Transport (Railway Infrastructure) Act, 2001

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Railway order.

43.—(1) Whenever an application is made under section 37 , the Minister shall, before deciding whether to grant the order to which the application relates, consider the following—

(a) the application,

(b) the draft order and documents that accompanied the application,

(c) the report of the public inquiry held under section 42 , and the recommendations (if any) contained therein,

(d) any submission duly made to him or her under section 40 (3) or 41 (4) and not withdrawn,

(e) any submission duly made to him or her by a planning authority referred to in section 40 (1)(c),

(f) any additional information furnished to him or her under section 41 .

(2) If, after such consideration, the Minister is of opinion that the application should be granted, he or she shall make an order authorising the applicant to construct, maintain, improve and, subject to section 11 (7) in the case of the Agency, operate the railway or the railway works specified in the order or any part thereof, in such manner and subject to such conditions, restrictions and requirements (and on such other terms) as the Minister thinks proper and specifies in the order and the Minister shall furnish the applicant with a copy of the order.

(3) Where the Minister makes an order under subsection (2) which constitutes a substantial material departure from the recommendations contained in the report of the public inquiry held under section 42 , the Minister shall lay a statement in writing before each House of the Oireachtas stating his or her reasons for such departure when the order is being laid before the Houses of the Oireachtas.

(4) As soon as may be after the making of a railway order, the Minister shall publish a notice, in Iris Oifigiúil and in at least 2 newspapers circulating in the area to which the order relates, of the making of the railway order and of the places where, the period during which and the times at which copies thereof and any plan referred to therein may be inspected or purchased at a cost not exceeding the reasonable cost of making such copies.

(5) A railway order shall come into operation—

(a) in case an application for leave to apply for judicial review of the order has not been made, upon the expiration of 8 weeks, and

(b) in case such an application has been made and has not been withdrawn, in so far as it has not been declared invalid or quashed pursuant to that review, upon the final determination of the proceedings concerned or such other date as may be determined in those proceedings, and

(c) in case such an application has been made and is withdrawn, upon the date of the withdrawal.

(6) A person who has been granted a railway order may, with the consent of the Minister, make arrangements with another person to construct, maintain, improve or operate the railway or the railway works to which the order relates.

(7) (a)  Subject to paragraph (b), on application in that behalf by the railway undertaking to the Minister, the Minister may, if he or she considers it appropriate to do so, by order amend a railway order or the plan or book of reference relating to it and amendments under this paragraph may include a provision varying the route of the railway.

(b)  Where, in the opinion of the Minister, an amendment of a railway order would, if made, constitute a substantial material variation in the railway works, the subject of the order, and the Minister so declares in a notice published in Iris Oifigiúil, sections 37 to 43 shall apply in relation to the making of an order under paragraph (a) as they apply to a railway order and the application shall be deemed for the purposes of this Part to be an application for a railway order and this Part shall apply accordingly in relation to the application with any necessary modifications.

(8) The Minister may, if there is a failure or refusal to comply with a condition, restriction or requirement specified in a railway order, revoke the order.

(9) (a)  Where the Minister proposes to revoke an order under this section, he or she shall notify the railway undertaking in writing of his or her proposal and of the reasons for it.

(b)  The railway undertaking may, not later than 21 days from the date of the sending of the notification, make submissions in writing to the Minister and the Minister shall—

(i) before deciding the matter, take into consideration any submissions duly made to him or her under this paragraph in relation to the proposal and not withdrawn, and

(ii) notify the railway undertaking in writing of his or her decision and of the reasons for it.

(10) A notification of a proposal of the Minister under subsection (9) shall include a statement that the railway undertaking may make submissions to the Minister not later than 21 days from the date of the sending of the notification and a notification of a decision of the Minister under subsection (9) shall include a statement that the railway undertaking may appeal to the High Court under subsection (11) against the decision not later than 21 days from the date of the sending of the notification.

(11) The railway undertaking may appeal to the High Court against a decision of the Minister under this section and that Court may, as it thinks proper, on the hearing of the appeal, confirm the decision of the Minister or direct the Minister to withdraw his or her decision and prohibit the making of the proposed order concerned.