Transport (Dublin Light Rail) Act, 1996

• Permanent Page URL

Light railway order.

9.—(1) Whenever an application is made under section 3 , the Minister shall, before deciding whether to grant the order to which the application relates, consider the following:

(a) the application,

(b) the draft order, plan, book of reference to the plan and the environmental impact statement which accompanied the application,

(c) the report of the public inquiry held under section 8 , and the recommendations (if any) contained therein,

(d) any submission duly made to him or her under section 6 (3) or 7 (4) and not withdrawn,

(e) any submission duly made to him or her by a planning authority referred to in section 6 (1) (c),

(f) any additional information furnished to him or her under section 7 .

(2) If after such consideration, he or she is of opinion that the application should be granted, he or she shall make an order authorising—

(a) the Board to construct, maintain and improve the light railway works specified in the order or any part thereof,

(b) the use of the light railway works or any part thereof for the purposes of the operation of a light railway, and

(c) the operation, maintenance and improvement of a light railway or any part thereof,

in such manner and subject to such conditions, restrictions and requirements (and on such other terms) as the Minister thinks proper and specifies in the order and the Minister shall furnish the Board with a copy of the order.

(3) Where the Minister makes an order under subsection (2) which constitutes a substantial material departure from the recommendations contained in the report of the public inquiry held under section 8 , the Minister shall lay a statement in writing before each House of the Oireachtas stating his or her reasons for such departure.

(4) As soon as may be after the making of a light railway order, the Minister shall publish a notice in Iris Oifigiúil and in at least two newspapers circulating in the area to which the order relates of the making of the light railway order and of the places where, the period during which and the times at which copies thereof and any plan referred to therein may be inspected or purchased at a cost not exceeding the reasonable cost of making such copies.

(5) A light railway order shall come into operation—

(a) in case an application for leave to apply for judicial review of the order has not been made, upon the expiration of 2 months, and

(b) in case such an application has been made, and has not been withdrawn, in so far as it has not been declared invalid or quashed pursuant to that review, upon the final determination of the proceedings concerned or such other date as may be determined in those proceedings, and

(c) in case such an application has been made and is withdrawn, upon the date of the withdrawal.

(6) (a) Subject to paragraph (b), on application in that behalf by the Board to the Minister, the Minister may, if he or she considers it appropriate to do so, by order amend a light railway order or the plan or book of reference relating to it and amendments under this paragraph may include a provision varying the route of the light railway.

(b) Where, in the opinion of the Minister, an amendment of a light railway order would, if made, constitute a substantial material variation in the light railway works the subject of the order, and the Minister so declares in a notice published in Iris Oifigiúil, sections 3 to 9 shall apply in relation to the making of an order under paragraph (a) as they apply to a light railway order and the application shall be deemed for the purposes of this Act to be an application for a light railway order and this Act shall apply accordingly in relation to the application with any necessary modifications.

(7) The Minister may, if there is a failure or refusal to comply with a condition, restriction or requirement specified in a light railway order, revoke the order.

(8) (a) Where the Minister proposes to revoke an order under this section, he or she shall notify the Board in writing of his or her proposal and of the reasons for it.

(b) The Board may, not later than 3 weeks from the date of the sending of the notification, make submissions in writing to the Minister and the Minister shall—

(i) before deciding the matter, take into consideration any submissions duly made to him or her under this paragraph in relation to the proposal and not withdrawn, and

(ii) notify the Board in writing of his or her decision and of the reasons for it.

(9) A notification of a proposal of the Minister under subsection (8) shall include a statement that the Board may make submissions to the Minister not later than 3 weeks from the date of the sending of the notification and a notification of a decision of the Minister under subsection (8) shall include a statement that the Board may appeal to the High Court under subsection (10) against the decision not later than 3 weeks from the date of the sending of the notification.

(10) The Board may appeal to the High Court against a decision of the Minister under this section and that Court may, as it thinks proper, on the hearing of the appeal, confirm the decision of the Minister or direct the Minister to withdraw his or her decision and prohibit the making of the proposed order concerned.

(11) The Minister shall not proceed to make an order under subsection (6) before the expiration of 3 weeks from the date of the notification of a decision under subsection (7) and, if an appeal is brought against the decision, before the final determination of the appeal.