Transport (Railway Infrastructure) Act, 2001

Amendment to section 43 of Act of 1993.

70.—Section 43 of the Act of 1993 is amended by the substitution for subsection (2A) (inserted by section 3 of the Roads (Amendment) Act, 1998 ) of the following subsection:

“(2A) Notwithstanding subsection (2) and section 46(4), direct access from any adjoining land to a motorway or from the motorway to such land may be granted by a road authority to the Railway Procurement Agency, an applicant or a railway undertaking (within the meaning of the Transport (Railway Infrastructure) Act, 2001) in respect of a railway (within the meaning of that Act)—

(a) authorised by a railway order under section 43 of the Transport (Railway Infrastructure) Act, 2001, or

(b) the subject of an application for a railway order under section 37 of that Act,

subject to such conditions as the road authority may decide, and, accordingly, any such access shall not be a contravention of subsection (2) or section 46(4).”.