Transport (Dublin Light Rail) Act , 1996

1 Interpretation.

1.—(1) In this Act except where the context otherwise requires—

“the Act of 1963” means the Local Government (Planning and Development) Act, 1963;

“the Act of 1993” means the Roads Act, 1993;

“authorised officer” means any person authorised in writing by the Minister or the Board to exercise the powers conferred on an officer by this Act;

“the Board” means Córas Iompair Éireann;

“environmental impact statement” shall be construed in accordance with section 3(2)(d);

“functions” includes powers and duties and references to the performance of functions include as respects powers and duties, references to the exercise of the powers and the carrying out of the duties;

“land” has the meaning assigned to it by the Act of 1963;

“light railway” means a railway (whether above, on or under the ground) whose operation is authorised by a light railway order;

“light railway order” means an order under section 9;

“light railway works” means any works required for the purposes of a light railway or any part of a light railway, including works ancilliary to the purposes aforesaid, in the functional areas of the councils of the counties of South Dublin, Fingal and Dún Laoghaire Rath-down and the corporation of the county borough of Dublin and in this definition “works” includes any act or operation of construction, excavation, tunnelling, demolition, extension, alteration, reinstatement, reconstruction, making good, repair or renewal;

“local authority” has the meaning assigned to it by the Act of 1993;

“the Minister” means the Minister for Transport, Energy and Communications;

“planning authority” has the meaning assigned to it by the Act of 1963;

“public road” means a road over which a public right of way exists and the responsibility for the maintenance of which lies on a road authority;

“road” has the meaning assigned to it by the Act of 1993;

“road authority” has the meaning assigned to it by the Act of 1993.

(2) In this Act—

(a) a reference to any enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended or extended by or under any subsequent enactment including this Act,

(b) a reference to a section is a reference to a section of this Act unless it is indicated that reference to some other enactment is intended,

(c) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.

2 Surveys and inspections.

2.—(1) An authorised officer may, on production of his or her authorisation if so requested by any person affected, for the purposes of this Act enter on any land and—

(a) inspect and survey the land and make any inquiry, investigation or examination for the purpose of ascertaining whether or not the land is suitable for the purposes of the construction of a light railway,

(b) carry out any investigation or examination thereon preliminary or incidental to the purposes aforesaid,

(c) bring thereon such other persons or equipment as he or she may reasonably consider necessary for the purposes of his or her functions under this section,

(d) line sight, drill, bore, probe or excavate, or take such samples and carry out such tests as he or she reasonably considers necessary or expedient for the purposes of such functions.

(2) Before an authorised officer enters any dwelling house under subsection (1), he or she shall obtain the consent (which shall not be unreasonably withheld) of any owner or occupier of the dwelling house.

(3) Where an authorised officer is refused entry to any land, the Minister or the Board may apply to a judge of the District Court assigned to the district court district in which the land is situate for a warrant authorising such entry and upon the hearing of the application the judge shall, if satisfied that such entry is necessary or expedient, by warrant authorise such entry.

(4) Whenever an authorised officer exercises any of the functions conferred on him or her by subsection (1), the Minister or the Board, as the case may be, shall be liable to make good all damage done to the land entered upon or interfered with by the exercise of such functions and to pay compensation in respect of any loss arising out of or in the course of the performance of the functions of an officer under this section, and, if there is a failure to do so, any person affected by the damage or loss shall be entitled to compensation in respect thereof and such compensation shall be recoverable from the Minister or the Board, as the case may be, in default of agreement, in any court of competent jurisdiction.

3 Application for a light railway order.

3.—(1) The Board may apply to the Minister for a light railway order.

(2) An application under subsection (1) shall be made in writing in such form as the Minister may specify and shall be accompanied by—

(a) a draft of the proposed order,

(b) a plan of the proposed light railway works,

(c) a book of reference to the plan (indicating the identity of the owners and of the occupiers of the lands described in the plan),

(d) a statement of the likely effects on the environment (referred to subsequently in this Act as an “environmental impact statement”) of the proposed light railway works,

and the draft plan and book of reference shall be in such form as the Minister may specify or in a form to the like effect.

(3) Upon an application to the Minister for a light railway order there shall be paid to the Minister by the Board such fee (if any) as the Minister, with the consent of the Minister for Finance, may fix.

(4) The construction of light railway works shall not be undertaken unless the Minister has granted an order under section 9.

4 Exempted development.

4.—Each of the following shall be exempted development for the purposes of the Act of 1963—

(a) development consisting of the carrying out by or on behalf of the Board of light railway works, including the use of the light railway works or any part thereof for the purposes of the operation of a light railway, authorised by the Minister and specified in a light railway order or of any incidental or temporary works connected with such development;

(b) development consisting of the carrying out by or on behalf of the Board of light railway works for the maintenance, improvement or repair of a light railway.

5 Environmental impact statement.

5.—(1) An environmental impact statement shall contain the following specified information:

(a) a description of the proposed light railway works comprising information about the site, design, size, physical characteristics and land-use requirements of the light railway works,

(b) the data necessary to identify and assess the main effects which the proposed light railway works are likely to have on the environment,

(c) a description of the likely significant effects, direct and indirect, on the environment of the proposed light railway works, explained by reference to their possible impact on—

(i) human beings, fauna and flora,

(ii) soil, water, air, climate and the landscape,

(iii) the inter-action between any of the matters referred to in subparagraphs (i) and (ii),

(iv) material assets, and

(v) the cultural heritage,

(d) where significant adverse effects are identified with respect to any of the matters referred to in paragraph (c), a description of the measures envisaged in order to avoid, reduce and, if possible, remedy those effects,

(e) where appropriate, an outline of the main alternatives (if any) studied and an indication of the main reasons for choosing the proposed alternative, taking into account the environmental effects, and

(f) a summary in non-technical language.

(2) An environmental impact statement may include, by way of explanation or amplification of any of the specified information referred to in subsection (1), further information on any of the following matters:

(a) the estimated type and quantity of expected emissions resulting from the proposed light railway works when in operation,

(b) the likely significant direct and indirect effects (including secondary, cumulative, short, medium and long term, permanent and temporary, positive and negative effects) on the environment of the proposed light railway works which may result from—

(i) the use of natural resources,

(ii) the emission of pollutants, the creation of nuisances and the elimination of waste,

(c) the forecasting methods used to assess any effects on the environment about which information is given under paragraph (b),

(d) any difficulties, such as technical deficiencies or lack of knowledge, encountered in compiling any specified information.

(3) The European Communities (Environmental Impact Assessment) Regulations, 1989 (S.I. No. 349 of 1989), and the Local Government (Planning and Development) Regulations, 1994 (S.I. No. 86 of 1994), shall not apply to proposed light railway works.

6 Publication of notice in relation to application for light railway order.

6.—(1) Whenever an application is made for a light railway order, the Board shall, within 7 days of the making of the application—

(a) deposit and keep deposited at such place or places, being a place or places which are easily accessible to the public, as may be appointed by the Minister, a copy of the draft order, the plan, the book of reference to the plan and the environmental impact statement which accompanied the application,

(b) publish a notice in one or more newspapers circulating in the area to which the order relates—

(i) indicating that an application has been made for an order,

(ii) indicating the times at which, the period (being not less than one month) during which and the place or places where a copy of the draft order, plan, book of reference and environmental impact statement deposited under this section may be inspected,

(iii) stating that the Minister will consider any submissions in relation to the proposed order or in relation to the likely effects on the environment of the proposed light railway works which are submitted in writing by any person not later than 2 weeks after the end of the period specified in the notice referred to in subparagraph (ii), and

(iv) stating that a copy of or extract from the draft order, plan, book of reference or environmental impact statement may be purchased on payment of a fee not exceeding the reasonable cost of making such copy or extract,

(c) serve on the planning authority in whose functional area (or any part thereof) the proposed light railway works are proposed to be carried out and such persons (if any) as the Minister may direct a copy of the draft order, plan, book of reference, environmental impact statement and the notice referred to in paragraph (b), and

(d) serve a copy of the notice referred to in paragraph (b) together with relevant extracts from the documents referred to in paragraph (a) on every (if any) occupier and every (if any) owner of land referred to in the draft order.

(2) Members of the public may inspect a copy of a draft light railway order, plan, book of reference or environmental impact statement deposited under this section free of charge at the times and during the period specified in the notice referred to in subsection (1) (b) (ii) and may purchase copies of or extracts from any of the documents aforesaid on payment of a fee to the Board not exceeding the reasonable cost of making such copies or extracts as may be fixed by the Board.

(3) A person may, not later than 2 weeks after the end of the period specified in subsection (2), make submissions in writing to the Minister in relation to the proposed light railway order or the likely effects on the environment of the proposed light railway works.

7 Further information to Minister.

7.—(1) Where the Minister is of opinion that an environmental impact statement furnished under section 3 does not comply with the provisions of section 5, or where he or she otherwise considers it necessary so to do, he or she shall require the Board to furnish him or her with a document containing such further information in relation to the likely effects on the environment of the proposed light railway works as he or she may specify and the Board shall comply with any such requirement.

(2) (a) If the document furnished under subsection (1) contains significant data in relation to the likely effects on the environment of the proposed light railway works, the Minister shall require the Board—

(i) to deposit and keep deposited at the place or each of the places appointed by the Minister, a copy of the aforesaid document,

(ii) to publish in one or more newspapers circulating in the area to which the proposed light railway order relates a notice stating that further information in relation to the likely effects on the environment of the proposed light railway works has been furnished to the Minister, that copies of the document containing the information will be available for inspection free of charge and for purchase by members of the public, at the place or each of the places appointed by the Minister at specified times during the period of 4 weeks beginning on the day of publication of the notice and that submissions in relation to the further information may be made to the Minister before the expiration of the said period,

(iii) to serve notice of the furnishing of the further information to the Minister, together with relevant extracts from the document aforesaid, on any person on whom notice was served pursuant to section 6(1) and to indicate to the person concerned that submissions in relation to the further information may be made to the Minister during the period of 4 weeks beginning on the day on which the notice is sent to the person concerned by the Board.

(b) Copies of further information in respect of which notice is published pursuant to a requirement under subsection (2) (a) (ii) shall be made available for purchase by members of the public during the period specified therein for such fee as the Board may fix not exceeding the reasonable cost of making such copies.

(3) Members of the public may inspect the further information deposited under this section free of charge at the times and during the period specified in the notice referred to in subsection (2) (a) (ii).

(4) A person may, during the appropriate period specified in subsection (2), make submissions in writing to the Minister in relation to the further information deposited under this section.

8 Public inquiry into application for light railway order.

8.—(1) (a) Where an application is made to the Minister for a light railway order, the Minister shall direct a public inquiry to be held into the application in the functional area of the local authority in which the light railway is proposed to be situated or such one of the local authorities in which it is proposed to be situated as the Minister may determine.

(b) The Minister shall, after consultation with An Bord Pleanála, appoint a person to be an inspector to hold the inquiry referred to in subsection (1).

(c) The person appointed under paragraph (b) shall be a person who in the opinion of the Minister has satisfactory experience and competence in one or more of the following areas: transportation planning, civil engineering, land use planning, architecture, law, finance, environmental matters or administration.

(d) The inspector so appointed shall hold the inquiry and shall prepare and submit to the Minister a report in writing of the findings of the inquiry and he or she may, if he or she so thinks fit, include in the report any recommendations he or she considers appropriate having regard to the inquiry and the Minister shall, without delay after such submission, cause the report to be published.

(e) Where an inspector is appointed under paragraph (b), the Minister may appoint a person or persons to act as an assessor or assessors to assist the inspector in relation to his or her functions under this section and a person or persons so appointed shall not take any part in the preparation of the report, the making of the findings or the recommendations (if any) under paragraph (b).

(f) The Board, every owner and occupier of land on, under or over which it is proposed to construct the light railway works the subject of the application, every planning authority within whose functional area the works are intended to be situated, every person who made a submission to the Minister under section 6(3) or 7(4) and every other interested person shall be entitled to appear and be heard at an inquiry under this section.

(2) An inspector appointed under this section shall, for the purposes of the inquiry, consider—

(i) the application made to the Minister under section 3;

(ii) the draft order, plan, book of reference to the plan and the environmental impact statement which accompanied the application;

(iii) any submission, whether written or oral, made to the inquiry;

(iv) any alternatives to the application submitted to the inquiry;

(v) the impact of the proposed light railway, the subject of the application, on local communities;

and such other matters as the inspector considers appropriate.

(3) An inspector appointed under this section may, for the purposes of the inquiry—

(a) require, by summons, any person to attend as a witness to give evidence,

(b) require any person to produce such plans, books, papers and other documents (being in that person's custody or under his or her control) which the inspector may consider relevant and retain such plans, books, papers and documents for such time as he or she may reasonably require them,

(c) administer or cause to be administered an oath and take evidence under oath.

(4) If a person—

(a) on being duly summoned to attend as a witness under subsection (3) before an inquiry without just cause or excuse disobeys the summons,

(b) being in attendance as a witness refuses to take an oath or to make an affirmation when legally required by the inspector to do so, or to produce any documents in his or her custody or control legally required by the inspector to be produced by him or her or to answer any question to which the inspector may legally require an answer,

(c) wilfully gives evidence which is material to the inquiry and which he or she knows to be false or does not believe to be true,

(d) by act or omission, obstructs or hinders the inspector in the performance of his or her functions,