Railway (Kildare Route Project) Order 2006

• Statutory Instrument No.: 596/2006

STATUTORY INSTRUMENTS
S.I. No. 596 of 2006
Railway (Kildare Route Project) Order 2006
ARRANGEMENT OF ARTICLES
PART I PRELIMINARY Article. 1. Citation 2. Interpretation 3. Incorporation of enactments PART 2 WORKS AND RELATED PROVISIONS 4. Construction of Railway and Railway works 5. Discharge of water 6. Deviation 7. Closure of roads - permanent and temporary. 8 . Power to alter public roads 9. Construction of new roads 10. Tree lopping PART 3 ACQUISITION AND POSSESSION OF LAND AND RIGHTS 11. Power to acquire land 12. Power to temporarily possess and occupy land 13. Acquisition of easements and other rights over land 14. Extinguishment of rights, including rights of Way and temporary interference with rights 15. Period within which the Railway Undertaking may compulsorily acquire land and interests in land PART 4 MISCELLANEOUS AND GENERAL 16. Interference with apparatus 17. Arbitration
SCHEDULE 1
The Railway and Railway Works authorised by this Order.
SCHEDULE 2
Land which may be acquired
SCHEDULE 3
Roads to be closed permanently.
SCHEDULE 4
Roads to be closed temporarily.
SCHEDULE 5
Roads to be altered.
SCHEDULE 6
New roads to be constructed
SCHEDULE 7
Land over which rights including rights of way and other rights and easements are to be acquired
SCHEDULE 8
Part 1. Public rights to be extinguished
Part 2. Private rights to be extinguished
SCHEDULE 9
Public and Private Rights of way to be temporarily interrupted
SCHEDULE 10
Land of which temporary possession is to be taken
SCHEDULE 11
Conditions attached to the Order
SCHEDULE 12
Agreements reached with the Railway Undertaking
I, Martin Cullen, Minister for Transport, in exercise of the powers conferred on me by section 43 of the Transport (Railway Infrastructure) Act 2001 (No. 55 of 2001) (as adapted by the Public Enterprise (Alteration of Name of Department and Title of Minister) Order 2002 ( S.I. No. 305 of 2002 )) having considered an application by Córas Iompair Éireann for a railway order to authorise railway works affecting the Dublin-Cork railway line between Inchicore Depot, Dublin, and Cherryville Junction, County Kildare, the draft order, the plans of the proposed railway works and the book of reference to those plans, and the Environmental Impact Statement that accompanied the said application, the Report of the Public Inquiry duly held and the recommendations contained therein, the submissions duly made to me under section 40 of the said Act and not withdrawn, and being of opinion that the said application should be granted, and being also of the opinion that the rights in over or under public roads specified in this Order with the consent of the Minister for the Environment, Heritage and Local Government are necessary for giving effect to this Order hereby order as follows:-
PART 1 PRELIMINARY
	Citation	1. This Order may be cited as the Transport (Railway Infrastructure) Act 2001 , (Kildare Route Project) Order 2006.
	Interpretations	2. In this Order -
“Act of 1961” means the Road Traffic Act 1961 (No. 24 of 1961);
“Act of 1993” means the Roads Act 1993 (No. 14 of 1993;
“Act of 1994” means the Road Traffic Act 1994 (No. 7 of 1994);
“Act of 2000” means the Planning and Development Act 2000 (No. 30 of 2000);
“Act of 2005” means the Railway Safety Act 2005 (No. 31 of 2005);
“apparatus” includes any sub-station, inspection chamber, junction box, booster station, pipe, sewer, drain, duct, tunnel, conduit, wire, cable, fibre, insulator, and such other thing as may be used by a utility for or in connection with the provision of a service to the public.
“construct” includes build, make, put together, erect, create, form, and assemble, and cognate works shall be construed accordingly.
“Deposited Plan” means the copy of the plan deposited together with this Order pursuant to section 46 of the Principal Act;
“execute” includes construct, maintain and improve;
“land” has the meaning assigned to it by the Act of 2000;
“local authority” has the meaning assigned to it by the Act of 1993;
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct, renew and replace;
“mechanical power” includes electrical and any other motive power;
“Minister” means the Minister for Transport;
“planning authority” has the meaning assigned to it by the Act of 2000;
“Principal Act” means the Transport (Railway Infrastructure) Act 2001 (No.55 of 2001) as amended by the Railway Safety Act 2005 (No. 31 of 2005);
“public road” has the meaning assigned to it by the Act of 1993 and includes any road which becomes a public road during the currency of this Order;
“railway” means a railway or part of a railway for which railway works are authorised by this Order;
“Railway Undertaking” means Córas Iompair Éireann, or where the context so requires or admits, a person with whom Córas Iompair Éireann has made an arrangement under section 43 (6) of the Principal Act;
“Railway Order” means an order made under section 43 of the Principal Act;
“reconstruct” means wholly or partly rebuild, re-erect, re-create, reform, reassemble, repair, restore, replace or alter;
“road” has the interpretation assigned to it by the Act of 1993;
“road authority” has the meaning assigned to it by the Act of 1993;
“substratum of land” means any subsoil or anything beneath the surface of the land required for any purpose connected with this Order;
“Undertaker” means any person or body with power and authority in relation to apparatus to relocate or cause it to be relocated as provided for in Article 16;
“works” includes railway works as defined in the Principal Act and 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 railway and authorised expressly or by necessary implication by this Order.
	Incorporation of enactments	3. (1) The Regulation of Railways Acts 1840 to 1893 and any other Act relating to railways shall apply to the railway works 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 Principal Act together with the Order shall be deemed to be the Special Act for the purposes of those enactments.
PART 2 WORKS AND RELATED PROVISIONS
	Construction of Railway and Railway Works	4. (1) Subject to the provisions of this Order, the Railway Undertaking may, on the lines, in the places, and according to the levels shown on the deposited map, execute and operate the railway and railway works specified in Schedule 1 and all other works of things necessary or ancillary thereto subject to the conditions (including the conditions set out in Schedule 11) and requirements specified in this Order.
(2) Construction of the works authorised by this Order shall be completed at the end of the period of 7 years from the date this Order comes into force or within such further period as the Minister may allow on the application of the Railway Undertaking.
(3) Paragraph 2 of this Article does not apply to any works required for the operation or maintenance of the railway works authorised by this Order.
(4) The railway may be operated by mechanical or other power.
	Discharge of Water	5. (1) The Railway Undertaking may alter the level or the course of, or make use of for the drainage of water, any surface watercourse or any sewer or drain and may construct provide and use any underground or overground tanks or pipes to assist in such drainage in connection with the construction maintenance or operation of the railway works and for that purpose may make any convenient connections with any such surface watercourse, sewer or drain, subject, however, to the following provisions:
(a) the Railway Undertaking shall not discharge any water into, or interfere with, any surface 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 Railway Undertaking shall take such steps as may be reasonably practicable to ensure that any water discharged into any such public surface watercourse, sewer or drain under the powers conferred on the Railway Undertaking 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 Railway Undertaking and the sanitary authority such dispute shall be referred to arbitration in accordance with the provisions of Article 17 of this order.
	Deviation.	6. (1) In executing any of the railway works authorised by this Order, the Railway Undertaking may deviate horizontally from the line delineated on the deposited plans provided that no such deviation shall extend to a greater distance than the limits of deviation delineated on the said plans.
(2) In constructing and maintaining any of the railway works authorised by this Order, the Railway Undertaking may deviate vertically from the levels shown on the deposited plans to any extent not exceeding 1 metre upwards or downwards.
	Closure of roads (permanent and temporary).	7. (1) The Railway Undertaking may, for the purpose of executing the railway works authorised by this Order or for any purpose incidental thereto, from time to time request a road authority by order to close permanently the roads specified in Schedule 3 to traffic and to close temporarily any...