S.I. No. 119/1994 - Roads Regulations, 1994.

S.I. No. 119 of 1994.

ROADS REGULATIONS, 1994.

The Minister for the Environment in exercise of the powers conferred on him by sections 7 , 40 , 43 , 47 , 48 , 50 , 51 , 53 , 54 , 75 and 83 of the Roads Act, 1993 (No. 14 of 1993) hereby makes the following Regulations:

PART I. PRELIMINARY AND GENERAL.

1. These Regulations may be cited as the Roads Regulations, 1994.

2. (1) ( a ) In these Regulations—

"the Act" means the Roads Act, 1993 ;

"the Authority" means the National Roads Authority;

"the Minister" means the Minister for the Environment.

( b ) Except where otherwise specified any word which has a meaning assigned to it by the Act shall have the same meaning for the purpose of these Regulations.

(2) ( a ) In these Regulations, any reference to a Part, article or Schedule whiich is not otherwise identified is a reference to a Part or article of, or Schedule to, these Regulations.

( b ) In the Regulations, any reference to a sub-article or paragraph which is not otherwise identified is a reference to the sub-article or paragraph of the provision in which the reference occurs.

(3) In these Regulations a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment.

3. The Regulations referred to in Schedule A are hereby revoked.

4. These Regulations shall come into operation on the 1st day of July, 1994.

PART II. DECLARATION OF PUBLIC ROADS.

5. The notice required to be published pursuant to subsection (1)(b)(iii) of section II of the Act shall, in addition to the particulars specified in that subsection, contain the following particulars—

( a ) in the case of a road or roads within a housing estate — the name and location of the estate;

( b ) in every other case — the location, terminal points and approximate length of the road.

PART III. NATIONAL ROADS AUTHORITY. (DECLARATION OF INTERESTS.)

6. (1) The Form in Schedule B or a form substantially to the like effect shall be the prescribed form for the purposes of subsection (1) of section 40 of the Act.

(2) Every employee of the authority and every person whose services are provided to the Authority under section 32 of the Act shall be a person prescribed for the purposes of subsection (2)(a)(iii) of section 40 of the Act, where the maximum remuneration of that employee or person is equal to or greater than the maximum remuneration for the office of Assistant Principal Officer in the Civil Service.

PART IV USE OF MOTORWAYS.

7. (1) In this article—

"the Act of 1961" means the Road Traffic Act, 1961 ;

"articulated vehicle" has the menaning assigned to it in article 3(1) of the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations, 1963 ( S.I. No. 190 of 1963 );

"combination of vehicles" has the menaning assigned to it in subsection (1) of section 3 of the Act of 1961;

"cylinder capacity" means the cylinder capacity of an engine of a vehicle as calculated in accordance with aricle 27 of the Road Vehicles (Registration and Licensing) (Amendment) Regulations, 1992 ( S.I. No. 385 of 1992 );

"invalid carriage" has the meaning assigned to it in article 1(5) of the Road Vehicles (Registration and Licensing) (Amendment) Regulations, 1992 ( S.I. No. 385 of 1992 );

"mechanically propelled vehicle" has the meaning assigned to it in section 3 of the Act of 1961;

"pneumatic tyre" has the meaning assigned to it in article 3(1) of the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations, 1963 ( S.I. No. 190 of 1963 ).

(2) Any mechanically propelled vehicle or combination of vehicles (other than an invalid carriage) which—

( a ) is driven by a person holding a driving licence referred to in section 22(1) of the Act of 1961 authorising that person to drive the vehicle, and

( b ) is so constructed than its entire weight is transmitted to the road surface by wheels which are equipped with pneumatic tyres, and

( c ) exceeds 50 cubic centimetres in cylinder capacity, where it is propelled by an internal combustion engine, and

( d ) whether propelled by an internal combustion engine or by any other means of propulsion is so constructed and in such a condition and so loaded as to capable of maintaining a speed of 50 kilometres per hour on the level, solely under its own power,

may use a motorway.

(3) Any mechanically propelled vehicle may use a motorway where—

( a ) in an emergency it is so used in accordance with a direction given by a member of the Garda Síochána, or

( b ) a special permit for its use on the motorway has been issued under article 17 of the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations, 1963 and its use is in accordance with such permit, or

( c ) the vehicle is engaged or is about to be engaged in construction, maintenance, clearnce, inspection, testing or measurement works on the motorway or in works permitted or consented to under section 53 of the Act.

PART V. ENVIRONMENTAL IMPACT ASSESSMENT.

8. The prescribed types of proposed road development for the purpose of subsection (1)(a)(iii) of section 50 of the Act shall be—

( a ) the construction of a new road of four or more lanes, or the realignment or widening of an existing road so as to provide four or more lanes, where such new, realigned or widended road would be eight kilometres or more in length in a rural area, or 500 metres or more in length in an urban area;

( b ) the construction of a new bridge or tunnel which would be 100 metres or more in length.

9. (1) The prescribed bodies for the purposes of subsection (3)(b) of section 51 of the Act shall be—

( a ) An Chomhairle Ealaíon and the National Mouments Advisory Council where it appears to the road authority that the proposed road development would affect any cave, site, feature or other object of archaeological, geological or historical interest or any building of artistic, architectural or historical interest;

( b ) any local authority, the functional area of which would be affected by the proposed road development.

(2) The prescribed authority in Northern Ireland for the purposes of subsection (3)(c) of section 51 of the Act shall be the Department of the Environment for Northern Ireland.

(3) In this article "local authority" includes the commissioners of a town.

PART VI. WORKS BY STATE AUTHORITIES ETC.

10. (1) The prescribed works for the purposes of subsection (2) of section 53 of the Act shall be—

( a ) the carrying out by any electricity undertaking of development consisting of the construction of overhead transmission or distribution lines for conducting electricity at a nominal voltage of over 20KV;

( b ) the carrying out, by Telecom Éireann — The Irish Telecommunications Services Board or by any person to whom a licence under section 111 of the Postal and Telecommunications Services Act, 1983 (No. 24 of 1983) has been granted, of development consisting of the provision of—

(i) overhead telecommunications lines where such lines are attached to poles the height of which exceed 10 metres;

(ii) equipment for transmitting or receiving telecommunications messages from satellites in space where such equipment exceeds 10 metres in height above ground level or where any antenna exceeds 5 metres in width;

(iii) any other telecommunications equipment or apparatus where such equipment or apparatus exceeds 15 metres in height above ground level.

(2) The form in Schedule C or a form substantially to the like effect shall be the prescribed form of notice for the purposes of subsection (2) of section 53 of the Act.

PART VII. ACCESS TO SERVICE AREAS.

11. (1) Any person lawfully using a motorway or protected road may enter a service area from that motorway or protected road.

(2) Save as is provided for in sub-article (3), no person shall enter a service area other than from a motorway or protected road.

(3) Sub-article (2) shall not apply to—

( a ) a person who—

(i) enters a service area for the purpose of loading or unloading goods,

(ii) enters a service area for a purpose relating to the provision of services to, or the operation and management of, the service area,

(iii) is employed in a service area, or

(iv) enters a service area for the purpose of setting down or picking up persons employed in the service area;

( b ) ambulances or fire brigade vehicles;

( c ) vehicles used by members of the Garda Síochána or the Defence Forces or by persons employed by local authorities in the performance of their duties as such members or employees;

( d ) any person where access to the service area is necessitated by reason of an emergency where there is a serious risk to persons or property.

(4) Sub-article (2) is deemed to be a penal regulation.

PART VIII. TEMPORARY CLOSING OF ROADS.

12. (1) Where a road authority proposes to close a public road under section 75 of the Act, it shall, save as it provided in sub-article (6), give at least 14 days' notice of its intention to close the road—

( a ) in one or more newspapers circulating in the area in which the road is situated; and

( b ) in writing to the Superintendent of the Garda Síochána within whose district the road is situated.

(2) The notice of intention required to be given by sub-article (1) shall—

( a ) specify the road which it is proposed to temporarily close;

( b ) state the period for which it is proposed to temporarily close the road;

( c ) state the reason why it is proposed to temporarily close the road;

( d ) give particulars of any alternative route or routes which will be available while the road is temporarily closed;

( e ) state that objections may be made in writing to the road authority in relation to the proposed temporary closure of the road before a specified date (which shall be not less than three days after the publication of the notice).

(3) A road authority shall consider any objections made to it in writing pursuant to sub-article (2) and not withdrawn.

(4) Where a road authority, having complied with sub-articles (1) to (3), decides to close a public road under section 75 of the Act, it shall, save as is provided in sub-article (6), give at least 7 days' notice of its decision to close the road—

( a ) in the newspaper or newspapers where the notice of its intention to temporarily close the road was published;

( b ) in writing to the Superintendent of the Garda Síochána within whose district the road is situated;

and such temporary closure shall not, save as it provided for in sub-article (6), take effect on a date which is earlier than that specified in the notice of intention under sub-article (2).

(5) The notice of decision required to be given by sub-article (4) shall—

( a ) specify the road which is to be temporarily closed;

( b ) state the period for which the road is to be temporarily closed;

( c ) state the reason why the road is to be temporarily closed;

( d ) give particulars of any alternative route or routes which will be available while the road is temporarily closed.

(6) ( a ) Where in the opinion of the road authority it is necesary as a matter of urgency to temporarily close a public road in the interests of public safety or for some other reason, it shall immediately notify the Superintendent of the Garda Síochána within whose district the road is situated and inform him of the reason why the road is to be temporarily closed, stating if possible the period of the temporary closure and giving particulars of any alternative route or routes which will be available while the road is temporarily closed.

( b ) Where a road authority has temporarily closed a public road under paragraph (a) it shall as soon as is possible, if the closure is likely to last longer than seven days, publish in one or more newspapers circulating in the area in which the road is situated a notice—

(i) specifying the road which has been temporarily closed;

(ii) stating the period for which the road is to be temporarily closed;

(iii) stating the reason why the road has been temporarily closed;

(iv) giving particulars of any alternative route or routes which are available while the road is temporarily closed.

(7) ( a ) The period of a temporary road closure specified in an order under section 75 of the Act shall be the minimum necessary for the purpose of such closure and shall not exceed one year.

( b ) Notwithstanding paragraph (a), a road authority may make a further order at the expiry of the period specified in the original order, having complied with the requirements of this article as to notice and consultation.

PART IX. PRESCRIBED FORMS FOR PART IV OF THE ACT.

13. (1) The prescribed forms for the purposes of sections 47, 48 and 51 are set out in Schedule D as follows—

( a ) Form No. 1 or a form substantially to the like effect shall be the prescribed form for the purposes of subsection (2) of section 47 of the Act.

( b ) Form No. 2A or a form substantially to the like effect shall be prescribed form for the purposes of section 48 (a) of the Act.

( c ) Form No. 2B or a form substantially to the like effect shall be the prescribed form for the purposes of subsection (3) (a) of section 51 of the Act.

( d ) Form Nos. 3 and 4 or forms substantially to the like effect shall be the prescribed forms for the purposes of section 48 (b) of the Act.

( e ) Form No. 5 or a form substantially to the like effect shall be the prescribed form for the purposes of subsection (3) (b) and (3) (c) of section 51 of the Act.

(2) The area of a prescribed notice required to be published in a newspaper for the purposes of section 48 (a) and subsection (3) (a) of section 51 of the Act shall exceed 800 square centimetres.

PART X. MISCELLANEOUS.

14. Where any provision of the Act or of these Regulations requires the publication of an notice in one or more newspapers and where the notice relates to a national road, a motorway or a protected road, or to an environmental impact assessment, such notice shall be published in one or more national newspapers and in one or more local newspapers circulating in the area to which notice relates.

15. (1) Moneys accruing to a road authority under the Act shall, unless the Minister otherwise directs, be applied for the purposes of its functions under the Act or otherwise in relation to the construction and maintenance of public roads.

(2) Moneys accruing to the Authority under the Act shall, unless the Minister otherwise directs, be applied for the purposes of its functions under the Act or otherwise in relation to the construction and maintenance of national roads.

(3) In this article "moneys accruing" means moneys received in respect of any function under the Act by a road authority or the Authority, as the case may be, net of any expenses properly and reasonably incurred in respect of that function by the road authority or the Authority.

(4) This article shall not apply to moneys accruing to—

( a ) a road authority under section 19 (1) (f) or section 82 of the Act,

or

( b ) the Authority under section 24 of the Act.

SCHEDULE A.

REGULATIONS REVOKED.

SCHEDULE B.

DECLARATION OF INTERESTS TO THE NATIONAL ROADS AUTHORITY UNDER SECTION 40 of THE ROADS ACT, 1993 .

^*Delete whichever is not applicable.

SCHEDULE C.

PRESCRIBED FORM OF NOTICE IN RELATION TO THE

CARRYING OUT BY STATE AUTHORITIES ETC. OF WORKS

AFFECTING MOTORWAYS, BUSWAYS AND PROTECTED

ROADS.

NOTES TO SCHEDULE C.

⁽¹⁾Insert name of motorway, busway or protected road (for example N34 Barrytown By-Pass).

⁽²⁾Insert name of State authority, statutory undertaker or local authority.

⁽³⁾Delete as apropriate. The National Roads Authority is the appropriate body for motorways etc. which are national roads and the Minister is the appropriate person formotorways etc. which are not national roads.

⁽⁴⁾Insert details of the location of the proposed works and of the works themselves.

⁽⁵⁾The minimum period for inspection is one month.

⁽⁶⁾Insert National Roads Authority or Minister for the Environment as appropriate and give full postal address.

⁽⁷⁾The minimum period for making objections and representations is two weeks from the end of the inspection period.

SCHEDULE D:

FORM NO. 1.

PRESCRIBED FORM FOR A MOTORWAY, BUSWAY OR PROTECTED ROAD SCHEME UNDER SECTION 47 of THE ROADS ACT, 1993 .

( a ) to acquire compulsorily the land described in the First Schedule,

( b ) to acquire compulsorily the rights in relation to land described in the Second Schedule,

( c ) to extinguish, over the land referred to in sub-paragraphs (a) and (b) above,—

(i) the public rights of way described in Part I of the Third Schedule, by order made after the acquisition of the said land or rights,

(ii) the private rights of way described in Part II of the Third Schedule,

( d ) to prohibit, close, stop up, remove, alter, divert or restrict all or any means of direct access to or from the proposed motorway/busway/protected road⁽³⁾ in respect of the land described in the Fourth Schedule,

( e ) to prohibit, close, stop up, remove, alter, divert or restrict all or any means of direct access to or from the proposed protected road, in respect of land used for a specified purpose described in the Fifth Schedule.⁽⁴⁾

( f ) to prohibit or restrict the use of the proposed protected road or a particular part thereof by the types of traffic and/or classes of vehicles described in the Sixth Schedule⁽⁴⁾.

3. (1) The permissions under Part IV of the Local Government (Planning and Developemnt) Act, 1963 for the development of land (hereinafter referred to as "planning permissions") proposed to be revoked or modified and the extent of any such modifications are described in the Seventh Schedule.

(2) ( a ) The planning permissions described in Part I of the Seventh Schedule stand suspended from the date of the making of the scheme until the Minister approves the scheme or refuses to approve the scheme. If the scheme is approved by the Minister those planning permissions will be revoked with effect from the date of such approval.

( b ) The planning permissions described in Part II of the Seventh Schedule stand modified to the extent specified in that Part of that Schedule from the date of the making of the scheme until the Minister approves the scheme or refuses to approve the scheme. If the scheme is approved by the Minister, with or without modifications, those planning permissions shall be modified to the extent specified in the scheme as approved.

4. The service areas proposed to be provided in relation to the proposed motorway/protected road⁽³⁾ are described in the Eight Schedule.⁽⁴⁾

5. (1) The land described in the First, Second, Fourth, Fifth and Eighth Schedules and the rights of way described in the Third Schedule are individually numbered and shown on the map referred to in paragraph 1.

(2) ( a ) The land described in Part 2 of the First Schedule and shown coloured grey on the map referred to in paragraph 1 consists of land—

(i) necessary or incidental to the construction or maintenance of the motorway/busways/protected road,⁽³⁾⁽⁴⁾

(ii) required for access roads, ramps, toll facilities, services areas and maintenance depots,⁽³⁾⁽⁴⁾

not forming part of the motorway/busway/protected road^(3).

( b ) The land described in section II of Part I and section II of Part II of the First Schedule hereto and identified on the map referred to in paragraph 1 consists of houses which in the opinion of the road authority are unfit for human habitation and are not capable of being rendered fit for human habitation at reasonable expense.

6. This scheme may be cited as the ______________________________________^(2).

First Schedule.

Land Proposed to be Compulsorily Acquired.

Part I.

Land on which it is proposed to provide a motorway/busway/protected road^(3).

I.

Land (other than land consisting of houses unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense):

II.

Land consisting of houses unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense:

Part II.

Land not forming part of the motorway/busway/protected road^(3):

I.

Land (other than land consisting of a house or houses unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense):

II.

Land consisting of houses unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense:

Second Schedule.

Description of the Rights in Relation to Land Proposed to be Compulsorily Acquired.

Third Schedule.

Description of the Public and Private Rights of Way Proposed to be Extinguished.

Part I.

Public rights of way proposed to be extinguished.

Part II.

Private rights of way proposed to be extinguished.

Fourth Schedule.

Land in respect of which it is Proposed to Prohibit, Close, Stop Up, Remove, Alter, Divert or Restrict All or Any Means of Direct Access to or from the Proposed Motorway/Busway/Protected Road:⁽³⁾

Fifth Schedule.

Land Used for a Specified Purpose in respect of which it is Proposed to Prohibit, Close, Stop Up, Remove, Alter, Divert or Restrict All or Any Means of Direct Access to or from the Proposed Protected Road:

Sixth Schedule.

Part I.

Description of the Types of Traffic and/or Classes of Vehicles Proposed to be Prohibited from Using the Proposed Protected Road or a Particular Part thereof.

Part II.

Description of the Types of Traffic and/or Classes of Vehicles Proposed to be Restricted in Their Use of the Proposed Protected Road or a Particular Part Thereof and the Nature and Extent of such Restrictions.

Seventh Schedule.

Part I.

Planning Permissions which have been Suspended:

Part II.

Planning Permissions which have been Modified:

Eight Schedule.

Description of Service Areas Proposed to be Provided in Relation to the Proposed Motorway/Protected Road:^(3):

NOTES TO FORM NO. 1.

⁽¹⁾Insert the name of the road authority.

⁽²⁾Insert the title of the scheme such as "Barrytown Motorway Scheme, 1994".

⁽³⁾Delete as appropriate.

⁽⁴⁾Delete if not applicable.

⁽⁵⁾The name and description of the persons in whose presence the seal is affixed should be inserted e.g. "Andrew Keane, Nominated Member", "Margaret Burke, County Manager" etc.

All eight Schedules should always be included in a scheme. Where there are no entries in a particular schedule insert "NONE", "NOT APPLICABLE" or a cognate word as appropriate.

SCHEDULE D: FORM NO. 2A.

PRESCRIBED NOTICE TO BE PUBLISHED IN ACCORDANCE

WITH SECTION 48 OF THE ACT OF THE MAKING OF A SCHEME

FOR THE PROVISION OF A MOTORWAY/BUSWAY/PROTECTED

ROAD.

The Minister for the Environment may approve the scheme with or without modifications or he may refuse to approve it. However, before making his decision he must arrange for the holding of a public local inquiry into all matters relating to the scheme, consider any written objections to the scheme which have been made to him and not withdrawn and consider the report and any recommendations of the person holding the inquiry. Public notice of the inquiry will be given at a later date.

Land owners and occupiers referred to in the scheme and persons affected by the proposed revocation or modification of planning permissions specified in the scheme will receive individual written notice.

NOTES TO FORM NO. 2A.

⁽¹⁾Insert the title of the scheme such "Barrytown Motorway Scheme, 1993". The name and logo of the road authority should appear above the title and where the road authority is acting for another road authority, under an agreement under section 59 of the Local Government Act, 1955 or otherwise, the name and logo of that road authority should also appear above the title and an appropriate statement should be included in the notice.

⁽²⁾Insert the name of the road authority.

⁽³⁾Insert the title of the scheme.

⁽⁴⁾Delete as appropriate.

⁽⁵⁾Insert a brief non-technical description of the proposed motorway/ busway/protected road and the principal ancillary works.

⁽⁶⁾Insert a sketch map which should cover at least 10% of the surface area of the notice and include an outline illustration of the proposed motorway/busway/protected road. It should show the terminal points of the project and key intermediate points, should identify any significant centres of population (all census towns) and important physical or other features and should include existing roads and significant proposed ancillary works (such as new access road). An approximate scale should be shown.

⁽⁷⁾The minimum period for inspection is one month.

⁽⁸⁾The minimum period for making objections is two weeks from the end of the inspection period.

⁽⁹⁾Insert the name, address, telephone and fax numbers of the road authority and, where possible, the name and telephone extension of an appropriate official.

SCHEDULE D: FORM NO. 2B.

PRESCRIBED NOTICE TO BE PUBLISHED IN ACCORDANCE

WITH SECTION 51 OF THE ACT IN RELATION TO AN

APPLICATION FOR THE APPROVAL OF A PROPOSED ROAD

DEVELOPMENT AND THE PREPARATION OF AN

ENVIRONMENTAL IMPACT STATEMENT.

A motorway/busway/protected road scheme⁽⁸⁾ will be required/has been made⁽⁸⁾ in respect of the proposed road development and public local inquiry will be held in relation to that scheme.⁽⁸⁾.

A compulsory purchase order/bridge order⁽⁸⁾ will be required/has been made⁽⁸⁾ in respect of the proposed road development and where written objections are made to the Minister for the Environment a public local inquiry/local inquiry⁽⁹⁾ will be held.⁽⁸⁾

Evidence in relation to the likely effects on the environment of the proposal may be given at the inquiry.^(8).

Before making his decision on the application for approval, the Minister must consider the environmental impact statement, any written submissions made to him and not withdrawn and, where an inquiry is held, the report and any recommendations of the inspector holding the inquiry where evidence was given in relation to the likely effects on the environment of the proposal. Public notice of any inquiry will be given at a later date.

NOTES TO FORM NO. 2B.

⁽¹⁾Insert the title, for example "Environmental Impact Assessment of Proposed Barrytown Motorway". The name and logo of the road authority should appear above the title and where the road authority is acting for another road authority, under an agreement under section 59 of the Local Government Act, 1955 or otherwise, the name and logo of that road authority shoulf also appear above the title and an appropriate statement should be included in the notice.

⁽²⁾Insert the name of the road authority.

⁽³⁾Insert a brief non-technical description of the proposed road development.

⁽⁴⁾Insert a sketch map which should cover at least 10% of the surface area of the notice and include an outline illustration of the proposed road development. It should show the terminal points of the project and key intermediate points, should identify any significant centres of population (all census towns) and important physical or other features and should include existing roads and significant proposed ancillary works (such as new access roads). An approximate scale should be shown.

⁽⁵⁾The minimum period for inspection is one month.

⁽⁶⁾The specified fee must not exceed the reasonable cost of making a copy.

⁽⁷⁾The minimum period for making submissions is two weeks from the end of the inspection period.

⁽⁸⁾Delete as appropriate.

⁽⁹⁾Delete as appropriate. "Local inquiry" relates only to a bridge order.

⁽¹⁰⁾Insert the name, address, telephone and fax numbers of the road authority and, where possible, the name and telephone extension of an appropriate official.

SCHEDULE D: FORM NO 3.

PRESCRIBED FORM OF NOTICE OF THE MAKING OF A

SCHEME FOR THE PROVISION OF A

MOTORWAY/BUSWAY/PROTECTED ROAD TO BE SERVED ON

OWNERS AND OCCUPIERS OF LAND IN ACCORDANCE WITH

SECTION 48 OF THE ACT.

NOTES TO FORM NO. 3.

The service of this notice on persons affected by the scheme shall be made in the manner set out in section 79 of the Roads Act, 1993 .

⁽¹⁾Insert the name of the road authority.

⁽²⁾Insert the title of the scheme.

⁽³⁾Insert the name and address (if known) of the person on whom the notice is being served.

⁽⁴⁾Delete as appropriate.

⁽⁵⁾Insert a brief non-technical description of the proposed motorway/busway/protected road and the principal ancillary works.

⁽⁶⁾The minimum period for inspection is one month.

⁽⁷⁾The minimum period for making written objections is two weeks from the end of the inspection period.

⁽⁸⁾Insert the name, address, telephone and fax numbers of the road authority and, where possible, the name and telephone extension of an appropriate official.

SCHEDULE D: FORM NO. 4.

PRESCRIBED FORM OF NOTICE OF SUSPENSION OR

MODIFICATIONS OF A PLANNING PERMISSION IN

ACCORDANCE WITH SECTION 48 OF THE ACT.

NOTES TO FORM NO. 4.

The service of this notice on persons affected by the proposed revocation or modification of a planning permission shall be made in the manner set out in section 79 of the Roads Act, 1993 .

⁽¹⁾Insert the name of the road authority.

⁽²⁾Insert the title of the scheme.

⁽³⁾Insert the name and address (if known) of the person(s) on whom this notice is being served.

⁽⁴⁾Insert reference number and date of planning permission as recorded in register of planning permissions kept in accordance with section 8 of the Local Government (Planning and Development) Act, 1963 .

⁽⁵⁾Briefly outline what is authorised by the permission.

⁽⁶⁾Delete as appropriate.

⁽⁷⁾Insert a brief non-technical description of the proposed motorway/busway/protected road and the principal ancillary works

⁽⁸⁾Insert the date on which the scheme was made.

⁽⁹⁾Insert the name, address, telephone and fax numbers of the road authority and, where possible, the name and telephone extension of an appropriate official dealing with the suspension or modification of planning permissions.

⁽¹⁰⁾The minimum period of inspection is one month.

⁽¹¹⁾The minimum period for making objection is two weeks from the end of the inspection period.

⁽¹²⁾Insert the name, address, telephone and fax numbers of the road authority and, where possible, the name and telephone extension of an appropriate official dealing with the scheme.

SCHEDULE D: FORM NO. 5

PRESCRIBED FORM OF NOTICE TO PRESCRIBED

BODIES/PERSONS IN ACCORDANCE WITH SECTION 51 OF THE ACT.

NOTES TO FORM NO. 5.

The service of this notice on persons affected by the scheme shall be made in the manner set out in section 79 of the Roads Act, 1993 .

⁽¹⁾Insert the title, for example "Environmental Impact Assessment of Proposed Barrytown Motorway". The name of the road authority should appear above the title and where the road authority is acting for another road authority, under an agreement under section 59 of the Local Government Act, 1955 or otherwise, the name of that road authority should also appear above the title and an appropriate statement should be included in the notice.

⁽²⁾Insert the name and address of the body or person specified by or under section 51(3)(b) of the Road Act, 1993.

⁽³⁾Insert the name of the road authority.

⁽⁴⁾Insert a brief non-technical description of the proposed road development.

⁽⁵⁾The minimum period for making of submissions is two weeks from the end of the inspection period specified in the public notice

⁽⁶⁾Delete as appropriate.

⁽⁷⁾Delete as appropriate. "Local inquiry" relates only to a bridge order.

⁽⁸⁾Insert the name, address, telephone and fax numbers of the road authority and, where possible, the name and telephone extension of an appropriate official

GIVEN under the Official Seal of the Minister for the Environment,

this 5th day of May 1994.

MICHAEL SMITH,

Minister for the Environment.

EXPLANATORY NOTE.

These Regulations prescribe certain matters in connection with Roads Act, 1993 (No. 14 of 1993).

The Regulations specify requirements as to public notice in respect of the declaration of public roads, prescribe the category of persons who must make a declaration of interests to the National Roads Authority, specify the types of vehicles which may use motorways, specify the types of road projects which require an environmental impact assessment, prescribe requirements as to public notice in respect of applications for consent to carry out works on motorways and protected roads, control access to service areas, specify the requirements as to public notice and other procedures relating to the temporary closing of roads, set down general requirements as to notice under the Roads Act, 1993 and regulate the disposal of moneys accruing to local authorities and the National Roads Authority under that Act.

The Regulations also prescribe the forms to be used by local authorities in connection with the preparation and submission to the Minister for the Environment of schemes for the provision of motorways, busways and protected roads and to notify the public and persons affected by such schemes and the forms to be used in relation to the environmental impact assessment of road projects.