{"id":19488,"date":"2022-10-16T15:36:42","date_gmt":"2022-10-16T15:36:42","guid":{"rendered":"https:\/\/legalblog.ie\/?p=19488"},"modified":"2024-04-13T22:15:12","modified_gmt":"2024-04-13T22:15:12","slug":"motorways","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/motorways\/","title":{"rendered":"Motorways"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/motorways\/#Overview\" title=\"Overview\">Overview<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/motorways\/#Restricted_Use\" title=\"Restricted Use\">Restricted Use<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/motorways\/#Busway\" title=\"Busway\">Busway<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/motorways\/#Protected_Road\" title=\"Protected Road\">Protected Road<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/motorways\/#N0_Permission_for_Opening\" title=\"N0 Permission for Opening\">N0 Permission for Opening<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/motorways\/#Opening_Access_Prohibited\" title=\"Opening Access Prohibited\">Opening Access Prohibited<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/motorways\/2\/#ROADS_ACT\" title=\"ROADS ACT\">ROADS ACT<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/motorways\/2\/#Motorways_Busways_and_Protected_Roads\" title=\"Motorways, Busways and Protected Roads\">Motorways, Busways and Protected Roads<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/motorways\/2\/#Busways\" title=\"Busways.\">Busways.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/motorways\/2\/#Protected_roads\" title=\"Protected roads.\">Protected roads.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/motorways\/2\/#Prohibition_and_restriction_of_access_to_motorways_busways_and_protected_roads\" title=\"Prohibition and restriction of access to motorways, busways and protected roads.\">Prohibition and restriction of access to motorways, busways and protected roads.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/motorways\/2\/#Scheme_for_a_motorway_busway_or_protected_road\" title=\"Scheme for a motorway, busway or protected road.\">Scheme for a motorway, busway or protected road.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/motorways\/2\/#Procedures_to_be_followed_by_road_authority_when_submitting_scheme_to_Bord_Pleanala\" title=\"Procedures to be followed by road authority when submitting scheme to Bord Plean\u00e1la.\">Procedures to be followed by road authority when submitting scheme to Bord Plean\u00e1la.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/motorways\/2\/#Approval_of_scheme_by_Minister\" title=\"Approval of scheme by Minister.\">Approval of scheme by Minister.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/motorways\/2\/#Environmental_impact_assessment_report\" title=\"Environmental impact assessment report\">Environmental impact assessment report<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/motorways\/2\/#Environmental_impact_assessment\" title=\"Environmental impact assessment.\">Environmental impact assessment.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/motorways\/2\/#Consultations_with_An_Bord_Pleanala_before_making_of_application_under_section_51\" title=\"Consultations with An Bord Plean\u00e1la before making of application under section 51\">Consultations with An Bord Plean\u00e1la before making of application under section 51<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-18\" href=\"https:\/\/legalblog.ie\/motorways\/2\/#Power_of_An_Bord_Pleanala_to_approve_scheme_or_proposed_road_development_that_contravenes_materially_any_plan\" title=\"Power of An Bord Plean\u00e1la to approve scheme or proposed road development that contravenes materially any plan\">Power of An Bord Plean\u00e1la to approve scheme or proposed road development that contravenes materially any plan<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/legalblog.ie\/motorways\/2\/#Interpretation_%E2%80%93_sections_51C_to_51G\" title=\"Interpretation &#8211; sections 51C to 51G\">Interpretation &#8211; sections 51C to 51G<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-20\" href=\"https:\/\/legalblog.ie\/motorways\/2\/#Duty_to_notify_and_to_comply_with_modifications_and_conditions_of_approval\" title=\"Duty to notify, and to comply with modifications and conditions of approval\">Duty to notify, and to comply with modifications and conditions of approval<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-21\" href=\"https:\/\/legalblog.ie\/motorways\/2\/#Minister_or_Authority_to_ensure_compliance_with_modifications_and_conditions\" title=\"Minister or Authority to ensure compliance with modifications and conditions\">Minister or Authority to ensure compliance with modifications and conditions<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-22\" href=\"https:\/\/legalblog.ie\/motorways\/2\/#Power_to_request_information_regarding_compliance_with_modification_or_condition\" title=\"Power to request information regarding compliance with modification or condition\">Power to request information regarding compliance with modification or condition<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-23\" href=\"https:\/\/legalblog.ie\/motorways\/2\/#Power_to_carry_out_assessment_of_developers_compliance_with_modification_or_condition\" title=\"Power to carry out assessment of developer\u2019s compliance with modification or condition\">Power to carry out assessment of developer\u2019s compliance with modification or condition<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-24\" href=\"https:\/\/legalblog.ie\/motorways\/2\/#Power_to_direct_action_to_ensure_compliance_with_modification_or_condition\" title=\"Power to direct action to ensure compliance with modification or condition\">Power to direct action to ensure compliance with modification or condition<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-25\" href=\"https:\/\/legalblog.ie\/motorways\/2\/#Acquisition_of_land_and_implementation_of_scheme\" title=\"Acquisition of land and implementation of scheme.\">Acquisition of land and implementation of scheme.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-26\" href=\"https:\/\/legalblog.ie\/motorways\/2\/#Control_of_works_by_a_State_authority_statutory_undertaker_or_local_authority\" title=\"Control of works by a State authority, statutory undertaker or local authority.\">Control of works by a State authority, statutory undertaker or local authority.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-27\" href=\"https:\/\/legalblog.ie\/motorways\/2\/#Service_areas_motorway_schemes\" title=\"Service areas (motorway schemes).\">Service areas (motorway schemes).<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-28\" href=\"https:\/\/legalblog.ie\/motorways\/2\/#Service_areas_public_roads\" title=\"Service areas (public roads).\">Service areas (public roads).<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-29\" href=\"https:\/\/legalblog.ie\/motorways\/2\/#Offence_service_areas\" title=\"Offence (service areas).\">Offence (service areas).<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-30\" href=\"https:\/\/legalblog.ie\/motorways\/2\/#Special_and_emergency_access_to_a_motorway_busway_or_protected_road\" title=\"Special and emergency access to a motorway, busway or protected road.\">Special and emergency access to a motorway, busway or protected road.<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Overview\"><\/span>Overview<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A motorway means a public road specified to be a motorway in a motorway scheme approved under the legislation or a national road or proposed road development for the construction of a national road declared to be a motorway.<\/p>\n<p>A person shall not have or be entitled to have 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.<\/p>\n<p>Direct access from any land adjoining a motorway to or from the motorway may be granted by a road authority to the Railway Procurement Agency, an applicant or a railway undertaking in respect of a railway authorised under the Transport (Railway Infrastructure) Act.\u00a0 \u00a0This may be subject to such conditions as the road authority decides.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Restricted_Use\"><\/span>Restricted Use<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Minister may prescribe classes of vehicles which may 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.<\/p>\n<p>Conditions in relation to motorways generally, particular motorways or particular parts of particular motorways by vehicles or classes of vehicles may be prescribed, and different conditions may be prescribed for different classes of vehicles.<\/p>\n<p>Pedestrians and pedal cyclists shall not use a motorway.\u00a0 Persons in charge of or having control over animals shall not permit them to be on a motorway.\u00a0 A person who uses a motorway in contravention of the conditions or regulations made above is guilty of an offence.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Busway\"><\/span>Busway<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A busway is a public road or proposed public road specified to be a busway in a busway scheme.\u00a0 A person shall not have or be entitled to direct access from land adjoining a busway to and from the busway, nor such access be granted.<\/p>\n<p>The Minister may prescribe classes of vehicles which shall be permitted to use a busway and different classes of vehicles may be prescribed in relation to busways generally, particularly busways or parts of busways.\u00a0 Conditions in relation to the use generally of busways may be prescribed for different classes of users and different users and different vehicles.<\/p>\n<p>Pedestrians other than for the purposes of access to or from vehicles prescribed above and pedal cyclists shall not use a busway.\u00a0 Persons in charge of or having control of animals shall not permit them to be on a busway.\u00a0 A person who uses a busway in contravention of regulations is guilty of an offence.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Protected_Road\"><\/span>Protected Road<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A protected road means a public road or proposed public road approved under a scheme under the legislation.\u00a0 A protected road scheme approved by the Minister may provide for a prohibition, closure, stopping up, removal, alteration, diversion, or restriction of all or any means of access to the protected road from specified land or from the specified land used for specified purposes or to such land from the protected road.<\/p>\n<p>A protected road scheme approved by the Minister may prohibit and restrict the use of the protected road or any part thereof by specified types of vehicles and specified classes of vehicles.\u00a0 It shall not prohibit or restrict such use by ambulances or fire brigade vehicles, vehicles used by members of the Garda S\u00edoch\u00e1na or the Defence Forces in the course of their duties or for the purpose of maintaining the road.\u00a0 Breach of the prohibition or restrictions above constitutes an offence.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"N0_Permission_for_Opening\"><\/span>N0 Permission for Opening<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>An Bord Plean\u00e1la or any planning authority shall not grant planning permission for the development of any land which would develop or involve direct access to or from a motorway or busway or would contravene the provisions of a protected roadway scheme.<\/p>\n<p>They may not permit any development of land proposed to be compulsorily acquired under a scheme made by the road authority.\u00a0 They may not permit the development of land where such development would materially affect the exercise by the road authority of the rights to be compulsorily acquired in relation to land under a scheme.<\/p>\n<p>They may not permit the development of land which would contravene the provisions of a scheme by the road authority above. Where the Minister refuses to approve a scheme, the above provision shall cease to apply with effect from such date.<\/p>\n<p>Compensation under the Planning Act shall not be payable in respect of refusal of permission for development in respect of the imposition, granting of permission for development or any condition relating to the prohibition of direct access to or from a motorway or a busway or the prohibition, closure, stopping up, removal, diversion or restriction of direct access to and from a protected road.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Opening_Access_Prohibited\"><\/span>Opening Access Prohibited<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>No person shall undertake any development of land which would permit or involve direct access to and from a motorway or busway or would contravene the provisions of an approved protected road scheme relating to direct access to and from it.<\/p>\n<p>Where direct access from any land to a motorway or busway has been constructed or otherwise provided, in contravention of the provision, the roads authority may, without giving notice, take all steps necessary to close and remove the means of access and may recover the cost from the owner as a simple contract debt.<\/p>\n<p>There are similar provisions in relation to contravening a protected road scheme authorised by the Minister.\u00a0 Any person who constructs, provides, or attempts to construct a direct means of access above is guilty of an offence.<\/p>\n<p><!--nextpage--><\/p>\n<h2>ROADS ACT<\/h2>\n<p>PART IV<\/p>\n<h4>Motorways, Busways and Protected Roads<\/h4>\n<p>Annotations<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C29<br \/>\nTerms \u201clocal inquiries\u201d and \u201cpublic local enquiries\u201d construed (1.01.2001) by Planning and Development Act 2000 (30\/2000), s. 218(3)(c), S.I. No. 449 of 2000.<\/p>\n<p>Oral hearings in relation to compulsory acquisition of land.<\/p>\n<p>218.\u2014<\/p>\n<p>(3) For the purposes of this Part, the references to local inquiries or public local inquiries in the following provisions shall be deemed to be references to oral hearings under this section: &#8230;<\/p>\n<p>(c) Part IV of the Roads Act, 1993.<\/p>\n<p>&#8230;<\/p>\n<p>Editorial Notes:<\/p>\n<p>E57<br \/>\nObligation to carry out a road safety impact assessment at initial planning stage of project prior to submitting scheme to An Bord Plean\u00e1la pursuant to ss. 47 and 49 imposed, in case of infrastructure projects coming within Part (21.09.2011) by European Communities (Road Infrastructure Safety Management) Regulations 2011 (S.I. No. 472 of 2011), reg. 4(2)(a).<\/p>\n<p>Section 43Motorways.<\/p>\n<p>43.\u2014F38[(1) In this Act &#8220;motorway&#8221; means<\/p>\n<p>(a) a public road or proposed public road specified to be a motorway in a motorway scheme approved under section 49, or<\/p>\n<p>(b) a national road or a proposed road development for the construction of a national road declared to be a motorway under section 8 of the Roads Act 2007.]<\/p>\n<p>(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.<\/p>\n<p>F39[(2A) Notwithstanding subsection (2) and section 46(4), direct access from any adjoining land to a motorway or from the motorway to such land may be granted by a road authority to the Railway Procurement Agency, an applicant or a railway undertaking (within the meaning of the Transport (Railway Infrastructure) Act, 2001) in respect of a railway (within the meaning of that Act)\u2014<\/p>\n<p>(a) authorised by a railway order under section 43 of the Transport (Railway Infrastructure) Act, 2001, or<\/p>\n<p>(b) the subject of an application for a railway order under section 37 of that Act,<\/p>\n<p>subject to such conditions as the road authority may decide, and, accordingly, any such access shall not be a contravention of subsection (2) or section 46(4).]<\/p>\n<p>(3) The Minister may prescribe\u2014<\/p>\n<p>(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<\/p>\n<p>(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.<\/p>\n<p>(4) (a) Pedestrians and pedal cyclists shall not use a motorway.<\/p>\n<p>(b) Persons in charge of, or having control over, animals shall not permit them to be on a motorway.<\/p>\n<p>(5) (a) A person who uses a motorway in contravention of regulations under subsection (3) shall be guilty of an offence.<\/p>\n<p>(b) A person who contravenes subsection (4) shall be guilty of an offence.<\/p>\n<p>(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.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F38<br \/>\nSubstituted (11.07.2007) by Roads Act 2007 (34\/2007), s. 8(3), commenced on enactment.<\/p>\n<p>F39<br \/>\nSubstituted (23.12.2001) by Transport (Railway Infrastructure) Act 2001 (55\/2001), s. 70, commenced on enactment.<\/p>\n<p>F40<br \/>\nInserted by Road Traffic and Roads Act 2023 (16\/2023), s. 38, not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C30<br \/>\nProspective affecting provision: subs. (4)(c) inserted by Road Traffic and Roads Act 2023 (16\/2023), s. 38, not commenced as of date of revision.<\/p>\n<p>F40[(c) A person shall not drive a powered personal transporter on a motorway.]<\/p>\n<p>Editorial Notes:<\/p>\n<p>E58<br \/>\nPower pursuant to section exercised (1.07.1994) by Roads Regulations 1994 (S.I. No. 119 of 1994).<\/p>\n<p>E59<br \/>\nPrevious affecting provision: subs. 2(A) inserted (1.07.1998) by Roads (Amendment) Act 1998 (23\/1998), s. 3, commenced on enactment; substituted as per F-note above.<\/p>\n<p>Section 44<\/p>\n<h4>Busways.<\/h4>\n<p>44.\u2014(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.<\/p>\n<p>(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.<\/p>\n<p>(3) The Minister may F41[\u2026] prescribe\u2014<\/p>\n<p>(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<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(b) Persons in charge of, or having control over, animals shall not permit them to be on a busway.<\/p>\n<p>(5) (a) A person who uses a busway in contravention of regulations under subsection (3) shall be guilty of an offence.<\/p>\n<p>(b) A person who contravenes subsection (4) shall be guilty of an offence.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F41<br \/>\nDeleted (11.07.2007) by Roads Act 2007 (34\/2007), s. 11 and sch., commenced on enactment.<\/p>\n<p>F42<br \/>\nInserted by Road Traffic and Roads Act 2023 (16\/2023), s. 39, not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C31<br \/>\nProspective affecting provision: subs. (4)(c) inserted by Road Traffic and Roads Act 2023 (16\/2023), s. 39, not commenced as of date of revision.<\/p>\n<p>F42[(c) A person shall not drive a powered personal transporter on a busway.]<\/p>\n<p>Section 45<\/p>\n<h4>Protected roads.<\/h4>\n<p>45.\u2014(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.<\/p>\n<p>(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.<\/p>\n<p>(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\u2014<\/p>\n<p>(i) specified types of traffic,<\/p>\n<p>(ii) specified classes of vehicles,<\/p>\n<p>but shall not prohibit or restrict such use\u2014<\/p>\n<p>(I) by ambulances or fire brigade vehicles,<\/p>\n<p>(II) by vehicles used by members of the Garda S\u00edoch\u00e1na or the Defence Forces in the performance of their duties as such members,<\/p>\n<p>(III) for the purpose of maintaining such protected road.<\/p>\n<p>(b) A person who contravenes a prohibition or restriction under paragraph (a) shall be guilty of an offence.<\/p>\n<p>Section 46<\/p>\n<h4>Prohibition and restriction of access to motorways, busways and protected roads.<\/h4>\n<p>46.\u2014(1) Notwithstanding anything contained in any other enactment, neither a planning authority nor An Bord Plean\u00e1la 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 F43[section 34(8) of the Act of 2000]\u2014<\/p>\n<p>(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,<\/p>\n<p>(b) for any development of land proposed to be compulsorily acquired under a scheme made by a road authority under section 47,<\/p>\n<p>(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,<\/p>\n<p>(d) for any development of land which would contravene the provisions of a scheme made by a road authority under section 47.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(3) Compensation under F43[section 190 of the Act of 2000] 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\u2014<\/p>\n<p>(a) the prohibition of direct access to or from a motorway or a busway,<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(b) Any person who contravenes subsection (4) shall be guiltyof an offence.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F43<br \/>\nSubstituted (11.07.2007) by Roads Act 2007 (34\/2007), s. 11 and sch., commenced on enactment.<\/p>\n<p>Section 47<\/p>\n<h4>Scheme for a motorway, busway or protected road.<\/h4>\n<p>F44[47.\u2014(1) A road authority or the Authority may make\u2014<\/p>\n<p>(a) a motorway scheme,<\/p>\n<p>(b) a service area scheme,<\/p>\n<p>(c) a busway scheme,<\/p>\n<p>(d) a protected road scheme, or<\/p>\n<p>(e) a protected road scheme amending a protected road scheme approved under section 49,<\/p>\n<p>referred to in this Part as a \u201cscheme\u201d.]<\/p>\n<p>(2) (a) A scheme under this section shall be in the prescribed form and shall (where appropriate) specify\u2014<\/p>\n<p>(i) the proposed motorway, busway F45[, protected road or service area] to which the scheme relates,<\/p>\n<p>(ii) any land F46[or any substratum of land] which is proposed to be compulsorily acquired for the purposes of the proposed motorway, busway F45[, protected road or service area],<\/p>\n<p>(iii) any rights proposed to be compulsorily acquired in relation to land for the purposes of the proposed motorway, busway F45[, protected road or service area],<\/p>\n<p>(iv) any public and private rights of way proposed to be extinguished over the land referred to in subparagraphs (ii) and (iii),<\/p>\n<p>(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 F45[, protected road or service area],<\/p>\n<p>(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,<\/p>\n<p>(vii) any planning permissions for the development of land proposed to be revoked or modified and the extent of any such modification,<\/p>\n<p>(viii) such other matters as may be prescribed from time to time by the Minister.<\/p>\n<p>(b) The matters referred to in paragraph (a) shall (where appropriate) be described by reference to a map or maps.<\/p>\n<p>(c) The land F46[or substratum of land] referred to in paragraph (a) (ii) and the rights in relation to land referred to in paragraph (a) (iii) shall include all land F46[substrata of 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 F46[, substrata of land] or rights in relation to land required for access roads, ramps, toll facilities, service areas F47[(provided under a motorway or protected road scheme)] and maintenance depots.<\/p>\n<p>(3) Where it is proposed to prohibit or restrict the use of a protected road or a particular part thereof by\u2014<\/p>\n<p>(a) specified types of traffic, or<\/p>\n<p>(b) specified classes of vehicles, the protected road scheme shall specify the proposed prohibitions or restrictions.<\/p>\n<p>(4) (a) Where in accordance with subsection (2) a scheme made by a road authority F47[or the 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.<\/p>\n<p>(b) Where in accordance with subsection (2) a scheme made by a road authority F47[or the 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.<\/p>\n<p>(c) A planning authority shall enter in F48[the register kept by it under section 7 of the Act of 2000] particulars of\u2014<\/p>\n<p>(i) the planning permissions proposed to be revoked or modified under a scheme made under this section and the extent of such modification,<\/p>\n<p>(ii) the decision of the Minister under section 49 (3) insofar as it affects the planning permissions referred to in subparagraph (i).<\/p>\n<p>(d) For the purposes of this section \u201cplanning permission\u201d means a planning permission (which has not ceased to have effect in accordance with the provisions of the Act of 1982).<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F44<br \/>\nSubstitued (11.07.2007) by Roads Act 200734\/2007, s. 9(1)(a)(i), commenced on enactment.<\/p>\n<p>F45<br \/>\nSubstituted (11.07.2007) by Roads Act 2007 (34\/2007), s. 9(1)(a)(i) and (ii), commenced on enactment.<\/p>\n<p>F46<br \/>\nInserted (1.07.1998) by Roads (Amendment) Act 1998 (23\/1998), s. 4, commenced on enactment.<\/p>\n<p>F47<br \/>\nInserted (11.07.2007) by Roads Act 2007 (34\/2007), s. 9(1)(a)(iii) and (iv), commenced on enactment.<\/p>\n<p>F48<br \/>\nSubstituted (11.07.2007) by Roads Act 2007 (34\/2007), s. 11 and sch., commenced on enactment.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E60<br \/>\nPower pursuant to section exercised (17.09.2019) by Roads (Schemes) (Forms) (Amendment) Regulations 2019 (S.I. No. 485 of 2019).<\/p>\n<p>E61<br \/>\nPower pursuant to section exercised (28.02.2008) by Roads (Schemes) (forms) Regulations 2008 (S.I. No. 49 of 2008).<\/p>\n<p>E62<br \/>\nForm for the purposes of subs. (2) prescribed (28.02.2008) by Roads (Schemes) (Forms) Regulations 2008 (S.I. No. 49 of 2008), reg. 3 and sch.<\/p>\n<p>E63<br \/>\nPower pursuant to section exercised (1.07.1994) by Roads Regulations 1994 (S.I. No. 119 of 1994).<\/p>\n<p>E64<br \/>\nPrevious affecting provision: power pursuant to section exercised (1.01.2001) by Roads Regulations 2000 (S.I. No. 453 of 2000); revoked (28.02.2008) by Roads (Schemes) (Forms) Regulations 2008 (S.I. No. 49 of 2008), reg. 9.<\/p>\n<p>Section 48<br \/>\nF49[<\/p>\n<h4>Procedures to be followed by road authority when submitting scheme to Bord Plean\u00e1la.<\/h4>\n<p>48.\u2014 Before submitting a scheme to An Bord Plean\u00e1la under section 49 a road authority or the Authority, as the case may be, shall\u2014<\/p>\n<p>(a) publish in one or more newspapers circulating in the area where the proposed motorway, service area, busway or protected road is to be located a notice in the prescribed form\u2014<\/p>\n<p>(i) stating that a scheme has been made,<\/p>\n<p>(ii) indicating the times at which, the period (not being less than 6 weeks) during which and the place where a copy of the scheme and the map referred to in it may be inspected, and<\/p>\n<p>(iii) stating that objections may be made in writing to An Bord Plean\u00e1la in relation to the scheme during that period,<\/p>\n<p>F50[(iv) stating that a person may question the validity of a decision of An Bord Plean\u00e1la by way of an application for judicial review, under Order 84 of the Rules of the Superior Courts (S.I. No. 15 of 1986) and<\/p>\n<p>(v) identifying where practical information on the review mechanism can be found.]<\/p>\n<p>and<\/p>\n<p>(b) serve on every owner and occupier of any land referred to in a scheme and on every person who, in the opinion of the road authority or the Authority, as the case may be, is affected by the proposed revocation or modification of a planning permission specified in the scheme, a notice in the prescribed form stating\u2014<\/p>\n<p>(i) the nature and extent of the scheme,<\/p>\n<p>(ii) that the scheme will be submitted to An Bord Plean\u00e1la for approval, and<\/p>\n<p>(iii) the period (which is that referred to in paragraph (a)(ii)) within which objections may be made in writing to An Bord Plean\u00e1la in relation to the scheme.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F49<br \/>\nSubstituted (11.07.2007) by Roads Act 2007 (34\/2007), s. 9(1)(b), commenced on enactment.<\/p>\n<p>F50<br \/>\nInserted (13.07.2010) by European Communities (Public Participation) Regulations 2010 (S.I. No. 352 of 2010), reg. 12(1).<\/p>\n<p>Editorial Notes:<\/p>\n<p>E65<br \/>\nPower to determine fees under section provided by Planning and Development Act 2000 (30\/2000), s. 144(1A)(j), as inserted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30\/2010), s. 44, S.I. No. 477 of 2010.<\/p>\n<p>E66<br \/>\nPower pursuant to section exercised (28.02.2008) by Roads (Schemes) (Forms) Regulations 2008 (S.I. No. 49 of 2008).<\/p>\n<p>E67<br \/>\nForm for the purposes of para. (a) prescribed (28.02.2008) by Roads (Schemes) (Forms) Regulations 2008 (S.I. No. 49 of 2008), reg. 4 and sch. 2.<\/p>\n<p>E68<br \/>\nForm for the purposes of para. (b) prescribed (28.02.2008) by Roads (Schemes) (Forms) Regulations 2008 (S.I. No. 49 of 2008), reg. 5 and sch. 3.<\/p>\n<p>E69<br \/>\nPower pursuant to section exercised (1.07.1994) by Roads Regulations 1994 (S.I. No. 119 of 1994).<\/p>\n<p>E70<br \/>\nPrevious affecting provision: section amended (31.1.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27\/2006), s. 51(2), S.I. No. 684 of 2006; substituted as per F-note above.<\/p>\n<p>E71<br \/>\nPrevious affecting provision: power pursuant to section exercised (1.01.2001) by Roads Regulations 2000 (S.I. No. 453 of 2000); revoked (28.02.2008) by Roads (Schemes) (Forms) Regulations 2008 (S.I. No. 49 of 2008), reg. 9.<\/p>\n<p>Section 49<\/p>\n<h4>Approval of scheme by Minister.<\/h4>\n<p>49.\u2014F51[(1) A road authority or the Authority shall submit any scheme made by it under section 47 to An Bord Plean\u00e1la for its approval.]<\/p>\n<p>(2) Before approving a scheme submitted to him the Minister shall\u2014<\/p>\n<p>(a) cause a public local inquiry into all matters relating to the scheme to be held,<\/p>\n<p>(b) consider any objections to the scheme which have been made to him and not withdrawn,<\/p>\n<p>(c) consider the report and any recommendation of the person conducting such inquiry.<\/p>\n<p>(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 F52[, protected road or service area] is to be located notice of his decision, including, where appropriate, particulars of any modifications to the scheme.<\/p>\n<p>(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 F52[, protected road or service area] scheme\u2014<\/p>\n<p>(a) is permanently deprived of reasonable access to or from his property or to or from one part of his property to another \u2014 a suitable alternative means of access,<\/p>\n<p>(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 \u2014a temporary means of access during the course of such construction, and the road authority shall comply with any such direction.<\/p>\n<p>(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\u2014<\/p>\n<p>(a) refuses to approve the scheme, or<\/p>\n<p>(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 F53[section 40 of the Act of 2000], 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.<\/p>\n<p>F54[(6) Where the Authority has submitted a scheme for approval under subsection (1) references to road authority in the other provisions of this section in respect of the scheme are to read as references to the Authority.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F51<br \/>\nSubstituted (11.07.2007) by Roads Act 2007 (34\/2007), s. 9(1)(c)(i), commenced on enactment.<\/p>\n<p>F52<br \/>\nSubstituted (11.07.2007) by Roads Act 2007 (34\/2007), s. 9(1)(c)(ii), commenced on enactment.<\/p>\n<p>F53<br \/>\nSubstituted (11.07.2007) by Roads Act 2007 (34\/2007), s. 11 and sch., commenced on enactment.<\/p>\n<p>F54<br \/>\nInserted (11.07.2007) by Roads Act 2007 (34\/2007), s. 9(1)(c)(iii), commenced on enactment.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C32<br \/>\nApplication of section extended by Planning and Development Act 2000 (30\/2000), s. 217B(4) and (5), as inserted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27\/2006), s. 38, S.I. No. 684 of 2006.<\/p>\n<p>Transferred functions under this Part: supplemental provisions<\/p>\n<p>217B.\u2014&#8230;<\/p>\n<p>(4) The Board may\u2014<\/p>\n<p>(a) if it considers it necessary to do so, require a road authority that has submitted a scheme under section 49 of the Roads Act 1993 or made an application for approval under section 51 of that Act to furnish to the Board such further information in relation to\u2014<\/p>\n<p>(i) the effects on the environment of the proposed scheme or road development, or<\/p>\n<p>(ii) the consequences for proper planning and sustainable development in the area or areas in which it is proposed to situate the said scheme or road development of such scheme or road development, as the Board may specify, or<\/p>\n<p>(b) if it is provisionally of the view that it would be appropriate to approve the scheme or proposed road development were certain alterations (specified in the notification referred to in this paragraph) to be made to the terms of it, notify the road authority that it is of that view and invite the authority to make to the terms of the scheme or proposed road development alterations specified in the notification and, if the authority makes those alterations, to furnish to it such information (if any) as it may specify in relation to the scheme or road development, in the terms as so altered, or, where necessary, a revised environmental impact statement in respect of it.<\/p>\n<p>(5) If a road authority makes the alterations to the terms of the scheme or proposed road development specified in a notification given to it under subsection (4), the terms of the scheme or road development as so altered shall be deemed to be the scheme or proposed road development for the purposes of sections 49, 50 and 51 of the Roads Act 1993.<\/p>\n<p>C33<br \/>\nApplication of section extended (11.03.2002) by Planning and Development Act 2000 (30\/2000), s. 227(2), S.I. No. 599 of 2001, subject to restriction in s. 227(11).<\/p>\n<p>Acquisition of land etc. on foreshore.<\/p>\n<p>227.\u2014 &#8230;<\/p>\n<p>(2) The functions of a road authority under sections 49, 50 and 51 of the Roads Act, 1993, shall extend to the foreshore adjoining the functional area of the road authority concerned.<\/p>\n<p>&#8230;<\/p>\n<p>(11) This section shall not apply to any application to the Minister for the Marine and Natural Resources for a lease under section 2 of the Foreshore Act, 1933, or for a licence under section 3 of that Act made before the coming into operation of this section.<\/p>\n<p>C34<br \/>\nApplication of section extended (1.07.1998) by Roads (Amendment) Act 1998 (23\/1998), s. 8, commenced on enactment.<\/p>\n<p>Motorway schemes made under Local Government (Roads and Motorways) Act, 1974.<\/p>\n<p>8.\u2014Where a motorway scheme has been made pursuant to section 4 of the Local Government (Roads and Motorways) Act, 1974 , and no order was made pursuant to section 2(2) of that Act in respect of the proposed public road the subject of such scheme, the Minister for the Environment and Local Government may, where the scheme was approved pursuant to either section 4 of that Act or section 49 of the Principal Act, by order declare such proposed public road to be a motorway and such order shall have the same effect as an order to which section 5(1)(b) of the Principal Act applies.<\/p>\n<p>Section 50<br \/>\nF55[<\/p>\n<h4>Environmental impact assessment report<\/h4>\n<p>]<\/p>\n<p>F56[50.\u2014 (1) (a) A road development that is proposed that comprises any of the following shall be subject to an environmental impact assessment:<\/p>\n<p>(i) the construction of a motorway;<\/p>\n<p>(ii) the construction of a busway;<\/p>\n<p>(iii) the construction of a service area;<\/p>\n<p>(iv) any prescribed type of road development consisting of the construction of a proposed public road or the improvement of an existing public road.<\/p>\n<p>(b) If An Bord Plean\u00e1la considers that any road development proposed (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 direct that the development be subject to an environmental impact assessment.<\/p>\n<p>(c) Where a road authority or, as the case may be, the Authority considers that a road development that it proposes (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 An Bord Plean\u00e1la in writing prior to making any application to the Bord for an approval referred to in section 51(1) in respect of the development.<\/p>\n<p>(d) In particular, where a proposed 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 located on\u2014<\/p>\n<p>(i) a European Site within the meaning of Regulation 2 of the European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011),<\/p>\n<p>(ii) land established or recognised as a nature reserve within the meaning of section 15 or 16 of the Wildlife Act 1976 (No. 39 of 1976),<\/p>\n<p>(iii) land designated as a refuge for fauna or flora under section 17 of the Wildlife Act 1976 (No. 39 of 1976), or<\/p>\n<p>(iv) land designated a natural heritage area under section 18 of the Wildlife (Amendment) Act 2000,<\/p>\n<p>the road authority or the Authority, as the case may be, proposing the development shall decide whether or not the proposed development would be likely to have significant effects on the environment.<\/p>\n<p>(e) Where a decision is being made pursuant to this subsection on whether a road development that is proposed would or would not be likely to have significant effects on the environment, An Bord Plean\u00e1la, or the road authority or the Authority concerned (as the case may be), shall take into account the relevant selection criteria specified in Annex III.<\/p>\n<p>(f) Where a road authority or the Authority, as the case may be, makes a decision under paragraph (d) it shall\u2014<\/p>\n<p>(i) make the decision available for inspection by members of the public, and<\/p>\n<p>(ii) make an electronic version of the decision available on its website.<\/p>\n<p>(1A) (a) Unless An Bord Plean\u00e1la is satisfied that a road development that is proposed consisting of the construction of a proposed public road or the improvement of an existing public road (other than development to which subsection (1)(a) applies)\u2014<\/p>\n<p>(i) would not be likely to have significant effects on the environment, or<\/p>\n<p>(ii) would be likely to have significant effects on the environment,<\/p>\n<p>An Bord Plean\u00e1la shall require the road authority, or as the case may be the Authority, proposing the road development to provide it with information on the characteristics of the road development proposed and its likely effects on the environment.<\/p>\n<p>(b) Where a road authority or the Authority is subject to a requirement by An Bord Plean\u00e1la under paragraph (a) it shall\u2014<\/p>\n<p>(i) provide the information specified in Annex IIA, and<\/p>\n<p>(ii) where relevant, take into account the available results of other relevant assessments of the effects on the environment carried out pursuant to any Act of the Oireachtas or under European Union legislation (other than the EIA Directive).<\/p>\n<p>(c) Where a road authority or the Authority is subject to a requirement by An Bord Plean\u00e1la under paragraph (a) it may also provide a description of any features of the development or measures envisaged to avoid or prevent significant adverse effects on the environment.<\/p>\n<p>(d) Where An Bord Plean\u00e1la receives information from a road authority or the Authority under paragraph (b) it shall make a determination as to whether the road development proposed should be subject to an environmental impact assessment on the basis of such information, taking into account the relevant selection criteria specified in Annex III and, where relevant, the results of preliminary verifications or assessments of the effects on the environment carried out pursuant to any Act of the Oireachtas or under European Union legislation (other than the EIA Directive).<\/p>\n<p>(e) A determination under paragraph (d) shall\u2014<\/p>\n<p>(i) where An Bord Plean\u00e1la determines that the development should be subject to an environmental impact assessment, specify with reference to the relevant criteria listed in Annex III the main reasons for that determination, and<\/p>\n<p>(ii) where An Bord Plean\u00e1la determines that the development should not be subject to an environmental impact assessment, specify\u2014<\/p>\n<p>(I) the main reasons for that determination by reference to the relevant criteria listed in Annex III, and<\/p>\n<p>(II) any features of the proposed road development and measures proposed by the road authority, or as the case may be the Authority, to avoid or prevent significant adverse effects on the environment.<\/p>\n<p>(f) Subject to paragraph (g), An Bord Plean\u00e1la shall make its determination under paragraph (d) as soon as possible and within 90 days from the date on which the road authority or, as the case may be, the Authority has submitted all the information required by An Bord Plean\u00e1la under paragraph (a).<\/p>\n<p>(g) An Bord Plean\u00e1la may, in exceptional cases, including where it is justified by the nature, complexity, location or size of the proposed road development, extend the 90 day period referred to in paragraph (f) in order to make its determination and in such cases it shall inform the road authority or, as the case may be, the Authority in writing of the reasons justifying the extension and of the date when its determination is expected.<\/p>\n<p>(h) An Bord Plean\u00e1la shall make an electronic version of any determination under paragraph (d) available to the public on its website.<\/p>\n<p>(1B) A road authority or, as the case may be the Authority, shall prepare an environmental impact assessment report in respect of any road development that it proposes that is subject to an environmental impact assessment under this section.<\/p>\n<p>(2) The road authority or the Authority, as the case may be, shall ensure that an environmental impact assessment report referred to in subsection (1B)\u2014<\/p>\n<p>(a) is prepared by competent experts,<\/p>\n<p>(b) subject to subsection (3), contains the following information:<\/p>\n<p>(i) a description of the proposed road development comprising information on the site, design, size and other relevant features of the development;<\/p>\n<p>(ii) a description of the likely significant effects of the proposed road development on the environment;<\/p>\n<p>(iii) a description of any features of the proposed road development and of any measures envisaged in order to avoid, prevent or reduce and, if possible, offset likely significant adverse effects on the environment;<\/p>\n<p>(iv) a description of the reasonable alternatives studied by the road authority or the Authority, as the case may be, which are relevant to the proposed road development and its specific characteristics, and an indication of the main reasons for the option chosen, taking into account the effects of the proposed road development on the environment;<\/p>\n<p>(v) a non-technical summary of the information referred to in subparagraphs (i) to (iv);<\/p>\n<p>(vi) any additional information specified in Annex IV that is relevant to the specific characteristics of the particular proposed road development or type of proposed road development and to the environmental features likely to be affected,<\/p>\n<p>and<\/p>\n<p>(c) takes into account the available results of other relevant assessments carried out pursuant to any Act of the Oireachtas or under European Union legislation with a view to avoiding duplication of assessments.<\/p>\n<p>(3) Where An Bord Plean\u00e1la issues an opinion under subsection (4) the road authority or the Authority, as the case may be, shall\u2014<\/p>\n<p>(a) prepare the environmental impact assessment report referred to in subsection (1B) based on that opinion, and<\/p>\n<p>(b) include in the report the information that may reasonably be required for reaching a reasoned conclusion on the significant effects of the proposed road development on the environment, taking into account current knowledge and methods of assessment.<\/p>\n<p>(4) (a) An Bord Plean\u00e1la shall, on the request of a road authority, or the Authority, that proposes a road development to which this section applies, made before the road authority or the Authority, as the case may be, has submitted an environmental impact assessment report\u2014<\/p>\n<p>(i) consult with the road authority or the Authority, as the case may be,<\/p>\n<p>(ii) consult the authorities referred to in section 51(3)(b), and<\/p>\n<p>(iii) taking into account the information provided by the road authority or the Authority, as the case may be, in particular on the specific characteristics of the project, including its location and technical capacity, and its likely impact on the environment, issue an opinion on the scope, and level of detail, of the information to be included by the road authority or the Authority, as the case may be, in the environmental impact assessment report in accordance with subsection (2).<\/p>\n<p>(b) The issuing of an opinion under this subsection shall not prejudice the exercise by An Bord Plean\u00e1la of its powers pursuant to section 51(4) to require the road authority concerned or the Authority, as the case may be, to furnish it with specified additional information in relation to the likely effects on the environment of the proposed road development.<\/p>\n<p>(5) In this section, &#8220;construction of a proposed public road or the improvement of an existing public road&#8221; includes any change or extension to a proposed road development already authorised, executed or in the process of being executed.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F55<br \/>\nSubstituted (24.06.2019) by European Union (Roads Act 1993) (Environmental Impact Assessment) (Amendment) Regulations 2019 (S.I. No. 279 of 2019), reg. 4, subject to interpretation provision in reg. 2(2).<\/p>\n<p>F56<br \/>\nSubstituted (24.06.2019) by European Union (Roads Act 1993) (Environmental Impact Assessment) (Amendment) Regulations 2019 (S.I. No. 279 of 2019), reg. 5, subject to interpretation provision in reg. 2(2).<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C35<br \/>\nApplication of section extended (11.03.2002) by Planning and Development Act 2000 (30\/2000), s. 227(2), S.I. No. 599 of 2001, subject to restriction in s. 227(11).<\/p>\n<p>Acquisition of land etc. on foreshore.<\/p>\n<p>227.\u2014&#8230;<\/p>\n<p>(2) The functions of a road authority under sections 49, 50 and 51 of the Roads Act, 1993, shall extend to the foreshore adjoining the functional area of the road authority concerned.<\/p>\n<p>&#8230;<\/p>\n<p>(11) This section shall not apply to any application to the Minister for the Marine and Natural Resources for a lease under section 2 of the Foreshore Act, 1933, or for a licence under section 3 of that Act made before the coming into operation of this section.<\/p>\n<p>C36<br \/>\nApplication of section extended by Planning and Development Act 2000 (30\/2000), s. 217B(4) and (5), as inserted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27\/2006), s. 38, S.I. No. 684 of 2006.<\/p>\n<p>Transferred functions under this Part: supplemental provisions<\/p>\n<p>217B.\u2014&#8230;<\/p>\n<p>(4) The Board may\u2014<\/p>\n<p>(a) if it considers it necessary to do so, require a road authority that has submitted a scheme under section 49 of the Roads Act 1993 or made an application for approval under section 51 of that Act to furnish to the Board such further information in relation to\u2014<\/p>\n<p>(i) the effects on the environment of the proposed scheme or road development, or<\/p>\n<p>(ii) the consequences for proper planning and sustainable development in the area or areas in which it is proposed to situate the said scheme or road development of such scheme or road development, as the Board may specify, or<\/p>\n<p>(b) if it is provisionally of the view that it would be appropriate to approve the scheme or proposed road development were certain alterations (specified in the notification referred to in this paragraph) to be made to the terms of it, notify the road authority that it is of that view and invite the authority to make to the terms of the scheme or proposed road development alterations specified in the notification and, if the authority makes those alterations, to furnish to it such information (if any) as it may specify in relation to the scheme or road development, in the terms as so altered, or, where necessary, a revised environmental impact statement in respect of it.<\/p>\n<p>(5) If a road authority makes the alterations to the terms of the scheme or proposed road development specified in a notification given to it under subsection (4), the terms of the scheme or road development as so altered shall be deemed to be the scheme or proposed road development for the purposes of sections 49, 50 and 51 of the Roads Act 1993.<\/p>\n<p>C37<br \/>\nApplication of subs. (1)(b) restricted (18.07.2004) by National Monuments (Amendment) Act 2004 (22\/2004), s. 8(4), commenced on enactment.<\/p>\n<p>South Eastern Route and National Monuments Acts 1930 to 2004.<\/p>\n<p>8.\u2014 &#8230;<\/p>\n<p>(4) Section 50(1)(b) of the Roads Act 1993 shall not apply in respect of the South Eastern Route.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E72<br \/>\nPower pursuant to section exercised (17.09.2019) by Roads (Amendment) Regulations 2019 (S.I. No. 486 of 2019).<\/p>\n<p>E73<br \/>\nPower to determine fees under section provided by Planning and Development Act 2000 (30\/2000), s. 144(1A)(e), as inserted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30\/2010), s. 44, S.I. No. 477 of 2010.<\/p>\n<p>E74<br \/>\nPower pursuant to section exercised (1.07.1994) by Roads Regulations 1994 (S.I. No. 119 of 1994).<\/p>\n<p>E75<br \/>\nPrevious affecting provisions: subs. (1)(d)(i) substituted and subparas. (ii)-(iv) repealed (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), reg. 56(7); section substituted as per F-note above.<\/p>\n<p>E76<br \/>\nPrevious affecting provisions: subs. (1)(a) substituted and (5) inserted (11.07.2007) by Roads Act 2007 (34\/2007), s. 9(1)(d), commenced on enactment; section substituted as per F-note above.<\/p>\n<p>E77<br \/>\nPrevious affecting provisions: subs. (1)(d), (e)(f) inserted, subss. (2), (3) substituted and subs. (4) inserted (1.05.1999) by European Communities (Environmental Impact Assessment) (Amendment) Regulations 1999 (S.I. No. 93 of 1999), reg. 14(a)-(c); section substituted as per F-note above.<\/p>\n<p>E78<br \/>\nPrevious affecting provision: subs. (3) substituted (18.09.1998) by European Communities (Environmental Impact Assessment) (Amendment) Regulations 1998 (S.I. No. 351 of 1998), reg. 14(a); substituted as per E-note above.<\/p>\n<p>Section 51<\/p>\n<h4>Environmental impact assessment.<\/h4>\n<p>51.\u2014F57[(1) A proposed road development shall not be carried out unless An Bord Plean\u00e1la has approved it or approved it with modifications.<\/p>\n<p>(2) The road authority concerned or the Authority, as the case may be, shall apply to An Bord Plean\u00e1la for the approval referred to in subsection (1) in relation to a proposed road development it proposes and shall submit to An Bord Plean\u00e1la the F58[environmental impact assessment report] prepared in respect of the development.]<\/p>\n<p>F59[(2A) An Bord Plean\u00e1la shall ensure that it has, or has access as necessary to, sufficient expertise to examine the environmental impact assessment report.]<\/p>\n<p>(3) Where a road authority F59[or the Authority] has made an application for approval under subsection (2), it shall as soon as may be\u2014<\/p>\n<p>(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\u2014<\/p>\n<p>(i) stating that it has made an application to the Minister for the approval of the proposed road development,<\/p>\n<p>(ii) stating that an F58[environmental impact assessment report] in respect of the proposed road development has been prepared,<\/p>\n<p>(iii) indicating the times at which, the period F60[(not being less than 6 weeks)] during which and the place where a copy of the F58[environmental impact assessment report] may be inspected,<\/p>\n<p>(iv) stating that a copy of the F58[environmental impact assessment report] may be purchased on payment of a specified fee not exceeding the reasonable cost of making such copy, F61[\u2026]<\/p>\n<p>(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 F60[during the period referred to in paragraph (a)(iii)];<\/p>\n<p>F62[(vi) where relevant, stating that the proposed road development is likely to have significant effects on the environment in Northern Ireland, and<\/p>\n<p>(vii) specifying the types of decision F63[An Bord Plean\u00e1la] may make, under section 51(6), in relation to the application;]<\/p>\n<p>F59[(aa) send to An Bord Plean\u00e1la an electronic version of \u2014<\/p>\n<p>(i) the notice referred to in paragraph (a),<\/p>\n<p>(ii) the environmental impact assessment report in respect of the proposed development, and<\/p>\n<p>(iii) a map of the location of the proposed road development to a scale of not less than 1:1000 in relation to built-up areas and 1:2500 in relation to all other areas, or such other scale as may be agreed with the Minister for Housing, Planning and Local Government in a particular case, and marked so as to identify clearly the land or structure to which the application relates,]<\/p>\n<p>(b) send a copy of the F58[environmental impact assessment report] 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 F60[within a specified period (which shall be that referred to in paragraph (a)(iii))] in relation to the likely effects on the environment of the proposed road development to each of the following\u2014<\/p>\n<p>(i) the Commissioners of Public Works in Ireland,<\/p>\n<p>(ii) Bord F\u00e1ilte \u00c9ireann,<\/p>\n<p>(iii) An Taisce \u2014 the National Trust for Ireland,<\/p>\n<p>F64[(iv) the Environmental Protection Agency,<\/p>\n<p>(v) any other prescribed body or person;]<\/p>\n<p>(c) send a copy of the F58[environmental impact assessment report] 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 application 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.<\/p>\n<p>F65[(d) where the F58[environmental impact assessment report] and a notice has been sent to the prescribed authority in Northern Ireland pursuant to paragraph (c), enter into consultations with that authority regarding the potential effects on the environment of the proposed road development and the measures envisaged to reduce or eliminate such effects.]<\/p>\n<p>F59[(3A) An Bord Plean\u00e1la shall make an electronic version of the documents specified in subsection (3) (aa) available to the public on its website (at the location referred to in subsection (3B) (g)).<\/p>\n<p>(3B) An Bord Plean\u00e1la shall send to the Minister for Housing, Planning and Local Government each of the following:<\/p>\n<p>(a) the name of the road authority, or as the case may be, the Authority, proposing the road development together with a contact name, email address and phone number for correspondence;<\/p>\n<p>(b) a description of the location of the proposed development;<\/p>\n<p>(c) a description of the proposed development;<\/p>\n<p>(d) notice that An Bord Plean\u00e1la is the competent authority to which the application has been made;<\/p>\n<p>(e) a map of the location of the proposed road development to a scale of not less than 1:1000 in relation to built-up areas and 1:2500 in relation to all other areas, or such other scale as may be agreed with the Minister for Housing, Planning and Local Government in a particular case, and marked so as to identify clearly the land or structure to which the application relates;<\/p>\n<p>(f) a searchable electronic version of the notice referred to in subsection (3)(a);<\/p>\n<p>(g) notification of the location where information in electronic form that relates to the application, including any determination under section 50(1A) (d), is available on An Bord Plean\u00e1la\u2019s website.]<\/p>\n<p>F64[(4) Where a road authority or the Authority has applied to An Bord Plean\u00e1la for an approval in accordance with subsection (2), An Bord Plean\u00e1la may require the road authority or the Authority, as the case may be, to furnish it with any additional information specified in Annex IV which is directly relevant to reaching a reasoned conclusion on the significant effects of the development on the environment and a road authority or, as the case may be the Authority shall comply with any such requirement.]<\/p>\n<p>F66[(4A) The Minister shall, where he considers that additional information furnished in accordance with a requirement under subsection (4) contains significant additional data in relation to the effects on the environment of the proposed road development, require the relevant road authority to \u2014<\/p>\n<p>(a) publish in one or more newspapers circulating in the area in which the proposed road development would take place a notice stating that significant additional information in relation to the said effects has been furnished to the Minister, that the additional information will be available, for inspection or for purchase (on payment of a specified fee not exceeding the reasonable cost of making a copy) , at a specified place and at specified times during a specified period, and that submissions or observations in relation to the additional information may be made in writing to the Minister before a specified date, and<\/p>\n<p>(b) send notice of the furnishing to the Minister of significant additional information, and a copy of the additional information, to the bodies and persons and the authority (where appropriate) referred to in subsections (3) (b) and (c) and to indicate to such bodies and persons and the authority (where appropriate) that submissions or observations in relation to the additional information may be made in writing to the Minister before a specified date.]<\/p>\n<p>F59[(4B) Where An Bord Plean\u00e1la requires the relevant road authority, or as the case may be the Authority, to publish a notice in accordance with subsection (4A)(a) the relevant road authority, or as the case may be the Authority, shall provide An Bord Plean\u00e1la with an electronic version of that notice and An Bord Plean\u00e1la shall make the electronic version of the notice and an electronic version of the additional information referred to in subsection (4A) available at the location referred to in subsection (3B)(g).<\/p>\n<p>(4C) Where An Bord Plean\u00e1la receives any submissions made in relation to the likely effects on the environment of the proposed road development it shall make them available in electronic form at the location referred to in subsection (3B) (g).]<\/p>\n<p>F64[(5) Before approving a proposed road development An Bord Plean\u00e1la shall \u2014<\/p>\n<p>(a) duly take into account\u2014<\/p>\n<p>(i) the environmental impact assessment report submitted under subsection (2),<\/p>\n<p>(ii) any additional information furnished under subsection (4),<\/p>\n<p>(iii) any submissions made in relation to the likely effects on the environment of the proposed road development, and<\/p>\n<p>(iv) where a copy of the environmental impact assessment report was sent in accordance with subsection (3)(c), the results of consultations and the information gathered under subsection (3)(d),<\/p>\n<p>(b) 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,<\/p>\n<p>and<\/p>\n<p>(c) taking into account the results of the examination referred to in paragraphs (a) and (b), reach a reasoned conclusion on the significant effects of the proposed road development on the environment.]<\/p>\n<p>F59[(5A) An Bord Plean\u00e1la shall make a decision under subsection (6) in relation to a proposed road development within a reasonable period of time following receipt of an environmental impact assessment report under subsection (2) or, where relevant, of receipt of additional information under subsection (4).]<\/p>\n<p>F64[(6) An Bord Plean\u00e1la, having reached a reasoned conclusion under subsection (5)(c) and being satisfied that the reasoned conclusion remains up-to-date, may, by order, approve a proposed road development, with or without modifications and subject to whatever environmental conditions (including conditions regarding monitoring measures, parameters to be monitored and the duration of monitoring) it considers appropriate, or may refuse to approve such development.]<\/p>\n<p>F64[(6A) An order under subsection (6) approving a proposed road development shall include\u2014<\/p>\n<p>(a) the reasoned conclusion referred to in subsection (5),<\/p>\n<p>(b) any environmental conditions, including conditions regarding monitoring measures, parameters to be monitored and the duration of monitoring, to which the approval is subject, and<\/p>\n<p>(c) a description of any features of the proposed road development, or any measures envisaged, to avoid, prevent or reduce, or offset significant adverse effects on the environment.]<\/p>\n<p>F59[(6B) An order under subsection (6) refusing to approve a proposed road development shall include the main reasons for the refusal.<\/p>\n<p>(6C) Where An Bord Plean\u00e1la makes an order referred to in subsection (6) it shall\u2014<\/p>\n<p>(a) publish in one or more newspapers circulating in the area in which the proposed road development would take place, and in electronic form at the location referred to in subsection (3B) (g), a notice stating\u2014<\/p>\n<p>(i) that An Bord Plean\u00e1la has approved or, as the case may be, refused to approve the proposed road development,<\/p>\n<p>(ii) the main reasons and considerations on which the decision to approve or refuse to approve is based, including\u2014<\/p>\n<p>(I) information about the public participation process,<\/p>\n<p>(II) a summary of the results of the consultations and the information gathered pursuant to section 50 and this section (in particular, where a copy of the environmental impact assessment report was sent in accordance with subsection (3)(c), the results of consultations and the information gathered under subsection (3)(d)), and,<\/p>\n<p>(III) a description of how the results referred to in clause (II) have been incorporated or otherwise addressed,<\/p>\n<p>(iii) where the proposed road development was approved subject to modifications or environmental conditions (including conditions regarding monitoring measures, parameters to be monitored and the duration of monitoring), particulars of those modifications or conditions,<\/p>\n<p>(iv) that a copy of the order is available for inspection during specified hours, at a specified place, for a specified period of time, and in electronic form at the location referred to in subsection (3B)(g), and<\/p>\n<p>(v) that practical information regarding the judicial review procedures by which a person may seek to question the validity of a determination by An Bord Plean\u00e1la on a proposed road development can be found at the location referred to in subsection (3B)(g),<\/p>\n<p>(b) forward to each of the bodies referred to in subsection (3)(b) a copy of the order under subsection (6),<\/p>\n<p>and<\/p>\n<p>(c) where a copy of the environmental impact assessment report was sent in accordance with subsection (3)(c), forward to the prescribed authority in Northern Ireland a copy of the order under subsection (6).]<\/p>\n<p>(7) (a) The person conducting\u2014<\/p>\n<p>(i) a public local inquiry under section 49, or<\/p>\n<p>(ii) a local inquiry in relation to a bridge order under section 47 of the Act of 1946, or<\/p>\n<p>(iii) a public local inquiry in relation to the compulsory acquisition of land,<\/p>\n<p>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.<\/p>\n<p>(b) Where an application for approval under this section relates to a proposed road development, and<\/p>\n<p>(i) a scheme submitted to the Minister for approval under section 49, or<\/p>\n<p>(ii) an application submitted to the Minister for a bridge order under the Act of 1946, or<\/p>\n<p>(iii) a compulsory purchase order submitted to the Minister for confirmation,<\/p>\n<p>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.<\/p>\n<p>(8) (a) The European Communities (Environmental Impact Assessment) (Motorways) Regulations, 1988 (S.I. No. 221 of 1988) are hereby revoked.<\/p>\n<p>(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.<\/p>\n<p>F67[(9) F68[\u2026]]<\/p>\n<p>F59[(10) In carrying out an environmental impact assessment on a proposed road development under this section, An Bord Plean\u00e1la shall, where appropriate, coordinate the assessment with any assessment of the proposed development under Council Directive 92\/43\/EEC of 21 May 19923 or Directive 2009\/147\/EC of the European Parliament and of the Council of 30 November 20094.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F57<br \/>\nSubstituted (11.07.2007) by Roads Act 2007 (34\/2007), s. 9(1)(e), commenced on enactment.<\/p>\n<p>F58<br \/>\nSubstituted (24.06.2019) by European Union (Roads Act 1993) (Environmental Impact Assessment) (Amendment) Regulations 2019 (S.I. No. 279 of 2019), reg. 4, subject to interpretation provision in reg. 2(2).<\/p>\n<p>F59<br \/>\nInserted (24.06.2019) by European Union (Roads Act 1993) (Environmental Impact Assessment) (Amendment) Regulations 2019 (S.I. No. 279 of 2019), reg. 6(a), (b)(i), (ii), (c), (e), (g), (j), (l), subject to interpretation provision in reg. 2(2).<\/p>\n<p>F60<br \/>\nSubstituted (31.1.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27\/2006), s. 51(3), S.I. No. 684 of 2006.<\/p>\n<p>F61<br \/>\nDeleted (31.1.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27\/2006), s. 51(3), S.I. No. 684 of 2006.<\/p>\n<p>F62<br \/>\nInserted (31.1.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27\/2006), s. 51(3), S.I. No. 684 of 2006.<\/p>\n<p>F63<br \/>\nSubstituted (11.07.2007) by Roads Act 2007 (34\/2007), s. 9, commenced on enactment.<\/p>\n<p>F64<br \/>\nSubstituted (24.06.2019) by European Union (Roads Act 1993) (Environmental Impact Assessment) (Amendment) Regulations 2019 (S.I. No. 279 of 2019), reg. 6(b)(iii), (d), (f), (h), (i), subject to interpretation provision in reg. 2(2).<\/p>\n<p>F65<br \/>\nInserted (1.05.1999) by European Communities (Environmental Impact Assessment) (Amendment) Regulations 1999 (S.I. No. 93 of 1999), reg. 14(a), (c).<\/p>\n<p>F66<br \/>\nInserted (18.09.1998) by European Communities (Environmental Impact Assessment) (Amendment) Regulations 1998 (S.I. No. 351 of 1998), reg. 14(2).<\/p>\n<p>F67<br \/>\nInserted (11.07.2007) by Roads Act 2007 (34\/2007), s. 9(1)(d)(ii), commenced on enactment.<\/p>\n<p>F68<br \/>\nDeleted (24.06.2019) by European Union (Roads Act 1993) (Environmental Impact Assessment) (Amendment) Regulations 2019 (S.I. No. 279 of 2019), reg. 6(k), subject to interpretation provision in reg. 2(2).<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C38<br \/>\nFunctions transferred and terms \u201cDepartment of the Environment, Heritage and Local Government\u201d and \u201cMinister\u201d construed (1.05.2011) by Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 192 of 2011).<\/p>\n<p>2. (1) The administration and business in connection with the exercise, performance or execution of any powers, duties and functions transferred by this Order are transferred to the Department of Tourism, Culture and Sport.<\/p>\n<p>(2) References to the Department of the Environment, Heritage and Local Government contained in any Act or any instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Tourism, Culture and Sport.<\/p>\n<p>3. (1) The powers, duties and functions vested in the Minister for the Environment, Heritage and Local Government\u2014<\/p>\n<p>(a) by or under any of the Acts mentioned in Part 1 of the Schedule,<\/p>\n<p>&#8230;<\/p>\n<p>are transferred to the Minister for Tourism, Culture and Sport.<\/p>\n<p>(2) References to the Minister for the Environment, Heritage and Local Government contained in any Act or instrument made under such Act and relating to any powers, duties and functions transferred by this Order shall, on and after the commencement of this Order, be construed as references to the Minister for Tourism, Culture and Sport.<\/p>\n<p>&#8230;<\/p>\n<p>SCHEDULE<\/p>\n<p>Part 1<\/p>\n<p>Enactments, powers, duties and functions by or under which are transferred from the Minister for the Environment, Heritage and Local Government to the Minister for Tourism, Culture and Sport.<\/p>\n<p>&#8230;<\/p>\n<p>Section 51 (3)(b) of the Roads Act 1993 (No. 14 of 1993);<\/p>\n<p>&#8230;<\/p>\n<p>The Minister for Tourism, Culture and Sport was changed to the Minister for Arts, Heritage and the Gaeltacht (2.06.2011) by Tourism, Culture and Sport (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 220 of 2011).<\/p>\n<p>However, see C-note at beginning of Act which shows transfer of functions of Minister under section (and ss. 49 and 50) to An Bord Plean\u00e1la (1.01.2001) by Planning and Development Act 2000 (30\/2000), ss. 214(1) and 215, other than any powers to make regulations or prescribe any matters. The untransferred regulation-making power was transferred from the Minister for Environment and Local Government to the Minister for Public Enterprise (18.06.2002) by National Roads and Road Traffic (Transfer of Departmental Administration and Ministerial Functions) Order 2002 (S.I. No. 298 of 2002). The Minister for Public Enterprise was renamed Minister for Transport (19.06.2002) by Public Enterprise (Alteration of Name of Department and Title of Minister) Order 2002 (S.I. No. 305 of 2002). The Minister for Transport was renamed Minister for Transport, Tourism and Sport (2.04.2011) by Transport (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 141 of 2011).<\/p>\n<p>The power at issue under subs. (3)(b) is a power to receive submissions and not to make regulations. Because the assignment of functions in 2001 was made by an Act which takes precedence over a statutory instrument, it appears that the function under subs. (3) continues to belong to An Bord Plean\u00e1la, not the Minister for Arts, Heritage and the Gaeltacht.<\/p>\n<p>C39<br \/>\nApplication of section extended (11.03.2002) by Planning and Development Act 2000 (30\/2000), s. 227(2), S.I. No. 599 of 2001, subject to restriction in s. 227(11).<\/p>\n<p>Acquisition of land etc. on foreshore.<\/p>\n<p>227.\u2014 &#8230;<\/p>\n<p>(2) The functions of a road authority under sections 49, 50 and 51 of the Roads Act, 1993, shall extend to the foreshore adjoining the functional area of the road authority concerned.<\/p>\n<p>&#8230;<\/p>\n<p>(11) This section shall not apply to any application to the Minister for the Marine and Natural Resources for a lease under section 2 of the Foreshore Act, 1933, or for a licence under section 3 of that Act made before the coming into operation of this section.<\/p>\n<p>C40<br \/>\nApplication of section not restricted (1.01.2001) by Planning and Development Act 2000 (30\/2000), s. 216, S.I. No. 449 of 2000.<\/p>\n<p>Confirmation of compulsory purchase order where there are no objections.<\/p>\n<p>216.\u2014(1) Where a compulsory purchase order is made in respect of the acquisition of land by a local authority in accordance with any of the enactments referred to in section 214 (1) and\u2014<\/p>\n<p>(a) no objections are received by the Board or the local authority, as the case may be, within the period provided for making objections,<\/p>\n<p>(b) any objection received is subsequently withdrawn at any time before the Board makes its decision, or<\/p>\n<p>(c) the Board is of opinion that any objection received relates exclusively to matters which can be dealt with by a property arbitrator, the Board shall, where appropriate, inform the local authority and the local authority shall, as soon as may be, confirm the order with or without modification, or it may refuse to confirm the order.<\/p>\n<p>(2) Subsection (1) shall not prejudice any requirement to obtain approval for a scheme in accordance with section 49 of the Roads Act, 1993, or proposed road development in accordance with section 51 of the Roads Act, 1993, or for proposed development under section 175 of this Act.<\/p>\n<p>C41<br \/>\nApplication of section not extended (26.02.1930) by National Monuments Act 1930 (2\/1930), s. 14, commenced on enactment, as inserted (18.07.2004) by National Monuments (Amendment) Act 2004 (22\/2004), s. 5, commenced on enactment.<\/p>\n<p>Ministerial direction under section 14A and function of An Bord Plean\u00e1la.<\/p>\n<p>14B.\u2014 &#8230;<\/p>\n<p>(3) &#8230;<\/p>\n<p>(b) Nothing in this section shall be construed so as to put in question any part of the scheme duly approved under section 49 of the Roads Act 1993, or of the road development duly approved under section 51 of that Act, and to which the directions of the Minister do not relate.<\/p>\n<p>C42<br \/>\nApplication of section not extended (26.02.1930) by National Monuments Act 1930 (2\/1930), s. 23, commenced on enactment, as inserted (18.07.2004) by National Monuments (Amendment) Act 2004 (22\/2004), s. 6, commenced on enactment.<\/p>\n<p>Reports of finding of archaeological objects.<\/p>\n<p>23.\u2014 &#8230;<\/p>\n<p>(9) This section shall not apply\u2014<\/p>\n<p>(a) to any person who discovers an archaeological object under and in pursuance of\u2014 &#8230;<\/p>\n<p>(v) an approved road development under either or both sections 49 and 51 of the Roads Act 1993,<\/p>\n<p>&#8230;<\/p>\n<p>C43<br \/>\nApplication of section extended (1.01.2001) by Planning and Development Act 2000 (30\/2000), s. 217B, S.I. No. 449 of 2000, as amended (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27\/2006), s. 38(4) and (5), S.I. No. 684 of 2006.<\/p>\n<p>Transferred functions under this Part: supplemental provisions<\/p>\n<p>217B.\u2014 &#8230;<\/p>\n<p>(4) The Board may\u2014<\/p>\n<p>(a) if it considers it necessary to do so, require a road authority that has submitted a scheme under section 49 of the Roads Act 1993 or made an application for approval under section 51 of that Act to furnish to the Board such further information in relation to\u2014<\/p>\n<p>(i) the effects on the environment of the proposed scheme or road development, or<\/p>\n<p>(ii) the consequences for proper planning and sustainable development in the area or areas in which it is proposed to situate the said scheme or road development of such scheme or road development, as the Board may specify, or<\/p>\n<p>(b) if it is provisionally of the view that it would be appropriate to approve the scheme or proposed road development were certain alterations (specified in the notification referred to in this paragraph) to be made to the terms of it, notify the road authority that it is of that view and invite the authority to make to the terms of the scheme or proposed road development alterations specified in the notification and, if the authority makes those alterations, to furnish to it such information (if any) as it may specify in relation to the scheme or road development, in the terms as so altered, or, where necessary, a revised environmental impact statement in respect of it.<\/p>\n<p>(5) If a road authority makes the alterations to the terms of the scheme or proposed road development specified in a notification given to it under subsection (4), the terms of the scheme or road development as so altered shall be deemed to be the scheme or proposed road development for the purposes of sections 49, 50 and 51 of the Roads Act 1993.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E79<br \/>\nPower pursuant to section exercised (17.09.2019) by Roads (Amendment) Regulations 2019 (S.I. No. 486 of 2019).<\/p>\n<p>E80<br \/>\nPower pursuant to section exercised (17.09.2019) by Roads (Schemes) (Forms) (Amendment) Regulations 2019 (S.I. No. 485 of 2019).<\/p>\n<p>E81<br \/>\nPower to determine fees under section provided by Planning and Development Act 2000 (30\/2000), s. 144(1A)(j), as inserted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30\/2010), s. 44, S.I. No. 477 of 2010.<\/p>\n<p>E82<br \/>\nPower pursuant to section exercised (7.03.2008) by Roads (Schemes) (Forms) Regulations 2008 (S.I. No. 49 of 2008).<\/p>\n<p>E83<br \/>\nForm for the purposes of subs. (3)(a) prescribed (7.03.2008) by Roads (Schemes) (Forms) Regulations 2008 (S.I. No. 49 of 2008), reg. 6 and sch. 4.<\/p>\n<p>E84<br \/>\nForm for the purposes of subs. (3)(b) prescribed (7.03.2008) by Roads (Schemes) (Forms) Regulations 2008 (S.I. No. 49 of 2008), reg. 7 and sch. 5.<\/p>\n<p>E85<br \/>\nForm for the purposes of subs. (3)(c) prescribed (7.03.2008) by Roads (Schemes) (Forms) Regulations 2008 (S.I. No. 49 of 2008), reg. 8 and sch. 6.<\/p>\n<p>E86<br \/>\nPower pursuant to section exercised (1.07.1994) by Roads Regulations 1994 (S.I. No. 119 of 1994).<\/p>\n<p>E87<br \/>\nPrevious affecting provision: power pursuant to section exercised (1.01.2001) by Roads Regulations 2000 (S.I. No. 453 of 2000); revoked (28.02.2008) by Roads (Schemes) (Forms) Regulations 2008 (S.I. No. 49 of 2008), reg. 9.<\/p>\n<p>E88<br \/>\nPrevious affecting provision: subs. (6)(aa), (ab) inserted (13.07.2010) by European Communities (Public Participation) Regulations 2010 (S.I. No. 352 of 2010), reg 12(2); section substituted as per F-note above.<\/p>\n<p>E89<br \/>\nPrevious affecting provision: subs. (6A) inserted (1.05.1999) by European Communities (Environmental Impact Assessment)(Amendment) Regulations 1999 (S.I. No. 93 of 1999), reg. 14(e); subsection substituted as per F-note above.<\/p>\n<p>3 OJ No. L 206, 22.7.1992, p. 7<\/p>\n<p>4 OJ No. L 20, 26.1.2010, p. 7<\/p>\n<p>Section 51A<br \/>\nF69[<\/p>\n<h4>Consultations with An Bord Plean\u00e1la before making of application under section 51<\/h4>\n<p>51A.\u2014 (1) Where a road authority or the Authority, as the case may be, proposes to make an application for approval to An Bord Plean\u00e1la pursuant to section 51(2) in relation to a proposed road development, it may, before making the application, make a request to An Bord Plean\u00e1la to enter into consultations in relation to the proposed road development.<\/p>\n<p>(2) An Bord Plean\u00e1la shall\u2014<\/p>\n<p>(a) accede to a request under subsection (1) as soon as possible, and<\/p>\n<p>(b) ensure that consultations held are completed as expeditiously as is consistent with proper planning and sustainable development and, for that purpose, take all such steps as are open to it to ensure that, in so far as is practicable, there are no avoidable delays at any stage in the holding of those consultations.<\/p>\n<p>(3) In any consultations, An Bord Plean\u00e1la may give advice to the road authority concerned or the Authority regarding the proposed application for approval under section 51(2) and, in particular, regarding\u2014<\/p>\n<p>(a) the procedures involved in making such an application and in considering such an application, and<\/p>\n<p>(b) what considerations, relating to\u2014<\/p>\n<p>(i) the effects of the proposed road development on the environment, or an area, site or land, referred to in section 50(1)(d), or<\/p>\n<p>(ii) proper planning and sustainable development,<\/p>\n<p>that may, in the opinion of An Bord Plean\u00e1la, have a bearing on its decision in relation to the application.<\/p>\n<p>(4) A road authority or the Authority, as the case may be, shall, for the purposes of consultations, supply to An Bord Plean\u00e1la sufficient information in relation to the proposed road development so as to enable An Bord Plean\u00e1la to assess that development.<\/p>\n<p>(5) An Bord Plean\u00e1la may consult with any person who may, in the opinion of An Bord Plean\u00e1la, have information which is relevant for the purposes of consultations in relation to the proposed road development.<\/p>\n<p>(6) The holding of the consultations shall not prejudice the performance by An Bord Plean\u00e1la of any other of its functions under this Act or regulations under this Act and shall not be relied upon in an application for approval under section 51(2) or in legal proceedings.<\/p>\n<p>(7) An Bord Plean\u00e1la shall keep a record in writing of any consultations, including the names of those who participated in the consultations, and a copy of any such record shall be placed and kept with the documents to which any application for approval under section 51(2) in respect of the proposed road development relates.<\/p>\n<p>(8) An Bord Plean\u00e1la shall provide a copy of any record kept in accordance with subsection (7) to the road authority concerned or the Authority.<\/p>\n<p>(9) Following the completion of any consultations between An Bord Plean\u00e1la and the road authority concerned or the Authority, as the case may be, the road authority or the Authority may apply to An Bord Plean\u00e1la for the approval referred to in section 51(2) in relation to a proposed road development.<\/p>\n<p>(10) In this section, &#8220;consultations&#8221; means the consultations referred to in subsection (1).]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F69<br \/>\nInserted (6.05.2015) by Roads Act 2015 (14\/2015), s. 24, commenced on enactment.<\/p>\n<p>Section 51AA<br \/>\nF70[<\/p>\n<h4>Power of An Bord Plean\u00e1la to approve scheme or proposed road development that contravenes materially any plan<\/h4>\n<p>51AA.\u2014 An Bord Plean\u00e1la shall approve a scheme, or a proposed road development, that contravenes materially any development plan or any local area plan (within the meaning of the Act of 2000) only if it considers that one of the following is the case:<\/p>\n<p>(a) the scheme or proposed road development is of strategic, regional or national importance;<\/p>\n<p>(b) there are conflicting objectives in the development plan or the objectives are not clearly stated, insofar as the scheme or proposed road development is concerned;<\/p>\n<p>(c) the scheme or proposed road development should be approved having regard to the transport strategy made under section 12 of the Dublin Transport Authority Act 2008 , the regional spatial and economic strategy for the area, guidelines under section 28 of the Act of 2000, policy directives under section 29 of the Act of 2000, the statutory obligations of any local authority in the area, and any relevant policy of the Government, the Minister for Housing, Local Government and Heritage or any Minister of the Government;<\/p>\n<p>(d) the scheme or proposed road development should be approved having regard to the pattern of development, and planning permissions granted, in the area since the making of the development plan.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F70<br \/>\nInserted (17.07.2023) by Road Traffic and Roads Act 2023 (16\/2023), s. 45, S.I. No. 364 of 2023.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E90<br \/>\nThe section heading is taken from the amending section in the absence of one included in the amendment.<\/p>\n<p>Section 51B<br \/>\nF71[<\/p>\n<h4>Interpretation &#8211; sections 51C to 51G<\/h4>\n<p>51B.\u2014 In sections 51C to 51G \u2014<\/p>\n<p>&#8220;developer&#8221;, in relation to a road development, means\u2014<\/p>\n<p>(a) the road authority that proposed the road development, or<\/p>\n<p>(b) where the Authority proposed the development, the Authority;<\/p>\n<p>&#8220;order&#8221; means an order, under section 51(6), approving a road development either with modifications or subject to conditions relating to\u2014<\/p>\n<p>(a) features of the road development or measures envisaged to avoid, prevent, reduce or offset significant adverse effects on the environment, or<\/p>\n<p>(b) the monitoring of significant adverse effects on the environment (including conditions regarding monitoring measures, parameters to be monitored and the duration of monitoring).]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F71<br \/>\nInserted (24.06.2019) by European Union (Roads Act 1993) (Environmental Impact Assessment) (Amendment) Regulations 2019 (S.I. No. 279 of 2019), reg. 7, subject to interpretation provision in reg. 2(2).<\/p>\n<p>Section 51C<br \/>\nF72[<\/p>\n<h4>Duty to notify, and to comply with modifications and conditions of approval<\/h4>\n<p>51C.\u2014 (1) Where An Bord Plean\u00e1la makes an order in respect of a national road proposed by a road authority, the road authority shall\u2014<\/p>\n<p>(a) comply with, and<\/p>\n<p>(b) notify the Authority of,<\/p>\n<p>the modifications and conditions specified in the order.<\/p>\n<p>(2) Where An Bord Plean\u00e1la makes an order in respect of a regional road or a local road proposed by a road authority, the road authority shall\u2014<\/p>\n<p>(a) comply with, and<\/p>\n<p>(b) notify the Minister of,<\/p>\n<p>the modifications and conditions specified in the order.<\/p>\n<p>(3) Where An Bord Plean\u00e1la makes an order in respect of a national road proposed by the Authority, the Authority shall\u2014<\/p>\n<p>(a) comply with, and<\/p>\n<p>(b) notify the Minister of,<\/p>\n<p>the modifications and conditions specified in the order.<\/p>\n<p>(4) A person that fails to comply with this section shall be guilty of an offence and shall be liable\u2014<\/p>\n<p>(a) on summary conviction, to a class A fine or to imprisonment for any term not exceeding 6 months or, at the discretion of the court, to both such fine and such imprisonment, or<\/p>\n<p>(b) on conviction on indictment, to a fine not exceeding \u20ac500,000 or to imprisonment for a term not exceeding 3 years or, at the discretion of the court, to both such fine and such imprisonment.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F72<br \/>\nInserted (24.06.2019) by European Union (Roads Act 1993) (Environmental Impact Assessment) (Amendment) Regulations 2019 (S.I. No. 279 of 2019), reg. 7, subject to interpretation provision in reg. 2(2). A class A fine means a fine not greater than \u20ac5,000 as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 4(1), S.I. No. 662 of 2010.<\/p>\n<p>Section 51D<br \/>\nF73[<\/p>\n<h4>Minister or Authority to ensure compliance with modifications and conditions<\/h4>\n<p>51D.\u2014 Without prejudice to section 68 of the Environmental Protection Agency Act 1992, where the Minister or the Authority receives a notification under section 51C in relation to an order the Minister or, as the case may be, the Authority shall take all reasonable steps to ensure that the developer complies with the modifications and conditions specified in the notification.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F73<br \/>\nInserted (24.06.2019) by European Union (Roads Act 1993) (Environmental Impact Assessment) (Amendment) Regulations 2019 (S.I. No. 279 of 2019), reg. 7, subject to interpretation provision in reg. 2(2).<\/p>\n<p>Section 51E<br \/>\nF74[<\/p>\n<h4>Power to request information regarding compliance with modification or condition<\/h4>\n<p>51E.\u2014 (1) The Minister or, as the case may be, the Authority notified of a modification or condition under section 51C may request the developer to furnish, within a specified period, specified information in relation to the developer\u2019s compliance with the modification or condition, and that developer shall comply with such a request.<\/p>\n<p>(2) A request under subsection (1) by the Minister to the Authority may include a request for information relating to \u2014<\/p>\n<p>(a) the number and location of places within an area at which monitoring is being carried out and the frequency of such monitoring,<\/p>\n<p>(b) the manner in which samples and measurements are taken and analyses are carried out,<\/p>\n<p>(c) the equipment being used for the purposes of taking such samples and measurements, or of carrying out such analyses, and<\/p>\n<p>(d) the results of any monitoring carried out.<\/p>\n<p>(3) A developer that fails to comply with a request under subsection (1) shall be guilty of an offence and shall be liable\u2014<\/p>\n<p>(a) on summary conviction, to a class A fine or to imprisonment for any term not exceeding 6 months or, at the discretion of the court, to both such fine and such imprisonment, or<\/p>\n<p>(b) on conviction on indictment, to a fine not exceeding \u20ac500,000 or to imprisonment for a term not exceeding 3 years or, at the discretion of the court, to both such fine and such imprisonment.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F74<br \/>\nInserted (24.06.2019) by European Union (Roads Act 1993) (Environmental Impact Assessment) (Amendment) Regulations 2019 (S.I. No. 279 of 2019), reg. 7, subject to interpretation provision in reg. 2(2). A class A fine means a fine not greater than \u20ac5,000 as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 4(1), S.I. No. 662 of 2010.<\/p>\n<p>Section 51F<br \/>\nF75[<\/p>\n<h4>Power to carry out assessment of developer\u2019s compliance with modification or condition<\/h4>\n<p>51F. \u2014 (1) The Minister or, as the case may be, the Authority notified of a modification or condition under section 51C may, having notified the developer of its intention to do so, carry out an assessment of the developer\u2019s compliance with the modification or condition.<\/p>\n<p>(2) During the course of an assessment under subsection (1) the developer shall comply with any request, made by the Minister or, as the case may be, the Authority for the purposes of that assessment, to\u2014<\/p>\n<p>(a) furnish information, records or reports or the results of any monitoring by the developer in relation to the developer\u2019s compliance with the modification or condition, or<\/p>\n<p>(b) afford to the Minister or the Authority access to any land, premises or structure occupied by the developer, for the purposes of assessing the developer\u2019s compliance with the modification or condition.<\/p>\n<p>(3) A developer that fails to comply with a request under subsection (2) shall be guilty of an offence and shall be liable\u2014<\/p>\n<p>(a) on summary conviction, to a class A fine or to imprisonment for any term not exceeding 6 months or, at the discretion of the court, to both such fine and such imprisonment, or<\/p>\n<p>(b) on conviction on indictment, to a fine not exceeding \u20ac500,000 or to imprisonment for a term not exceeding 3 years or, at the discretion of the court, to both such fine and such imprisonment.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F75<br \/>\nInserted (24.06.2019) by European Union (Roads Act 1993) (Environmental Impact Assessment) (Amendment) Regulations 2019 (S.I. No. 279 of 2019), reg. 7, subject to interpretation provision in reg. 2(2). A class A fine means a fine not greater than \u20ac5,000 as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 4(1), S.I. No. 662 of 2010.<\/p>\n<p>Section 51G<br \/>\nF76[<\/p>\n<h4>Power to direct action to ensure compliance with modification or condition<\/h4>\n<p>51G.\u2014 (1) The Minister, or as the case may be, the Authority having made a request under section 51E, or carried out an assessment under section 51F, and considered any information furnished to it or that has otherwise come into its possession as a result, may issue to the developer to whom the request was made, or whose compliance was assessed, the terms of a direction (in this section referred to as &#8220;the proposed direction&#8221;) that the Minister or, as the case may be, the Authority proposes to issue to the developer, requiring the developer to carry out, cause to be carried out, or arrange for, within a specified period, such action as the Minister or, as the case may be, the Authority considers necessary for the purposes of section 51D to ensure that that the developer complies with modifications and conditions specified in the order.<\/p>\n<p>(2) The proposed direction shall specify a period within which the developer may make observations to the Minister or, as the case may be, the Authority in relation to the proposal to make the direction (and the developer may make such observations within that period accordingly).<\/p>\n<p>(3) After the expiration of the period referred to in subsection (2) and having considered any observations made by the developer under that subsection, the Minister or, as the case may be, the Authority may confirm, with or without modification, or decide not to confirm the proposed direction and, in a case where the proposal is confirmed, the Minister or, as the case may be the Authority, shall accordingly issue to the developer the direction concerned and the developer shall comply with the direction within the period specified in the direction.<\/p>\n<p>(4) A developer that fails to comply with a direction under subsection (3) shall be guilty of an offence and shall be liable \u2014<\/p>\n<p>(a) on summary conviction, to a class A fine or to imprisonment for any term not exceeding 6 months or, at the discretion of the court, to both such fine and such imprisonment, or<\/p>\n<p>(b) on conviction on indictment, to a fine not exceeding \u20ac500,000 or to imprisonment for a term not exceeding 3 years or, at the discretion of the court, to both such fine and such imprisonment.<\/p>\n<p>(5) In imposing any penalty under subsection (4) the court shall, in particular, have regard to the risk or extent of damage to the environment and any remediation required arising from the act or omission constituting the offence.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F76<br \/>\nInserted (24.06.2019) by European Union (Roads Act 1993) (Environmental Impact Assessment) (Amendment) Regulations 2019 (S.I. No. 279 of 2019), reg. 7, subject to interpretation provision in reg. 2(2). A class A fine means a fine not greater than \u20ac5,000 as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 4(1), S.I. No. 662 of 2010.<\/p>\n<p>Section 52<\/p>\n<h4>Acquisition of land and implementation of scheme.<\/h4>\n<p>52.\u2014(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 F77[or any substratum of 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 F77[or substratum of 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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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:<\/p>\n<p>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.<\/p>\n<p>(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.<\/p>\n<p>(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 F78[section 44 of the Act of 2000, and for the purposes of section 195 of that Act] the road authority which made the scheme shall be deemed to be the planning authority.<\/p>\n<p>F77[(7) For the purposes of subsection (1), any reference in section 10(1) (inserted by section 86 of the Housing Act, 1966) of the Local Government (No. 2) Act, 1960, or in the Housing Act, 1966, to land shall include a reference to a substratum of land.<\/p>\n<p>(8) For the purposes of subsection (1), the reference in section 10(4)(a) (inserted by section 86 of the Housing Act, 1966) of the Local Government (No. 2) Act, 1960, to section 78 of the Housing Act, 1966, shall be construed, as respects a scheme approved under section 49, as a reference to subsections (1) and (5) of the said section 78.<\/p>\n<p>(9) A scheme approved under section 49 shall come into operation\u2014<\/p>\n<p>(a) in case an application for leave to apply for judicial review relating thereto has not been made, upon the expiration of\u2014<\/p>\n<p>(i) the period of two months from the date on which notice of the decision under section 49(3) was first published, or<\/p>\n<p>(ii) such period as extended by the High Court or Supreme Court under section 55A,<\/p>\n<p>(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<\/p>\n<p>(c) in case such an application has been made and is withdrawn, upon the date of the withdrawal.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F77<br \/>\nInserted (1.07.1998) by Roads (Amendment) Act 1998 (23\/1998), s. 5(a) and (b), commenced on enactment.<\/p>\n<p>F78<br \/>\nSubstituted (11.07.2007) by Roads Act 2007 (34\/2007), s. 11 and sch., commenced on enactment.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C44<br \/>\nApplication of section modified (11.07.2007) by Roads Act 2007 (34\/2007), s. 9(2), commenced on enactment.<\/p>\n<p>Schemes.<\/p>\n<p>9.\u2014&#8230;<\/p>\n<p>(2) Where An Bord Plean\u00e1la approves a scheme submitted by the Authority under section 49 references to road authority contained in section 52 of the Principal Act in respect of the scheme are to be read as references to the Authority.<\/p>\n<p>C45<br \/>\nApplication of section restricted (1.01.2001) by Planning and Development Act 2000 (30\/2000), s. 217(7)(b), (S.I. No. 449 of 2000).<\/p>\n<p>Certain time limits in respect of compulsory purchase of land, etc.<\/p>\n<p>217.\u2014&#8230;<\/p>\n<p>(7)&#8230;<\/p>\n<p>(b) Subsections (8) and (9) of section 52 of the Roads Act, 1993 (as inserted by section 5 of the Roads (Amendment) Act, 1998 ) &#8230; shall not apply in relation to decisions of the Board under this Part.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E91<br \/>\nForm for compulsory purchase under section prescribed by Housing Act 1966 (Acquisition of Land) Regulations 1966 (S.I. No. 278 of 1966), reg. 4(1), as inserted (10.11.1998) by Housing Act 1966 (Acquisition of Land) (Amendment) Regulations 1998 (S.I. No. 434 of 1998), reg. 2.<\/p>\n<p>Section 53<\/p>\n<h4>Control of works by a State authority, statutory undertaker or local authority.<\/h4>\n<p>53.\u2014(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).<\/p>\n<p>(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.<\/p>\n<p>(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).<\/p>\n<p>(ii) In subparagraph (i) \u201cmaintenance works\u201d includes the inspection, repair, renewal or removal of the works referred to in paragraph (a), but does not include the relocation of those works.<\/p>\n<p>(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.<\/p>\n<p>(2) The Minister may make regulations providing that before submitting an application for consent under subsection (1) in respect of prescribed works\u2014<\/p>\n<p>(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\u2014<\/p>\n<p>(i) stating that it is proposed to apply for consent in respect of specified works,<\/p>\n<p>(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,<\/p>\n<p>(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);<\/p>\n<p>(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;<\/p>\n<p>(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.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E92<br \/>\nPower pursuant to section exercised (1.07.1994) by Roads Regulations 1994 (S.I. No. 119 of 1994).<\/p>\n<p>Section 54<br \/>\nF79[<\/p>\n<h4>Service areas (motorway schemes).<\/h4>\n<p>54.\u2014 (1) A motorway scheme may include provision for a service area.<\/p>\n<p>(2) Where a motorway scheme approved under section 49 includes provision for a service area or a service area provided under a motorway scheme is located on a motorway\u2014<\/p>\n<p>(a) the Authority \u2014 in the case of a national road, or<\/p>\n<p>(b) the road authority in whose functional area the service area is to be provided or is located\u2014<\/p>\n<p>(i) in the case of a national road, with the consent of the Authority, or<\/p>\n<p>(ii) in the case of a regional or local road,<\/p>\n<p>may\u2014<\/p>\n<p>(I) provide or operate in the service area facilities or services for persons and vehicles using the motorway to which the scheme relates,<\/p>\n<p>(II) make an agreement with any person whereby that person, either by himself or herself or jointly with the Authority or the road authority, as the case may be, provides or operates in the service area such facilities or services.<\/p>\n<p>(3) Subject to section 54A, a service area on a motorway shall not be provided or operated save in accordance with this section.<\/p>\n<p>(4) The Minister may make regulations providing for the application of moneys accruing to a road authority or the Authority in respect of the exercise of its functions under this section or section 54A.<\/p>\n<p>(5) (a) Only classes of vehicles prescribed under section 43(3) shall have access from a service area to a motorway.<\/p>\n<p>(b) The driver of a vehicle which is not a vehicle of a class prescribed under section 43(3) who accesses with the vehicle from a service area to a motorway is guilty of an offence.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F79<br \/>\nSubstituted (11.07.2007) by Roads Act 2007 (34\/2007), s. 10(1), commenced on enactment.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E93<br \/>\nPower pursuant to section exercised (1.07.1994) by Roads Regulations 1994 (S.I. No. 119 of 1994).<\/p>\n<p>Section 54A<br \/>\nF80[<\/p>\n<h4>Service areas (public roads).<\/h4>\n<p>54A.\u2014 (1) In a service area\u2014<\/p>\n<p>(a) the Authority \u2014 in the case of a national road, or<\/p>\n<p>(b) the road authority in whose functional area the service area is to be provided for or is located\u2014<\/p>\n<p>(i) in the case of a national road, with the consent of the Authority, or<\/p>\n<p>(ii) in the case of a regional road or local road,<\/p>\n<p>may\u2014<\/p>\n<p>(I) provide or operate facilities or services for persons and vehicles using the road to which the service area scheme relates, or<\/p>\n<p>(II) make an agreement with another person whereby that person, either by himself or herself or jointly with the Authority or the road authority, as the case may be, provides or operates such facilities or services.<\/p>\n<p>(2) Subject to section 54, a service area on a road referred to in subsection (1) shall not be provided or operated other than in accordance with that subsection.<\/p>\n<p>(3) In this section &#8220;service area&#8221; means a service area proposed or provided under a service area scheme in respect of a national, regional or local road.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F80<br \/>\nInserted (11.07.2007) by Roads Act 2007 (34\/2007), s. 10(2), commenced on enactment.<\/p>\n<p>Section 54B<br \/>\nF81[<\/p>\n<h4>Offence (service areas).<\/h4>\n<p>54B.\u2014 A person who, without lawful authority or the consent of the Authority or the road authority concerned, as the case may be\u2014<\/p>\n<p>(a) defaces (by writing or other means), damages or excavates a service area provided under a motorway scheme or service area scheme,<\/p>\n<p>(b) places or deposits any material or thing on a service area which is a hazard or potential hazard to persons using the service area, or<\/p>\n<p>(c) obstructs or interferes with access from the public road to the service area,<\/p>\n<p>is guilty of an offence.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F81<br \/>\nInserted (11.07.2007) by Roads Act 2007 (34\/2007), s. 10(2), commenced on enactment.<\/p>\n<p>Section 55<\/p>\n<h4>Special and emergency access to a motorway, busway or protected road.<\/h4>\n<p>55.\u2014(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\u2014<\/p>\n<p>(a) by a State authority, statutory undertaker or a local authority to carry out works to which section 53 applies,<\/p>\n<p>(b) by ambulances or fire brigade vehicles,<\/p>\n<p>(c) by vehicles used by members of the Garda S\u00edoch\u00e1na, the Defence Forces or persons employed by local authorities in the performance of their duties as such members or employees,<\/p>\n<p>(d) by any other person or vehicle where by reason of an emergency there is a serious risk to persons or property.<\/p>\n<p>(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.<\/p>\n<p>(3) F82[\u2026]<\/p>\n<p>(4) F82[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F82<br \/>\nDeleted (11.07.2007) by Roads Act 2007 (34\/2007), s. 11 and sch., commenced on enactment.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E94<br \/>\nPower pursuant to section exercised (1.07.1994) by Roads Regulations 1994 (S.I. No. 119 of 1994).<\/p>\n<p>Section 55A<br \/>\nF83[Judicial Review.<\/p>\n<p>55A.\u2014F84[\u2026]]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F83<br \/>\nInserted (1.07.1998) by Roads (Amendment) Act 1998 (23\/1998), s. 6, commenced on enactment.<\/p>\n<p>F84<br \/>\nRepealed (1.01.2001) by Planning and Development Act 2000 (30\/2000), s. 264 and sch. 6, S.I. No. 449 of 2000, subject to transitional provisions in ss. 164 and 268(e).<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-19488\" data-postid=\"19488\" class=\"themify_builder_content themify_builder_content-19488 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Overview A motorway means a public road specified to be a motorway in a motorway scheme approved under the legislation or a national road or proposed road development for the construction of a national road declared to be a motorway. 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