S.I. No. 648/2006 - Railway (Dublin Light Rail Line C1 - Connolly to The Point) Order 2006

Type Statutory Instrument
Publication 2006-12-18
Last updated 2022-05-04
State In force superseded text
Text As published
articles Not indexed

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

4 amending acts · 2022-05-04, GARDA SÍOCHÁNA (FUNCTIONS AND OPERATIONAL AREAS) ACT 2022

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STATUTORY INSTRUMENTS

S.I. No. 648 of 2006

Railway (Dublin Light Rail Line C1 - Connolly to The Point) Order 2006

S.I. No. 648 of 2006

ARRANGEMENT OF ARTICLES

PART 1 PRELIMINARY PART 1 PRELIMINARY
Article. Article.
1. Citation.
2. Interpretation.
3. Incorporation of enactments.
4. Designation of railway.
PART 2 RAILWAY WORKS AND RELATED PROVISIONS PART 2 RAILWAY WORKS AND RELATED PROVISIONS
5. Construction of railway works and operation of light railway.
6. Deviation.
7. Power to alter the layout of public roads.
8. Temporary closure of public roads.
9. New roads.
10. Bridges.
11. Fixing of brackets to buildings and erection of poles.
12. Underpinning of buildings.
13. Discharge of water.
14. Characteristics of the light railway.
15. Period within which the Agency is authorised to carry out railway works.
PART 3 ACQUISITION AND POSSESSION OF LAND PART 3 ACQUISITION AND POSSESSION OF LAND
16. Power to acquire land.
17. Acquisition of rights.
18. Extinguishment of rights of way.
19. Use of air space.
20. Temporary possession of land.
21. Period within which the Agency may compulsorily acquire land and interests in land.
PART 4 MISCELLANEOUS AND GENERAL PART 4 MISCELLANEOUS AND GENERAL
22. Interference with apparatus.
23. Arbitration.
24. Agreement between the Agency and a road authority.
25. Interference with roads.
26. Rights of third parties to open up roads, etc.

SCHEDULE 1 Part 1: Description of the railway works authorised by this Order

Part 2: Further railway works authorised by this Order

SCHEDULE 2 Land which may be acquired

SCHEDULE 3 Part 1: Structures to which brackets, cables, wires or other fixtures may be attached

Part 2: Land upon which poles may be erected

SCHEDULE 4 Under road basements which may in whole or in part be acquired or affected.

SCHEDULE 5 New roads which may be constructed

SCHEDULE 6 Public roads which may be altered

SCHEDULE 7 Rights of way and other rights which may be acquired

SCHEDULE 8 Part 1: Public rights of way which may be extinguished

Part 2: Private rights which may be extinguished

SCHEDULE 9 Rights of way which may be temporarily interrupted

SCHEDULE 10 Land which may be temporarily occupied

SCHEDULE 11 Conditions

I, Martin Cullen, Minister for Transport, in exercise of the powers conferred on me by section 43 of the Transport (Railway Infrastructure) Act 2001 (No. 55 of 2001) (as adapted by the Public Enterprise (Alteration of Name of Department and Title of Minister) Order 2002 ( S.I. No. 305 of 2002 )), being of the opinion, after consideration of an application submitted on 1 December 2005 to me by the Railway Procurement Agency for an Order to authorise railway works between Connolly and The Point in the City of Dublin, the draft of that Order together with the Schedules thereto, the plan of the proposed railway works, the book of reference to the plan, the environmental impact statement that accompanied the application, the Report of the Public Inquiry duly held, the recommendations contained therein and the submissions made to me pursuant to sections 40 and 41 of that Act and not withdrawn, and being of opinion that the application should be granted and being also of the opinion that the rights in, over or under public roads specified in this Order with the consent of the Minister for the Environment, Heritage and Local Government are necessary for giving effect to this Order, hereby order as follows:

PART 1 Preliminary

Citation.

1. This Order may be cited as the Railway (Dublin Light Rail Line C1 — Connolly to The Point) Order 2006.

Interpretation.

2. In this Order —

“Act of 1993” means the Roads Act 1993 (No. 14 of 1993);

“Agency” means the Railway Procurement Agency or a person with whom, or with which, the Railway Procurement Agency has made an arrangement pursuant to section 43 (6) of the Principal Act;

“construct” includes build, make, and put together;

“execute” includes construct, maintain and improve, and cognate words shall be construed accordingly;

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

“Minister” means the Minister for Transport;

“plan” means the plan of the proposed railway works submitted to the Minister pursuant to section 37 (2) of the Principal Act;

“Principal Act” means the Transport (Railway Infrastructure) Act 2001 (No. 55 of 2001);

“public road” means a public road within the meaning of the Act of 1993 or a road which becomes a public road during the currency of this Order;

“relevant road authority”, in relation to a road or a proposed road, means the road authority in whose functional area the road lies or is proposed to be constructed;

“rights”, in relation to rights over land, water or a road, includes rights to do, place or maintain anything in, on, over or under that land, water or road;

“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;

“sanitary authority” has the meaning assigned to it by the Environmental Protection Agency Act 1992 (No. 7 of 1992);

“stop” means a halting place where passengers or intending passengers may alight from or board light railway vehicles.

Incorporation of enactments.

3. The Regulation of Railways Acts 1840 to 1889 and any other Act relating to railways apply to the light railway authorised by this Order so far as they are applicable for the purposes of, and are not inconsistent with or varied by, this Order, and the Principal Act, together with this Order, shall be deemed to be the Special Act for the purposes of those enactments.

Designation of railway.

4. The railway to which the railway works authorised by this Order relate is designated as a light railway.

Construction of railway works and operation of light railway.

5.—(1) The Agency may construct, maintain, improve and, subject to section 11 (7) of the Principal Act, operate the light railway or the railway works specified in this Order or any part thereof in the manner and subject to the conditions (including, in particular, the conditions set out in Schedule 11), restrictions and requirements specified in this Order.

Deviation.

6.—(1) In executing any railway works the Agency may —

Power to alter the layout of public roads.

7.—(1) In exercise of the powers conferred by section 50 of the Principal Act and subject to that section and to paragraph (2), the Agency may in connection with or for the purpose of railway works on, in, over, under or adjacent to any public road and in accordance with the plan do any one or more of the following:

Temporary closure of public roads.

8.—(1) Subject to paragraph (2), the Agency may, for the purpose of executing railway works or for any purpose incidental thereto, request the relevant road authority by order to temporarily close a public road to traffic, and paragraphs (2) to (8) apply in relation to such a request.

and the temporary closure shall not take effect earlier than the date specified in the notice of intention under paragraph (3). The notice of decision required to be given by this paragraph shall contain the information specified in paragraph (2).

New roads.

9. For convenience of reference, there is set out in Schedule 5 the form used in the book of reference in respect of new roads required to be constructed in connection with the railway works authorised by this Order (of which none were identified).

Bridges.

10.—(1) Subject to paragraph (2), the Agency shall maintain at its own expense each bridge constructed by the Agency pursuant to this Order to carry the light railway over a public road or a waterway or to carry a public road over the light railway.

Fixing of brackets to buildings and erection of poles.

11.—(1) The Agency may enter on the lands specified in Part 1 of Schedule 3 and may attach to any wall, house, building or structure thereon any bracket, cable or wire or other fixture required for or in connection with the construction, operation or maintenance of a light railway authorised by this Order.

Underpinning of buildings.

12.—(1) The Agency may, in accordance with section 48 of the Principal Act enter on any land and underpin or otherwise strengthen any house, building or structure affected or likely to be affected by the railway works where the Agency considers it necessary or expedient to do so for the purpose of preventing or minimising injury, loss or damage to that house, building or structure or any part thereof.

Discharge of water.

13.—(1) Subject to paragraphs (2) and (3), the Agency may use any public watercourse, sewer or drain for the drainage of water in connection with the execution of the railway works and the operation or maintenance of the light railway, and for that purpose may make any convenient connections with any such watercourse, sewer or drain.

Characteristics of the light railway.

14.—(1) The light railway shall be operated by electrical or any other mechanical motive power.

Period within which the Agency is authorised to carry out railway works.

15.—(1) So far as is reasonably practicable, execution of the railway works authorised by this Order shall be substantially completed by the end of the period of 6 years beginning on the commencement of this Order.

PART 3 Acquisition and Possession of Land

Power to acquire land.

16.—(1) Subject to the Principal Act, the Agency may acquire compulsorily and use all or such part of the lands shown on the plan and specified in Schedule 2 as the Agency requires for the purposes of the execution of the railway works and the operation of the light railway or for purposes incidental or ancillary to those purposes.

Acquisition of rights.

17. Subject to the Principal Act, the Agency may acquire compulsorily such rights over the lands, water or roads shown on the plan and specified in Schedule 7 as are required for the purposes of the execution of the railway works and the operation of the light railway authorised by this Order, together with such rights as are necessary for the full and free exercise at all times of the first-mentioned rights.

Extinguishment of rights of way.

18.—(1) For convenience of reference, there is set out in Part 1 of Schedule 8 the form used in the book of reference in respect of public rights of way required to be extinguished in connection with the railway works authorised by this Order (in respect of which none were identified).

Use of air space.

19.—(1) Without prejudice to Article 16, the Agency may enter on and use so much of the air-space over a road as is reasonably required for the purposes of, or in connection with, the light railway authorised by this Order.

Temporary possession of land.

20.—(1) Subject to the Principal Act, the Agency may enter upon and take temporary possession of the lands specified in Schedule 10 or any part of those lands.

Period within which the Agency may compulsorily acquire land and interests in land.

21.—(1) The powers conferred on the Agency by this Order to compulsorily acquire land or rights over land, water or a road and the power conferred by Article 20 to enter upon and take temporary possession of land shall cease at the end of the period of 6 years beginning on the commencement of this Order.

PART 4 Miscellaneous and General

Interference with apparatus.

22.—(1) This Article applies where it appears to the Agency, in relation to apparatus in the vicinity of a place in which it proposes to execute railway works authorised by this Order, that —

“apparatus” means any item of infrastructure (including, in particular, any sub-station inspection chamber, junction box, booster station, pipe, sewer, drain, duct, tunnel conduit, wire, cable, fibre or insulator) used for or in connection with the provision or acceptance of a service to the public;

“undertaker”, in relation to apparatus, means a person or body with power and authority independently of the operation of this Order, to locate or relocate the apparatus, or cause it to be located or relocated, as provided for in this Article.

Arbitration.

23.—(1) Paragraphs (2) to (4) apply to any dispute arising between the Agency and any other party in relation to the execution of railway works authorised by this Order or the exercise by the Agency of the powers granted by this Order.

either party may apply to the Chairman for the time being of the Irish Branch of the Chartered Institute of Arbitrators for the appointment of an arbitrator;

Agreement between the Agency and a road authority.

24. The Agency may, from time to time, enter into and carry into effect and thereafter from time to time alter, renew or vary contracts, agreements or arrangements with a road authority in regard to —

and the proportion to be paid by them, or either of them, of the expenses of any such works.

Interference with roads.

25. If, in the course of constructing or maintaining the light railway, the Agency interferes with any road, it shall make good all damage done by it to the road.

Rights of third parties to open up roads, etc.

26.—(1) Subject to paragraphs (2) and (3), nothing in this Order takes away or abridges any power lawfully vested in any person to open or break up any road in which a light railway is laid or to lay down, repair, alter or remove any apparatus, as defined in Article 22.

SCHEDULE 1 PART 1: DESCRIPTION OF THE RAILWAY WORKS AUTHORISED BY THIS ORDER

Area 16

Work No. 1

A light railway approximately 487 metres in length consisting of double lines of light railway connecting to the existing track system, commencing at match line O1 approximately 38 metres south of the southern end of the platform ramps of the existing Connolly stop, and running in a southerly direction and then in an easterly direction crossing Harbourmaster Place (to be realigned) and continuing in an easterly direction along Mayor Street Lower (to be realigned), crossing Georges Dock on the existing bridge (to be widened and refurbished) and crossing Commons Street (to be realigned) and ending at match line O, east of Common Street, as shown on Plan No. C1 RO 16 O-O.

Work No. 2

A light railway approximately 88 metres in length consisting of double lines of light railway connecting to the existing track system, commencing at match line O approximately 17 metres east of the centre of the existing Busáras stop in Store Street and running in an easterly direction, crossing Amiens Street (to be realigned) and continuing in an easterly direction along Mayor Street Lower (to be realigned), and connecting with the proposed railway described in Work No. 1 at match line O2 approximately 162 metres west of the centreline of the proposed George's Dock stop, as shown on Plan No. C1 RO 16 O-O.

Area 17

Work No. 1

A light railway approximately 505 metres in length consisting of double lines of light railway commencing at match line O, east of Common Street, and running in an easterly direction along Mayor Street Lower (to be realigned), crossing Guild Street (to be realigned horizontally and vertically) and then Spencer Dock on a new bridge (to be constructed) and continuing in an easterly direction, initially along the median of a new roadway (to be constructed), through lands (to be developed incorporating two new roadways to be constructed and crossed at grade) and ending at match line A approximately 5 metres west of the existing wall bounding the western cul de sac section of Mayor Street Upper, as shown on Plan No. C1 RO 17 O-A.

Work No. 2

A light railway approximately 512 metres in length consisting of double lines of light railway and a single track siding of length approximately 91 metres at its eastern terminus commencing at match line A, and running in an easterly direction along Mayor Street Upper to be realigned, crossing New Wapping Street, Castleforbes Road and a proposed roadway to be constructed all at grade and ending at match line O, as shown on Plan No. C1 RO 17 A-O.

SCHEDULE 1 PART 2: FURTHER RAILWAY WORKS AUTHORISED BY THIS ORDER

Area 16

Work No. 1

Realign kerbs to facilitate the accommodation of a taxi rank and a vehicle turning facility in Harbourmaster Place, as shown on Plan No. C1-RO 16 O-O.

Work No. 2

Demolish part of the existing boundary wall and railing between Harbourmaster Place and the adjacent section of existing railway, as shown on Plan No. C1-RO 16 O-O.

Work No. 3

Realign kerbs on Amiens Street, Harbourmaster Place and Mayor Street Lower to form and/or redefine traffic islands, loading bays, footpaths, sections of roadway and hard landscape areas and to reflect revised traffic management arrangements, as shown on Plan No. C1-RO 16 O-O.

Work No. 4

Remove and refurbish existing balustrade on George's Dock Bridge, carry out widening of the bridge structure, realign footpaths and kerbs across the bridge and reinstate balustrades in the new positions, as shown on Plan No. C1-RO 16 O-O and, in more detail, on Plan No C1 BR 16 O-O.

Work No. 5

Construct a stop to be called “George's Dock” on Mayor Street Lower, the northern platform of which to be located between access steps to the buildings known as “George's Dock 2” and “George's Dock 3” and the southern platform of which to be located in front of the building known as CHQ (formerly Stack A), as shown on Plan No. C1-RO 16 O-O and, in more detail, on Plan No. C1-ST 16 O-O.

Work No. 6

Construct a technical cubicle south of the proposed George's Dock stop at the eastern side of the building known as CHQ, as shown on Plan No. C1-RO 16 O-O.

Work No. 7

Re-configure the layout of the junction of Commons Street and Mayor Street Lower, as shown on Plan No. C1-RO 16 O-O.

Work No. 8

Remove the existing taxi rank located on the south side of Mayor Street Lower adjacent to and east of the Commons Street junction, as shown on Plan No C1-RO 16 O-O.

Area 17

Work No. 1

Realign kerbs on Mayor Street Lower and Mayor Street Upper, as shown on Plan No. C1-RO 17 O-A and Plan No C1 RO 17 A-O.

Work No. 2

Construct a stop to be called “Mayor Square” stop located on Mayor Street Lower at Mayor Square adjacent to the buildings occupied by the National College of Ireland, as shown on Plan No. C1-RO 17 O-A and, in more detail, on Plan No C1-ST 17 O-A1 and Plan No. C1-ST 17 O-A2.

Work No. 3

Construct a technical cubicle at the western side of building defining the northern boundary of Mayor Square, as shown on Plan No. C1-RO 17 O-A.

Work No. 4

Realign the junction of Mayor Street Lower and Guild Street horizontally and vertically to connect with a new bridge over Spencer Dock, as shown on Plan No. C1 RO 17 O-A and, in more detail, on Plan No C1-BR 17 O-A1 and Plan No C1-BR 17 O-A2.

Work No. 5

Construct a bridge over the Royal Canal at Spencer Dock spanning from Guild Street on the western side of the canal to the Spencer Dock site on the eastern side of the canal, as shown on Plan No C1-RO 17 O-A and, in more detail, on Plan No C1-BR 17 O-A1 and Plan No. C1-BR 17 O-A2.

Work No. 6

Demolish a portion of the existing wall forming the eastern boundary of Guild Street in the vicinity of the proposed new bridge, as shown on Plan No. C1-RO 17 O-A

Work No. 7

Construct a utility services duct underneath the Royal Canal with access shafts on both sides of the canal, as shown on Plan No. C1-RO 17 O-A.

Work No. 8

Construct a new roadway providing access to and egress from the Spencer Dock site, east of the canal, from Guild Street via the proposed new bridge, as shown on Plan No. C1-RO 17 O-A.

Work No. 9

Construct a stop to be called “Spencer Dock” stop located on the proposed Station Square as shown on Plan No. C1-RO 17 O-A, and in more detail, on Plan No C1-ST 17 O-A3 and Plan No. C1-ST 17 O-A4.

Work No. 10

Construct an electricity substation and technical cubicle below ground underneath the proposed Spencer Dock stop, as shown on Plan No. C1-RO 17 O-A.

Work No. 11

Demolish a portion of the existing boundary wall at the western end of Mayor Street Upper, as shown on Plan No. C1-RO 17 A-O

Work No. 12

Construct a stop to be called “The Point” stop located adjacent to the main entrance to The Point Theatre. The stop is bounded on the north side by the proposed Point Village development, as shown on Plan No. C1-RO 17 A-O and, in more detail, on Plan No C1-ST 17 A-O1 and Plan No C1-ST 17 A-O2.

Work No. 13

Demolish a portion of the existing boundary walls and fences at the eastern end of Mayor Street Upper, as shown on Plan No. C1-RO 17 A-O.

Work No. 14

Construct a technical cubicle on the proposed footpath along the western side of the proposed new road to be constructed by others north of Mayor Street Upper, as shown on Plan No. C1-RO 17 A-O.

Work No. 15

Demolish part of an existing building located north west of The Point Theatre in the vicinity of the proposed “The Point” stop, as shown on Plan No. C1-RO 17 A-O.

SCHEDULE 2 Land which may be acquired

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