S.I. No. 59/1999 - Transport (Dublin Light Rail) Act, 1996 (Line a -Tallaght To Abbey Street Light Railway) Order, 1999.

ARRANGEMENT OF SECTIONS

PART I

Preliminary

PART II

Works Provisions

PART III

Acquisition and Possession of Land

PART IV

Miscellaneous and General

S.I. No. 59 of 1999.

TRANSPORT (DUBLIN LIGHT RAIL) ACT, 1996 (LINE A — TALLAGHT TO ABBEY STREET LIGHT RAILWAY) ORDER, 1999.

I, MARY O'ROURKE, Minister for Public Enterprise, in exercise of the powers conferred on me by Section 9 of the Transport (Dublin Light Rail) Act, 1996 (No. 24 of 1996) as amended by the Roads (Amendment) Act, 1998 (No. 23 of 1998) and the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1998 ( S.I. No. 351 of 1998 ); being of the opinion, after consideration of an application dated 22 July, 1998 made by Córas Iompair Éireann, that the said application should be granted, hereby order as follows:

PART I

Preliminary

Short title.

1. This Order may be cited as the Transport (Dublin Light Rail) Act, 1996 (Line A — Tallaght to Abbey Street Light Railway) Order, 1999.

Interpretation.

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

“the Act” means the Transport (Dublin Light Rail) Act, 1996 (No. 24 of 1996).

“apparatus” includes any sub-station, inspection chamber, junction box, booster station, pipe, sewer, drain, duct, tunnel, conduit, wire, cable, fibre, insulator or other thing used by a utility for or in connection with the provision of a service to the public;

“authorised works” means the works authorised by this Order;

“the book of reference” means the book of reference submitted to the Minister with the application for this Order;

“deposited plan” means the plan submitted to the Minister with the application for this Order;

“light railway” means a way formed above, on or under the ground by parallel rails together with vehicles having wheels flanged or otherwise suitable only for use on and to be guided by such rails the entire being designed to transport passengers mainly in an urban area and to a greater or lesser extent on public roads;

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

“mechanical power” means electrical or any motive power other than animal power;

“relevant road authority” means a road authority in whose functional area the Board proposes to exercise powers conferred on it by this Order;

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

“utility” means any person or body (other than the Board) including a local authority providing services to the public generally or to any section or member of the public pursuant to powers and duties in that behalf contained in any Statute or pursuant to any licence or permit granted pursuant to any Statute;

“works” includes the doing, making, laying down, placing, erection, maintenance, operation and use of anything deemed necessary or desirable for or in connection with the construction, operation, maintenance, efficiency, safety and security of a light railway and authorised expressly or by necessary implication by this Order.

(2) References in this Order to rights over land include references to rights to do or to place or maintain anything in, on, over or under land.

Incorporation of enactments.

3. The Regulation of Railways Acts 1840 - 1889 and any other Act relating to railways shall 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 the provisions of this Order and the Act together with this Order shall be deemed to be the Special Act for the purposes of those enactments.

PART II

Works Provisions

Conditions attaching to the Order.

4. The powers granted to the Board under this Order shall be exercised subject to the conditions set out in the Eleventh Schedule to this Order.

Construction of works.

5. (1) Subject to the provisions of this Order, the Board may on the lines in the places and according to the levels shown on the deposited plan, do, make, construct and maintain the works specified in Part 1 of the First Schedule to this Order and all other works necessary or ancillary in connection therewith.

(2) Subject to the provisions of this Order, the Board may on the lines in the places and according to the levels shown on the deposited plan do, make, construct and maintain the further works described in Part 2 of the First Schedule to this Order and all other works necessary or ancillary thereto.

(3) Subject to Section 16 of the Act, the Board may break open a public road having given not less than 7 days prior notice to the relevant road authority and may remove, appropriate and use the soil or other materials therein or thereunder.

General powers of the Board.

6. (1) In constructing or maintaining any of the light railway works the Board may:—

(a) where such works are situated in or adjacent to a public road

(i) deviate laterally by an amount not exceeding 1.0 metre from the lines or situations shown on the deposited plan,

(ii) deviate vertically by an amount not exceeding 0.3 metres upwards or downwards as the case may be from the levels shown on the deposited plan,

(iii) deviate longitudinally by an amount not exceeding 10 metres in respect of any light rail work.

(b) where such works are situated otherwise than in or adjacent to a public road

(i) deviate laterally by an amount not exceeding 2.5 metres from the lines or situations shown on the deposited plan,

(ii) deviate vertically by an amount not exceeding 0.75 metres upwards or downwards as the case may be from the levels shown on the deposited plan,

(iii) deviate longitudinally by an amount not exceeding 10 metres in respect of any light rail work.

(2) The Board may in constructing or maintaining light railway works lay down either single or interlacing tracks of parallel rails in places where double tracks are shown on the deposited plan.

Power to alter the layout of public roads.

7. (1) Subject to the provisions of paragraph (2) of this Article the Board may in connection with or for the purpose of light railway works in or adjacent to any public road and in accordance with the deposited plan:—

(a) increase the width of the carriageway of the road by reducing the width of any footway, cycle track, verge or other land within the boundary of the said road;

(b) alter or interfere with the level of any kerb, footway, cycle track, verge or other land within the boundary of the said road; or

(c) reduce the width of the carriageway of the road; or

(d) carry out works to the carriageway of the road for the purpose of deterring or inhibiting vehicles other than light rail vehicles from passing along the tracks of the light railway.

(2) Before exercising any power under paragraph (1) of this Article, the Board shall obtain the consent of the relevant road authority which consent shall not be unreasonably withheld or delayed.

(3) The works authorised by this Order may be done, made, constructed and maintained in, upon and under the public roads specified in the Sixth Schedule to this Order.

Temporary closure of roads.

8. (1) Subject to the provisions of paragraph (2) of this Article, the Board may, for the purpose of carrying out light railway works or for any purpose incidental thereto request a relevant road authority by order temporarily to close a public road to traffic and the following provisions shall apply in relation to such request:—

(a) The Board shall give to the relevant road authority notice in writing of its requirement to close such public road and such notice shall,

(i) specify the road which is required to be temporarily closed,

(ii) state a period for which, in the reasonable opinion of the Board, it is necessary to temporarily close such road,

(iii) give particulars of any alternative route or routes if any which the Board believes will be available while such road is temporarily closed,

(iv) contain a brief description of the works which the Board proposes to carry out while such road is temporarily closed;

(b) Within 12 days of the receipt by a road authority of such notice as aforesaid such road authority shall give at least 14 days notice of its intention to close the said road

(i) in one or more newspapers circulating in the area in which the road is situated, and

(ii) in writing to the Superintendent of the Garda Síochána within whose district the road is situated;

(c) Such notice required to be given by sub-paragraph (b) shall

(i) contain the information set out in the notice furnished to such road authority by the Board, and

(ii) state that objections may be made in writing to the road authority in relation to the proposed temporary closure of the said road before a specified date (which date shall not be less than 3 days after the publication of such notice);

(d) A road authority shall consider any objections made to it in writing pursuant to sub-paragraph (c) and not withdrawn;

(e) Where a road authority having complied with subparagraphs (b), (c) and (d) of this paragraph decides to close a public road it shall give at least 7 days notice of its decision to close such road

(i) in the newspaper or newspapers circulating in the area where the notice of its intention to temporarily close the road was published, and

(ii) in writing to the Superintendent of the Garda Síochána within whose district the road is situated,

and such temporary closure shall not take effect on a date which is earlier than that specified in the notice of intention under sub-paragraph (b). The notice of decision required to be given by this sub-paragraph shall contain the information specified in sub-paragraph (a) of this paragraph;

(f) The Board shall provide reasonable access for pedestrians going to or from premises abutting on a public road affected by the exercise of the powers conferred by this Article if there would otherwise be no such access;

(g) The Board shall provide such access for vehicular traffic along the public road affected by the exercise of the powers conferred by this Article as the Board may from time to time consider reasonable having regard to the nature of the works and the need to preserve the safety of persons and vehicles which may be permitted to use the said public road and the Board may impose such restrictions and conditions upon the passage of vehicles as it may consider reasonable in the circumstances.

(2) Paragraph (1) of this Article shall not apply to the carrying out by the Board of emergency works necessary to eliminate or reduce danger or risk to persons or property.

Construction of new roads.

9. (1) The Board may, with the consent of the relevant road authority, construct the new roads specified in the Fifth Schedule to this Order with all necessary works connected therewith either by way of diversion from or in substitution for an existing public road or as an additional road.

(2) Each new road constructed under this Article shall when completed, unless otherwise agreed between the Board and the road authority, be maintained by and at the expense of the Board for a period of 12 months from the date of completion and at the expiration of that period shall be maintained by and at the expense of the road authority in whose functional area such new road is situated.

(3) Should any dispute occur in relation to any of the provisions of this Article between the Board and the road authority such dispute shall be referred to arbitration in accordance with the provisions of Article 24 of this Order.

Construction of bridges.

10. Wherever the Board is authorised by this Order to construct a bridge to carry a light railway over any public road, motorway or waterway or, as the case may be to carry any public road over a light railway the following provisions shall apply in relation to the construction and maintenance of such bridge:—

(a) Where any such bridge carries the light railway, such bridge shall be maintained by the Board at its own expense:

(b) Where such bridge carries a public road the Board shall maintain such bridge at its own expense provided however that in relation to the maintenance of a road surface of such bridge the Board and the road authority may enter into agreements upon such terms as may be agreed between them for the maintenance, improvement, or relaying of such road surface whether by the Board, a contractor employed by the Board for that purpose, or by the road authority or any contractor on its behalf.

Fixing of brackets to buildings and erection of poles

11. (1) The Board may enter upon the lands specified in Part 1 of the Third Schedule to this Order 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.

(2) The Board may enter upon the lands specified in Part 2 of the Third Schedule to this Order and may erect thereon any pole or poles required for or in connection with the construction, operation or maintenance of a light railway.

Underpinning of buildings.

12. (1) The Board may in accordance with the provisions of Section 14 of the Act enter on any land and underpin or otherwise strengthen any house, building or structure affected or likely to be affected by light railway works where the Board considers it necessary or expedient to do so for the purpose of preventing or minimising injury, loss or damage to such house, building or structure or any part thereof.

(2) Where any house, building, or other structure has been underpinned or strengthened in accordance with the provisions of Section 14 of the Act and this Article the Board may from time to time thereafter and in accordance with the provisions of the said Section 14 and the provisions of this Article re-enter on any land and do such further underpinning or strengthening as the Board may deem necessary or expedient.

Discharge of water.

13. The Board may use any available stream or watercourse or any sewer or drain for the drainage of water in connection with the construction or maintenance of the light railway works and for that purpose may make any convenient connections with any such stream, watercourse, sewer or drain subject however to the following provisions:—

(a) The Board shall not discharge any water into any public watercourse, sewer or drain except with the consent of the sanitary authority to which it belongs which consent shall not be unreasonably withheld or delayed and in accordance with such terms and conditions as such sanitary authority may reasonably impose;

(b) The Board shall take such steps as may be reasonably practicable to ensure that any water discharged into any such public watercourse, sewer or drain under the powers conferred on the Board by this Article is free from soil or polluting or deleterious material;

(c) Should any dispute occur in relation to any of the provisions of this Article between the Board and the sanitary authority such dispute shall be referred to arbitration in accordance with the provisions of Article 24 of this order.

Temporary light railways.

14. (1) Where the light railway works have been constructed on a public road the Board may, for the purposes of the maintenance, upgrading or improving of the said light railway works

(a) remove or discontinue the operation of the light railway, or

(b) lay, maintain and operate in or near such light railway a temporary light railway in lieu of the afore-mentioned light railway.

(2) The Board in exercising the power contained in paragraph (1) of this Article shall, before carrying out such works, obtain the consent of the relevant road authority to the carrying out by the Board of such works as aforesaid which consent shall not be unreasonably withheld or delayed.

(3) Where the Board or the road authority is of the opinion that the public road the subject of the works referred to at paragraph (1) of this Article should properly be temporarily closed to vehicular traffic then it shall request the road authority temporarily to close to vehicular traffic the said public road and the provisions of Article 8 of this Order shall apply in relation to such temporary closure. Where the road authority is of the opinion that such public road should be temporarily closed to such traffic it shall notify such opinion in writing to the Board, whereupon the Board shall furnish a request to such road authority in accordance with the provisions of sub-paragraph (1) of Article 8 of this Order and the provisions of the said Article shall thenceforth apply in respect of such temporary closure.

Motive power.

15. (1) The light railway shall be operated by mechanical power.

(2) Where the light railway is laid on a carriageway then so far as is practicable it shall be so constructed and maintained as to ensure that the uppermost surface of the rails of the railway is generally level with the adjacent surface of such carriageway.

(3) The gauge of the light railway shall be nominally 1435mm (4ft 8½ ins).

Period for which the Board is authorised to carry out works.

16. (1) Construction of the works authorised by this Order shall be completed at the end of the period of 5 years beginning on the day upon which this Order comes into force.

(2) Paragraph (1) of this Article shall not apply to any works required for the maintenance or improvement of the light railway works or any of them.

PART III

Acquisition and Possession of Land

Power to acquire land.

17. (1) Subject to the provisions of the Act the Board may acquire compulsorily and use all or such part of the lands shown on the deposited plan and specified in the Second Schedule to this Order as the Board may require for the purposes of the light railway or for purposes incidental or ancillary to such purposes.

(2) Without prejudice to the provisions of Article 20 of this Order and subject to the provisions of the Act the Board may acquire compulsorily and use all of the basements specified in the Fourth Schedule to this Order or such parts thereof as the Board may consider necessary to acquire for the purposes of the light railway works.

Acquisition of casements.

18. Subject to the provisions of the Act the Board may acquire compulsorily such rights over all or part of the lands shown on the deposited plan and specified in the Seventh Schedule to this Order as may be required for the purposes of the light railway.

Extinguishment of rights of way.

19. Subject to the provisions of the Act the Board may—

(a) extinguish all public rights of way specified in Part 1 of the Eighth Schedule to this Order,

(b) extinguish all private rights, including rights of way, if any, specified in Part 2 of the Eighth Schedule to this Order,

(c) temporarily stop up the rights of way specified in the Ninth Schedule to this Order.

Use of air space.

20. (1) Without prejudice to the provisions of Article 17 of this Order, the Board may enter upon and use so much of the air-space over a public road as may reasonably be required for the purposes of or in connection with the light railway or the works authorised by this Order.

(2) The power under paragraph (1) may be exercised in relation to a public road without the Board being required to acquire any part of the public road or any easement or other right in relation to the surface of the public road.

Temporary possession of land.

21. (1) The Board may enter upon and take temporary possession of the lands specified in the Tenth Schedule to this Order or any part of such lands.

(2) In particular the Board may enter upon and take temporary possession of such land for the provision of working sites and access for construction purposes and for such purposes may construct and remove any structures thereon, cut and remove anything growing on such land or part thereof, and generally do all such things to and on such lands as may be required to adapt it for such working or access.

(3) Furthermore the Board may enter upon and take temporary possession of a building, part whereof may in exercise of the powers conferred on the Board by the Act and this Order have been compulsorily acquired or interfered with, for the purpose of carrying out works on the unacquired or uninterfered with part of such building with a view to minimising the damage or injury done or likely to be done by the acquisition of, removal of or interference with the part of such building so acquired or interfered with.

(4) Before giving up possession of land specified in the Tenth Schedule to this Order, the Board shall remove all temporary works and structures constructed by it on the said land and, subject to any agreement to the contrary with the owners and occupiers of the said land, shall restore the said land as for as possible to its former state to the reasonable satisfaction of the owners and occupiers.

(5) The Board shall not be required to acquire any land of which it takes temporary possession pursuant to this Article.

(6) The Board shall pay to the owners and occupiers of land of which it takes temporary possession by virtue of this Article such compensation for any loss thereby suffered as though it were loss suffered and the amount of the compensation determined in consequence of the exercise by the Board of a power conferred upon it by Section 14 of the Act.

Period in which the Board may compulsorily acquire land and interests in land.

22. (1) The powers conferred on the Board by this Order to acquire compulsorily land or rights over land and the power conferred by Article 21 of this Order to enter upon and take temporary possession of land shall cease at the end of the period of 5 years beginning on the day upon which this Order comes into force.

(2) The powers of the Board to compulsorily acquire land or rights over land shall for the purposes of this Article be deemed to have been exercised if Notice to Treat has been served in respect of such land or rights before the end of the period mentioned in paragraph (1) hereof.

(3) Notwithstanding paragraph (1) hereof the Board shall be entitled to remain in temporary possession of land pursuant to Article 21 of this Order after the end of the period mentioned in Paragraph (1) where possession of such land was taken before the end of such period.

PART IV

Miscellaneous and General

Relocation of utility apparatus.

23. (1) Wherever the Board is authorised to carry out, do, construct or maintain works by virtue of the Act and this Order and any apparatus of a utility will or may be affected in consequence thereof the following provisions shall apply:—

(a) Where land is acquired by the Board, a utility whose apparatus is under, in, over, along or across the said land or any part thereof may, and upon reasonable request by the Board, shall without unreasonable delay do one or more of the following:—

(i) remove the apparatus and place it or other apparatus provided in substitution for it in such other position or location as may be agreed with the Board;

(ii) provide other apparatus in substitution for the existing apparatus and place it in such position or location as may be agreed with the Board;

(iii) take such further or other steps or make such further or other provision with the agreement of the Board as may secure the apparatus of the utility and the works of the Board and the proper functioning of each of them respectively from mutual interference or damage.

(b) Where the apparatus of a utility is under, in, upon, over, along or across a public road the utility may and, upon reasonable request by the Board, shall without unreasonable delay do any one or more of the following:—

(i) remove the apparatus and place it or other apparatus provided in substitution for it in such other position or location as may be agreed with the Board,

(ii) provide other apparatus in substitution for the existing apparatus and place it in such position or location as may be agreed with the Board.

(iii) take such further or other steps or make such further or other provision with the agreement of the Board as may secure the apparatus of the utility and the works of the Board and the proper functioning of each of them respectively from mutual interference or damage.

(2) (a) Subject to the provisions of sub-paragraph (b), the Board shall pay to a utility an amount equal to the cost reasonably incurred by that utility in or in connection with the discharge by that utility of obligations on it arising pursuant to paragraph (1) of this Article;

(b) (i) Where a utility in the course of the discharge of obligations arising pursuant to paragraph (1) above causes its apparatus or any part thereof to be improved whether as to type, construction, design layout, placement or in any other respect, the sum payable by the Board pursuant to sub-paragraph (a) of this paragraph shall nevertheless not exceed the cost that would have been reasonably incurred by the utility if the improvement had not been effected.

(ii) Where the discharge by a utility of obligations arising pursuant to paragraph (1) results in benefit to the utility a sum equivalent to the reasonable value of such benefit as agreed with the Board or in default of agreement determined on arbitration pursuant to Article 24 hereof shall be deductible by the Board from any sum otherwise payable to the utility pursuant to sub paragraph (a) of this paragraph.

(3) A utility may permit the Board to carry out or cause to be carried out such portion of the works as the utility may agree in accordance with such conditions as may be agreed between the Board and the utility provided however that a utility shall not be obliged to enter into any such agreement.

Arbitration.

24. Should any dispute arise between the Board and a utility in relation to the carrying out, doing, construction or maintenance of any of the light railway works authorised by this Order, or in relation to any matter referred to in Article 23 hereof, the following provisions shall apply:

(a) The Board and the utility shall use their best endeavour to resolve any such dispute on terms acceptable to the Board and the utility;

(b) If after such period as the Board or the utility considers reasonable such dispute has not been resolved to the satisfaction of both parties the following provisions shall apply

(i) Either party may be 14 days notice in writing to the other party require the subject matter of the dispute to be submitted to a single Arbitrator and shall in such notice nominate a person to arbitrate upon the subject matter of the dispute;

(ii) The party receiving such notice may within the said period of 14 days by a counter notice either

(A) accept the Arbitrator nominated by the party serving the original notice or

(B) nominate not less than two alternative persons to act as such Arbitrator;

(iii) If any one of the persons nominated by the parties is acceptable to both parties of the dispute then the subject matter of the arbitration shall be referred to such Arbitrator as soon as may be after such Arbitrator has indicated his or her willingness to act as Arbitrator;

(iv) If after service of such notice and such counter-notice the parties fail to agree upon an Arbitrator or if an Arbitrator agreed upon has failed to indicate within 14 days of being so requested his or her willingness to act then either the Board or the utility 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;

(v) Where the Arbitrator is so appointed by the Chairman of the Irish Branch of the Chartered Institute of Arbitrators he or she shall notify the Board and the utility in writing of his or her appointment as soon as may be thereafter and shall conduct the arbitration in accordance with the rules of the Irish Branch of the said Institute.

(vi) The provisions of the Arbitration Acts, 1954 - 1980 shall apply to the arbitration and the decision of the Arbitrator in relation to the dispute and all matters connected therewith shall be binding on the parties thereto.

Agreement between the Board and road authorities.

25. The Board 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 relevant road authority in regard to the laying down, making, paving, metalling or keeping in repair of any public road and the light railway thereon or in respect of altering the levels of the whole or any part of any public road in which the Board is authorised to lay down the light railway and the proportion to be paid by them or either of them of the expenses of laying down, making, paving, metalling or keeping in repair or altering the level of such public road and light railway.

Interference with roads.

26. If in the course of constructing or maintaining the light railway the Board shall interfere with any public road it shall make good all damage done by it to such road. If any dispute shall arise between the Board and any relevant road authority same shall be referred to arbitration in accordance with the provisions of Article 24 of this Order.

Rights of utilities.

27. Nothing in this Order shall take away or abridge any power to open or break up any road in which a light railway is laid or any other power vested in any utility for the purpose of laying down, repairing, altering or removing any apparatus. However, in relation to the exercise of such power the following provisions shall apply:—

(i) Such power shall not be capable of being exercised without the prior consent in writing of the Board which consent shall not be unreasonably withheld or delayed,

(ii) A utility in exercising such powers with the consent of the Board shall in all respects comply with any reasonable conditions specified by the Board as necessary for or in connection with the construction maintenance or operation of the light railway or the light railway works for the protection of the light railway.

Expenses of Minister.

28. Any expenses incurred by the Minister in the exercise of his or her powers and functions under the Act and this Order shall to such extent as may be determined by the Minister for Finance be paid to the Minister by the Board.

Proposed

TRANSPORT (DUBLIN LIGHT RAIL) ACT, 1996

ORDER 1998

FIRST SCHEDULE

Part 1 Description of the works authorised by this Order.

Part 2 Further works authorised by this Order.

FIRST SCHEDULE — PART 1

Description of the works authorised by this Order.

AREA 1

Work No. 1

A light railway approximately 386 metres in length consisting of double lines of light railway commencing on the Old Blessington Road immediately to the south of the South Dublin County Council Headquarters at match line O and running in a westerly direction, traversing the Tallagh Hospital access road and then turning in a northerly direction and ending at match line A as shown on Plan No. RO 1 O-A.

Work No. 2

A light railway approximately 543 metres in length consisting of double lines of light railway commencing at match line A and running in a northern direction crossing the roundabout on Cookstown Way located south west of the Tallaght Regional Hospital and running to the west of the Tallaght Regional Hospital and to the east of Cookstown Way and ending at match line B as shown on Plan No. RO 1 A-B.

Work No. 3

A light railway approximately 494 metres in length consisting of double lines of light railway commencing at match line B and running in a north westerly direction to Cookstown Industrial Estate and then turning in a northerly direction and ending at match line C as shown on Plan No. RO 1 B-C.

Work No. 4

A light railway approximately 505 metres in length consisting of double lines of light railway commencing at match line C and running in a north easterly direction to the south east of Belgard Heights and ending at match line D as shown on Plan No. RO 1 C-D.

Work No. 5

A light railway approximately 522 metres in length consisting of double lines of light railway commencing at match line D and running in an easterly direction and crossing Old Belgard Road and continuing in an easterly direction and then crossing Belgard Road and running immediately to the north of Walkinstown Embankment Road and ending at match line E as shown on Plan No. RO 1 D-E.

Work No. 6

A light railway approximately 517 metres in length consisting of double lines of light railway commencing at match line E and running in an easterly direction to the north of Walkinstown Embankment Road and ending at match line F at the intersection of Walkinstown Embankment Road with Sylvan Drive as shown on Plan No. RO 1 E-F.

Work No. 7

A light railway approximately 385 metres in length consisting of double lines of light railway commencing at match line F and running in an easterly direction from the intersection of Walkinstown Embankment Road with Sylvan Drive and ending at match line O as shown on Plan No. RO 1 F-O.

AREA 2

Work No. 1

A light railway approximately 595 metres in length consisting of double lines of light railway commencing at match line O and running in an easterly direction to the north of Walkinstown Embankment Road and then turning in a northerly direction to the north and west of the intersection of Walkinstown Embankment Road with the Western Parkway Motorway and running in a northerly direction to the west of the Western Parkway Motorway and ending at match line A as shown on Plan No. RO 2 O-A.

Work No. 2

A light railway approximately 541 metres in length consisting of double lines of light railway commencing at match line A and running in a northerly direction to the west of the Western Parkway Motorway and ending at match line B as shown on Plan No. RO 2 A-B.

Work No. 3

A light railway approximately 548 metres in length consisting of double lines of light railway commencing at match line B and running in a northerly direction and turning in a westerly direction to the north of a depot to be constructed and then turning in a northerly direction and ending at matcvh line C as shown on Plan No. RO 2 B-C.

Work No. 4

A light railway approximately 266 metres in length consisting of double lines of light railway commencing at match line C and running in an easterly direction by means of an Overbridge to be constructed over the Western Parkway Motorway immediately to the south of the intersection of the Western Parkway Motorway with the Naas Road and ending on the southern side of the Naas Road at the intersection of the Naas Road with Turnpike Road at match line O as shown on Plan No. RO 2 C-O.

AREA 3

Work No. 1

A light railway approximately 153 metres in length consisting of double lines of light railway commencing at the intersection of the Naas Road with Turnpike Road on the south at match line O and running in an easterly direction to match line A as shown on Plan No. RO 3 O-A.

Work No. 2

A light railway approximately 519 metres in length consisting of double lines of light railway commencing at match line A on the southern carriageway of the Naas Road and then turning in a northerly direction so as to cross the southern carriageway of the Naas Road and then turning in a north easterly direction and running along and adjacent to the centre reservation of the Naas Road and ending at match line B as shown on Plan No. RO 3 A-B.

Work No. 3

A light railway approximately 528 metres in length consisting of double lines of light railway commencing at match line B and running in a north easterly direction along and adjacent to the centre reservation of the Naas Road and crossing in a north easterly direction the intersection of the Naas Road with Killeen Road on the north and Longmile Road on the south and running in a north easterly direction along and adjacent to the centre reservation of the Naas Road and ending at match line C as shown on Plan No. RO 3 B-C.

Work No. 4

A light railway approximately 524 metres in length consisting of double lines of light railway commencing at match line C and running in an easterly direction along and adjacent to the centre reservation of the Naas Road to the intersection of the Naas Road with Old Naas Road on the north and Robinhood Road on the south and running in an easterly direction and ending at match line D as shown on Plan No. RO 3 C-D.

Work No. 5

A light railway approximately 536 metres in length consisting of double lines of light railway commencing at match line D and running in an easterly direction along and adjacent to the centre of the Naas Road traversing the intersection of the Naas Road with Kylemore Road on the north and Walkinstown Avenue on the south and then continuing in an easterly direction and ending at match line E as shown on Plan No. RO 3 D-E.

Work No. 6

A light railway approximately 536 metres in length consisting of double lines of light railway commencing at match line E and running in an easterly direction and crossing the intersection of the Naas Road with Old Naas Road on the north and Muirfield Road on the south and then turning and running in a northerly direction in the centre of the Naas Road and ending at match line F as shown on Plan No. RO 3 E-F.

Work No. 7

A light railway approximately 249 metres in length consisting of double lines of light railway commencing at match line F and running in a northerly direction along the centre of Naas Road and ending at match line O to the south of the intersection of Naas Road with Davitt Road as shown on Plan No. RO 3 F-O.

AREA 4

Work No. 1

A light railway approximately 550 metres in length consisting of double lines of light railway commencing at match line O to the south of the intersection of Naas Road with Davitt Road and then turning in an easterly direction and running along the northern side of Davitt Road and to the south of the Grand Canal and continuing in an easterly direction and ending at match line A as described on Plan No. RO 4 O-A.

Work No. 2

A light railway approximately 541 metres in length consisting of double lines of light railway commencing at match line A and running in an easterly direction on the northern side of Davitt Road and to the south of the Grand Canal and ending at match line B adjacent to the second lock of the Grand Canal as shown on Plan No. RO 4 A-B.

Work No. 3

A light railway approximately 434 metres in length consisting of double lines of light railway commencing at match line B and running in an easterly direction on the northern side of Davitt Road and to the south of the Grand Canal and ending at the intersection of Davitt Road with Suir Road to the north, Slievenamon Road to the south and Dolphin Road and Grand Canal View to the east at match line O as shown on Plan No. RO 4 B-O.

AREA 5

Work No. 1

A light railway approximately 494 metres in length consisting of double lines of light railway commencing at match line O and running in an easterly direction over a new bridge to be constructed over the Grand Canal to the east of Suir Road and continuing in an easterly direction along the bed of the former canal and ending at match line A at the mid-point of Rialto Bridge as shown on Plan No. RO 5 O-A.

Work No. 2

A light railway approximately 531 metres in length consisting of double lines of light railway commencing at match line A and running in an easterly direction from the mid point of Rialto Bridge along the bed of the former canal to the north of St. James's Walk and ending at match line B to the north of St. James's Walk at its intersection with Colberts Fort on the south as shown on Plan No. RO 5 A-B.

Work No. 3

A light railway approximately 716 metres in length consisting of double lines of light railway commencing at match line B and turning in a northerly direction to the east of St. James's Hospital and running in a northerly and westerly direction to the intersection of Ewington Lane and James's Street and then turning in an easterly direction and running along the southern side of James's Street and ending at match line C as shown on Plan No. RO 5 B-C.

Work No. 4

A light railway approximately 485 metres in length consisting of double lines of light railway commencing at match line C in James's Street and turning in a northerly direction and crossing Bow Lane West at its intersection with Steeven's Lane and running in a northerly direction along Steeven's Lane to its intersection with St. John's Road, crossing St. John's Road in a northerly direction and ending at the mid-point of Sean Heuston Bridge at match line O as shown on Plan No. RO 5 C-O.

AREA 6

Work No. 1

A light railway approximately 185 metres in length consisting of double lines of light railway commencing at the mid-point of Sean Heuston Bridge at match line O passing northwards across Wolf Tone Quay and then turning eastwards and running in an easterly direction along Parkgate Street and ending at match line A at the junction of Parkgate Street with Temple Street West as shown on Plan No. RO 6 O-A.

Work No. 2

A light railway approximately 512 metres in length consisting of double lines of light railway commencing at match line A at the junction of Parkgate Street on the west Temple Street West on the north and on the south and Benburb Street on the east and running in an easterly direction along the northern side of Benburb Street passing through the intersection of Benburb Street with Liffey Street West, Ellis Court and Ellis Street all on the south and continuing in an easterly direction through the intersection of Benburb Street and Wood Lane to the north and ending at the intersection of Benburb Street with Blackhall Place at match line B as shown on Plan No. RO 6 A-B.

Work No. 3

A light railway approximately 489 metres in length consisting of double lines of light railway commencing at match line B and running eastwards along the northern side of Benburb Street from its intersection with Blackhall Place, crossing the intersection of John Street North and Hendrick Lane and continuing in an easterly direction and crossing Queen Street at the intersection of Benburb Street with Queen Street and Arran Quay Terrace and running in an easterly direction through Arran Quay Terrace and continuing in an easterly direction through Smithfield to a point immediately to the north of the intersection of Smithfield with Phoenix Street North and then running in an easterly direction to the north of Phoenix Street North and crossing Bow Street approximately 22 metres to the north of the intersection of Bow Street with Phoenix Street North and Hammond Lane and then continuing in an easterly direction to the north of Hammond Lane and ending at match line C at the intersection of Church Street and Chancery Street as shown on Plan No. RO 6 B-C.

Work No. 4

A light railway approximately 549 metres in length consisting of double lines of light railway commencing at match line C and running in an easterly direction along Chancery Street from its intersection with Church Street and crossing in an easterly direction the intersection of Chancery Street and Greek Street on the north and Chancery Place on the south and then running in an easterly direction and traversing the junction of Chancery Street with St. Michan's Street on the north and Ormond Square on the south and then continuing in an easterly direction and traversing the intersection of Chancery Street with Arran Street East and then continuing in an easterly direction along the south side of Mary's Abbey and crossing Capel Street in an easterly direction and continuing in an easterly direction along Upper Abbey Street through the intersection of Upper Abbey Street with Jervis Lane Lower and ending at match line D at the intersection of Upper Abbey Street and Wolf Tone Street as shown on Plan No. RO 6 C-D.

Work No. 5

A light railway approximately 483 metres in length consisting of double lines of light railway commencing at match line D and running in an easterly direction along Upper Abbey Street and crossing the intersection of Upper Abbey Street and Jervis Street and then continuing in an easterly direction along Upper Abbey Street and crossing the intersection between Upper Abbey Street, Liffey Street Upper and Liffey Street Lower and then running in an easterly direction on the northern side of Middle Abbey Street and terminating at match line O at the west side of the intersection of Middle Abbey Street and Lower O'Connell Street as shown on Plan No. RO 6 D-O.

FIRST SCHEDULE — PART 2

Further works authorised by this Order.

AREA 1

Work No. 1

Construct a stop to be called “Tallaght stop” on the old Blessington Road to the east of the intersection with Old Blessington Road and Tallaght Hospital access road at the location shown on Plan No. RO 1 O-A and as shown in detail on Plan No. ST 1 O-A.

Work No. 2

Construct an underground electricity sub-station on the northern side of Old Blessington Road and east of Tallaght stop in the location shown on Plan No. RO 1 O-A. and as shown in detail on Plan No. ST 1 O-A.

Work No. 3

Construct a stop to be called “Hospital stop” in the location shown on Plan No. RO 1 A-B.

Work No. 4

Construct an electricity substation in the location shown on Plan No. RO 1 B-C and as shown in detail on Plan No. SS 00.

Work No. 5

Construct a stop to be called “Cookstown stop” in the location shown on Plan No. RO 1 B-C.

Work No. 6

Construct a stop to be called “Belgard stop” to the north of Cookstown Industrial Estate and immediately to the west of Old Belgard Road in the location as shown on Plan No. RO 1 D-E.

Work No. 7

Construct an electricity substation on the northern side of Walkinstown Embankment Road to the west of its intersection with Sylvan Drive on the north in the location shown on Plan No. RO 1 E-F and as shown in detail on Plan No. SS 00.

Work No. 8

Construct a stop to be called “Kingswood stop” on the northern side of Walkinstown Embankment Road immediately to the east of the intersection of Walkinstown Embankment Road with Sylvan Drive on the north in the location as shown on Plan No. RO 1 F-O.

AREA 2

Work No. 1

To construct a depot with workshops, offices and marshalling yards in the location shown on Plan No. RO 2 B-C. and as shown in detail on Plan Nos. DP 2 B-C (1 to 4).

Work No. 2

Construct an electricity substation in the location shown on Plan No. RO 2 B-C. and as shown in detail on Plan No. SS OO.

Work No. 3

Construct a stop to be called “Red Cow stop” in the location shown on Plan No. RO 2 B-C.

Work No. 4

Construct a car parking area in the location shown on Plan No. RO 2 B-C.

Work No. 5

To construct a bridge carrying the light railway over the Western Park Motorway immediately to the south of its intersection with the Naas Road in the location shown on Plan No. RO 2 C-O. and as shown in detail on Plan No. BR 2 C-O.

AREA 3

Work No. 1

Construct an electricity sub-station on land to be acquired to the south of the Naas Road at the location shown on Plan No. RO 3 C-D and as shown in detail on Plan No. SS OO.

Work No. 2

Construct a stop on the Naas Road to be called “Kylemore stop” in the location shown on Plan Nos. RO 3 C-D and RO 3 D-E.

Work No. 3

Construct an electricity sub-station on land to be acquired on the south of the Naas Road at the location shown on Plan No. RO 3 D-E and as shown in detail on Plan No. SS OO.

Work No. 4

Construct a stop to be known as “Bluebell stop” in the centre of the Naas Road immediately to the east of the intersection of the Naas Road with Old Naas Road on the north and Muirfield Road on the south at the location shown on Plan No. RO 3 E-F.

Work No. 5

Construct an underground electricity sub-station immediately to the south of the Naas Road in the location shown on Plan No. RO 3 F-O.

AREA 4

Work No. 1

Construct a stop to be called “Blackhorse stop” on the northern side of Davitt Road and the south of the Grand Canal in the location shown on Plan No. RO 4 O-A.

Work No. 2

Extend Camac River culvert along its axis in a southwesterly direction as shown on Plan No. RO 4 O-A.

Work No. 3

Construct a stop to be called “Drimnagh Stop” on the northern side of Davitt Road and to the south of the Grand Canal in the location shown on Plan No. RO 4 A-B and as shown in detail on Plan No. ST 4 A-B.

Work No. 4

Construct a pedestrian footbridge traversing the Grand Canal from the intersection of Golden Bridge Walk and St. Vincent Street West on the northern side of the Grand Canal to a point to the east of the stop to be called Drimnagh stop as shown on Plan No. RO 4 A-B and as shown in detail on Plan No. ST 4 A-B

Work No. 5

Construct a stop to be called “Golden Bridge stop” on the northern side of Davitt Road and immediately to the south of the second lock of the Grand Canal in the location shown on Plan No. RO 4 A-B.

Work No. 6

Construct an electricity sub-station on the southern side of Davitt Road in the location shown on Plan No. RO 4 B-O. and as shown in detail on Plan No. SS-OO.

Work No. 7

Construct a stop to be called “Suir Road stop” on the northern side of Davitt Road and to the south of the first lock of the Grand Canal and to the west of intersection with Davitt Road and Suir Road on the north and Slievenamon Road to south in the location shown on Plan No. RO 4 B-O.

AREA 5

Work No. 1

To construct a bridge carrying the light railway over the Grand Canal immediately to the east of the intersection of Suir Road with Dolphin Road in the location shown on Plan No. RO 5 O-A and as shown in detail on Plan No. BR 5 O-A.

Work No. 2

Construct a stop called “Rialto stop” to the north of St. James's Walk and in the location shown on Plan No. RO 5 A-B.

Work No. 3

To construct a stop to be called “Fatima stop” on the northern side of St. James's Walk and in the location shown on Plan No. RO 5 A-B.

Work No. 4

Construct an electricity sub-station in the location shown on Plan No. RO 5 B-C and as shown in detail on Plan No. SS OO.

Work No. 5

Construct a stop to be called “James's stop” in the location shown on Plan No. RO 5 B-C.

Work No. 6

Construct a stop to the north of St. John's Road and to the east of Heuston Station to be called “Heuston stop” in the location shown on Plan No. RO 5 C-O and as shown in detail on Plan No. ST 5 C-O

Work No. 7

Construct an underground electricity sub-station at “Heuston stop” in the location shown on Plan No. RO 5 C-O.

AREA 6

Work No. 1

Reconstruct Sean Heuston Bridge so as to render same capable of supporting Light Rail Vehicles while preserving and re-using the existing side frames and balustrade as shown on Plan No. RO 5 C-O and RO 6 O-A and in detail on Plan No. BR 6 O-A.

Work No. 2

Construct a stop which is to be called “Museum stop” on Benburb Street at the location shown on Plan No. RO 6 A-B.

Work No. 3

Construct a stop to be known as “Smithfield stop” on land to the north of Phoenix Street North at the location shown on Plan No. RO 6 B-C.

Work No. 4

Construct an underground electricity sub-station between the southern most platform of the stop to be called Smithfield stop and the northern boundary of Phoenix Street North in the location shown on Plan No. RO 6 B-C.

Work No. 5

Construct a stop on Chancery Street to be called “Four Courts stop” immediately to the west of the intersection of Chancery Street with Greek Street on the north and Chancery Place to the south and in the location shown on Plan No. RO 6 C-D and as shown in detail on Plan No. ST 6 C-D.

Work No. 6

Construct a stop in Upper Abbey Street to be called “Jervis stop” between the intersection of Jervis Street and Upper Abbey Street on the west and the intersection of Upper Abbey Street and Liffey Street Upper on the east and in the location shown on Plan No. RO 6 D-O and as shown in detail on Plan No. ST 6 D-O 2.

Work No. 7

Construct a stop to be called “Abbey Street stop” immediately west of the intersection of Middle Abbey Street and O'Connell Street Lower in the location shown on Plan No. RO 6 D-O and as shown in detail on Plan No. ST 6 D-O 1.

Proposed

TRANSPORT (DUBLIN LIGHT RAIL) ACT, 1996

ORDER 1998

SECOND SCHEDULE

Land which may be acquired.

Proposed

TRANSPORT (DUBLIN LIGHT RAIL) ACT, 1996

ORDER 1998

THIRD SCHEDULE

Part 1 Buildings etc. to which brackets may be attached.

Part 2 Land upon which poles may be erected

Proposed

TRANSPORT (DUBLIN LIGHT RAIL) ACT, 1996

ORDER 1998

THIRD SCHEDULE

Part 1 Buildings etc. to which brackets may be attached.

Proposed

TRANSPORT (DUBLIN LIGHT RAIL) ACT, 1996

ORDER 1998

THIRD SCHEDULE

Part 2 Land upon which poles may be erected

Proposed

TRANSPORT (DUBLIN LIGHT RAIL) ACT, 1996

ORDER 1998

FOURTH SCHEDULE

Basements under public roads which may be acquired

Proposed

TRANSPORT (DUBLIN LIGHT RAIL) ACT, 1996

ORDER 1998

FIFTH to TENTH SCHEDULES

Proposed

TRANSPORT (DUBLIN LIGHT RAIL) ACT, 1996

ORDER 1998

FIFTH SCHEDULE

New roads which may be constructed.

1.     Construct a new service road immediately to the south of Old Blessington Road from Tallaght Hospital access road to the Square Shopping Centre in the location shown on Plan No. RO1 O-A.

2.     Construct a new road from the intersection of Turnpike Road with Naas Road and running in a south-westerly direction so as to connect with the south bound slip road at the Naas Road/M50 interchange in the location shown on Plan No. RO2 C-O.

Proposed

TRANSPORT (DUBLIN LIGHT RAIL) ACT, 1996

ORDER 1998

SIXTH SCHEDULE

Public roads upon which the light railway works may be carried out.

AREA 1

Old Blessington Road, Tallaght Hospital access road, Cookstown Way, Cookstown Industrial Estate access road, Old Belgard Road, Belgard Road, Walkinstown Embankment Road, Sylvan Drive.

AREA 2

The exit slip road on the western side of the M50 leading on to the N7, the access slip road from the south bound carriageway of the Naas Road leading to the M50, the Naas Road.

AREA 3

Naas Road.

AREA 4

Naas Road, Davitt Road, Suir Road.

AREA 5

Suir Road, James's Street, Bow Lane West, Steeven's Lane, St. John's Road.

AREA 6

Wolfe Tone Quay, Parkgate Street, Benburb Street, Queen Street, Arran Quay Terrace, Smithfield, Bow Street, Church Street, Chancery Street, Arran Street East, Mary's Abbey, Capel Street, Upper Abbey Street, Middle Abbey Street, Lower O'Connell Street.

Proposed

TRANSPORT (DUBLIN LIGHT RAIL) ACT, 1996

ORDER 1998

SEVENTH SCHEDULE

Rights of way and other easements which may be acquired

Proposed

TRANSPORT (DUBLIN LIGHT RAIL) ACT, 1996

ORDER 1998

EIGHTH SCHEDULE

Proposed

TRANSPORT (DUBLIN LIGHT RAIL) ACT, 1996

ORDER 1998

EIGHTH SCHEDULE

Part 1 Public rights of way which may be extinguished.

Proposed

TRANSPORT (DUBLIN LIGHT RAIL) ACT, 1996

ORDER 1998

EIGHTH SCHEDULE

Part 2 Private rights which may be extinguished.

Proposed

TRANSPORT (DUBLIN LIGHT RAIL) ACT. 1996

ORDER 1998

NINTH SCHEDULE

Rights of way which may be temporarily interrupted

Proposed

TRANSPORT (DUBLIN LIGHT RAIL) ACT, 1996

ORDER 1998

TENTH SCHEDULE

Lands which may be temporarily occupied

Proposed

TRANSPORT (DUBLIN LIGHT RAIL) ACT, 1996

ORDER 1998

ELEVENTH SCHEDULE

Conditions attaching to the Order

CONDITIONS

1. (a) The Board to construct a boundary wall at the boundary between the Light Rail Transit line and the property of Mr. Desmond O'Neill ref: 1A16 of the deposited plan to a nominal height of 2 metres.

(b) The Board to construct a replacement wall on property of Ms. Sheila Watts ref: 1-A6 of the deposited plan similar in height to the present boundary wall.

2. The wall bounding Kingswood Heights and Forrest Lawns adjacent to the proposed line should be at a nominal height of 1.8 metres from the Belgard Road plan no: RO1 D-E to the point where the new wall finishes at plan no: RO2 A-B. The section from Sylvan Drive to the eastern rear boundary of plot 28 shown on plan no: RO1 F-O should be to a nominal height of 2 metres.

3. Prior to the commencement of development as authorised under this Light Railway Order the Board shall submit appropriately dimensioned and detailed plans, sections and elevations relating to the placing of the sub-station shown in plan no RO1 E-F underground in the manner and to the extent determined by agreement with South Dublin County Council. The development of the sub-station not to proceed except by the written agreement of South Dublin County Council to the plan submitted. In default of agreement between the Board and South Dublin Country Council this matter shall be determined by the Minister for Public Enterprise.

4. Prior to the commencement of the development as authorised under this Light Railway Order the Board shall submit appropriately dimensioned and detailed plans, sections and elevations relating to the proposed realignment of the junction of Sylvan Drive and Walkinstown Road at plan no: RO1 F-O for the agreement of South Dublin Country Council. In default of agreement between the Board and South Dublin County Council the matter shall be determined by the Minister for Public Enterprise.

5. Prior to the commencement of the development as authorised under this Light Railway Order the Board shall submit appropriately dimensioned and detailed plans, sections and elevations at a scale of not less than 1:100 in respect of the Light Rail Transit building, telecommunications mast, the Light Rail Transit vehicle service station and the Light Rail Transit vehicle wash building (as described in drawings no: DB2 BC(1-4) submitted with the application and provide details of finished floor levels, all external finishes including choice of materials, samples and colours for the agreement of South Dublin County Council. In default of agreement between South Dublin County Council and the Board the matter shall be determined by the Minister for Public Enterprise.

6. Prior to the commencement of the development as authorised under this Light Railway Order the Board shall submit for the agreement of South Dublin County Council a comprehensive landscape plan at scale of not less that 1:200 for the Light Rail Transit depot and Park and Ride site including a full works specification and quantities for the development of landscaping works. This plan to include grading, top soiling, seeding, screen boundary treatment and tree and shrub planting as necessary. In default of agreement between the South Dublin County Council and the Board the matter shall be determined by the Minister for Public Enterprise.

7. Prior to the commencement of the development as authorised under this Light Railway Order the Board shall submit detailed drawings at a scale of not less than 1:200 showing foul water drainage and surface water drainage layouts and proposed connections to public services and details of public water supply connections; together with design and calculations for the proposed foul and surface water sewer, all in respect of the Light Rail Transit depot and Park and Ride site, for the written agreement of South Dublin County Council. In default of agreement between South Dublin County Council and the Board the matter shall be determined by the Minister for Public Enterprise.

8. Prior to the commencement of the development as authorised under this Light Railway Order the Board shall submit for the agreement of South Dublin County Council detailed designs of the proposed access road connections from the Light Rail Transit depot and Park and Ride site to the adjoining public road network at a scale of not less than 1:200. In default of agreement between South Dublin County Council and the Board this matter shall be determined by the Minister for Public Enterprise.

9. Prior to the commencement of the development as authorised under this Light Railway Order the Board shall submit appropriate dimensioned and detailed plans, sections and elevations at a scale of not less than 1:100 in respect of the proposed deck bridge at the M50 roundabout contained in drawings BR2 C-O submitted with this application for the agreement of South Dublin County Council and the National Roads Authority. In default of agreement between the Board, South Dublin County Council and the National Roads Authority this matter shall be determined by the Minister for Public Enterprise.

10. Prior to the completion of the development as authorised under this Light Railway Order the Board shall seek to enter into agreement with Dublin Corporation in respect of their joint maintenance responsibilities in respect of the Linear Park between Griffith Bridge and the proposed Fatima stop together with all other areas where the railway line traverses public open space. The Board should also seek to enter into an agreement with South Dublin County Council in respect of traversed open space within its area.

11. Prior to the commencement of the development as authorised under this Light Railway Order the Board shall submit appropriately dimensioned and detailed plans, sections and elevations on a scale of not less than 1:100 in respect of the proposed bridge located between Griffith Bridge and Grand Canal View detailed in plan no: BR5 O-A submitted with this application for the agreement of Dublin Corporation and the Minister for Arts, Heritage, Gaeltacht and the Islands. In default of agreement between the Board and Dublin Corporation the matter shall be determined by the Minister for Public Enterprise. In default of agreement between the Board and the Minister for Arts, Heritage, Gaeltacht and the Islands the matter shall be determined following consultations between the Minister for Public Enterprise, the Minister for Arts, Heritage, Gaeltacht and the Islands and the Board.

12. Prior to the commencement of the development as authorised under this Light Railway Order the Board shall submit appropriately dimensioned and detailed plans, sections and elevations on a scale of not less than 1:100 in respect of the proposed pedestrian footbridge located at the Drimnagh stop and detailed in plan no: ST4 A-B submitted with this application for the agreement of Dublin Corporation and the Minister for Arts, Heritage, Gaeltacht and the Islands. In default of agreement between the Board and Dublin Corporation the matter shall be determined by the Minister for Public Enterprise. In default of agreement between the Board and the Minister for Arts, Heritage, Gaeltacht and the Islands the matter shall be determined following consultations between the Minister for Public Enterprise, the Minister for Arts, Heritage. Gaeltacht and the Islands and the Board.

13. Prior to the commencement of the demolition or occupation of any of the following properties. Numbers 1,2,3,4,6,7 of Arran Quay Terrace, Dublin 7 the Board shall submit to the Minister for Public Enterprise a detailed scheme showing the proposals of the Board for the redevelopment of Arran Quay Terrace. These proposals shall include, inter alia, the outcome of any application for planning permission made in respect of the proposed reconstruction; details of any agreements with the residents of the Terrace; details of the relocation of such residents, if desired by the residents, in new housing in Arran Quay Terrace without the need for an intermediate relocation, together with such additional matters as may be required by the Minister. No action in respect of the occupation of the aforementioned properties or their demolition shall take place prior to the approval by the Minister of the foregoing plan or any amendment thereto requested by the Minister.

14. Prior to the demolition of any property on the Arran Quay Terrace site the Board is to submit to Dublin Corporation proposals relating to the protection of the amenities of the houses backing onto Arran Quay Terrace at Coke Lane for the purpose of concluding an agreement with Dublin Corporation in that matter. In default of agreement between the Board and Dublin Corporation this matter shall be determined by the Minister for Public Enterprise.

15. Prior to the commencement of development under this Light Railway Order the Board shall submit, for the agreement of Dublin Corporation and Eason & Son Ltd. and the management of the Oval Bar. Middle Abbey Street, design details of the proposed loading and unloading facilities necessitated by the construction of the Abbey Street terminus on a scale of not less than 1:200. In default of agreement between the parties the matter shall be determined by the Minister for Public Enterprise.

16. Prior to the commencement of the development the Board shall establish, or in the alternative cause to be established or participate in the establishment of a traffic management committee to represent the local authorities, Garda Síochána, utilities and representative business (including trade union) interests. The composition of this committee to be by agreement of the parties or in the absence of agreement to be determined by the Minister for Public Enterprise. The purpose of this body will be to co-ordinate the actions of those with statutory responsibility and to approve, monitor and co-ordinate the management of the project at a local level in relation to its interface with the wider community. This body will supply the information to the local liaison committees recommended hereafter.

17. Prior to the commencement of the development in any particular area (such areas being areas 1 to 6 as specified in the Environmental Impact Statement), the Board shall establish or in the alternative cause to be established or participate in the establishment of local liaison committees in each area to represent the interests of all statutory authorities likely to be affected including the relevant local authority, the Garda Síochána, utilities, business and residential groups. The composition of this committee to be by agreement between the parties and in the absence of agreement to be determined by the Minister for Public Enterprise. The Board to have a positive responsibility to ensure that all construction proposals likely to impact on the property and/or business interests of an area are considered by the relevant liaison committee prior to their implementation.

18. Prior to the commencement of the construction of the depot at the Red Cow roundabout the Board shall submit to South Dublin County Council proposals concerning the monitoring of the noise emissions from the depot together with suggested limits for day-time and night-time noise emission at suitable locations for the agreement of South Dublin County Council. In default of agreement between the Board and South Dublin County Council the matter shall be determined by the Minister for Public Enterprise.

This condition is to lapse in the event that the development of the depot site falls within the remit of the Environmental Protection Agency in respect of noise.

19. It is considered appropriate that advertising should not undermine the character of the public domain. Advertising at each station stop shall be restricted to a small drum as outlined in the Environmental Impact Statement drawing. Any deviation or change from this procedure to be the subject of a normal planning application.

20. The Board to seek agreement of South Dublin County Council and National Roads Authority for an amendment to the road layout adjacent to the Red Cow roundabout to permit access by traffic from Sam Hire Ltd. premises to the roundabout from the slip road. In the absence of agreement the matter to be determined by the Minister for Public Enterprise.

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 Córas Iompair Éireann the necessary powers under the Transport (Dublin Light Rail) Act, 1996 to construct, maintain and operate a light railway system known as Dublin Light Rail Line A — Tallaght to Abbey Street. The plans referred to in the Order are available for inspection or purchase at the Dublin Light Rail Office, Heuston Station, Dublin 8.