Transport (Railway Infrastructure) Act, 2001

Provisions in relation to railway order.

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

(2) Without prejudice to the generality of subsection (1)

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

(b) the order may specify any rights in, under or over land or water or, subject to the consent of the Minister for the Environment and Local Government, in, under or over any public road, the acquisition of which is, in the opinion of the Minister, necessary for giving effect to the order,

(c) the order may 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) the order may fix the period within which the construction of the railway works is to be completed,

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

(f) the order may contain such provisions as the Minister thinks proper for the protection of the public generally, of local communities and of any persons affected by the order,

(g) the order may provide for the determination by arbitration of any specified questions arising thereunder,

(h) the order may contain such provisions ancillary or incidental to any of the matters aforesaid as the Minister considers necessary and proper.

(3) The Minister may, in a railway order, designate the railway to which the order relates as a light railway or as a metro.