Transport (Railway Infrastructure) Act, 2001

Publication of notice in relation to application for railway order.

40.—(1) Whenever an application is made for a railway order, the applicant shall, within 14 days of the Minister acknowledging receipt of the application—

(a) deposit and keep deposited at such place or places, being a place or places which is or are easily accessible to the public, as may be appointed by the Minister, a copy of the draft order and all documents which accompanied the application, for not less than 28 days following the publication of the notice referred to in paragraph (b),

(b) publish a notice in one or more newspapers circulating in the area to which the order relates—

(i) indicating that an application has been made for an order,

(ii) indicating the times at which, the period during which and the place or places where a copy of the draft order and accompanying documents deposited under this section may be inspected,

(iii) stating that a public inquiry will be held into the application,

(iv) stating that the Minister will consider any submissions in relation to the proposed order or in relation to the likely effects on the environment of the proposed railway works which are submitted in writing to him or her by any person not later than 14 days after the end of the period specified in the notice referred to in subparagraph (ii), and

(v) stating that a copy of or extract from the draft order and accompanying documents may be purchased on payment of a fee not exceeding the reasonable cost of making such copy or extract,

(c) serve on the planning authority in whose functional area (or any part thereof) the proposed railway works are proposed to be carried out and on such persons (if any) as the Minister may direct a copy of the draft order and accompanying documents and the notice referred to in paragraph (b), and

(d) serve a copy of the notice referred to in paragraph (b) together with relevant extracts from the documents referred to in paragraph (a) on every (if any) occupier and every (if any) owner of a land referred to in the draft order.

(2) Members of the public may inspect a copy of a draft railway order and accompanying documents deposited under this section free of charge at the times and during the period specified in the notice referred to in subsection (1)(b) and may purchase copies of or extracts from any of the documents aforesaid on payment of a fee to the applicant not exceeding the reasonable cost of making such copies or extracts as may be fixed by the applicant.

(3) A person may, not later than 30 days after the end of the period specified in subsection (2), make submissions in writing to the Minister in relation to the proposed railway order or the likely effects on the environment of the proposed railway works.