Local Government (Toll Roads) Act, 1979

Provisions in relation to approval by Minister of toll schemes.

4.—(1) Before submitting a toll scheme to the Minister pursuant to section 3 of this Act, a road authority shall publish in one or more newspapers printed in the State and circulating in the area in which the toll road to which the scheme relates is or will be situated a notice stating that a toll scheme has been made by the road authority under section 3 of this Act and that it is intended to submit it to the Minister for the purpose of seeking his approval of it and indicating the times at which, the days on which and the place where a copy of the scheme and any map referred to therein and the explanatory statement relating to the scheme may be inspected and that objections to the scheme may be lodged with the Minister in writing during such period (not being less than two months) after the expiration of the time determined under section 3 (2) of this Act for inspection of the scheme as may be specified.

(2) If an objection to a toll scheme is duly lodged with the Minister, the Minister shall, before deciding whether to approve of the scheme or not, cause a local inquiry into the scheme and into any objections to the scheme that have been lodged and not been withdrawn to be held and shall consider the report of the person conducting the inquiry.

(3) Where a local inquiry into a toll scheme is to be held and a local inquiry under section 47 of the Local Government Act, 1946 , or section 6 of the Local Government (Roads and Motorways) Act, 1974 , relating wholly or partly to the toll road concerned or a local inquiry into the compulsory acquisition of such land for the purposes of such scheme is to be held, the inquiry into the toll scheme shall not be held before the holding of the other inquiry or inquiries but may be held at the same time as the other inquiry or inquiries.