S.I. No. 370/2003 - Transport Act 1963 (Railway Works - Drogheda) Order 2003

WHEREAS-

• (a) Iarnród éireann - Irish Rail (in this recital referred to as the “Company”) is the railway company formed and registered under the Companies Acts 1963 to 2001 pursuant to the Transport (Reorganisation of Córas Iompar éireann) Act 1986 (No. 31 of 1986 (in this recital referred to as the “Act of 1986”) and the whole of whose shares are held by Córas Iompair éireann (in this recital referred to as the “Board”) or by nominees of the Board,

• (b) the Company provides a rail commuter service for Dublin and its environs,

• (c) the said service is provided by a fleet of railcars which is required to be substantially expanded from its present size,

• (d) for the maintenance of the said fleet, a dedicated service facility is required,

• (e) it has been determined to locate such a service facility at a site forming part of McBride Station, Drogheda, county Louth owned by the Board in the townlands of Newtown and Lagavorren in the borough of Drogheda, county Louth, which site is located north and east of the existing buildings at that station,

• (f) an application has been made by the Board, pursuant to the provisions of the Transport Act 1963 (No. 17 of 1963) (in this recital referred to as the “Act of 1963”) and the Act of 1986, to the Minister for Transport for a railway works order authorising the construction, maintenance and operation of the railway works required to provide and manage the dedicated service facility,

• (g) (i) copies of the draft order, the plan and the book of reference to the plan were-

• (I) for the purposes of section 3(1)(a) of the Act of 1963 deposited in McBride Station, Dublin Road, Drogheda county Louth, and Drogheda Branch Library, Stockwell Street, Drogheda, county Louth, and

• (II) sent to the persons specified in section 3(1)(c) of the Act of 1963,

and

• (ii) a notice, as detailed in section 3(1)(b) of the Act of 1963, was published as directed by the Minister,

• (h) planning permission has been granted by An Bord Pleanála for the development of the proposed railway works under reference no. PL 54.123480 dated 26 September 2001;

NOW I, Seamus Brennan, Minister for Transport, in exercise of the powers conferred on me by section 6 of the Transport Act 1963 (No. 17 of 1963) and the Communications (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order 1987 ( S.I. No. 92 of 1987 )(as adapted by the Public Enterprise (Alteration of Name of Department and Title of Minister) Order 2002 ( S.I. No. 305 of 2002 )), having considered the application, having considered and had regard to the matters set out in sections 5 and 6 of the Transport Act 1963 and being satisfied in relation to those matters, having consulted with the Minister for the Environment, Heritage and Local Government, and being of opinion that the application should be granted, hereby order as follows:

1.

2.

“Board” means Córas Iompair éireann;

“Books of Reference” means the Books of Reference to the Plans (referred to in Schedules 3 and 4 to this Order) submitted to the Minister with the application for this Order and to which section 3 of the Principal Act relates;

“Borough Council” means Drogheda Borough Council;

“Minister” means the Minister for Transport;

“maintain” includes inspect, repair, adjust, alter, remove, reconstruct, renew and replace and cognate words shall be construed accordingly;

“Plans” means the Plans (comprising the drawings referred to in Schedule 1 to this Order) submitted to the Minister with the application for this Order and to which section 3 of the Principal Act relates;

“Principal Act” means the Transport Act 1963 (No. 17 of 1963);

“road authority” has the meaning assigned to it by section 2 of the Roads Act 1993 (No. 14 of 1993);

“specified works” has the meaning assigned to it by Article 4 of this Order.

3.

4.

• (a) construction of the specified works shall be completed within 5 years from the date of the making of this Order;

• (b) paragraph (a) of this Article shall not apply to any other works required for the maintenance of the specified works or any part of them;

• (c) the specified works shall not be used until the same have been inspected and certified as safe for use by an inspector duly appointed by the Minister under the Regulation of Railways Act 1871;

• (d) during the construction and maintenance of the specified works arrangements shall be made in relation to the execution of such works as may be, in the opinion of the Borough Council, adequate to prevent traffic along any road being unnecessarily interfered with;

• (e) if in the course of executing the specified works any road for which the Borough Council as road authority is responsible is damaged, the Board shall make good, or cause to be made good, the damage to the satisfaction of the Borough Council;

• (f) any dispute between those concerned as to-

• (i) the arrangements referred to in paragraph (d) of this Article, or

• (ii) any damage referred to in paragraph (e) of this Article,

may be referred by either party to the Minister whose decision shall be final;

(g)nothing in this Order shall authorise interference with any telegraphic line (being a telegraphic line for the purposes of the Telegraph Acts 1863 to 1953) or other property or of any rights under the said Acts of a provider of telecommunications services except with the consent of the Commission for Communications Regulation or the Minister and subject to such terms and conditions as, after consultation with any such provider of telecommunications services, the Commission or the Minister thinks proper;

• (h) nothing in this Order shall authorise interference with any of the electric cables or works of the Electricity Supply Board except with the consent of the Minister and subject to such terms and conditions as the Minister after consultation with the Electricity Supply Board, thinks proper;

• (i) nothing in this Order shall authorise interference with any of the pipelines or works of Bord Gáis éireann except with the consent of the Minister and subject to such terms and conditions as the Minister, after consultation with Bord Gáis éireann, thinks proper;

• (j) nothing in this Order shall authorise interference with any of the water supply or public sewer pipework or works of the Borough Council except with the consent of the Minister and subject to such terms and conditions as the Minister, after consultation with the Borough Council, thinks proper.

5.

• (a) compulsorily acquire and use all or such part of the land specified in Schedule 3 to this Order as the Board may require in order to give effect to this Order, and

• (b) interrupt the rights of way specified in Schedule 4 in order to give effect to this Order.

• (2)
• (a) Compensation shall be paid by the Board to the several persons having estates or interests in lands compulsorily acquired by it under paragraph (1)(a).

• (b) Compensation shall be paid by the Board to the several persons having estates or interests in the lands in respect of the exercise of rights granted under paragraph (1)(b).

• (c) Any question of disputed compensation shall be determined under and in accordance with the Acquisition of Land (Assessment of Compensation) Act 1919.

• (3) When the Board acquires or enters on and takes possession of land under this Order which is subject either alone or in conjunction with other land to a land purchase annuity or a reclamation annuity, payment in lieu of rent or other sum payable periodically (not being merely rent under a contract of tenancy) payable to the Minister for Agriculture and Food or to the Commissioners of Public Works in Ireland, the Board shall-

(a)as from the date on which it acquires or enters on and takes possession of the land, whichever date is the earlier, become and be liable to pay to the Minister for Agriculture and Food or the said Commissioners, as the case may be, such periodical sum or such portion of that sum as shall be apportioned by the Minister for Agriculture and Food or the said Commissioners, as the case may be as if the land had been transferred to the Board by the owner of it on that date,

(b)be entitled, if the Board so thinks fit, to redeem the periodical sum or the portion of it so apportioned, and

(c)be obliged, if required by the Minister for Agriculture and Food or the said Commissioners, as the case may be, to redeem the periodical sum or the portion of it so apportioned.

SCHEDULE 1

Plans:

SCHEDULE 2 Specified works

The functions of the facility shall be accommodated by the construction of the following works in accordance with the relevant drawings as referred to in Schedule 1:

SCHEDULE 3 BOOK OF REFERENCE

SCHEDULE 4 BOOK OF REFERENCE

EXPLANATORY NOTE

(This note is not part of the instrument and does not purport to be a legal interpretation)

The effect of this Order is to confer on Coras Iompair éireann the necessary power to construct and maintain a new diesel rail depot at McBride Station Drogheda, County Louth