Roads Act , 1993

(b)conditions in relation to the use of motorways generally, particular motorways or particular parts of particular motorways by vehicles or specified classes of vehicles (including conditions specifying the periods of use of motorways by specified classes of vehicles) and different conditions may be prescribed in relation to different motorways or different classes of vehicles.

(4)(a)Pedestrians and pedal cyclists shall not use a motorway.

(b)Persons in charge of, or having control over, animals shall not permit them to be on a motorway.

F45[(c) A person shall not drive a powered personal transporter on a motorway.]

(5)(a)A person who uses a motorway in contravention of regulations under subsection (3) shall be guilty of an offence.

(b)A person who contravenes subsection (4) shall be guilty of an offence.

(6)A reference in any enactment or instrument to a motorway shall be deemed to be a reference to a motorway as defined in this Act.

44. Busways.

44.—(1)A busway means a public road or proposed public road specified to be a busway in a busway scheme approved by the Minister under section 49.

(2)Save as is provided in subsection (4) (a), a person shall not have or be entitled to direct access from any land adjoining a busway to the busway, or from the busway to such land nor shall a right to such direct access be granted at any time.

(3)The Minister may F46[…] prescribe—

(a)the classes of vehicles which shall be permitted to use a busway and different classes of vehicles may be prescribed in relation to busways generally, particular busways or particular parts of particular busways, and

(b)conditions in relation to the use of busways generally, particular busways or particular parts of particular busways by vehicles or specified classes of vehicles (including conditions specifying the periods of use of busways by specified classes of vehicles) and different conditions may be prescribed in relation to different busways or different classes of vehicles.

(4)(a)Pedestrians (other than for the purposes of access to or from vehicles prescribed under subsection (3)) and pedal cyclists shall not use a busway.

(b)Persons in charge of, or having control over, animals shall not permit them to be on a busway.

F47[(c) A person shall not drive a powered personal transporter on a busway.]

(5)(a)A person who uses a busway in contravention of regulations under subsection (3) shall be guilty of an offence.

(b)A person who contravenes subsection (4) shall be guilty of an offence.

45. Protected roads.

45.—(1)A protected road means a public road or proposed public road specified to be a protected road in a protected road scheme approved by the Minister under section 49.

(2)A protected road scheme approved by the Minister may provide for the prohibition, closure, stopping up, removal, alteration, diversion or restriction of any specified or all means of direct access to the protected road from specified land or from specified land used for a specified purpose or to such land from the protected road.

(3)(a)A protected road scheme approved by the Minister may prohibit or restrict the use of the protected road or a particular part thereof by—

(i)specified types of traffic,

(ii)specified classes of vehicles,

but shall not prohibit or restrict such use—

(I)by ambulances or fire brigade vehicles,

(II)by vehicles used by members of the Garda Síochána or the Defence Forces in the performance of their duties as such members,

(III)for the purpose of maintaining such protected road.

(b)A person who contravenes a prohibition or restriction under paragraph (a) shall be guilty of an offence.

46. Prohibition and restriction of access to motorways, busways and protected roads.

46.—(1)Notwithstanding anything contained in any other enactment, neither a planning authority nor An Bord Pleanála 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 F48[section 34(8) of the Act of 2000]—

(a)for any development of land which would permit or involve direct access to or from a motorway or a busway or which would contravene the provisions of a protected road scheme approved by the Minister under section 49 relating to direct access to or from a protected road,

(b)for any development of land proposed to be compulsorily acquired under a scheme made by a road authority under section 47,

(c)for any development of land where such development would affect materially the exercise by the road authority of the rights proposed to be compulsorily acquired in relation to land under a scheme made by a road authority under section 47,

(d)for any development of land which would contravene the provisions of a scheme made by a road authority under section 47.

(2)(a)Where the Minister, by order under section 49, refuses to approve a scheme, subsection (1) shall cease to apply in relation to such scheme with effect from the date of the making of such order.

(b)Where the Minister, by order under section 49, approves a scheme with modifications, subsection (1) shall, with effect from the date of the making of such order, apply only to such scheme as approved with modifications.

(3)Compensation under F48[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—

(a)the prohibition of direct access to or from a motorway or a busway,

(b)the prohibition, closure, stopping up, removal, alteration, diversion or restriction of direct access to or from a protected road which is provided for in a protected road scheme approved by the Minister under section 49.

(4)Save as is provided for in section 54, no person shall undertake any development of land which would permit or involve direct access to or from a motorway or a busway or which would contravene the provisions of an approved protected road scheme relating to direct access to or from a protected road.

(5)(a)Where a means of direct access from any land to a motorway or a busway or to any land from a motorway or a busway has been constructed, or otherwise provided, by any person in contravention of section 43 (2) or 44 (2) or subsection (4) of this section, the road authority may, without giving notice to the owner of the land or to any other person, take all steps necessary to close, stop up or remove the means of access and may recover from the owner of the land as a simple contract debt in any court of competent jurisdiction any expenses reasonably incurred by the road authority in closing, stopping up or removing that means of access.

(b)Where a means of direct access from any land to a protected road or to any land from a protected road contravenes a protected road scheme approved by the Minister under section 49, the road authority may (as appropriate in accordance with the provisions of such scheme) take all steps necessary to close, stop up, remove, alter, divert or restrict the means of access and may, where the means of access was provided subsequent to the approval by the Minister of the protected road scheme, recover from the owner of the land as a simple contract debt in any court of competent jurisdiction any expenses reasonably incurred by the road authority in closing, stopping up, removing, altering, diverting or restricting that means of access.

(6)(a)Any person who constructs or provides or attempts to construct or provide a means of direct access to or from a motorway or a busway in contravention of section 43 (2) or section 44 (2) shall be guilty of an offence.

(b)Any person who contravenes subsection (4) shall be guiltyof an offence.

(c)Any person who constructs, provides or retains or attempts to construct, provide or retain a means of direct access which contravenes a protected road scheme approved by the Minister under section 49 shall be guilty of an offence.

(7)Any person (other than a road authority) who interferes with (otherwise than with the prior written consent of the road authority) or damages any fence or other boundary forming part of a motorway, a busway or a protected road shall be guilty of an offence.

47. Scheme for a motorway, busway or protected road.

F51[47.—(1) A road authority or the Authority may make—

(a) a motorway scheme,

(b) a service area scheme,

(c) a busway scheme,

(d) a protected road scheme, or

(e) a protected road scheme amending a protected road scheme approved under section 49,

referred to in this Part as a“scheme”.]

(2) (a) A scheme under this section shall be in the prescribed form and shall (where appropriate) specify—

(i) the proposed motorway, busway F52[, protected road or service area] to which the scheme relates,

(ii) any land F53[or any substratum of land] which is proposed to be compulsorily acquired for the purposes of the proposed motorway, busway F52[, protected road or service area],

(iii) any rights proposed to be compulsorily acquired in relation to land for the purposes of the proposed motorway, busway F52[, protected road or service area],

(iv) any public and private rights of way proposed to be extinguished over the land referred to in subparagraphs (ii) and (iii),

(v) any land in respect of which it is proposed to prohibit, close, stop up, remove, alter, divert or restrict a means of direct access to or from the proposed motorway, busway F52[, protected road or service area],

(vi) any land used for a specified purpose in respect of which it is proposed to prohibit, close, stop up, remove, alter, divert or restrict a means of direct access to or from the proposed protected road,

(vii) any planning permissions for the development of land proposed to be revoked or modified and the extent of any such modification,

(viii) such other matters as may be prescribed from time to time by the Minister.

(b) The matters referred to in paragraph (a) shall (where appropriate) be described by reference to a map or maps.

(c) The land F53[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 F53[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 F53[, substrata of land] or rights in relation to land required for access roads, ramps, toll facilities, service areas F54[(provided under a motorway or protected road scheme)] and maintenance depots.

(3) Where it is proposed to prohibit or restrict the use of a protected road or a particular part thereof by—

(a) specified types of traffic, or

(b) specified classes of vehicles, the protected road scheme shall specify the proposed prohibitions or restrictions.

(4) (a) Where in accordance with subsection (2) a scheme made by a road authority F54[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.

(b) Where in accordance with subsection (2) a scheme made by a road authority F54[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.

(c) A planning authority shall enter in F55[the register kept by it under section 7 of the Act of 2000] particulars of—

(i) the planning permissions proposed to be revoked or modified under a scheme made under this section and the extent of such modification,

(ii) the decision of the Minister under section 49 (3) insofar as it affects the planning permissions referred to in subparagraph (i).

(d) For the purposes of this section “planning permission” means a planning permission (which has not ceased to have effect in accordance with the provisions of the Act of 1982).

48. F57[Procedures to be followed by road authority when submitting scheme to Bord Pleanála.

48.—Before submitting a scheme to An Bord Pleanála undersection 49a road authority or the Authority, as the case may be, shall—

(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—

(i) stating that a scheme has been made,

(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

(iii) stating that objections may be made in writing to An Bord Pleanála in relation to the scheme during that period,

F58[(iv) stating that a person may question the validity of a decision of An Bord Pleanála 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

(v) identifying where practical information on the review mechanism can be found.]

and

(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—

(i) the nature and extent of the scheme,

(ii) that the scheme will be submitted to An Bord Pleanála for approval, and

(iii) the period (which is that referred to inparagraph (a)(ii)) within which objections may be made in writing to An Bord Pleanála in relation to the scheme.]

49. Approval of scheme by Minister.

49.—F59[(1) A road authority or the Authority shall submit any scheme made by it undersection 47to An Bord Pleanála for its approval.]

(2) Before approving a scheme submitted to him the Minister shall—

(a) cause a public local inquiry into all matters relating to the scheme to be held,

(b) consider any objections to the scheme which have been made to him and not withdrawn,

(c) consider the report and any recommendation of the person conducting such inquiry.

(3) The Minister may, by order, approve a scheme with or without modifications or he may refuse to approve such a scheme and shall publish in one or more newspapers circulating in the area where the proposed motorway, busway F60[, protected road or service area] is to be located notice of his decision, including, where appropriate, particulars of any modifications to the scheme.

(4) The Minister may, in any case where he considers it reasonable to do so, direct the road authority to provide for any person who, by reason of the implementation of a motorway, busway F60[, protected road or service area] scheme—

(a) is permanently deprived of reasonable access to or from his property or to or from one part of his property to another — a suitable alternative means of access,

(b) is, during construction, temporarily deprived of reasonable access to or from his property or to or from one part of his property to another —a temporary means of access during the course of such construction, and the road authority shall comply with any such direction.

(5) Where a scheme made by a road authority under section 47 specifies a planning permission which it is proposed to revoke or modify and where the Minister—

(a) refuses to approve the scheme, or

(b) approves the scheme with modifications and the effect of such modifications is that the specified planning permission will not be revoked or modified or will be modified in a form other than that specified in the scheme as made by the road authority, the duration of such planning permission shall, notwithstanding F61[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.

F62[(6) Where the Authority has submitted a scheme for approval undersubsection (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.]

50. F64[Environmental impact assessment report]

F65[50.—(1) (a) A road development that is proposed that comprises any of the following shall be subject to an environmental impact assessment:

(i) the construction of a motorway;

(ii) the construction of a busway;

(iii) the construction of a service area;

(iv) any prescribed type of road development consisting of the construction of a proposed public road or the improvement of an existing public road.

(b) If An Bord Pleanála considers that any road development proposed (other than development to whichparagraph (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.

(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 whichparagraph (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 Pleanála in writing prior to making any application to the Bord for an approval referred to insection 51(1)in respect of the development.

(d) In particular, where a proposed development (other than development to whichparagraph (a)applies) consisting of the construction of a proposed public road or the improvement of an existing public road would be located on—

(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),

(ii) land established or recognised as a nature reserve within the meaning of section 15 or 16 of theWildlife Act 1976(No. 39 of 1976),

(iii) land designated as a refuge for fauna or flora undersection 17of theWildlife Act 1976(No. 39 of 1976), or

(iv) land designated a natural heritage area undersection 18of theWildlife (Amendment) Act 2000,

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.

(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 Pleanála, 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.

(f) Where a road authority or the Authority, as the case may be, makes a decision underparagraph (d)it shall—

(i) make the decision available for inspection by members of the public, and

(ii) make an electronic version of the decision available on its website.

(1A) (a) Unless An Bord Pleanála 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 whichsubsection (1)(a)applies)—

(i) would not be likely to have significant effects on the environment, or

(ii) would be likely to have significant effects on the environment,

An Bord Pleanála 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.

(b) Where a road authority or the Authority is subject to a requirement by An Bord Pleanála underparagraph (a)it shall—

(i) provide the information specified in Annex IIA, and

(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).

(c) Where a road authority or the Authority is subject to a requirement by An Bord Pleanála underparagraph (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.

(d) Where An Bord Pleanála receives information from a road authority or the Authority underparagraph (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).

(e) A determination underparagraph (d)shall—

(i) where An Bord Pleanála 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

(ii) where An Bord Pleanála determines that the development should not be subject to an environmental impact assessment, specify—

(I) the main reasons for that determination by reference to the relevant criteria listed in Annex III, and

(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.

(f) Subject toparagraph (g), An Bord Pleanála shall make its determination underparagraph (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 Pleanála underparagraph (a).

(g) An Bord Pleanála 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 inparagraph (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.

(h) An Bord Pleanála shall make an electronic version of any determination underparagraph (d)available to the public on its website.

(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.

(2) The road authority or the Authority, as the case may be, shall ensure that an environmental impact assessment report referred to insubsection (1B)—

(a) is prepared by competent experts,

(b) subject tosubsection (3), contains the following information:

(i) a description of the proposed road development comprising information on the site, design, size and other relevant features of the development;

(ii) a description of the likely significant effects of the proposed road development on the environment;

(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;

(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;

(v) a non-technical summary of the information referred to insubparagraphs (i)to(iv);

(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,

and

(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.

(3) Where An Bord Pleanála issues an opinion undersubsection (4)the road authority or the Authority, as the case may be, shall—

(a) prepare the environmental impact assessment report referred to insubsection (1B)based on that opinion, and

(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.

(4) (a) An Bord Pleanála 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—

(i) consult with the road authority or the Authority, as the case may be,

(ii) consult the authorities referred to insection 51(3)(b), and

(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 withsubsection (2).

(b) The issuing of an opinion under this subsection shall not prejudice the exercise by An Bord Pleanála of its powers pursuant tosection 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.

(5) In this section, "construction of a proposed public road or the improvement of an existing public road" includes any change or extension to a proposed road development already authorised, executed or in the process of being executed.]

51. Environmental impact assessment.

51.—F66[(1) A proposed road development shall not be carried out unless An Bord Pleanála has approved it or approved it with modifications.

(2) The road authority concerned or the Authority, as the case may be, shall apply to An Bord Pleanála for the approval referred to insubsection (1)in relation to a proposed road development it proposes and shall submit to An Bord Pleanála theF67[environmental impact assessment report]prepared in respect of the development.]

F68[(2A) An Bord Pleanála shall ensure that it has, or has access as necessary to, sufficient expertise to examine the environmental impact assessment report.]

(3)Where a road authority F68[or the Authority] has made an application for approval under subsection (2), it shall as soon as may be—

(a)publish in one or more newspapers circulating in the area in which the proposed road development would take place a notice in the prescribed form—

(i)stating that it has made an application to the Minister for the approval of the proposed road development,

(ii)stating that an F67[environmental impact assessment report] in respect of the proposed road development has been prepared,

(iii)indicating the times at which, the period F69[(not being less than 6 weeks)] during which and the place where a copy of the F67[environmental impact assessment report] may be inspected,

(iv)stating that a copy of the F67[environmental impact assessment report] may be purchased on payment of a specified fee not exceeding the reasonable cost of making such copy, F70[…]

(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 F69[during the period referred to inparagraph (a)(iii)];

F71[(vi) where relevant, stating that the proposed road development is likely to have significant effects on the environment in Northern Ireland, and

(vii) specifying the types of decisionF72[An Bord Pleanála]may make, undersection 51(6), in relation to the application;]

F68[(aa) send to An Bord Pleanála an electronic version of—

(i) the notice referred to inparagraph (a),

(ii) the environmental impact assessment report in respect of the proposed development, and

(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,]

(b)send a copy of the F67[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 F69[within a specified period (which shall be that referred to inparagraph (a)(iii))] in relation to the likely effects on the environment of the proposed road development to each of the following—

(i)the Commissioners of Public Works in Ireland,

(ii)Bord Fáilte Éireann,

(iii)An Taisce — the National Trust for Ireland,

F73[(iv) the Environmental Protection Agency,

(v) any other prescribed body or person;]

(c)send a copy of the F67[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.

F74[(d) where theF67[environmental impact assessment report]and a notice has been sent to the prescribed authority in Northern Ireland pursuant toparagraph (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.]

F68[(3A) An Bord Pleanála shall make an electronic version of the documents specified insubsection (3) (aa)available to the public on its website (at the location referred to insubsection (3B) (g)).

(3B) An Bord Pleanála shall send to the Minister for Housing, Planning and Local Government each of the following:

(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;

(b) a description of the location of the proposed development;

(c) a description of the proposed development;

(d) notice that An Bord Pleanála is the competent authority to which the application has been made;

(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;

(f) a searchable electronic version of the notice referred to insubsection (3)(a);

(g) notification of the location where information in electronic form that relates to the application, including any determination undersection 50(1A) (d), is available on An Bord Pleanála’s website.]

F73[(4) Where a road authority or the Authority has applied to An Bord Pleanála for an approval in accordance withsubsection (2), An Bord Pleanála 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.]

F75[(4A) The Minister shall, where he considers that additional information furnished in accordance with a requirement undersubsection (4)contains significant additional data in relation to the effects on the environment of the proposed road development, require the relevant road authority to—

(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

(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 insubsections (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.]

F68[(4B) Where An Bord Pleanála requires the relevant road authority, or as the case may be the Authority, to publish a notice in accordance withsubsection (4A)(a)the relevant road authority, or as the case may be the Authority, shall provide An Bord Pleanála with an electronic version of that notice and An Bord Pleanála shall make the electronic version of the notice and an electronic version of the additional information referred to insubsection (4A)available at the location referred to insubsection (3B)(g).

(4C) Where An Bord Pleanála 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 insubsection (3B) (g).]

F73[(5) Before approving a proposed road development An Bord Pleanála shall—

(a) duly take into account—

(i) the environmental impact assessment report submitted undersubsection (2),

(ii) any additional information furnished undersubsection (4),

(iii) any submissions made in relation to the likely effects on the environment of the proposed road development, and

(iv) where a copy of the environmental impact assessment report was sent in accordance withsubsection (3)(c), the results of consultations and the information gathered undersubsection (3)(d),

(b) consider the report and any recommendation of the person conducting an inquiry referred to insubsection (7)where evidence is heard at such inquiry in relation to the likely effects on the environment of the proposed road development,

and

(c) taking into account the results of the examination referred to inparagraphs (a)and(b), reach a reasoned conclusion on the significant effects of the proposed road development on the environment.]

F68[(5A) An Bord Pleanála shall make a decision undersubsection (6)in relation to a proposed road development within a reasonable period of time following receipt of an environmental impact assessment report undersubsection (2)or, where relevant, of receipt of additional information undersubsection (4).]

F73[(6) An Bord Pleanála, having reached a reasoned conclusion undersubsection (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.]

F73[(6A) An order undersubsection (6)approving a proposed road development shall include—

(a) the reasoned conclusion referred to insubsection (5),

(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

(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.]

F68[(6B) An order undersubsection (6)refusing to approve a proposed road development shall include the main reasons for the refusal.

(6C) Where An Bord Pleanála makes an order referred to insubsection (6)it shall—

(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 insubsection (3B) (g), a notice stating—

(i) that An Bord Pleanála has approved or, as the case may be, refused to approve the proposed road development,

(ii) the main reasons and considerations on which the decision to approve or refuse to approve is based, including—

(I) information about the public participation process,

(II) a summary of the results of the consultations and the information gathered pursuant tosection 50and this section (in particular, where a copy of the environmental impact assessment report was sent in accordance withsubsection (3)(c), the results of consultations and the information gathered undersubsection (3)(d)), and,

(III) a description of how the results referred to inclause (II)have been incorporated or otherwise addressed,

(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,

(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 insubsection (3B)(g), and

(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 Pleanála on a proposed road development can be found at the location referred to insubsection (3B)(g),

(b) forward to each of the bodies referred to insubsection (3)(b)a copy of the order undersubsection (6),

and

(c) where a copy of the environmental impact assessment report was sent in accordance withsubsection (3)(c), forward to the prescribed authority in Northern Ireland a copy of the order undersubsection (6).]

(7)(a)The person conducting—

(i)a public local inquiry under section 49, or

(ii)a local inquiry in relation to a bridge order under section 47 of the Act of 1946, or

(iii)a public local inquiry in relation to the compulsory acquisition of land,

which relates wholly or partly to a proposed road development in respect of which a road authority has applied for an approval under this section shall be entitled to hear evidence in relation to the likely effects on the environment of such development.

(b)Where an application for approval under this section relates to a proposed road development, and

(i)a scheme submitted to the Minister for approval under section 49, or

(ii)an application submitted to the Minister for a bridge order under the Act of 1946, or

(iii)a compulsory purchase order submitted to the Minister for confirmation,

relate wholly or partly to the same proposed road development, the Minister shall make a decision on such approval and on the approval of such scheme or the making of such bridge order or the confirmation of such compulsory purchase order at the same time.

(8)(a)The European Communities (Environmental Impact Assessment) (Motorways) Regulations, 1988 (S.I. No. 221 of 1988) are hereby revoked.

(b)The European Communities (Environmental Impact Assessment) Regulations, 1989 (S.I. No. 349 of 1989) and the Local Government (Planning and Development) Regulations, 1990 (S.I. No. 25 of 1990) shall not apply to proposed road development.

F76[(9)F77[…]]

F68[(10) In carrying out an environmental impact assessment on a proposed road development under this section, An Bord Pleanála shall, where appropriate, coordinate the assessment with any assessment of the proposed development under Council Directive 92/43/EEC of 21 May 1992^3or Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009^4.]

51A. F78[Consultations with An Bord Pleanála before making of application under section 51

51A.—(1) Where a road authority or the Authority, as the case may be, proposes to make an application for approval to An Bord Pleanála pursuant tosection 51(2)in relation to a proposed road development, it may, before making the application, make a request to An Bord Pleanála to enter into consultations in relation to the proposed road development.

(2) An Bord Pleanála shall—

(a) accede to a request undersubsection (1)as soon as possible, and

(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.

(3) In any consultations, An Bord Pleanála may give advice to the road authority concerned or the Authority regarding the proposed application for approval undersection 51(2)and, in particular, regarding—

(a) the procedures involved in making such an application and in considering such an application, and

(b) what considerations, relating to—

(i) the effects of the proposed road development on the environment, or an area, site or land, referred to insection 50(1)(d), or

(ii) proper planning and sustainable development,

that may, in the opinion of An Bord Pleanála, have a bearing on its decision in relation to the application.

(4) A road authority or the Authority, as the case may be, shall, for the purposes of consultations, supply to An Bord Pleanála sufficient information in relation to the proposed road development so as to enable An Bord Pleanála to assess that development.

(5) An Bord Pleanála may consult with any person who may, in the opinion of An Bord Pleanála, have information which is relevant for the purposes of consultations in relation to the proposed road development.

(6) The holding of the consultations shall not prejudice the performance by An Bord Pleanála 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 undersection 51(2)or in legal proceedings.

(7) An Bord Pleanála 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 undersection 51(2)in respect of the proposed road development relates.

(8) An Bord Pleanála shall provide a copy of any record kept in accordance withsubsection (7)to the road authority concerned or the Authority.

(9) Following the completion of any consultations between An Bord Pleanála and the road authority concerned or the Authority, as the case may be, the road authority or the Authority may apply to An Bord Pleanála for the approval referred to insection 51(2)in relation to a proposed road development.

(10) In this section, "consultations" means the consultations referred to insubsection (1).]

51AA. F79[Power of An Bord Pleanála to approve scheme or proposed road development that contravenes materially any plan

51AA.—An Bord Pleanála shall approve a scheme, or a proposed road development, that contravenes materially anyF80[development plan, urban area plan, priority area plan or coordinated area plan (within the meaning, in each case, of the Act of 2024), or any local area plan in force pursuant to section 81 of the Act of 2024,]only if it considers that one of the following is the case:

(a) the scheme or proposed road development is of strategic, regional or national importance;

(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;

(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,F81[guidelines under section 28 of the Act of 2000 that continue in force under section 27 of the Act of 2024, a national planning statement under the Act of 2024], 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;

(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.]

51AB. F82[Alteration of proposed road development

51AB.—...]

51B. F83[Interpretation - sections 51C to 51G

51B.—Insections 51Cto51G—

"developer", in relation to a road development, means—

(a) the road authority that proposed the road development, or

(b) where the Authority proposed the development, the Authority;

"order" means an order, undersection 51(6), approving a road development either with modifications or subject to conditions relating to—

(a) features of the road development or measures envisaged to avoid, prevent, reduce or offset significant adverse effects on the environment, or

(b) the monitoring of significant adverse effects on the environment (including conditions regarding monitoring measures, parameters to be monitored and the duration of monitoring).]

51C. F84[Duty to notify, and to comply with modifications and conditions of approval

51C.—(1) Where An Bord Pleanála makes an order in respect of a national road proposed by a road authority, the road authority shall—

(a) comply with, and

(b) notify the Authority of,

the modifications and conditions specified in the order.

(2) Where An Bord Pleanála makes an order in respect of a regional road or a local road proposed by a road authority, the road authority shall—

(a) comply with, and

(b) notify the Minister of,

the modifications and conditions specified in the order.

(3) Where An Bord Pleanála makes an order in respect of a national road proposed by the Authority, the Authority shall—

(a) comply with, and

(b) notify the Minister of,

the modifications and conditions specified in the order.

(4) A person that fails to comply with this section shall be guilty of an offence and shall be liable—

(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

(b) on conviction on indictment, to a fine not exceeding€500,000 or to imprisonment for a term not exceeding 3 years or, at the discretion of the court, to both such fine and such imprisonment.]

51D. F85[Minister or Authority to ensure compliance with modifications and conditions

51D.—Without prejudice tosection 68of theEnvironmental Protection Agency Act 1992, where the Minister or the Authority receives a notification undersection 51Cin 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.]

51E. F86[Power to request information regarding compliance with modification or condition

51E.—(1) The Minister or, as the case may be, the Authority notified of a modification or condition undersection 51Cmay request the developer to furnish, within a specified period, specified information in relation to the developer’s compliance with the modification or condition, and that developer shall comply with such a request.

(2) A request undersubsection (1)by the Minister to the Authority may include a request for information relating to—

(a) the number and location of places within an area at which monitoring is being carried out and the frequency of such monitoring,

(b) the manner in which samples and measurements are taken and analyses are carried out,

(c) the equipment being used for the purposes of taking such samples and measurements, or of carrying out such analyses, and

(d) the results of any monitoring carried out.

(3) A developer that fails to comply with a request undersubsection (1)shall be guilty of an offence and shall be liable—

(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

(b) on conviction on indictment, to a fine not exceeding€500,000 or to imprisonment for a term not exceeding 3 years or, at the discretion of the court, to both such fine and such imprisonment.]

51F. F87[Power to carry out assessment of developer’s compliance with modification or condition

51F.—(1) The Minister or, as the case may be, the Authority notified of a modification or condition undersection 51Cmay, having notified the developer of its intention to do so, carry out an assessment of the developer’s compliance with the modification or condition.

(2) During the course of an assessment undersubsection (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—

(a) furnish information, records or reports or the results of any monitoring by the developer in relation to the developer’s compliance with the modification or condition, or

(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’s compliance with the modification or condition.

(3) A developer that fails to comply with a request undersubsection (2)shall be guilty of an offence and shall be liable—

(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

(b) on conviction on indictment, to a fine not exceeding€500,000 or to imprisonment for a term not exceeding 3 years or, at the discretion of the court, to both such fine and such imprisonment.]

51G. F88[Power to direct action to ensure compliance with modification or condition

51G.—(1) The Minister, or as the case may be, the Authority having made a request undersection 51E, or carried out an assessment undersection 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 "the proposed direction") 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 ofsection 51Dto ensure that that the developer complies with modifications and conditions specified in the order.

(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).

(3) After the expiration of the period referred to insubsection (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.

(4) A developer that fails to comply with a direction undersubsection (3)shall be guilty of an offence and shall be liable—

(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

(b) on conviction on indictment, to a fine not exceeding€500,000 or to imprisonment for a term not exceeding 3 years or, at the discretion of the court, to both such fine and such imprisonment.

(5) In imposing any penalty undersubsection (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.]

52. Acquisition of land and implementation of scheme.

52.—(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 F89[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 F89[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.

(2)Whenever the Minister approves a scheme (with or without modifications) the road authority shall thereupon be authorised to close, stop up, remove, alter, divert or restrict an existing means of direct access (including access from a public road) to a motorway or a busway or a protected road from any land as specified in the approved scheme or from any land to a motorway or a busway or a protected road.

(3)In any case where the closing, stopping up, removing, altering, diverting or restricting of an existing means of direct access under subsection (2) results in the owner of any land being deprived of the only means of access from that land to any public road or to that land from a public road, the road authority shall not close, stop up, remove, alter, divert or restrict such means of access until an alternative means of access to or from a public road has been provided.

(4)Whenever, by reason of the approval of a scheme (with or without modifications) by the Minister, direct access from any land to a public road or to any land from a public road is prohibited, closed, stopped up, removed, altered, diverted or restricted, any person who has suffered damage in consequence thereof by the depreciation of any interest in the land to which he is entitled or by being disturbed in his enjoyment of that land, shall be entitled to recover from the road authority compensation in respect of that damage:

Provided that in assessing compensation regard shall be had to any new means of access provided by the road authority and where appropriate to any existing means of access (whether restricted or otherwise) which remains.

(5)A claim for compensation under subsection (4) shall be made not later than six months after the date on which the scheme to which it relates was approved by the Minister and shall, in default of agreement, be determined by arbitration under the Acquisition of Land (Assessment of Compensation) Act, 1919, in the like manner in all respects as if such claim arose in relation to the compulsory acquisition of land, but subject to the proviso that the arbitrator shall have jurisdiction to make a nil award.

(6)A claim for compensation may be made in relation to a planning permission which is revoked or modified under a scheme approved by the Minister under section 49 as if the revocation or modification had been made by notice under F90[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.

F89[(7)For the purposes ofsubsection (1), any reference in section 10(1) (inserted bysection 86of theHousing Act, 1966) of theLocal Government (No. 2) Act, 1960, or in theHousing Act, 1966, to land shall include a reference to a substratum of land.

(8)For the purposes ofsubsection (1), the reference in section 10(4)(a) (inserted bysection 86of theHousing Act, 1966) of theLocal Government (No. 2) Act, 1960, tosection 78of theHousing Act, 1966, shall be construed, as respects a scheme approved undersection 49, as a reference to subsections (1) and (5) of the said section 78.

(9)A scheme approved undersection 49shall come into operation—

(a)in case an application for leave to apply for judicial review relating thereto has not been made, upon the expiration of—

(i)the period of two months from the date on which notice of the decision undersection 49(3)was first published, or

(ii)such period as extended by the High Court or Supreme Court undersection 55A,

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

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

53. Control of works by a State authority, statutory undertaker or local authority.

53.—(1)(a)The powers conferred on any State authority, statutory undertaker or local authority by or under any enactment to carry out works along, adjoining, in, on, under or over any land shall not be exercised by that authority or undertaker in relation to any land comprised in a motorway, busway or protected road otherwise than with the consent of the Authority (in the case of a national road) or the Minister (in the case of a regional road or a local road).

(b)Paragraph (a) shall not apply to the carrying out by a road authority of any functions assigned to it by or under any enactment (including this Act) relating to the construction or maintenance of public roads.

(c)(i)The carrying out by a State authority, statutory undertaker or local authority of emergency works necessary to eliminate or reduce danger or risk to persons or property or of maintenance works shall not require consent under paragraph (a).

(ii)In subparagraph (i) “maintenance works” includes the inspection, repair, renewal or removal of the works referred to in paragraph (a), but does not include the relocation of those works.

(iii)A road authority may issue a direction to a State authority, statutory undertaker or local authority in relation to the works referred to in subparagraph (i) and the authority or undertaker shall comply with this direction.

(2)The Minister may make regulations providing that before submitting an application for consent under subsection (1) in respect of prescribed works—

(a)a State authority, statutory undertaker or local authority shall publish in one or more newspapers circulating in the area in which the proposed works would be located a notice in the prescribed form—

(i)stating that it is proposed to apply for consent in respect of specified works,

(ii)indicating the times at which, the period (which shall be not less than one month) during which and the place where a copy of the application may be inspected,

(iii)stating that objections or representations may be made in writing to the Authority or the Minister in relation to the granting of consent before a specified date (which shall be not less than two weeks after the end of the period for inspection);

(b)the Authority or the Minister may, having considered any objections or representations made to it or him under paragraph (a) (iii) and not withdrawn, grant or refuse consent or grant consent subject to such conditions or restrictions as it or he considers necessary;

(c)the Authority or the Minister may at its or his discretion cause an oral hearing to be held into any objections or representations made under paragraph (a) (iii) and not withdrawn and shall consider the report and any recommendation of a person conducting such oral hearing before deciding whether to grant or refuse consent.

54. F92[Service areas (motorway schemes).

54.—(1) A motorway scheme may include provision for a service area.

(2) Where a motorway scheme approved undersection 49includes provision for a service area or a service area provided under a motorway scheme is located on a motorway—

(a) the Authority—in the case of a national road, or

(b) the road authority in whose functional area the service area is to be provided or is located—

(i) in the case of a national road, with the consent of the Authority, or

(ii) in the case of a regional or local road,

may—

(I) provide or operate in the service area facilities or services for persons and vehicles using the motorway to which the scheme relates,

(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.

(3) Subject tosection 54A, a service area on a motorway shall not be provided or operated save in accordance with this section.

(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 orsection 54A.

(5) (a) Only classes of vehicles prescribed undersection 43(3)shall have access from a service area to a motorway.

(b) The driver of a vehicle which is not a vehicle of a class prescribed undersection 43(3)who accesses with the vehicle from a service area to a motorway is guilty of an offence.]

54A. F93[Service areas (public roads).

54A.—(1) In a service area—

(a) the Authority—in the case of a national road, or

(b) the road authority in whose functional area the service area is to be provided for or is located—

(i) in the case of a national road, with the consent of the Authority, or

(ii) in the case of a regional road or local road,

may—

(I) provide or operate facilities or services for persons and vehicles using the road to which the service area scheme relates, or

(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.

(2) Subject tosection 54, a service area on a road referred to insubsection (1)shall not be provided or operated other than in accordance with that subsection.

(3) In this section "service area" means a service area proposed or provided under a service area scheme in respect of a national, regional or local road.]

54B. F94[Offence (service areas).

54B.—A person who, without lawful authority or the consent of the Authority or the road authority concerned, as the case may be—

(a) defaces (by writing or other means), damages or excavates a service area provided under a motorway scheme or service area scheme,

(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

(c) obstructs or interferes with access from the public road to the service area,

is guilty of an offence.]

55. Special and emergency access to a motorway, busway or protected road.

55.—(1)Notwithstanding the provisions of this Part, a road authority may, other than for the development of land and subject to such conditions and restrictions as it thinks fit, permit direct access to or from any land adjoining a motorway or a busway or (where access has been prohibited or restricted in a protected road scheme) a protected road—

(a)by a State authority, statutory undertaker or a local authority to carry out works to which section 53 applies,

(b)by ambulances or fire brigade vehicles,

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

(d)by any other person or vehicle where by reason of an emergency there is a serious risk to persons or property.

(2)Nothing in this Act shall prevent a road authority from having direct access to or from a motorway, a busway or a protected road for the purpose of maintaining such motorway, busway or protected road.

(3)F95[…]

(4)F95[…]

55A. F96[Judicial Review.

55A.—F97[…]]

PART V Toll Roads

56. Definitions for Part V.

F98[56.—In this Part—

"consumer-hire agreement" and "hire-purchase agreement" have the meanings assigned to them, respectively, in theConsumer Credit Act 1995;

"default toll" means a toll charged and payable in accordance with bye-laws undersection 61in respect of a mechanically propelled vehicle where the toll initially charged and payable in respect of that vehicle for the use of a toll road has not been paid;

"licensing records" means records maintained under section 60(2) (inserted bysection 86of theFinance Act 1994as amended bysection 7of theMotor Vehicle (Duties and Licences) Act 2003) of theFinance Act 1993;

"mechanically propelled vehicle" has the meaning assigned to it by the Act of 1961;

"owner" means—

(a) in relation to a vehicle (other than a vehicle specified inparagraph (b)), the person by whom the vehicle is kept, or

(b) in relation to a vehicle which is the subject of a hire-purchase or consumer-hire agreement, the person in possession of the vehicle under the agreement;

"registered in the State" in relation to a vehicle, means the vehicle is entered in the register established and maintained by the Revenue Commissioners undersection 131of theFinance Act 1992or in respect of which a licence has been taken out undersection 1of theFinance (Excise Duties) (Vehicles) Act 1952;

"registered owner" in relation to a vehicle, means where the vehicle—

(a) is registered in the State, the owner of the vehicle whose name is most recently entered in licensing records, or

(b) is used under a trade licence issued undersection 21of theFinance (No. 2) Act 1992, the holder of the licence;

"road authority" means—

(a) in the case of a national road—the Authority, and

(b) in the case of a regional road or local road—the local authority in whose functional area the road is situated;

"road undertaking" means, in relation to a toll road—

(a) a road authority, or

(b) where the road authority has entered into—

(i) an agreement with another person under section 63 in relation to any of the matters referred to inparagraph (e)of that section, or

(ii) an arrangement with a partner under section 3(1) of theState Authorities (Public Private Partnership Arrangements) Act 2002in relation to any of the matters referred to in paragraph (a) of that subsection,

that other person or partner;

"toll" means a toll (including a default toll) chargeable under this Part;

"toll road" means a public road or proposed public road in respect of which a toll scheme is in force;

"toll scheme" means a scheme undersection 57.]

57. Toll schemes.

57.—F99[(1) A road authority may prepare a scheme for the establishment of a system of tolls in respect of the use of a public road.]

(2) F99[In preparing a scheme under subsection (1)], a road authority shall give special consideration to the question of exempting from tolls under the scheme pedestrians, F100[powered personal transporters,] pedal cycles, invalid carriages, vehicles specially adapted for use by physically handicapped persons and vehicles providing public passenger transport services.

(3)A F99[scheme prepared undersubsection (1)] shall—

(a)specify the public road or proposed public road in respect of the use of which it is proposed to establish a system of tolls,

(b)indicate the classes of vehicles and road users for whose use the toll road is intended,

(c)indicate the classes of vehicles which and road users who will be charged tolls in respect of such use,

(d)include an estimate of the amounts of the tolls that it is proposed to charge in respect of the use of the toll road by such vehicles and road users,

F101[(e) specify the manner and method of the charging of and collection of tolls,

(f) specify such other information as the road authority making the scheme considers appropriate or the Minister prescribes by regulations.]

(4)A F99[scheme undersubsection (1)] shall be accompanied by an explanatory statement outlining the provisions of the scheme and its purpose and effect and shall include (as appropriate)—

(a)information in relation to the general arrangements for the construction, maintenance and operation of the toll road to which the scheme relates and for the payment of the cost of such construction, maintenance and operation,

(b)estimates of the capital cost of the road (where appropriate) and of the capital and operating costs of tolling the road, and

(c)estimates of the volume and kind of traffic that will use the road and the amounts of the tolls in respect of such traffic.

F99[(5) A road authority may prepare a scheme amending a toll scheme adopted by it undersection 58.]

(6)The making of a F99[scheme prepared undersubsection (1)] in relation to a regional road or a local road shall be a reserved function.

F102[(7) (a) The Authority shall, before adopting, undersection 58, a scheme prepared undersubsection (1)in relation to a national road, send a copy of the scheme to the appropriate road authority undersection 13and serve a notice on the road authority stating—

(i) that a scheme undersubsection (1)has been prepared, and

(ii) that representations may be made in writing to the Authority in relation to the scheme before such date as is specified in the notice (being not less than 6 weeks from the date of service of the notice).

(b) The Authority shall consider any representations made to it pursuant to a notice underparagraph (a).

(c) The making of representations by a road authority under this subsection shall be a reserved function and shall be without prejudice to the right of that authority to make objections to the Authority undersection 58.]

58. F103[Scheme prepared under section 57 of Roads Act, 1993, to be adopted by road authority.

58.—(1) A road authority shall publish in one or more newspapers circulating in the area where the proposed toll road is located or is to be located a notice—

(a) stating that a draft toll scheme has been prepared,

(b) indicating the times at which, the period (being a period of not less than one month from the first publication of the notice) during which, and the place at which a copy of the scheme prepared undersection 57, any map referred to therein and the explanatory statement relating to the scheme may be inspected, and

(c) stating that objections to the draft toll scheme may be made in writing to the road authority before such date as is specified in the notice (being not less than 2 weeks from the end of the period for inspection referred to inparagraph (b)).

(2) (a) Subject toparagraph (b), a road authority may adopt a scheme prepared by it undersubsection (1), with or without modifications and, subject tosubsection (3), a scheme so adopted is hereafter in this Act referred to as a“toll scheme”.

(b) If an objection to a draft toll scheme is made to the road authority and the objection is not withdrawn, the road authority shall, before deciding whether to adopt the draft toll scheme or not, cause an oral hearing to be held into the matters to which the objection relates, by a person appointed by the road authority, and shall consider the report of and any recommendation made by the person so appointed.

(3) (a) A toll scheme adopted by the road authority under this section shall come into force with the modifications, if any, therein made by the road authority on such day as may be determined by the road authority.

(b) Notice of the day on which a toll scheme is to come into force shall be published by the road authority at least one month before such day in one or more newspapers circulating in the area in which the toll road to which the scheme relates is located or will be located.]

59. Power to charge tolls.

59.—(1)Subject to the provisions of this Part, a road authority may charge and collect tolls of such amounts as may be specified for the time being in bye-laws made by it under section 61 in respect of the use of a toll road.

(2)A road authority may provide and maintain such buildings, structures, works and apparatus as it considers necessary or expedient for or in connection with the charging and collection of tolls and the operation of toll roads.

(3)Where an agreement under section 63 provides for the collection of tolls by a person specified in the agreement, that person and his servants and agents may collect the tolls to which the agreement relates.

60. Revocation of toll scheme.

F104[60.—(1) A road authority may by order revoke a toll scheme adopted by it undersection 58.

(2) Where a road authority proposes to make an order undersubsection (1)it shall, before so making the order, publish in one or more newspapers circulating in the area where the toll road is located a notice—

(a) stating that it proposes to revoke the scheme,

(b) indicating the times at which, the period (being not less than one month from the first publication of the notice) during which, and the place at which, a copy of the proposal may be inspected,

(c) stating that objections or representations may be made in writing to the road authority in relation to the proposal before such date as is specified in the notice (being a date that falls not less than 2 weeks from the end of the period for inspection of the proposal).

(3) Before making an order undersubsection (1), the road authority shall consider any objections or representations made to it in accordance with a notice undersubsection (2).

(4) A road authority may at its discretion cause an oral hearing to be held into any matter to which objections or representations, made in accordance with a notice undersubsection (2)and not withdrawn, relate, by a person appointed by the road authority, and where a road authority causes an oral hearing to be so held it shall, before revoking the toll scheme undersubsection (3), consider the report of and any recommendation made by that person.

(5) The road authority shall publish in one or more newspapers circulating in the area where the toll road is located notice of the making of any order undersubsection (1).

(6) The making of an order under this section in relation to a regional road or a local road shall be a reserved function.]

61. Toll bye-laws.

61.—(1)A road authority may, after consultation with the Commissioner, make such bye-laws as it considers expedient for the purposes of the operation and management of a toll road.

(2)The Authority shall consult with the appropriate road authority under section 13 before making bye-laws in relation to a national road.

(3)Without prejudice to the generality of subsection (1), bye-laws under this section may—

(a)specify the amounts of the tolls that shall be charged, or the scales and other provisions by reference to which they shall be charged, in respect of the use of a toll road by vehicles and road users of each class specified in the bye-laws and may specify different such amounts by reference to such circumstances or combinations of circumstances (whether relating to classes of vehicles or road users, seasons of the year, days of the week, times of the day or otherwise) as the road authority may consider appropriate,

(b)provide for the issue, inspection and collection of tickets, tokens, vouchers, permits, receipts and other forms of authorisation or payment for the use of a toll road,

(c)F105[subject tosection 64(3), specify] the persons who shall be liable to pay a toll,

(d)provide that a person liable under the bye-laws to pay a toll shall not use, or cause or permit, any vehicle of which he is in charge to use the toll road concerned unless the toll has been paid or arrangements, to the satisfaction of the road authority concerned or of a person authorised by it to operate and manage the toll road, for its payment have been made, and

(e)specify the powers of the road authority and of any person authorised by it to operate and manage the toll road concerned in relation to users of a toll road and vehicles and the persons in charge of them.

(4)The making of toll bye-laws in relation to a regional road or a local road shall be a reserved function.

(5)F106[…]

F107[(6) Before making bye-laws, a road authority shall publish in one or more newspapers circulating in the area where the toll road to which the bye-laws relate is located or is to be located a notice—

(a) indicating that it is proposed to make such bye-laws and stating the purpose of the bye-laws,

(b) indicating the times at which, the period (being a period of not less than one month from the date of the first publication of the notice) during which, and the place at which, a copy of the draft bye-laws may be inspected,

(c) stating that objections or representations may be made in writing to the road authority in relation to the draft bye-laws before such date as is specified in the notice (being a date that falls not less than 2 weeks from the end of the period for inspection of the draft bye-laws), and

(d) stating that a copy of the draft bye-laws may be purchased on payment of such fee as is specified in the notice not exceeding the reasonable cost incurred in the making of such copy.]

F107[(7) Before making bye-laws the road authority shall consider any objections or representations which have been made to it in accordance with a notice undersubsection (6)and not withdrawn.]

F107[(8) Bye-laws made by a road authority under this section shall come into effect on such date as is specified in those bye-laws.]

(9)The bye-laws shall, as soon as may be after they have been F107[made], be published in Iris Oifigiúil and notice of their making, of the toll road to which they apply and of the place where copies of them may be purchased or inspected shall be published in one or more newspapers circulating in the area where the toll road to which the bye-laws relate is located or is to be located.

F108[(10) A person who contravenes a bye-law made under this section commits an offence.]

62. Exemption from tolls.

62.—The following shall be exempt from the payment of tolls—

(a)ambulances and fire brigade vehicles,

(b)vehicles used by members of the Garda Síochána or the Defence Forces in the performance of their duties as such members,

(c)such other classes of vehicles or road users as the Minister may prescribe in relation to toll roads generally, specified classes of toll roads or specified toll roads.

63. Agreements for financing, maintenance, construction and operation of toll roads.

63.—(1)F109[Where a toll scheme is adopted by a road authority, the road authority may] enter into an agreement with another person under which, upon such terms and conditions as may be specified in the agreement (including the payment to, or retention by, the person of all or part of the proceeds of tolls in respect of the toll road the subject of the scheme), the person agrees to do all or one or more of the following:

(a)to pay some or all of the cost of the construction of the road,

(b)to pay some or all of the cost of the maintenance of the road,

(c)to construct or join or assist in the construction of the road for or with the authority,

(d)to maintain or join or assist in the maintenance of the road for or with the authority,

(e)to operate and manage (including provide, supervise and operate a system of tolls F110[and their collection] in respect of the use of the road) the road for or with the authority,

(f)such other things connected with or incidental or ancillary to or consequential upon the foregoing as may be specified in the agreement.

F111[(1A) A road authority may enter into different agreements with different persons in respect of anything referred to insubsection (1).]

(2)Without prejudice to the generality of subsection (1), an agreement under this section may—

(a)provide for the application of the proceeds of tolls, systems of accounting for tolls collected and the methods and times of payment of proceeds of tolls to the persons to whom they are to be paid under the terms of the agreement,

(b)specify the period for which the agreement shall have effect and provide for its termination or suspension and for matters connected with or incidental or ancillary to or consequent upon the expiration of the agreement or such termination or suspension, and

(c)provide for the giving of such security as may be specified therein—

(i)to the road authority by any other party to the agreement, or

(ii)by the road authority to any other party to the agreement,

in relation to the carrying out and observance by that party or authority of the terms and conditions of the agreement.

(3)A road authority may F112[…] enter into an agreement with a party with whom it has entered into a previous agreement under this section amending the terms or conditions thereof, adding thereto, or deleting therefrom, terms or conditions or revoking the previous agreement.

(4)Entry into an agreement under this section in relation to a regional road or a local road shall be a reserved function.

(5)The parties to an agreement under this section shall carry out the agreement in accordance with its terms and conditions and a road authority shall have all such powers as may be necessary for that purpose.

64. Offences under Part V.

F113[64.—(1) Where a toll charged and payable in respect of a mechanically propelled vehicle using a toll road is unpaid for such period specified in bye-laws undersection 61, a default toll, in accordance with the bye-laws, of not more than such amount specified in the bye-laws being greater than the amount of the toll initially charged, may be charged and be payable in respect of the vehicle.

(2) Bye-laws made undersection 61may—

(a) provide that the amount of a default toll be increased by such amount where it is not paid within such period as specified in the bye-laws,

(b) take into account administrative costs in charging and collecting a default toll, or

(c) specify different amounts in respect of different classes of toll roads and different classes of vehicles.

(3) Where a toll is payable in respect of a mechanically propelled vehicle where—

F114[(a) the vehicle is registered in the State (other than in the circumstances referred to inparagraph (c))—

(i) the registered owner of the vehicle, and

(ii) the person, whom the road undertaking concerned can reasonably ascertain, keeps or has possession or charge (including arising from a leasing arrangement) of the vehicle in the State,]

(b) the vehicle is not registered in the State—the person, whom the road undertaking concerned can reasonably ascertain, owns or keeps or has possession or charge of the vehicle in the State,

(c) the registered owner or a person referred to inparagraph (b)or(d), as the case may be, on the occasion in question, was not driving or in the vehicle and had not given permission for or required another to use the vehicle and the Garda Síochána were aware or were informed of this—the person who was driving the vehicle on the occasion, or

(d) a person has entered into an agreement with the road undertaking concerned in respect of the payment of tolls in respect of the vehicle—that person,

and the driver of the vehicle, if he or she is not a person mentioned above, are jointly and severally liable to pay the toll.

F115[(4) The amount of any toll due and payable by a person under this Part may be recovered from that person as a simple contract debt by the road undertaking concerned in any court of competent jurisdiction and, for the purposes of this subsection, may be recovered as if the toll due and payable was founded on a contract made where—

(a) the toll is being charged and collected, or

(b) the liability to pay the toll is incurred.]

(5) (a) Notwithstandingsection 79, notice of the charge of a toll may be served on a person by the road undertaking concerned by post—

(i) at the place where the person ordinarily resides or carries on business, or

(ii) if an address for the service of such a notice has been provided by the person, that address,

or where arrangements have been made between the person and the road undertaking by such means specified (such as electronic mail) to the place or address specified, in the arrangements.

(b) In any proceedings for the recovery of a toll it shall be presumed, until the contrary is shown, that the defendant received the notice under this paragraph to which the proceedings relate and that payment of the toll has not been made.

(6) A document signed by an officer of the road undertaking concerned (authorised in that behalf by the road undertaking) stating that a mechanically propelled vehicle in respect of which the proceedings are taken for the non-payment of a toll incurred the liability to pay the toll together with any photographic or other evidence taken from a camera or other apparatus referred to insubsection (7)of the identification mark of the vehicle taken at the material time may, without proof of the signature of the officer or that the photographic or other evidence is from a camera or other apparatus referred to in that subsection, be produced in any court and in all legal proceedings and is, until the contrary is shown, evidence that a toll was incurred in respect of the vehicle. It shall not be necessary to show that the camera or other apparatus was accurate or in good working order.

(7) A road authority may approve cameras or other apparatus and the location of them, to be set up and operated by the road undertaking having charge of the collection of tolls on a toll road, for the purposes of—

(a) recording the date and time of a vehicle passing through the toll road and whether payment in respect of the vehicle for the use of the road has been discharged or incurred, and

(b) taking photographic images of the vehicle and its identification mark.

(8) A person who is liable to pay a toll and who fails, neglects or refuses to pay the toll is guilty of an offence.

(9) A person who on a toll road, fails, neglects or refuses to obey a lawful instruction or direction of a person authorised by a road undertaking to provide, operate or manage a toll road or collect or charge tolls on the road is guilty of an offence.

(10) A person who by his or her actions does any thing to avoid being charged or paying a toll while on a toll road is guilty of an offence.

(11) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding€5,000 or to imprisonment for a term not exceeding 6 months or both.

(12) In this section "identification mark" in respect of a mechanically propelled vehicle, means the identification mark assigned to the vehicle—

(a) in the case of a vehicle registered in the State—under section 6 of the Roads Act 1920 or section 131(5) (inserted bysection 102of theFinance Act 2003) of theFinance Act 1992, or

(b) in the case of a vehicle registered in a jurisdiction outside the State—under the laws of that jurisdiction.]

64A. F116[Access to records.