding the reasonable cost of making such copy.
(7) Before approving the bye-laws the Minister shall consider any objections or representations which have been made to him under subsection (6) and not withdrawn.
(8) (a) The Minister may, by order, approve the bye-laws with or without modifications or he may refuse to approve them.
(b) Bye-laws approved by the Minister shall come into effect—
(i) on the date specified in those bye-laws, or
(ii) where no date is specified in the bye-laws, on the date on which the Minister makes an order approving them.
(9) The bye-laws shall, as soon as may be after they have been approved, be published in Iris OifigiÃºil and notice of their making, of the toll road to which they apply and of the place where copies of them may be purchased or inspected shall be published in one or more newspapers circulating in the area where the toll road to which the bye-laws relate is located or is to be located.
num: 62
paragraphs: —The following shall be exempt from the payment of tolls—
(a) ambulances and fire brigade vehicles,
(b) vehicles used by members of the Garda SÃ­ochÃ¡na or the Defence Forces in the performance of their duties as such members,
(c) such other classes of vehicles or road users as the Minister may prescribe in relation to toll roads generally, specified classes of toll roads or specified toll roads.
num: 63
paragraphs: —(1) Where a toll scheme is approved by the Minister, a road authority may, with the consent of the Minister, enter into an agreement with another person under which, upon such terms and conditions as may be specified in the agreement (including the payment to, or retention by, the person of all or part of the proceeds of tolls in respect of the toll road the subject of the scheme), the person agrees to do all or one or more of the following:
(a) to pay some or all of the cost of the construction of the road,
(b) to pay some or all of the cost of the maintenance of the road,
(c) to construct or join or assist in the construction of the road for or with the authority,
(d) to maintain or join or assist in the maintenance of the road for or with the authority,
(e) to operate and manage (including provide, supervise and operate a system of tolls in respect of the use of the road) the road for or with the authority,
(f) such other things connected with or incidental or ancillary to or consequential upon the foregoing as may be specified in the agreement.
(2) Without prejudice to the generality of subsection (1), an agreement under this section may—
(a) provide for the application of the proceeds of tolls, systems of accounting for tolls collected and the methods and times of payment of proceeds of tolls to the persons to whom they are to be paid under the terms of the agreement,
(b) specify the period for which the agreement shall have effect and provide for its termination or suspension and for matters connected with or incidental or ancillary to or consequent upon the expiration of the agreement or such termination or suspension, and
(c) provide for the giving of such security as may be specified therein—
(i) to the road authority by any other party to the agreement, or
(ii) by the road authority to any other party to the agreement,
in relation to the carrying out and observance by that party or authority of the terms and conditions of the agreement.
(3) A road authority may, with the consent of the Minister, enter into an agreement with a party with whom it has entered into a previous agreement under this section amending the terms or conditions thereof, adding thereto, or deleting therefrom, terms or conditions or revoking the previous agreement.
(4) Entry into an agreement under this section in relation to a regional road or a local road shall be a reserved function.
(5) The parties to an agreement under this section shall carry out the agreement in accordance with its terms and conditions and a road authority shall have all such powers as may be necessary for that purpose.
num: 64
paragraphs: —(1) A person who is liable to pay a toll and who fails, neglects or refuses to pay the toll shall be guilty of an offence.
(2) A person who fails, neglects or refuses to obey a lawful instruction or direction of a person authorised by a road authority to operate and manage a toll road shall be guilty of an offence.
(3) A person who contravenes a bye-law made under section 61 shall be guilty of an offence.
(4) The amount of any toll due and payable by a person under this Act and unpaid may be recovered from the person by whom it is payable as a simple contract debt in any court of competent jurisdiction.
num: 65
paragraphs: —The Minister may make regulations—
(a) for the purposes of this Part and for enabling this Part and any toll scheme under section 57 , or agreement under section 63 , to have full effect, and
(b) providing for the application of any moneys accruing to a road authority from the exercise of its functions under this Part.
num: 66
paragraphs: —(1) Notwithstanding the repeal of the Act of 1979 by this Act—
(a) every agreement entered into under section 9 of that Act and every toll scheme or bye-law made by a road authority under that Act and in force immediately before such repeal shall continue in force as if made or entered into under this Part,
(b) every agreement entered into by a road authority under section 10 of that Act and in force immediately before such repeal shall continue in force as if entered into under section 59 of the Act of 1955 and the provisions of section 14 of this Act (other than subsection (7) thereof) shall apply to such agreement.
(2) On the commencement of this section, any agreement entered into or any scheme or bye-law made under the Act of 1979 shall, where such agreement, scheme or bye-law relates to a national road, be deemed to have been entered into or made by the Authority and with effect from such commencement all functions, rights and liabilities of the road authority concerned in relation to such agreement, scheme or bye-law shall transfer to the Authority.
num: 67
paragraphs: —(1) It shall be the duty of a person using a public road to take reasonable care for his own safety and for that of any other person using the public road.
(2) It shall be the duty of a person using a public road to take all reasonable measures to avoid—
(a) injury to himself or to any other person using the public road,
(b) damage to property owned or used by him or by any other person using the public road.
num: 68
paragraphs: —(1) In this section “cycleway” means a public road or proposed public road reserved for the exclusive use of pedal cyclists or pedal cyclists and pedestrians.
(2) (a) A road authority may construct (or otherwise provide) and maintain a cycleway.
(b) Where a road authority constructs or otherwise provides a cycleway it shall by order declare either—
(i) that the cycleway is for the exclusive use of pedal cyclists, or
(ii) that the cycleway is for the exclusive use of pedal cyclists and pedestrians.
(c) Any person who uses a cycleway in contravention of an order under paragraph (b) shall be guilty of an offence.
num: 69
paragraphs: —(1) (a) Any person who without lawful authority erects, places or retains a temporary dwelling on a national road, motorway, busway or protected road shall be guilty of an offence.
(b) Any person who without lawful authority or the consent of a road authority erects, places or retains a temporary dwelling on any other prescribed road or prescribed class, subclass or type of road shall be guilty of an offence.
(c) A consent under paragraph (b) may be given by the road authority subject to such conditions, restrictions or requirements as it thinks fit and any person who fails to comply with such conditions, restrictions or requirements shall be guilty of an offence.
(2) An authorised person may remove a temporary dwelling from a national road, motorway, busway, protected road or any other prescribed road or prescribed class, subclass or type of road.
(3) An authorised person may store, or procure the storage of, a temporary dwelling removed by him under subsection (2).
(4) Where the name and address of the owner of a temporary dwelling removed and stored under this section can be ascertained by reasonable inquiry, the road authority concerned or the Commissioner shall serve a notice upon the owner informing him of the removal and storage and of the address of the place where the temporary dwelling may be claimed and recovered, requiring him to claim and recover it within one month of the date of the service of the notice and informing him of the statutory consequences of his failure to do so.
(5) A temporary dwelling removed and stored under this section shall be given to a person claiming the temporary dwelling if, but only if, he makes a declaration in writing that he is the owner of the temporary dwelling or is authorised by its owner to claim it and, at the discretion of the road authority concerned or the Commissioner, pays the amount of the expenditure reasonably incurred in removing and storing the temporary dwelling.
(6) The road authority concerned or the Commissioner may dispose, or procure the disposal, of a temporary dwelling removed and stored under this section if—
(a) the owner of the temporary dwelling fails to claim it and remove it from the place where it is stored within one month of the date on which a notice under subsection (4) was served on him, or
(b) the name and address of the owner of the temporary dwelling cannot be ascertained by reasonable inquiry.
(7) A temporary dwelling shall not be disposed of under this section within six weeks of the date of its removal under this section.
(8) The provisions of this section are without prejudice to the functions of a public authority under any other enactment.
(9) In this section—
“authorised person” means—
(a) a person authorised in writing by a road authority for the purposes of this section;
(b) a member of the Garda SÃ­ochÃ¡na;
“temporary dwelling” means any tent, caravan, mobile home, vehicle or other structure or thing (whether on wheels or not) which is capable of being moved from one place to another (whether by towing, transport on a vehicle or trailer, or otherwise), and—
(a) is used for human habitation, either permanently or from time to time, or
(b) was designed, constructed or adapted for such use,
but does not include any such temporary dwelling—
(i) used by a State authority, road authority, local authority or a statutory undertaker during the course of works on, in or under a national road, motorway, busway, protected road, or any other prescribed road or prescribed class, subclass or type of road, or
(ii) used in connection with a fire or other emergency.
num: 70
paragraphs: —(1) (a) The owner or occupier of any structure and the owner or occupier of any land on which a structure is situated shall take all reasonable steps to ensure that the structure or the use of the structure is not a hazard or potential hazard to persons using a public road and that it does not obstruct or interfere with the safe use of a public road or the maintenance of a public road.
(b) Where a structure or the use of a structure is a hazard or potential hazard to persons using a public road or where it obstructs or interferes with the safe use of a public road or with the maintenance of a public road, a road authority may serve a notice in writing on the owner or occupier of the structure or on the owner or occupier of any land on which the structure is situated to remove, modify or carry out specified works in relation to the structure within the period stated in the notice.
(2) (a) The owner or occupier of land shall take all reasonable steps to ensure that a tree, shrub, hedge or other vegetation on the land is not a hazard or potential hazard to persons using a public road and that it does not obstruct or interfere with the safe use of a public road or the maintenance of a public road.
(b) Where a tree, shrub, hedge or other vegetation is a hazard or potential hazard to persons using a public road or where it obstructs or interferes with the safe use of a public road or with the maintenance of a public road, a road authority may serve a notice in writing on the owner or occupier of the land on which such tree, shrub, hedge or other vegetation is situated requiring the preservation, felling, cutting, lopping, trimming or removal of such tree, shrub, hedge or other vegetation within the period stated in the notice.
(3) (a) A person on whom a notice under subsection (1) or (2) has been served may, within fourteen days from the date of service, appeal against the notice to the District Court on any one or more of the following grounds:
(i) that he is not the owner or occupier of the structure,
(ii) that he is not the owner or occupier of the land on which the structure, tree, shrub, hedge or other vegetation is situated,
(iii) that the structure (or the use of such structure), tree, shrub, hedge or other vegetation, as the case may be, is not a hazard or potential hazard to persons using a public road or does not obstruct or interfere with the safe use of a public road or the maintenance of a public road,
(iv) that compliance with the requirements of the notice would involve unreasonable expense,
(v) that the notice specified an unreasonably short time for complying with its requirements or any of them.
(b) Notice of the appeal shall be given to the road authority and that authority shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal.
(4) (a) On the hearing of the appeal the Court may, as it thinks proper, either—
(i) confirm the notice unconditionally, or
(ii) confirm the notice subject to such modifications, alterations or additions as the Court thinks reasonable, or
(iii) annul the notice.
(b) Where the Court confirms the notice, subject to modifications, alterations or additions, the notice shall have effect subject to such modifications, alterations or additions.
(5) (a) The jurisdiction conferred on the District Court by this section shall be exercised by the Judge of that Court having jurisdiction in the district in which the structure referred to in subsection (1) or the land referred to in subsection (1) or (2) is situated.
(b) No appeal shall lie to the Circuit Court from a decision of the District Court under this section.
(6) A notice under subsection (1) or (2) shall not have effect until—
(a) the expiration of fourteen days from the date of service of the notice, or
(b) if an appeal is taken and the notice is confirmed, with or without modifications, the date upon which the decision of the Court is pronounced or the date upon which the order of the Court is expressed to take effect, whichever is the later.
(7) An owner or occupier who fails to comply with a notice under this section shall be guilty of an offence.
(8) Where an owner or occupier fails to comply with a notice under this section, the road authority may take the action specified in the notice or such other action as it thinks fit.
(9) Where a road authority considers that a structure (or the use of such structure), tree, shrub, hedge or other vegetation presents an immediate and serious hazard to persons using a public road it may, notwithstanding the provisions of subsections (1) to (8), take immediate action to reduce or remove the hazard.
(10) Where a road authority takes action under subsection (8) or (9) it may recover any reasonable costs incurred by it from the owner or occupier as a simple contract debt in any court of competent jurisdiction.
(11) Where a road authority has entered or proposes to enter on any land under subsection (8) or (9), it shall as soon as may be serve on the owner or the occupier of the land, a notice stating that it has entered or proposes to enter on the land and specifying the action that it has taken or proposes to take thereon.
(12) (a) Where a person takes action—
(i) to remove, modify or carry out specified works in relation to a structure, or
(ii) to preserve, fell, cut, lop, trim or remove any tree, shrub, hedge or other vegetation to which this section relates,
he shall take all reasonable measures to ensure as far as is reasonably practicable the safety of persons using a public road.
(b) A person who contravenes this subsection shall be guilty of an offence.
(13) In this section “structure” means a structure or any apparatus, object or thing, attached, fixed to, or connected with such structure.
num: 71
paragraphs: —(1) (a) Any person who, without lawful authority or the consent of a road authority—
(i) erects, places or retains a sign on a public road, or
(ii) erects, places or retains on a public road any caravan, vehicle or other structure or thing (whether on wheels or not) used for the purposes of advertising, the sale of goods, the provision of services or other similar purpose,
shall be guilty of an offence.
(b) A consent under paragraph (a) may be given by the road authority subject to such conditions, restrictions or requirements as it thinks fit and any person who fails to comply with such conditions, restrictions or requirements shall be guilty of an offence.
(2) Without prejudice to the liability of any person under subsection (1), where there is a contravention of that subsection in the case of any sign or advertisement, the person on whose behalf the sign or advertisement is exhibited shall be deemed also to have contravened that subsection.
(3) Notwithstanding any other enactment, an authorised person may remove a sign, caravan, vehicle or other structure or thing to which subsection (1) applies.
(4) An authorised person may store, or procure the storage of, a sign, caravan, vehicle or other structure or thing removed by him under subsection (3).
(5) Where the name and address of the owner of a sign, caravan, vehicle or other structure or thing removed and stored under this section can be ascertained by reasonable inquiry, the road authority or the Commissioner shall serve a notice upon the owner informing him of its removal and storage and of the address of the place where it may be claimed and recovered, requiring him to claim and recover it within one month of the date of the service of the notice and informing him of the statutory consequences of his failure to do so.
(6) A sign, caravan, vehicle or other structure or thing removed and stored under this section shall be given to a person claiming it if, but only if, he makes a declaration in writing that he is the owner of the sign, caravan, vehicle or other structure or thing or is authorised by its owner to claim it and, at the discretion of the road authority concerned or the Commissioner, pays the amount of the expenditure reasonably incurred in removing and storing it.
(7) The road authority concerned or the Commissioner may dispose, or procure the disposal, of a sign, caravan, vehicle or other structure or thing removed and stored under this section if—
(a) the owner of the sign, caravan, vehicle or other structure or thing fails to claim it and remove it from the place where it is stored within one month of the date on which a notice under subsection (5) was served on him, or
(b) the name and address of the owner of the sign, caravan, vehicle or other structure or thing cannot be ascertained by reasonable inquiry.
(8) A sign, caravan, vehicle or other structure or thing shall not be disposed of under this section within six weeks of the date of its removal under this section.
(9) In this section—
“authorised person” means—
(a) a person authorised in writing by a road authority for the purposes of this section,
(b) a member of the Garda SÃ­ochÃ¡na;
“sign” includes any sign, hoarding or other structure used for the purposes of advertising.
(10) This section shall not apply to a sign which relates to a presidential election within the meaning of the Presidential Elections Act, 1937 , a general election or a bye-election, within the meaning, in each case, of the Electoral Act, 1923 , a local election, a referendum, within the meaning of the Referendum Act, 1942 , or an election of members of the European Parliament, unless the sign has been in position for seven days or longer after the latest day upon which the poll was taken for the election, bye-election or referendum concerned.
num: 72
paragraphs: —(1) A road authority may, after consultation with the Commissioner, make bye-laws to regulate and control skips on public roads.
(2) Without prejudice to the generality of subsection (1), bye-laws under this section may—
(a) specify the area or areas to which the bye-laws relate;
(b) specify requirements in relation to—
(i) the siting and removal of skips,
(ii) the dimensions and other characteristics of skips,
(iii) the lighting and marking of skips for the purpose of making them readily visible to road users,
(iv) the care and disposal of the contents of skips,
(v) the period of deposit of skips on public roads,
(vi) the earliest practicable removal of skips once full,
(vii) the clear and indelible marking of skips with the name, address and telephone number of the owner or provider,
(viii) the giving of security or the provision of an indemnity;
(c) provide for the issue by the road authority of licences in respect of the deposit of skips on public roads and for the payment of specified fees in respect of such licences;
(d) provide for the attachment of conditions to licences, including conditions relating to any or all of the matters referred to in paragraph (b).
(3) Before making bye-laws under subsection (1), a road authority shall—
(a) publish a notice in one or more newspapers circulating in the area to which the bye-laws relate—
(i) indicating that it is proposed to make bye-laws,
(ii) indicating the times at which, the period (which shall be not less than one month) during which and the place where a copy of the draft bye-laws may be inspected,
(iii) stating that objections or representations may be made in writing to the road authority in relation to the draft bye-laws before a specified date (which shall be not less than two weeks after the end of the period for inspection) and stating that persons making such objections or representations may make a request in writing to state their case at an oral hearing conducted by a person appointed by the road authority for that purpose,
(iv) stating that a copy of the draft bye-laws may be purchased on payment of a specified fee not exceeding the reasonable cost of making such copy;
(b) consider any objections or representations made to it under paragraph (a) and not withdrawn;
(c) if it considers it appropriate, afford an opportunity to persons making objections or representations and who so request in writing to state their case at an oral hearing conducted by a person appointed by the road authority and consider the report and any recommendation of the person so appointed.
(4) The making of bye-laws under subsection (1) and the consideration of objections or representations under subsection (3) shall be reserved functions.
(5) The bye-laws shall, as soon as may be after they have been made, be published in Iris OifigiÃºil and notice of their making and of the place where copies of them may be purchased or inspected shall be published in one or more newspapers circulating in the area to which the bye-laws relate.
(6) Any person who contravenes a bye-law under this section which is deemed to be a penal bye-law shall be guilty of an offence.
(7) An authorised person may—
(a) remove or reposition a skip which contravenes bye-laws made under subsection (1),
(b) notwithstanding the provisions of such bye-laws or of a licence issued under them, remove or reposition a skip which he considers presents an immediate and serious hazard to persons using a public road.
(8) An authorised person may store, or procure the storage of, a skip removed by him under subsection (7).
(9) Where the name and address of the owner of a skip removed and stored under this section can be ascertained by reasonable inquiry, the road authority concerned or the Commissioner shall serve a notice upon the owner informing him of the removal and storage and of the address of the place where the skip may be claimed and recovered, requiring him to claim and recover it within one month of the date of the service of the notice and informing him of the statutory consequences of his failure to do so.
(10) A skip removed and stored under this section shall be given to a person claiming the skip if, but only if, he makes a declaration in writing that he is the owner of the skip or is authorised by its owner to claim it and, at the discretion of the road authority concerned or the Commissioner, pays the amount of the expenditure reasonably incurred in removing and storing the skip.
(11) The road authority concerned or the Commissioner may dispose, or procure the disposal, of a skip removed and stored under this section if—
(a) the owner of the skip fails to claim it and remove it from the place where it is stored within one month of the date on which a notice under subsection (9) was served on him, or
(b) the name and address of the owner of the skip cannot be ascertained by reasonable inquiry.
(12) A skip shall not be disposed of under this section within six weeks of the date of its removal under this section.
(13) In this section—
“authorised person” means—
(a) a person authorised in writing by a road authority for the purposes of this section;
(b) a member of the Garda SÃ­ochÃ¡na;
“skip” means a container used for the storage or removal of builder's materials, rubble, waste, rubbish or other materials and which is designed to be transported by means of a mechanically propelled vehicle (as defined in the Act of 1961).
num: 73
paragraphs: —(1) Where a local authority proposes to extinguish a public right of way it shall—
(a) publish in one or more newspapers circulating in the area where the public right of way proposed to be extinguished is located a notice indicating the times at which, the period (which shall be not less than one month) during which and the place where a map showing such public right of way may be inspected and stating that objections or representations may be made in writing to the local authority in relation to such proposal before a specified date (which shall be not less than two weeks after the end of the period for inspection) and stating that persons making such objections or representations may make a request in writing to state their case at an oral hearing conducted by a person appointed by the local authority for that purpose,
(b) affix a copy of such notice in a prominent position at each end of the public right of way proposed to be extinguished and leave it in place for a period or periods which shall in aggregate be not less than fourteen days,
(c) consider any objections or representations made to it under paragraph (a) and not withdrawn,
(d) if it considers it appropriate, afford an opportunity to persons making objections or representations and who so request in writing to state their case at an oral hearing conducted by a person appointed by the local authority and consider the report and any recommendation of the person so appointed.
(2) (a) A local authority may make an order extinguishing the right of way specified in the notice published under subsection (1) (a), or part thereof.
(b) A local authority shall not make an order under paragraph (a) until it has complied with subsection (1).
(3) (a) An order under subsection (2) relating to a national road or a regional road shall have no effect unless and until the Minister approves the order.
(b) The Minister may, by order, approve the order with or without modifications (or conditions) or he may refuse to approve the order.
(c) The Minister shall consult with the Authority before making an order under this subsection relating to a national road.
(4) (a) An order made under subsection (2) may—
(i) specify a date on which the extinguishment shall come into effect,
(ii) specify conditions (including conditions relating to the recovery of the costs referred to in subsection (12)) which shall be complied with before the extinguishment comes into effect.
(b) Where an order extinguishing a public right of way made by a local authority or an order approved by the Minister with or without modifications or conditions does not specify when the extinguishment shall come into effect, the extinguishment shall come into effect—
(i) in the case of a local road, from the date on which the order is made by the local authority,
(ii) in the case of a national road or a regional road, from the date on which the order approving the extinguishment, with or without modifications or conditions, is made by the Minister.
(5) Notwithstanding any other enactment, where a public right of way over a public road or a part thereof is extinguished under this section, the road authority shall no longer be responsible for the maintenance of such road or part thereof with effect from the date on which the extinguishment of the public right of way comes into effect in accordance with subsection (4).
(6) A local authority shall, without prejudice to any existing private right of way, ensure the carrying out of any works necessary—
(a) to effect the extinguishment of a public right of way under this section,
(b) for the safety of road users arising from the extinguishment of a public right of way,
(c) to ensure as far as reasonably practicable that the land over which a public right of way has been extinguished does not become an eyesore.
(7) A local authority shall, as soon as may be after the date on which a public right of way has been extinguished, publish notice of the extinguishment in the newspaper or newspapers in which notice of the proposed extinguishment was published under subsection (1) (a) and shall notify in writing any person who made written objections or representations to it in relation to such extinguishment.
(8) The consideration of objections or representations and the report and any recommendation of a person appointed under subsection (1) and the making of an order under subsection (2) shall be reserved functions.
(9) A person who, without lawful authority, removes, or damages or defaces a notice erected in accordance with subsection (1) (b) shall be guilty of an offence.
(10) A person who obstructs, impedes or otherwise interferes with a public right of way or who destroys or damages a public right of way save as is provided for in law shall be guilty of an offence.
(11) It shall be a function of a local authority to protect the right of the public to use public rights of way in its administrative area.
(12) Where a local authority extinguishes a public right of way solely or partly to facilitate the development of land, the authority—
(a) shall be entitled to recover from the person developing, or proposing to develop, the land all or a reasonable portion of the costs incurred by it in extinguishing such right of way,
(b) may, by notice in writing, require the person developing, or proposing to develop, the land to carry out such works as it considers necessary to give effect to subsection (6),
(c) may, where a person fails to comply with a notice under paragraph (b), carry out the works specified in the notice or such other works as it considers necessary to give effect to subsection (6) and shall be entitled to recover any reasonable costs incurred by it in carrying out such works from the person on whom the notice was served as a simple contract debt in any court of competent jurisdiction.
(13) In this section a “local authority” means—
(a) where the public right of way to be extinguished is over a public road, a road authority,
(b) in any other case, a planning authority.
(14) This section shall not apply where the extinguishment of a public right of way is authorised by a scheme under Part IV or under any enactment for which the Minister for the Environment is not the appropriate Minister or under any enactment relating to the compulsory acquisition of land.
(15) Where, before the repeal under section 4 of the enactments referred to hereunder, an application has been made to the Minister—
(a) under section 84 (4) (a) (i) of the Act of 1946, for his consent to the extinguishment of a public right of way over a road, or
(b) under section 76 of the Act of 1963, as amended by section 43 of the Act of 1976, for his approval to an order extinguishing a public right of way,
and such application has not been determined by the Minister or withdrawn, the enactment which applied before such repeal shall continue to so apply.
num: 74
paragraphs: —(1) In this section “road race” means a prescribed class of race, time trial or speed trial on a public road involving persons, vehicles or animals.
(2) A person who intends to hold, organise or promote a road race shall give at least one month's notice (or such other period of notice as may be prescribed by the Minister) in writing to the road authority and to the Superintendent of the Garda SÃ­ochÃ¡na within whose district the road race is to be held.
(3) (a) A road authority may by notice in writing served on a person who intends to hold, organise or promote a road race or, where the name of that person cannot be ascertained by reasonable inquiry, by notice published in one or more newspapers circulating in the area in which the road race is to be held—
(i) prohibit the holding of the road race,
(ii) prohibit the holding of the road race unless specified conditions, restrictions or requirements are complied with,
(iii) impose specified conditions, restrictions or requirements in relation to the holding of the road race which must be complied with.
(b) The conditions under paragraph (a) may include the giving of security or the provision of an indemnity.
(4) Any person who contravenes subsection (2) or a notice under subsection (3) shall be guilty of an offence.
(5) A road authority may recover from a person who holds, organises or promotes a road race, as a simple contract debt in any court of competent jurisdiction, any costs reasonably incurred by it—
(a) to facilitate the holding of the road race,
(b) to repair damage to or remove defacement from the public road arising from the holding of the road race.
(6) The Minister may make regulations for the purposes of this section and such regulations may in particular make provision for—
(a) requirements in relation to the making and consideration of objections,
(b) requirements in relation to the giving of security or the provision of an indemnity.
num: 75
paragraphs: —(1) A road authority may by order—
(a) for the purpose of facilitating a road race, within the meaning of section 74 , or any other event,
(b) for the purpose of facilitating the carrying out of works, or
(c) for any other purpose,
close a public road to traffic for such specified period and subject to such specified conditions (including the giving of security or the provision of an indemnity) as it thinks fit.
(2) (a) A person who uses a public road in contravention of an order made under subsection (1) shall, unless he is authorised in writing by the road authority to do so, be guilty of an offence.
(b) A person who obstructs or interferes with the holding of a road race or any other event or with the carrying out of works or any activity in respect of which an order under subsection (1) is in force shall be guilty of an offence.
(c) A person who holds, organises or promotes a road race or other event or who carries out works or any other activity in respect of which an order under subsection (1) is in force and who contravenes any condition specified in that order shall be guilty of an offence.
(d) A person who without lawful authority closes a public road shall be guilty of an offence.
(3) A road authority may recover from a person who holds, organises or promotes a road race or other event or who carries out works or any other activity in respect of which an order under subsection (1) is in force, as a simple contract debt in any court of competent jurisdiction, any costs reasonably incurred by it—
(a) to facilitate the holding of the road race or other event or the carrying out of works or any other activity,
(b) to repair damage to or remove defacement from the public road arising from the holding of the road race or other event or the carrying out of works or any other activity.
(4) The Minister may make regulations for the purposes of this section and such regulations may in particular make provision for all or any of the following matters—
(a) requirements as to notice,
(b) requirements in relation to the making and consideration of objections,
(c) requirements in relation to the giving of security or the provision of an indemnity.
num: 76
paragraphs: —(1) A road authority may—
(a) construct and maintain drains in, on, under, through or to any land for the purpose of draining water from, or preventing water flowing onto, a public road,
(b) use any land for the temporary storage or the preparation of any gravel, stone, sand, earth or other material required for the construction or maintenance of a public road.
(2) Before entering on any land to perform a function under subsection (1), a road authority shall—
(a) at least one month before the date upon which it proposes to enter on the land, serve a notice on the owner or occupier of the land—
(i) stating that it proposes to enter on the land,
(ii) specifying the function that it proposes to perform thereon,
(iii) stating that objections or representations may be made in writing to the road authority in relation to the proposed performance of the function before a specified date (which shall be not less than two weeks from the date of service of the notice), and
(iv) informing him of his right to apply for compensation under subsection (4),
(b) consider any objections or representations made to it under paragraph (a) and not withdrawn.
(3) (a) Where as a result of flooding, landslide, subsidence or other emergency there is an immediate and serious hazard to persons using a public road or serious damage has been, is being or will be caused to a public road, a road authority may take immediate action to remove or reduce the hazard or prevent or reduce the damage or any further damage.
(b) In the exercise of its functions under paragraph (a), a road authority may enter on any land and carry out any works or do anything which it considers necessary for the purposes of paragraph (a).
(4) (a) The owner or occupier of any land who suffers damage in consequence of the exercise by a road authority of its functions under subsection (2) or (3) shall be entitled to recover from the road authority compensation in respect of that damage:
Provided that in assessing compensation regard shall not be had to any existing damage caused by water draining into, onto, under, through or to the land from an existing public road but only to any additional damage resulting from the exercise by the road authority of its functions under subsection (1) or (3).
(b) A claim for compensation under paragraph (a) shall be made not later than six months after the date on which the activity, in respect of which the claim is made, was completed and shall, in default of agreement, be determined by arbitration under the Lands Clauses Acts but subject to the proviso that the arbitrator shall have jurisdiction to make a nil award.
(5) The owner or occupier of any land adjacent to a public road shall take all reasonable steps to ensure that—
(a) water is not prevented, obstructed or impeded from draining into, onto, under, through or to his land from a public road,
(b) water, soil or other material is prevented from flowing or falling onto a public road from his land.
(6) A road authority may serve a notice in writing on the owner or occupier of any land adjacent to a public road requiring him to carry out specified works or take specified measures—
(a) to ensure that water is not prevented, obstructed or impeded from draining into, onto, under, through or to his land from a public road,
(b) to prevent water, soil or other material from flowing or falling onto a public road from his land.
(7) (a) A person on whom a notice under subsection (6) has been served may, within fourteen days from the date of service, appeal against the notice to the District Court on any one or more of the following grounds—
(i) that he is not the owner or occupier of the land,
(ii) that water was not and is not prevented, obstructed or impeded from draining into, onto, under, through or to his land from a public road,
(iii) that water, soil or other material was not and is not flowing or falling onto a public road from his land,
(iv) that compliance with the requirements of the notice would involve unreasonable expense,
(v) that the notice specified an unreasonably short time for complying with its requirements or any of them.
(b) Notice of the appeal shall be given to the road authority and that authority shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal.
(8) (a) On the hearing of the appeal the Court may, as it thinks proper, either—
(i) confirm the notice unconditionally, or
(ii) confirm the notice subject to such modifications, alterations or additions as the Court thinks reasonable, or
(iii) annul the notice.
(b) Where the Court confirms the notice, subject to modifications, alterations or additions, the notice shall have effect subject to such modifications, alterations or additions.
(9) (a) The jurisdiction conferred on the District Court by this section shall be exercised by the Judge of that Court having jurisdiction in the district in which the public road referred to in subsection (6) is situated.
(b) No appeal shall lie to the Circuit Court from a decision of the District Court under this section.
(10) A notice under subsection (6) shall not have effect until—
(a) the expiration of fourteen days from the date of service of the notice, or
(b) if an appeal is taken and the notice is confirmed, with or without modifications, the date upon which the decision of the Court is pronounced or the date upon which the order of the Court is expressed to take effect, whichever is the later.
(11) An owner or occupier who fails to comply with a notice under this section shall be guilty of an offence.
(12) Where an owner or occupier fails to comply with a notice under this section, the road authority may take the action specified in the notice or such other action as it thinks fit.
(13) Where a road authority considers that—
(a) water prevented, obstructed or impeded from draining into, onto, under, through or to any land from a public road, or
(b) water, soil or other material flowing or falling onto a public road from any land,
presents an immediate and serious hazard to persons using a public road or has caused, is causing or will cause serious damage to a public road it may, notwithstanding the provisions of subsections (6) to (12), take immediate action to remove or reduce the hazard or prevent or reduce the damage or any further damage.
(14) Where a road authority takes action under subsection (12) or (13) it may recover any reasonable costs incurred by it from the owner or occupier as a simple contract debt in any court of competent jurisdiction.
(15) (a) A person who, without the consent of a road authority—
(i) within 15 metres of a public road (measured from its nearest edge) scours, deepens, widens or fills in any existing drain or excavates any new drain,
(ii) interferes with, or carries out any works which interfere with, a bridge, culvert, retaining wall, embankment or other structure providing lateral or other support for a public road,
shall be guilty of an offence.
(b) A consent under paragraph (a) may be given by the road authority subject to such conditions, restrictions or requirements as it thinks fit and any person who fails to comply with such conditions, restrictions or requirements shall be guilty of an offence.
(c) (i) Where a road authority considers that the carrying out, with or without its consent, of an activity referred to in paragraph (a) has damaged, is damaging or will damage a public road, it may serve a notice in writing on the person carrying out such activity or on the owner or occupier of the land on which such activity is being carried out requiring that the activity cease forthwith and a person who fails to comply with a notice served on him shall be guilty of an offence.
(ii) A road authority may repair any damage and take measures to prevent or reduce any damage relating to an activity under paragraph (a) and may, where it has not given its consent under that paragraph, recover from the person carrying out the activity or the owner or occupier of the land, as a simple contract debt in any court of competent jurisdiction, any costs reasonably incurred by it.
(16) Where a road authority—
(a) proposes to enter on any land under subsection (12),
(b) has entered or proposes to enter on any land under subsection (3), (13) or (15),
it shall as soon as may be serve on the owner or occupier of the land, a notice stating that it proposes to enter or has entered on the land and specifying the action that it proposes to take or has taken thereon.
(17) In this section, “drain” includes—
(a) a ditch, channel, gutter, pipe, tunnel, culvert, soakpit, percolation area or percolation trench,
(b) a barrier to divert water into a drain.
num: 77
paragraphs: —(1) The Minister may, after consultation with the Environmental Protection Agency, make regulations requiring road authorities or the Authority to carry out works or take such other measures as are necessary to mitigate the effects of road traffic noise in respect of such types of public road constructed or improved after the commencement of this section as are specified in the regulations.
(2) Without prejudice to the generality of subsection (1), regulations under this section may—
(a) make different provisions for different classes of cases (which may be defined by reference to classes of areas in which a public road or roads are situate, classes of persons whom the mitigation of the effect of road traffic noise is intended to benefit or such other matters as the Minister thinks appropriate),
(b) specify limits for road traffic noise in respect of a public road above which road authorities or the Authority will be required to carry out works or other measures of the kind referred to in subsection (1),
(c) specify methods of, arrangements for, and any other matters relating to, the measurement of road traffic noise,
(d) specify standards in respect of works and other measures of the kind referred to in subsection (1).
num: 78
paragraphs: —(1) In this section “authorised person” means a person authorised for the purposes of this section by the Minister, the Authority or a road authority.
(2) Any authorised person shall be entitled to enter at all reasonable times (subject to his producing, if so required, his authority in writing as such person) and inspect any land or any thing on, in or under any land for the purposes of any enactment (including this Act) relating to the construction or maintenance of public roads or for any purpose incidental thereto.
(3) An authorised person shall be entitled in the performance of his functions under this section to take with him on to land such persons and equipment as he considers necessary to assist him and to carry out such surveys, investigations, excavations, borings or tests, to take samples or to do any other thing which he considers necessary for the purposes referred to in subsection (2).
(4) Where an authorised person is refused entry to land in the exercise of his functions under this section the Minister, the Authority or the road authority, as the case may be, may apply to the District Court for a warrant authorising such entry.
(5) (a) If, on a claim made to the Minister, the Authority or the road authority, as the case may be, it is shown that, as a result of the exercise of any function under this section, any person has suffered damage, that person shall be entitled to be paid by the Minister, the Authority or the road authority, as the case may be, compensation in respect of the damage and the amount of the damage may, in default of agreement, be determined by any court of competent jurisdiction.
(b) A claim under this section shall be made within (but not after)—
(i) six months after the damage is suffered, or
(ii) such longer period as the court may allow if it appears to the court that there are reasonable grounds for requiring a longer period and that it would be just and reasonable to extend the period.
num: 79
paragraphs: —(1) Whenever the Minister is satisfied in relation to a notice required to be served under this Act that—
(a) reasonable grounds exist for dispensing with the service of the notice, and
(b) the dispensing with the service of the notice will not cause injury or damage to any person,
he may dispense with the service of the notice and every such dispensation shall have effect according to the terms thereof.
(2) Where a notice is required or authorised by or under this Act to be served on a person, it shall be addressed to him and shall be served on or given to him in some one of the following ways:
(a) where it is addressed to him by name, by delivering it to him,
(b) by leaving it at the address at which he ordinarily resides or, in a case in which an address for service has been furnished, at that address,
(c) by sending it by post in a prepaid registered letter, or by any other form of recorded delivery service prescribed by the Minister, addressed to him at the address at which he ordinarily resides or, in a case in which an address for service has been furnished, at that address,
(d) where the address at which he ordinarily resides cannot be ascertained by reasonable inquiry and the notice is so required or authorised to be served in respect of any land, premises or structure, by delivering it to some person over sixteen years of age resident or employed on such land or premises or by affixing it in a conspicuous position on or near such land, premises or structure.
(3) Where a notice is required by or under this Act to be served on an owner or occupier of any land, premises or structure and the name of the owner or of the occupier, as the case may be, cannot be ascertained by reasonable inquiry, it may be addressed to “the owner” or “the occupier”, as the case may require, without naming him.
(4) A person who, at any time during the period of three months after a notice is affixed under subsection (2) (d), removes, damages or defaces the notice without lawful authority shall be guilty of an offence.
(5) For the purposes of this section, a company within the meaning of the Companies Acts, 1963 to 1990, shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.
num: 80
paragraphs: —A person who obstructs or impedes or assists a person to obstruct or impede the Authority or a road authority or an authorised person within the meaning of section 69 , 71 , 72 or 78 in the performance of any of their functions under any enactment (including this Act) relating to the construction or maintenance of public roads shall be guilty of an offence.
num: 81
paragraphs: —(1) (a) A person guilty of an offence under section 37 , 38 , 39 , 40 or 46 (6) shall be liable—
(i) on summary conviction, to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a term not exceeding six months or to both such fine and imprisonment, or
(ii) on conviction on indictment, to a fine not exceeding £10,000 or, at the discretion of the court, to imprisonment for a term not exceeding two years or to both such fine and imprisonment.
(b) A person guilty of an offence under any other provision of this Act shall be liable on summary conviction to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a term not exceeding six months or to both such fine and imprisonment.
(2) Where an offence under this Act which is committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any person (or any person acting on his behalf) being a director, manager, or secretary of such body, that person or the person so acting, as the case may be, shall also be guilty of that offence.
(3) (a) Save as is provided for in paragraphs (b), (c) and (d) of this subsection, a summary offence under any provision of this Act may be prosecuted by a road authority.
(b) An offence under section 64 may be prosecuted by a road authority as defined for the purposes of Part V .
(c) An offence under section 73 may be prosecuted by a local authority as defined for the purposes of that section.
(d) An offence under section 80 may be prosecuted by the Minister, the Authority or a road authority.
(4) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851 , summary proceedings for an offence to which any provision of this Act relates may be instituted within twelve months from the date of the offence.
num: 82
paragraphs: —The Minister may, subject to such conditions as he sees fit, in each financial year make grants, of such amounts as may be sanctioned by the Minister for Finance out of moneys provided by the Oireachtas, to road authorities in respect of any or all of their functions under this Act or otherwise in relation to public roads.
num: 83
paragraphs: —Moneys accruing to a road authority under this Act shall be applied in accordance with regulations made by the Minister.
num: 84
paragraphs: —Where a road authority or the Commissioner become entitled to dispose or procure the disposal of anything removed from a public road under this Act, then the authority or the Commissioner shall be entitled to sell the thing for the best price reasonably obtainable and upon doing so shall pay to the person who was the owner (where the name and address of such owner can be ascertained by reasonable inquiry) of the thing at the time of its removal a sum equal to the proceeds of such sale after deducting therefrom any expenditure reasonably incurred by the authority or the Commissioner in its removal, storage and sale.
num: 85
paragraphs: —The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.