TRANSPORT (RAILWAY INFRASTRUCTURE) ACT, 2001

AN ACT TO MAKE FURTHER PROVISION IN RELATION TO TRANSPORT, TO ESTABLISH A BODY TO BE KNOWN AS THE RAILWAY PROCUREMENT AGENCY OR, IN THE IRISH LANGUAGE, AN GHNÍOMHAIREACHT UM FHÁIL IARNRÓD, AND TO DEFINE ITS FUNCTIONS, TO ENABLE THE MINISTER FOR PUBLIC ENTERPRISE TO AUTHORISE, BY ORDER, THE CONSTRUCTION, OPERATION AND MAINTENANCE OF RAILWAYS, TO PROVIDE FOR THE ON-STREET REGULATION OF LIGHT RAILWAYS, TO MAKE FURTHER PROVISION IN RELATION TO CÓRAS IOMPAIR ÉIREANN, TO REPEAL SECTIONS 2 TO 11 OF THE TRANSPORT ACT, 1963, AND THE TRANSPORT (DUBLIN LIGHT RAIL) ACT, 1996, AND TO PROVIDE FOR CONNECTED MATTERS. [23rd December, 2001]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART 1 Preliminary and General

1. Short title.

1.—This Act may be cited as the Transport (Railway Infrastructure) Act, 2001.

2. Interpretation.

2.—(1) In this Act—

“Act of 1961” means Road Traffic Act, 1961;

“Act of 1963” means Transport Act, 1963;

“Act of 1993” means Roads Act, 1993;

“Act of 1994” means Road Traffic Act, 1994;

“Act of 1996” means Transport (Dublin Light Rail) Act, 1996;

“Act of 2000” means Planning and Development Act, 2000;

F1[“Act of 2024” means the Planning and Development Act 2024;]

“Agency” means Railway Procurement Agency established under section 9;

“applicant” in Part 3, means the Agency, CIÉ, or any other person applying for a railway order;

“authorised person” means a person authorised as an authorised person under section 36;

“CIÉ” means Córas Iompair Éireann;

F1[“Commission” has the meaning assigned to it by the Act of 2024;]

F2[“designated body” means an authority designated by the Minister under section 39A;]

“driving” in relation to a light rail vehicle includes managing and controlling the vehicle, and “driver” and other cognate words shall be construed accordingly;

F3[…]

F2[“EIA Directive” means Directive No. 2011/92/EU of the European Parliament and of the Council of 13 December 2011³ on the assessment of the effects of certain public and private projects on the environment as amended by Directive 2014/52/EU of the European Parliament and of the Council of 16 April 2014⁴;]

F2[“environmental impact assessment”,in relation to proposed railway works, means a process—

• (a) consisting of—

• (i) the preparation of an environmental impact assessment report by the applicant in accordance with section 39,

• (ii) the carrying out of consultation required by or under this Part,

• (iii) the examination by the Board of—

• (I) the information presented in the environmental impact assessment report,

• (II) any further information provided by the applicant under section 41 and, where applicable, section 47D, and

• (III) any relevant information received through consultation under section 40, section 41 and, where applicable, section 47D,

• (iv) the reaching of a reasoned conclusion by the Board in accordance with section 42B on the significant effects of the proposed railway works on the environment, taking into account the results of the examination referred to in subparagraph (iii) and, where appropriate, its own supplementary examination, and

• (v) the integration by the Board of its reasoned conclusion into its decision under section 43,

and

• (b) including an examination, analysis and evaluation by the Board under sections 42B and 43 in order to identify, describe and assess, in the light of each individual case, the direct and indirect significant effects of the proposed railway works, including significant effects derived from the vulnerability of the activity to risks of major accidents and disasters relevant to it, on—

• (i) population and human health,

• (ii) biodiversity, with particular attention to species and habitats protected under Council Directive 92/43/EEC of 21 May 1992⁵ and Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009⁶,

• (iii) land, soil, water, air and climate,

• (iv) material assets, cultural heritage and the landscape, and

• (v) the interaction between the factors mentioned in subparagraphs (i) to (iv);]

F2[“environmental impact assessment report” shall be construed in accordance with section 39(1) and (2);]

“establishment day” means the day appointed by the Minister under section 8 to be the establishment day for the purposes of Part 2;

“functions” includes powers and duties and references to the performance of functions include, as respect 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 2000;

“light rail vehicle” means a vehicle with flanged wheels designed to run on a light railway;

“light railway” means a railway designated as a light railway in a railway order issued under section 43;

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

“metro” means a railway designated as a metro in a railway order issued under section 43;

“Minister” means Minister for Public Enterprise;

“planning authority” has the meaning assigned to it by the Act of 2000;

F4[“prescribed” in Part 3, means prescribed by regulations made by the Minister for the Environment, Heritage and Local Government;]

“public place” has the meaning assigned to it by the Act of 1961;

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

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

“railway infrastructure” means any land, buildings, structures, equipment, systems, vehicles, services or other thing used in connection with, or necessary or incidental to, the movement of passengers or freight by railway;

“railway order” means an order under section 43;

“railway undertaking” means any person who has been granted a railway order or another person with whom that person has made arrangements under F5[section 43(5)];

“railway works” means any works required for the purposes of a railway or any part of a railway, including works ancillary to the purposes aforesaid such as parking by buses or by persons using vehicles who intend to complete their journey by railway, and relocation of utilities, and in this definition “works” includes any act or operation of construction, excavation, tunnelling, demolition, extension, alteration, reinstatement, reconstruction, making good, repair or renewal;

“rights” in relation to a railway order includes rights which exist or which are proposed to be created in the order;

“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;

“substratum of land” means any subsoil or anything beneath the surface of land required—

• (i) for the purposes of a tunnel or tunnelling or anything connected therewith, or

• (ii) for any other purpose connected with a railway order;

“superannuation benefits” means pensions, gratuities and other allowances payable on resignation, retirement or death.

• (2) In this Act—

• (a) 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,

• (b) 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,

• (c) a reference to an enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment including this Act,

• (d) a reference to a statutory instrument shall be construed as a reference to that instrument as amended, adapted or extended by any subsequent statutory instrument.

• F2[(3) A word or expression that is used in this section or in Part 3 and that is also used in the EIA Directive has the same meaning as it has in that Directive.]

3. Repeals.

3.—The following are repealed—

• (a) sections 2 to 11 of the Act of 1963, and

• (b) the Act of 1996.

4. Continuation of orders made under Act of 1963 and Act of 1996.

4.—(1) Any order made under the Act of 1963 or the Act of 1996 which is in force immediately before the repeal of those Acts shall continue in force as if made under this Act and subsections (6) to (11) of section 43 shall apply to such orders and references in those orders made under the Act of 1996 to the Board shall be construed as references to the Agency.

• (2) For the avoidance of any doubt, any orders made under the Act of 1996 include the power to operate the railway in question.

• (3) Notwithstanding the repeal of sections 2 to 11 of the Act of 1963, where an application for a railway works order has been made and not determined immediately before the repeal of those sections, then those sections continue to apply to the application until its determination.

5. Laying of orders and regulations before Houses of Oireachtas.

5.—Every order (other than an order under section 8) or regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

6. Offences by bodies corporate.

6.—Where an offence under this Act has been committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect or default on the part of a person being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person as well as the body corporate is guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

7. Expenses.

7.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be authorised by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

PART 2 Railway Procurement Agency

8. Establishment day.

8.—F7[…]

9. Establishment of Agency.

9.—F8[…]

10. Seal of Agency.

10.—F9[…]

11. Functions of Agency.

11.—(1) The Agency shall have the following functions:

• (a) to secure the provision of, or to provide, such light railway and metro railway infrastructure as may be determined from time to time by the Minister;

• (b) F10[…]

• (c) to enter into agreements with other persons in order to secure the provision of such railway infrastructure whether by means of a concession, joint venture, public private partnership or any other means; and

• (d) to acquire and facilitate the development of land adjacent to any railway works subject to an application for a railway order under this Act where such acquisition and development contributes to the economic viability of the said railway works.

• (2) The Minister may, with the consent of the Minister for Finance, by order confer on the Agency such additional functions in relation to public transport by rail or road as, from time to time, he or she considers appropriate.

• (3) The Agency may exploit commercial opportunities arising from its functions.

• (4) The exploitation of such commercial opportunities may be carried out by a railway undertaking on behalf of the Agency.

• (5) The Agency may receive income (including any amount, right, interest, benefit or profit) arising from, or make payments (or otherwise provide consideration) in respect of functions referred to in subsections (1) and (3) or such additional functions assigned to it under subsection (2).

• (6) Where the Agency enters into an agreement with a person and in connection with the agreement another person makes a financial loan to, or provides any other form of finance for, a party to the agreement, the Agency shall be deemed to have the power to enter into an arrangement with that other person.

• (7) The Agency may only act as the operator of a railway where authorised by the Minister by order.

• (8) The Minister may, by order, amend or revoke an order under this section (including an order under this subsection).

12. Subsidiaries, investments, joint ventures, etc.

12.—(1) Such functions of the Agency as it may determine may be performed by a subsidiary and, accordingly, the Agency may, with the consent of the Minister and the Minister for Finance, for the purpose of such performance, acquire or form and establish one or more subsidiaries.

• (2) The Agency or a subsidiary may, either by itself or with another person, with the consent of the Minister and the Minister for Finance, promote and take part in the formation or establishment of a company (within the meaning of the Companies Acts, 1963 to 2001), enter into joint ventures or partnerships for the purpose of fulfilling any of its functions.

• (3) The Agency may, with the consent of the Minister and the Minister for Finance, acquire, hold and dispose of shares or other interests in a company and become a member of a company.

• (4) The memorandum and articles of association of a subsidiary shall be in such form consistent with this Act as may be determined by the Agency with the consent of the Minister and the Minister for Finance.

• (5) The Minister may give a direction in writing to the Agency on any matter relating to a subsidiary and the Agency shall comply or, as may be appropriate, secure compliance with the direction.

• (6) A direction under this section in relation to the disposal of any assets or surpluses of a subsidiary shall not be given without the consent of the Minister for Finance.

• (7) In this section “subsidiary” means a subsidiary (within the meaning of section 155 of the Companies Act, 1963) of the Agency.

13. Charges for services.

13.—(1) The Agency may make such charges F12[(including fares)] as it considers appropriate in consideration of the performance of its functions, the provision by it of services and the carrying on by it of activities and shall record receipts from such charges as income.

• (2) The Agency may recover, as a simple contract debt in any court of competent jurisdiction, from the person by whom it is payable any amount due and owing to it under the above.

14. Gifts.

14.—F13[…]

15. Borrowings by Agency.

15.—F14[…]

16. Guarantee by Minister for Finance of borrowing by Agency.

16.—F15[…]

17. Advances by Minister to Agency.

17.—F16[…]

18. Reports and information to Minister.

18.—F17[…]

19. Accounts and audits.

19.—F18[…]

20. Membership of Agency.

20.—F19[…]

21. Chairperson of Agency.

21.—F20[…]

22. Meetings of Agency.

22.—F21[…]

23. Chief executive of Agency.

23.—F22[…]

24. Staff of Agency.

24.—F23[…]

25. Superannuation.

25.—(1) The Agency shall prepare and submit to the Minister a scheme or schemes for the granting of superannuation benefits to or in respect of such members of the staff of the Agency as it may think fit.

• (2) Every such scheme shall fix the time and conditions of retirement for all persons to or in respect of whom superannuation benefits are payable under the scheme or schemes and different times and conditions may be fixed in respect of different classes of persons.

• (3) Every such scheme may be amended or revoked by a subsequent scheme prepared, submitted and approved under this section.

• (4) A scheme or an amending scheme submitted by the Agency under this section shall, if approved by the Minister with the consent of the Minister for Finance, be carried out by the Agency in accordance with its terms.

• (5) Superannuation benefits, and the terms and conditions relating to superannuation benefits, granted under schemes under this section to, or in respect of, persons who, immediately before the establishment day, were members of the staff of CIÉ shall not be less favourable than those which applied immediately before that day.

• (6) No superannuation benefit shall be granted by the Agency nor shall any other arrangements be entered into by the Agency for the provision of such a benefit to or in respect of a member of the staff of the Agency otherwise than in accordance with a scheme under this section or with the consent of the Minister and the Minister for Finance.

• F24[(7) Each scheme made under this section shall make provision for appeals.]

• (8) Where, in the period beginning on the establishment day and ending immediately before the commencement of a scheme under this section, a superannuation benefit falls due for payment to or in respect of a person who was transferred to the staff of the Agency under section 24, the benefit shall be calculated by the Agency in accordance with such scheme, or such enactments in relation to superannuation, as applied to the person immediately before the establishment day and, for that purpose, his or her pensionable service with the Agency shall be aggregated with his or her previous pensionable service and shall be paid by the Agency.

• (9) A scheme under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the scheme is passed by either such House within the next 21 days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

26. Membership of either House of Oireachtas, European Parliament or local authority.

26.—F25[…]

27. Code of conduct.

27.—F26[…]

28. Declaration of interests.

28.—F27[…]

29. Disclosure of interests.

29.—F28[…]

30. Prohibition on unauthorised disclosure of confidential information.

30.—F29[…]

31. Prohibition on certain communications.

31.—F30[…]

32. Power of Minister to issue directions and guidelines to Agency.

32.—F31[…]

33. Transfer of property.

33.—F32[…]

34. Transfer of rights and liabilities.

34.—F33[…]

35. Continuance of pending legal proceedings.

35.—F34[…]

PART 3 Railway Orders

36. Surveys and inspections.

36.—(1) The Agency or CIÉ may authorise in writing persons to be authorised persons for the purposes of this Part.

• (2) An authorised person may, on production of his or her authorisation together with an appropriate form of identification if so requested by any person affected, for the purposes of this Part 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 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,

• (e) if authorised by the Agency, 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 fulfilling any of the related functions of the Agency.

• (3) An authorised person shall not, other than with the consent of the occupier, enter a private dwelling unless he or she has obtained a warrant from the District Court under subsection (4) authorising such entry.

• (4) Where an authorised person is refused entry to any land, the Agency or CIÉ, as the case may be, may apply to a judge of the District Court assigned to the district court district in which the land is situated 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, on production of the warrant, if so requested.

• (5) Whenever an authorised person exercises any of the functions conferred on him or her by subsection (2), the Agency or CIÉ, 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 authorised person 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 Agency or CIÉ, as the case may be, in default of agreement, in any court of competent jurisdiction.

37. F35[Application for a railway order.

37.—F36[(1) An application may be made to An Bord Pleanála ("the Board") for a railway order by the Dublin Transport Authority ("DTA"), the Agency, CIÉ or another person. Where any part of the proposed railway works in the application is within the functional area of the DTA the applicant (not being the DTA) must have obtained the prior written consent of the DTA for the application.

• (2) An application under subsection (1) shall specify whether the application is in respect of a light railway, metro or otherwise.]

• (3) 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 railway works,

• (c) in the case of an application by the Agency or a person with the consent of the Agency, a plan of any proposed commercial development of land adjacent to the proposed railway works,

• (d) a book of reference to a plan required under this subsection (indicating the identity of the owners and of the occupiers of the lands described in the plan), and

• (e) F37[a report on] the likely effects on the environment (referred to subsequently in this Part as an "F38[environmental impact assessment report]") of the proposed railway works,

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

• (4) The construction of railway works, the subject of an application for a railway order under this Part, shall not be undertaken unless the Board has granted an order under section 43.]

• F39[(5) An application under subsection (1) shall be accompanied by an electronic version of each of the documents referred to in subsection (3) including the application itself.]

38. F40[Exempted development.

F41[38.—(1) Each of the following shall be exempted development for the purposes of the Act of 2000:

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

• (b) development consisting of the carrying out of railway works for the maintenance, improvement or repair of a railway that has been built pursuant to a railway order.]]

• (2) Part IV of the Act of 2000 does not apply and is deemed never to have applied to developments specified in subsection (1).

39. F43[F44[Environmental Impact Assessment Report]

39.—F45[(1) The applicant shall ensure that an environmental impact assessment report—

• (a) is prepared by competent experts,

• (b) subject to subsection (3), contains—

• (i) a description of the proposed railway works comprising information on the site, design, size and other relevant features of the proposed works,

• (ii) a description of the likely significant effects of the proposed railway works on the environment,

• (iii) the data required to identify and assess the main effects which the proposed railway works are likely to have on the environment,

• (iv) a description of any features of the proposed railway works, and of any measures envisaged, to avoid, prevent or reduce and, if possible, offset likely significant adverse effects on the environment,

• (v) a description of the reasonable alternatives studied by the applicant which are relevant to the proposed railway works and their specific characteristics, and an indication of the main reasons for the option chosen, taking into account the effects of the railway works on the environment, and

• (vi) a summary in non-technical language of the above information,

and

• (c) takes into account the available results of other relevant assessments under European Union or national legislation with a view to avoiding duplication of assessments.]

• F45[(2) The applicant shall further ensure that an environmental impact assessment report, in addition to and by way of explanation or amplification of the specified information referred to in subsection (1), contains any additional information specified in Annex IV to the EIA Directive relevant to the specific characteristics of the particular railway works, or type of railway works, proposed and to the environmental features likely to be affected.]

• (3)
• F45[(a) If a person, before applying to the Board for a railway order, so requests, the Board shall, after consulting the person and any designated body and taking into account the information provided by the person, in particular on the specific characteristics of the proposed railway works, 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 person in the environmental impact assessment report in accordance with subsections (1) and (2).]

• F46[(aa) Where the Board issues an opinion under paragraph (a) the applicant shall—

• (i) prepare the environmental impact assessment report referred to in subsection (1) based on that opinion, and

• (ii) include in the report the information that may reasonably be required for reaching a reasoned conclusion in accordance with section 42B on the significant effects of the proposed railway works on the environment, taking into account current knowledge and methods of assessment.]

• (b) The giving of a written opinion in accordance with this subsection shall not prejudice the exercise by the Board of its powers pursuant to this Act to require an applicant F45[to furnish it with specified additional information in relation to the likely effects] on the environment of the proposed railway works.

• F46[(3A) The Board shall ensure that it has, or has access as necessary to, sufficient expertise to examine the environmental impact assessment report.]

• (4) The European Communities (Environmental Impact Assessment) Regulations 1989 to 2005 and the Act of 2000 and any regulation made thereunder in relation to environmental impact assessment shall not apply to anything done under an order made under this Act.]

39A. F48[Designated bodies

39A.—The Minister for Transport shall designate, by notice published on the website of the Department of Transport, either in general terms or on a case-by-case basis, the authorities likely to be concerned by any proposed railway works by reason of their specific environmental responsibilities or local and regional competences.]

40. F49[Publication of notice in relation to application for railway order.

40.—(1) Before an application is made for a railway order, the applicant shall—

• (a) deposit and keep deposited at such place or places, being a place or places which is or are easily accessible to the public, F50[and make available electronically in such manner,] as may be appointed by the Board, a copy of the draft order and all documents which will accompany the application, for not less than 6 weeks following the publication of the notice referred to in paragraph (b),

• (b) publish a notice in one or more newspapers circulating in the area to which the order relates F50[and make available electronically in such manner as may be appointed by the Board]—

• F51[(i) indicating that an application will be made for an order and specifying the types of decision the Board may make under section 43 in relation to the application,]

• F50[(ia) indicating that the proposed railway works covered by the draft order are subject to an environmental impact assessment procedure,]

• (ii) indicating the time and the place or places at which, and the period (which shall be F51[at least 6 weeks]) during which, a copy of the draft order and accompanying documents deposited F51[and made available electronically] under this section may be inspected,

• (iii) stating that F50[the Board is the competent authority responsible for taking the decision whether or not to grant the order, from which relevant information can be obtained and to which comments or questions can be submitted, and that] the Board will consider any submissions in relation to the proposed order or in relation to the likely effects on the environment of the proposed railway works which are submitted in writing to it by any person within the period referred to in subparagraph (ii),

• F51[(iv) stating that the draft order and accompanying documents are available to be viewed electronically and at the places appointed by the Board under paragraph (a) and that a copy of, or extract from, the draft order and accompanying documents may be purchased on payment of a fee not exceeding the reasonable cost of making such copy or extract,]

• (v) stating, if it be the case, that the proposed railway works are likely to have significant effects on the environment in Northern Ireland,

• F52[(vi) stating that a person may question the validity of a decision of the Board 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.]

• (c) serve on the planning authority in whose functional area (or any part thereof) the proposed railway works are proposed to be carried out, on the Minister F50[, on any designated body] and on such other persons (if any) as the Board may direct a copy of the draft order and accompanying documents and the notice referred to in paragraph (b),

• (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 a land referred to in the draft order, and

• (e) in a case where—

• (i) the proposed railway works are likely to have significant effects on the environment in Northern Ireland, or

• (ii) the authority referred to subsequently in this paragraph requests that such a copy be so sent to it,

send a copy of the F53[environmental impact assessment report] to the prescribed authority in Northern Ireland, together with a notice, in such form as may be prescribed, stating that an application for approval of the said works has been made and that submissions may be made in writing to the Board (during the period specified in the notice referred to in subsection (1)(b)) in relation to the likely effects on the environment of the said works.

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

• (3) A person may, during the period specified in the notice referred to in subsection (1)(b), make submissions in writing to the Board in relation to the proposed railway order or the likely effects on the environment of the proposed railway works.

• (4) Where the F53[environmental impact assessment report] and a notice referred to in subsection (1)(e) has been sent to the prescribed authority in Northern Ireland pursuant to that provision, the Agency, CIÉ, or the Board, in the case of any other applicant, as appropriate, shall enter into consultations with that authority regarding the potential effects on the environment of the proposed railway works and the measures envisaged to reduce or eliminate such effects.]

• F50[(5) The Board shall make an electronic version of the documents specified in section 37(3) and made available by the applicant under this section available electronically on the Board’s website.]

F54[Notification to Minister for Housing, Planning and Local Government

40A.—As soon as practicable after receiving an application for a railway order, the Board shall send to the Minister for Housing, Planning and Local Government each of the following:

• (a) the name of the applicant together with a contact name, email address and phone number for correspondence;

• (b) a description of the location of the proposed railway works;

• (c) a description of the proposed railway works;

• (d) notice that the Board is the competent authority to which the application has been made;

• (e) a map of the location of the proposed railway works marked so as to identify clearly the land or structure to which the application relates;

• (f) an electronic version of the notice referred to in section 40;

• (g) notification of the location where information in electronic form that relates to the application is available on the Board’s website.]

41. F55[Further information to Board.

41.—Where the Board is of the opinion that an F56[environmental impact assessment report] furnished under section 37 does not comply with the provisions of section 39 or where it otherwise considers it necessary so to do, it shall require the applicant to furnish to it a document containing such further information in relation to the proposed railway F57[including any additional information specified in Annex IV to the EIA Directive which is directly relevant to reaching a reasoned conclusion on the significant effects of the proposed railway works on the environment] works as it may specify and the applicant shall comply with any such requirement within such period as the Board specifies.

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

• (i) to deposit and keep deposited at the place or each of the places appointed by the Board F57[and make available electronically in such manner as may be appointed by the Board,], a copy of the aforesaid document,

• (ii) to publish in one or more newspapers circulating in the area to which the proposed railway order relates F57[and make available electronically in such manner as may be appointed by the Board] a notice stating that further information in relation to the likely effects on the environment of the proposed railway works has been furnished to the Board, 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 Board, at specified times during the period of not less than 3 weeks beginning on the day of publication of the notice and that submissions in relation to the further information may be made to the Board before the expiration of the said period, and

• (iii) to serve notice of the furnishing of the further information to the Board, together with relevant extracts from the document aforesaid, on any person on whom notice was served pursuant to section 40(1) and to indicate to the person concerned that submissions in relation to the further information may be made to the Board during the period of not less than 3 weeks beginning on the day on which the notice is sent to the person concerned by the applicant.

• (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 in the notice referred to in that provision for such fee as the applicant 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 period specified in the notice referred to in paragraph (a)(ii) or (iii), as appropriate, of subsection (2), make submissions in writing to the Board in relation to the further information deposited under this section.]

• F57[(5) Where the Board requires the applicant to publish a notice in accordance with subsection (2)(a) the applicant shall provide the Board with an electronic version of that notice.

• (6) The Board shall make an electronic version of—

• (a) the notice referred to in subsection (5),

• (b) the additional information referred to in subsection (1), and

• (c) any submissions it receives in relation to the further information,

available on the Board’s website.]

42. F58[Oral hearings.

42.—(1) The Board may, at its absolute discretion, hold an oral hearing into an application for a railway order.

• (2) Sections 135, 143 and F59[…] of the Act of 2000 (as amended by the Planning and Development (Strategic Infrastructure) Act 2006) and [F60376 of the Act of 2024] shall apply and have effect in relation to an oral hearing referred to in subsection (1) and those sections shall be construed accordingly.]

42A. F62[Coordinated assessments

42A.—In carrying out an environmental impact assessment in respect of an application made under section 37 the Board shall, where appropriate, co-ordinate the assessment with any assessment under Council Directive 92/43/EEC of 21 May 1992⁷ or Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009⁸.]

F63[Reasoned conclusion

42B.—Whenever an application is made under section 37, before deciding whether or not to grant the order to which the application relates, the Board shall—

• (a) duly take into account—

• (i) the environmental impact assessment report submitted under section 37, and any revised environmental impact assessment report submitted under section 47D,

• (ii) any additional information furnished to it under section 41 and, where applicable, any information submitted on foot of a notice under section 47D(4),

• (iii) any submissions or observation made in relation to the likely significant effects on the environment of the activity to which the application relates duly made to it—

• (I) under section 40(3) or 41(4), and not withdrawn, or

• (II) by an authority referred to in section 40(1)(c) or (e),

• (III) on foot of a request under section 47D(1) or a notice under section 47D(6).

• (b) consider any other evidence that it has obtained under this Part in relation to the likely significant effects on the environment of the activity to which the application relates, and

• (c) taking into account the results of the examination referred to in paragraphs (a) and (b), reach a reasoned conclusion on the significant effects on the environment of the activity to which the application relates.]

43. F64[Railway order.

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

• (a) the application;

• (b) the draft order and documents that accompanied the application;

• (c) the report of any oral hearing held under section 42 and the recommendations (if any) contained therein;

• (d) F65[…]

• (e) F65[…]

• (f) F65[…]

• (g) the likely consequences for proper planning and sustainable development in the area in which it is proposed to carry out the railway works and for the environment of such works; and

• (h) the matters referred to in section 143 (inserted by the Planning and Development (Strategic Infrastructure) Act 2006) of the Act of 2000.

• F66[(2) After considering the matters referred to in subsection (1), having taken into account its reasoned conclusion under section 42B(c) and being satisfied that that reasoned conclusion remains up-to-date, the Board—

• (a) if it is of opinion that the application should be granted, shall make an order authorising the applicant to construct, maintain, improve and, subject to section 11(7) in the case of the Agency, operate the railway or the railway works specified in the order or any part thereof, in such manner and subject to such conditions (including conditions regarding monitoring measures, parameters to be monitored and the duration of monitoring), modifications, restrictions and requirements (and on such other terms) as the Board thinks proper and specifies in the order, or

• (b) if it is of opinion that the application should not be granted, refuse to make the order to which the application relates,

and the Board shall furnish the applicant with a copy of the order or, as the case may be, the decision to refuse to grant the order.]

• F67[(2A) A railway order shall include—

• (a) the reasoned conclusion referred to in section 42B,

• (b) any environmental conditions, including conditions regarding monitoring measures, parameters to be monitored and the duration of monitoring, to which the authorisation is subject, and

• (c) a description of any features of the proposed railway works, or any measures envisaged, to avoid, prevent or reduce, or offset significant adverse effects on the environment.

• (2B) A decision to refuse to grant the order to which the application relates shall include the main reasons for the refusal.]

• F66[(3) As soon as may be after making a decision under subsection (2), the Board shall—

• (a) publish in at least 2 newspapers circulating in the area to which the application for the order relates and in electronic form on the Board’s website, a notice stating—

• (i) that the Board has made or, as the case may be, refused to grant, the proposed railway order,

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

• (I) information about the public participation process,

• (II) a summary of the results of the consultations and the information gathered pursuant to section 40 (in particular, where a copy of the environmental impact assessment report was sent in accordance with section 40(1)(e), the results of consultations and the information gathered under section 40(4)), section 41 and, where applicable, section 47D, and,

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

• (iii) where the railway order was subject to conditions (including conditions regarding monitoring measures, parameters to be monitored and the duration of monitoring), modifications, restrictions or requirements relating to the environment, particulars of those conditions, modifications, restrictions or requirements,

• (iv) that a copy of the railway order, or as the case may be the decision to refuse to grant the order, is available for inspection and purchase at a cost not exceeding the reasonable cost of making such copies during specified hours, at a specified place, for a specified period of time, and in electronic form on the Board’s website, and

• (v) that practical information regarding the judicial review procedures by which a person may seek to question the validity of a determination by the Board on a proposed railway order can be found on the Board’s website,

• (b) forward to each of the designated bodies a copy of the railway order or, as the case may be, the decision to refuse to grant the order under subsection (2)(b),

and

• (c) give notice to the prescribed authority in Northern Ireland of its decision in a case where a copy of the environmental statement has been sent to that authority in accordance with section 40(1)(e).]

• (4) A railway order shall come into operation—

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

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

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

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

• (6) The Board may, if there is a failure or refusal to comply with a F66[condition, modification, restriction or requirement] specified in a railway order, revoke the order.

• (7)
• (a) Where the Board proposes to revoke an order under this section, it shall notify the railway undertaking in writing of its proposal and of the reasons for it.

• (b) The railway undertaking may, not later than 3 weeks from the date of the sending of the notification, make submissions in writing to the Board and the Board shall—

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

• (ii) notify the railway undertaking in writing of its decision and of the reasons for it.

• (8) A notification of a proposal of the Board under subsection (7) shall include a statement that the railway undertaking may make submissions to the Board not later than 3 weeks from the date of the sending of the notification and a notification of a decision of the Board under subsection (7) shall include a statement that the railway undertaking may appeal to the High Court under subsection (9) against the decision not later than 3 weeks from the date of the sending of the notification.

• (9) Notwithstanding section 47(1), the railway undertaking may appeal to the High Court against a decision of the Board under subsection (6) not later than 3 weeks from the date of the sending of the notification of the decision under subsection (7) and that Court may, as it thinks proper, on the hearing of the appeal, confirm the decision of the Board or direct the Board to withdraw its decision and prohibit the making of the proposed order concerned.]

43A. F69[Interpretation – sections 43B to 43F

43A.—In sections 43B to 43F—

"environmental condition", in relation to a railway order, means any condition, modification, restriction or requirement to which a railway order is subject that relates to—

• (a) features of the railway works 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).]

43B. F70[Duty to notify, and to comply with modification and conditions of approval

43B.—(1) Where the Board makes a railway order, the person to whom the railway order is granted shall notify the Minister of any environmental conditions and each railway undertaking shall comply with such conditions.

• (2) A railway undertaking 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.]

43C. F71[Minister to ensure compliance with modifications and conditions

43C.—Where the Minister receives a notification under section 43B(1) the Minister shall take all reasonable steps to ensure that each railway undertaking complies with the environmental conditions.]

43D. F72[Power to request information regarding compliance with modification or condition

43D.—(1) Where the Minister has been notified of an environmental condition the Minister may request a railway undertaking to furnish, within a specified period, specified information in relation to the railway undertaking’s compliance with the environmental condition, and that railway undertaking shall comply with such a request.

• (2) A request under subsection (1) by the Minister 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 railway undertaking that fails to comply with a request under subsection (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.]

43E. F73[Power to carry out assessment of railway undertaking’s compliance with environmental condition

43E.—(1) Where the Minister has been notified of an environmental condition under section 43B(1) the Minister may, having notified a railway undertaking of his or her intention to do so, carry out an assessment of the railway undertaking’s compliance with the environmental condition.

• (2) During the course of an assessment under subsection (1) the railway undertaking shall comply with any request, made by the Minister for the purposes of that assessment, to—

• (a) furnish information, records or reports or the results of any monitoring by the railway undertaking in relation to the railway undertaking’s compliance with the environmental condition, or

• (b) afford to the Minister access to any land, premises or structure occupied by the railway undertaking, for the purposes of assessing the railway undertaking’s compliance with the environmental condition.

• (3) A railway undertaking that fails to comply with a request under subsection (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.]

43F. F74[Power to direct action to ensure compliance with environmental condition

43F.—(1) The Minister having made a request under section 43D, or carried out an assessment under section 43E, and considered any information furnished to him or her, or that has otherwise come into his or her possession as a result of the request or assessment, may issue to the railway undertaking to whom the request was made the terms of a direction (in this section referred to as "the proposed direction") that the Minister proposes to issue to the railway undertaking, requiring the railway undertaking, within a specified period, to carry out, cause to be carried out, or arrange for, such action as the Minister considers necessary for the purposes of section 43C to ensure that that the railway undertaking complies with the environmental condition.

• (2) The proposed direction shall specify a period within which the railway undertaking may make observations to the Minister in relation to the proposal to make the direction (and the railway undertaking may make such observations within that period accordingly).

• (3) After the expiration of the period referred to in subsection (2) and having considered any observations made by the railway undertaking under that subsection, the Minister 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 shall accordingly issue to the railway undertaking the direction concerned and the railway undertaking shall comply with the direction within the period specified in the direction.

• (4) A railway undertaking that fails to comply with a direction under subsection (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 under subsection (4) the court shall, in particular, have regard to the risk or extent of damage to the environment and any remediation required arising from the act or omission constituting the offence.]

44. F75[Provisions in relation to railway order.

44.—(1) A railway order shall contain such provisions as the Board considers necessary or expedient for the purpose of the order.

• (2) Without prejudice to the generality of subsection (1), a railway order may—

• (a) specify any land or any substratum of land, the acquisition of which is, in the opinion of the Board, necessary for giving effect to the order,

• F76[(b) specify any rights in, under or over land, water or any public road, the acquisition of which is, in the opinion of the Board, necessary for giving effect to the order,]

• (c) specify the manner in which the railway or the railway works or any part thereof to which the order relates are to be constructed,

• (d) fix the period within which the construction of the railway works is to be completed,

• (e) contain provisions as to the manner in which the railway works are to be operated and maintained,

• (f) without prejudice to paragraph (g), contain such provisions as the Board thinks proper for the protection of the public generally, of local communities and of any persons affected by the order,

• (g) contain provisions requiring—

• (i) the construction or the financing, in whole or in part, of the construction of a facility, or

• (ii) the provision or the financing, in whole or in part, of the provision of a service,

in the area in which the railway works are to be constructed, being a facility or service that, in the opinion of the Board, would constitute a gain to the community,

• (h) provide for the determination by arbitration of any specified questions arising thereunder,

• (i) contain such provisions ancillary or incidental to any of the matters aforesaid as the Board considers necessary and proper.

• F77[(j) designate the railway to which the order relates as a light railway or as a metro.]

• (3) A provision of a railway order referred to in subsection (2)(g) shall not require such an amount of financial resources to be committed for the purposes of the provision being complied with as would substantially deprive the person in whose favour the order operates of the benefits likely to accrue from the making of the order.

• (4) F78[…]]

45. F79[Compulsory acquisition of land.

45.—(1) Upon the commencement of a railway order, the Agency or CIÉ shall thereupon be authorised to acquire compulsorily any land or rights in, under or over land or any substratum of land specified in the order and, for that purpose, the railway order shall have effect as if it were a compulsory purchase order referred to in section 10(1) of the Local Government (No. 2) Act 1960 (inserted by section 86 of the Housing Act 1966), which has been duly made and confirmed and, accordingly, that section shall apply and have effect in relation to the order with the modifications that—

• (a) references to the local authority shall be construed as including references to the Agency or CIÉ as the case may be,

• (b) references to the Minister for the Environment, Heritage and Local Government shall be construed as references to the Board,

• (c) the reference in subsection (4)(a) to section 78 of the Housing Act 1966 shall be construed as including a reference to subsections (1), (4) and (5) of that section,

• F80[(d) the form of any vesting order as may be prescribed pursuant to section 82(1) of the Housing Act 1966, shall be the prescribed form of a vesting order to be used by the Agency or CIÉ,]

and with any other necessary modifications.

• (2) Where the Agency or CIÉ proposes to acquire land pursuant to subsection (1) and, in the opinion of the Agency or CIÉ, as the case may be, it is more efficient and economical to acquire additional adjoining land, the Agency or CIÉ, as the case may be, may do so with the consent of the Minister and of any person having an interest in or right in, under or over the adjoining land notwithstanding the fact that the adjoining land is not specified in the railway order.

• (3) The Agency or CIÉ shall comply with any directions of the Minister in relation to land acquired by it pursuant to subsection (1).]

46. F81[Notification of grant of railway order.

46.—As soon as may be after the making of a railway order, the railway undertaking shall—

• (a) deposit and keep deposited at the head office of the railway undertaking and at such other place as may be specified by the Board, during the period of 5 years following the opening for traffic of the railway, a copy of the order and the plan referred to therein and the aforesaid order and plan shall, while so deposited, be open to inspection by members of the public free of charge, at all reasonable times, and copies of or extracts from any of the documents aforesaid may be purchased on payment of a fee to the railway undertaking not exceeding the reasonable cost of making such copies or extracts, and

• (b) serve a copy of relevant extracts from the railway order and the plan referred to therein on every planning authority for the area (or any part thereof) to which the order relates and to every (if any) occupier and every (if any) owner of land referred to in the railway order.]

46A. F82[Alteration of railway order.

46A.— ...]

47. F83[Judicial review of railway order and related acts.

47.—(1) A person shall not question the validity of a railway order made or any act done by the Board in the performance or the purported performance of its functions under sections 37 to 46 otherwise than by way of an application for judicial review under Order 84 of the Rules of the Superior Courts (S.I. No. 15 of 1986) (the "Order").

• (2) The Board may, at any time after the bringing of an application for leave to apply for judicial review of any act to which subsection (1) applies and which relates to a matter for the time being before the Board, apply to the High Court to stay the proceedings pending the making of a decision by the Board in relation to the matter concerned.

• (3) On the making of such an application the High Court may, where it considers that the matter before the Board is within the jurisdiction of the Board, make an order staying the proceedings concerned on such terms as it thinks fit.

• (4) Subject to subsection (5), an application for leave to apply for judicial review under the Order in respect of an order or act to which subsection (1) applies shall be made within the period of 8 weeks beginning on the date on which the order was made or, as the case may be, the date of the doing of the act by the Board.

• (5) The High Court may extend the period provided for in subsection (4) within which an application for leave referred to in that subsection may be made but shall only do so if it is satisfied that—

• (a) there is good and sufficient reason for doing so, and

• (b) the circumstances that resulted in the failure to make the application for leave within the period so provided were outside the control of the applicant for the extension.

• (6) References in this section to the Order shall be construed as including references to the Order as amended or replaced (with or without modification) by rules of court.]

47A. F85[Section 47: supplemental provisions.

47A.—(1) In this section—

“Court”, where used without qualification, means the High Court (but this definition shall not be construed as meaning that subsections (2) to (6) and (9) do not extend to and govern the exercise by the Supreme Court of jurisdiction on any appeal that may be made);

“Order” shall be construed in accordance with section 47;

“section 47 leave” means leave to apply for judicial review under the Order in respect of an order or act to which section 47(1) applies.

• (2) An application for section 47 leave shall be made by motion on notice (grounded in the manner specified in the Order in respect of an ex parte motion for leave) to the Board, to the applicant for the railway order, where he or she is not the applicant for leave, and to any other person specified for that purpose by order of the High Court, and the Court shall not grant section 47 leave unless it is satisfied that—

• (a) there are substantial grounds for contending that the order or act concerned is invalid or ought to be quashed, and

• (b) F86[(i) The applicant has a sufficient interest in the matter which is the subject of the application, or]

• (ii) the applicant—

• (I) is a body or organisation (other than a State authority, a public authority or governmental body or agency) the aims or objectives of which relate to the promotion of environmental protection,

• (II) has, during the period of 12 months preceding the date of the application, pursued those aims or objectives, and

• (III) satisfies such requirements (if any) as a body or organisation, if it were to make an appeal under section 37(4)(c) of the Act of 2000, would have to satisfy by virtue of section 37(4)(d)(iii) of that Act (and, for this purpose, any requirement prescribed under section 37(4)(e)(iv) of that Act shall apply as if the reference in it to the class of matter into which the decision, the subject of the appeal, falls were a reference to the class of matter into which the order or act, the subject of the application for section 47 leave, falls).

• F86[(3) A sufficient interest of the purposes of subsection (2)(b)(i) is not limited to an interest in land or other financial interest.]

• (4) Notwithstanding the making of an application for section 47 leave in respect of a railway order, the application shall not affect the validity of the railway order and its operation unless, upon an application to the Court, the Court suspends the operation of the railway order until the application is determined or withdrawn.

• (5) If the Court grants section 47 leave, no grounds shall be relied upon in the application for judicial review under the Order other than those determined by the Court to be substantial under subsection (2)(a).

• (6) The Court may, as a condition for granting section 47 leave, require the applicant for such leave to give an undertaking as to damages.

• (7) The determination of the Court of an application for section 47 leave or of an application for judicial review on foot of such leave shall be final and no appeal shall lie from the decision of the Court to the Supreme Court in either case save with leave of the Court which leave shall only be granted where the Court certifies that its decision involves a point of law of exceptional public importance and that it is desirable in the public interest that an appeal should be taken to the Supreme Court.

• (8) Subsection (7) shall not apply to a determination of the Court in so far as it involves a question as to the validity of any law having regard to the provisions of the Constitution.

• (9) If an application is made for judicial review under the Order in respect of part only of an order or act to which section 47(1) applies, the Court may, if it thinks fit, declare to be invalid or quash the part concerned or any provision thereof without declaring invalid or quashing the remainder of the order or act or part of the order or act, and if the Court does so, it may make any consequential amendments to the remainder of the order or act or the part thereof that it considers appropriate.

• (10) The Court shall, in determining an application for section 47 leave or an application for judicial review on foot of such leave, act as expeditiously as possible consistent with the administration of justice.

• (11) On an appeal from a determination of the Court in respect of an application referred to in subsection (10), the Supreme Court shall—

• (a) have jurisdiction to determine only the point of law certified by the Court under subsection (7) (and to make only such order in the proceedings as follows from such determination), and

• (b) in determining the appeal, act as expeditiously as possible consistent with the administration of justice.

• (12) Rules of court may make provision for the expeditious hearing of applications for section 47 leave and applications for judicial review on foot of such leave.]

47B. F87[Discussions with Board before making an application.

47B.—(1) The Agency, CIÉ or any other person who proposes to apply for a railway order in accordance with section 37(1) shall, before making the application, enter into consultations with the Board in relation to the proposed railway works.

• (2) Such a person is referred to subsequently in this section and in section 47C as a "prospective applicant".

• (3) In any consultations under subsection (1), the Board may give advice to the prospective applicant regarding the proposed application and, in particular, regarding—

• (a) the procedures involved in making an application under this Part and in considering such an application, and

• (b) what considerations, related to proper planning and sustainable development or the environment, may, in the opinion of the Board, have a bearing on its decision in relation to the application.]

47C. F88[Section 47B: supplemental provisions.

47C.—(1) A prospective applicant shall, for the purposes of consultations under section 47B, supply to the Board sufficient information in relation to the proposed railway works so as to enable the Board to assess those works.

• (2) The Board may, at its absolute discretion, consult with any other person who may, in the opinion of the Board, have information which is relevant for the purposes of consultations under section 47B in relation to the proposed railway works.

• (3) The holding of consultations under section 47B shall not prejudice the performance by the Board of any other of its functions under this Act or the Planning and Development Act 2000 or regulations under either of those Acts and cannot be relied upon in the formal planning process or in legal proceedings.

• (4) The Board shall keep a record in writing of any consultations under section 47B in relation to proposed railway works, including the names of those who participated in the consultations, and a copy of such record shall be placed and kept with the documents to which any application in respect of the proposed railway works relates.]