IE
S.I. No. 119/1994 - Roads Regulations, 1994.
Table of Provisions (16)
Statutory Text (16 Articles)
1. ________________________
(3)
has prepared an environmental impact statement under
section 50
of the
Roads Act, 1993
in respect of __________________________ ________________________________________________________________
__________________________________________________________________
_______________________________________________________________
(4)
and has applied to the Minister for the Environment for approval of the proposed road development under section 51 of that Act.
2. A copy of the Environmental Impact Statement is enclosed.
3. Written submissions in relation to the likely effects on the environment of the proposed road development may be made to the Minister for the Environment, Custom House, Dublin 1 before _________________________ 19 ________
(5)
.
4. A motorway/busway/protected road scheme
(6)
will be required/has been made
(6)
in respect of the proposed road development and a public local inquiry will be held in relationt to that scheme.
(6)
A compulsory purchase order/bridge order
(6)
will be required/has been made
(6)
in respect of the proposed road development and where written objections are made to the Minister for the Environment a public local inquiry/local inquiry
(7)
will be held.
(6)
Evidence in relation to the likely effects on the environment of the proposal may be given at the inquiry.
(6)
5. Before making his decision on the application for approval, the Minister must consider the environmental impact statement, any written submissions made to him and not withdrawn and, where an inquiry is held, the report and any recommendations of the inspector holding the inquiry where evidence was given in relation to the likely effects on the environment of the proposal. Public notice of any inquiry will be given at a later date.
6. Further information may be obtained from _____________________
(8)
.
County Secretary/Town Clerk
(6)
Date
NOTES TO FORM NO. 5.
The service of this notice on persons affected by the scheme shall be made in the manner set out in
section 79
of the
Roads Act, 1993
.
(1)
Insert the title, for example "Environmental Impact Assessment of Proposed Barrytown Motorway". The name of the road authority should appear above the title and where the road authority is acting for another road authority, under an agreement under
section 59
of the
Local Government Act, 1955
or otherwise, the name of that road authority should also appear above the title and an appropriate statement should be included in the notice.
(2)
Insert the name and address of the body or person specified by or under section 51(3)(
b
) of the Road Act, 1993.
(3)
Insert the name of the road authority.
(4)
Insert a brief non-technical description of the proposed road development.
(5)
The minimum period for making of submissions is two weeks from the end of the inspection period specified in the public notice
(6)
Delete as appropriate.
(7)
Delete as appropriate. "Local inquiry" relates only to a bridge order.
(8)
Insert the name, address, telephone and fax numbers of the road authority and, where possible, the name and telephone extension of an appropriate official
GIVEN under the Official Seal of the Minister for the Environment,
this 5th day of May 1994.
MICHAEL SMITH,
Minister for the Environment.
EXPLANATORY NOTE.
These Regulations prescribe certain matters in connection with
Roads Act, 1993
(No. 14 of 1993).
The Regulations specify requirements as to public notice in respect of the declaration of public roads, prescribe the category of persons who must make a declaration of interests to the National Roads Authority, specify the types of vehicles which may use motorways, specify the types of road projects which require an environmental impact assessment, prescribe requirements as to public notice in respect of applications for consent to carry out works on motorways and protected roads, control access to service areas, specify the requirements as to public notice and other procedures relating to the temporary closing of roads, set down general requirements as to notice under the
Roads Act, 1993
and regulate the disposal of moneys accruing to local authorities and the National Roads Authority under that Act.
The Regulations also prescribe the forms to be used by local authorities in connection with the preparation and submission to the Minister for the Environment of schemes for the provision of motorways, busways and protected roads and to notify the public and persons affected by such schemes and the forms to be used in relation to the environmental impact assessment of road projects.
7. Any claim for compensation must be made not later than six months after the date on which the scheme to which it relates was approved by the Minister for the Environment, and must be made in the manner prescribed by regulations under the Local Government (Planning and Development) Acts. Further information in relation to compensation for planning permissions which have been revoked or modified under a scheme approved by the Minister may be obtained from ______________________
(9)
.
8. A copy of the scheme and of the map referred to in it may be inspected at __________________ between the hours of _________ and _________ on working days between _________ 19 _______ and _________ 19 _______
(10).
9. Written objections in relation to the scheme may be made to the Minister for the Environment, Custom House, Dublin 1 before _________________ 19 ______
(11).
10. Further information in relation to the scheme may be obtained from _________________
(12).
County Secretary/Town Clerk
(6)
Date
NOTES TO FORM NO. 4.
The service of this notice on persons affected by the proposed revocation or modification of a planning permission shall be made in the manner set out in
section 79
of the
Roads Act, 1993
.
(1)
Insert the name of the road authority.
(2)
Insert the title of the scheme.
(3)
Insert the name and address (if known) of the person(s) on whom this notice is being served.
(4)
Insert reference number and date of planning permission as recorded in register of planning permissions kept in accordance with
section 8
of the
Local Government (Planning and Development) Act, 1963
.
(5)
Briefly outline what is authorised by the permission.
(6)
Delete as appropriate.
(7)
Insert a brief non-technical description of the proposed motorway/busway/protected road and the principal ancillary works
(8)
Insert the date on which the scheme was made.
(9)
Insert the name, address, telephone and fax numbers of the road authority and, where possible, the name and telephone extension of an appropriate official dealing with the suspension or modification of planning permissions.
(10)
The minimum period of inspection is one month.
(11)
The minimum period for making objection is two weeks from the end of the inspection period.
(12)
Insert the name, address, telephone and fax numbers of the road authority and, where possible, the name and telephone extension of an appropriate official dealing with the scheme.
SCHEDULE D: FORM NO. 5
PRESCRIBED FORM OF NOTICE TO PRESCRIBED
BODIES/PERSONS IN ACCORDANCE WITH SECTION 51 OF THE ACT.
(1)
To________________________
(2)
of _______________________
being a prescribed body for the purposes of
section 51
of the
Roads Act, 1993
.
11. It should be noted that for compensation purposes the land/part of the land
(4)
in which you have an interest consists of a house/houses
(4)
which, in the opinion of the road authority, is/are
(4)
unfit for human habitation and not capable of being rendered fit at reasonable expense
(4).
12. Further information may be obtained from ______________________________
(8)
.
County Secretary/Town Clerk
(4)
Date
NOTES TO FORM NO. 3.
The service of this notice on persons affected by the scheme shall be made in the manner set out in
section 79
of the
Roads Act, 1993
.
(1)
Insert the name of the road authority.
(2)
Insert the title of the scheme.
(3)
Insert the name and address (if known) of the person on whom the notice is being served.
(4)
Delete as appropriate.
(5)
Insert a brief non-technical description of the proposed motorway/busway/protected road and the principal ancillary works.
(6)
The minimum period for inspection is one month.
(7)
The minimum period for making written objections is two weeks from the end of the inspection period.
(8)
Insert the name, address, telephone and fax numbers of the road authority and, where possible, the name and telephone extension of an appropriate official.
SCHEDULE D: FORM NO. 4.
PRESCRIBED FORM OF NOTICE OF SUSPENSION OR
MODIFICATIONS OF A PLANNING PERMISSION IN
ACCORDANCE WITH SECTION 48 OF THE ACT.
(1)
(2)
SUSPENSION/MODIFICATION OF PLANNING PERMISSIONS.
To ______________________
(3)
of _______________________
13. (1) The prescribed forms for the purposes of sections 47, 48 and 51 are set out in Schedule D as follows—
(
a
) Form No. 1 or a form substantially to the like effect shall be the prescribed form for the purposes of subsection (2) of section 47 of the Act.
(
b
) Form No. 2A or a form substantially to the like effect shall be prescribed form for the purposes of section 48 (
a
) of the Act.
(
c
) Form No. 2B or a form substantially to the like effect shall be the prescribed form for the purposes of subsection (3) (
a
) of section 51 of the Act.
(
d
) Form Nos. 3 and 4 or forms substantially to the like effect shall be the prescribed forms for the purposes of section 48 (
b
) of the Act.
(
e
) Form No. 5 or a form substantially to the like effect shall be the prescribed form for the purposes of subsection (3) (
b
) and (3) (
c
) of section 51 of the Act.
(2) The area of a prescribed notice required to be published in a newspaper for the purposes of section 48 (
a
) and subsection (3) (
a
) of section 51 of the Act shall exceed 800 square centimetres.
PART X. MISCELLANEOUS.
14. Where any provision of the Act or of these Regulations requires the publication of an notice in one or more newspapers and where the notice relates to a national road, a motorway or a protected road, or to an environmental impact assessment, such notice shall be published in one or more national newspapers and in one or more local newspapers circulating in the area to which notice relates.
15. (1) Moneys accruing to a road authority under the Act shall, unless the Minister otherwise directs, be applied for the purposes of its functions under the Act or otherwise in relation to the construction and maintenance of public roads.
(2) Moneys accruing to the Authority under the Act shall, unless the Minister otherwise directs, be applied for the purposes of its functions under the Act or otherwise in relation to the construction and maintenance of national roads.
(3) In this article "moneys accruing" means moneys received in respect of any function under the Act by a road authority or the Authority, as the case may be, net of any expenses properly and reasonably incurred in respect of that function by the road authority or the Authority.
(4) This article shall not apply to moneys accruing to—
(
a
) a road authority under section 19 (1) (
f
) or section 82 of the Act,
or
(
b
) the Authority under section 24 of the Act.
SCHEDULE A.
REGULATIONS REVOKED.
S.I. No. 395 of 1977
Local Government (Roads and Motorways) Act, 1974
(Prescribed Forms) Regulations, 1977.
S.I. No. 396 of 1977
Local Government (Roads and Motorways) Act, 1974
(Prescribed Traffic) General Regulations, 1977.
S.I. No. 222 of 1988
Local Government (Roads and Motorways) Act, 1974
(Prescribed Forms) (Amendment) Regulations, 1988.
SCHEDULE B.
DECLARATION OF INTERESTS TO THE NATIONAL ROADS AUTHORITY UNDER
SECTION 40
of THE
ROADS ACT, 1993
.
I, _______________________ , hereby give to the National Roads Authority the following declaration of interests in compliance with the requirements of
section 40
of the
Roads Act, 1993
.
Section 40 applies to me as:*
(i) a member of the authority,
(ii) a member of a committee performing a function delegated to it by the authority,
(iii) a person to whom article 6(2) of the Roads Regulations, 1994 applies.
( a ) Particulars of any estate or interest which I have in any land or in any activity within the meaning of subsection (12) of section 40
( b ) Particulars of any business of dealing in or developing land, or any activity within the meaning of subsection (12) of section 40, in which I am engaged or employed and of any such business carried on by a company or other body of which I, or a nominee of mine, is a member
( c ) Particulars of any profession, business or occupation in which I am engaged, whether on my own behalf or otherwise, and which relates to dealing in or developing land or to any activity within the meaning of subsection (12) of section 40
I hereby declare that the foregoing is a true and complete declaration of every interest of mine which is an interest to which
section 40
of the
Roads Act, 1993
applies.
I further declare that should there be any change regarding the interests mentioned above or should I acquire any further interests to which section 40 applies I will make the appropriate declaration to the Authority immediately.
Signature_________________
Date _____________________
*
Delete whichever is not applicable.
SCHEDULE C.
PRESCRIBED FORM OF NOTICE IN RELATION TO THE
CARRYING OUT BY STATE AUTHORITIES ETC. OF WORKS
AFFECTING MOTORWAYS, BUSWAYS AND PROTECTED
ROADS.
APPLICATION FOR CONSENT TO CARRY OUT WORKS AFFECTING
(1)
In accordance with
section 53
of the
Roads Act, 1993
________________________
(2)
proposes to apply to the National Roads Authority/Minister for the Environment
(3)
for consent to carry out the following works—
(4)
A copy of the application may be inspected at _____________________ between the hours of _________ and _________on working days between _________ 19 _____ and _________ 19 _______
(5)
.
Written objections or representations in relation to the application may be made to_________
(6)
before ___________________________ 19 _________
(7).
The National Roads Authority/Minister
(3)
must consider any written objections or representations received and not withdrawn and may then grant or refuse to grant consent or grant consent subject to such specified conditions or restrictions as are considered necessary.
The National Roads Authority/Minister
(3)
has the discretion to hold an oral hearing into any written objections or representations received and having done so much consider the report and any recommendations of a person holding the oral hearing before making its/his
(3)
decision.
NOTES TO SCHEDULE C.
(1)
Insert name of motorway, busway or protected road (for example N34 Barrytown By-Pass).
(2)
Insert name of State authority, statutory undertaker or local authority.
(3)
Delete as apropriate. The National Roads Authority is the appropriate body for motorways etc. which are national roads and the Minister is the appropriate person formotorways etc. which are
not
national roads.
(4)
Insert details of the location of the proposed works and of the works themselves.
(5)
The minimum period for inspection is one month.
(6)
Insert National Roads Authority or Minister for the Environment as appropriate and give full postal address.
(7)
The minimum period for making objections and representations is two weeks from the end of the inspection period.
SCHEDULE D
FORM NO. 1.
PRESCRIBED FORM FOR A MOTORWAY, BUSWAY OR PROTECTED ROAD SCHEME UNDER
SECTION 47
of THE
ROADS ACT, 1993
.
(1)
(2)
In exercise of the powers conferred on it by
section 47
of the
Roads Act, 1993
___________
(1)
("the road authority") has made the following scheme in respect of the proposed provision of a motorway/busway/protected road
(3)
S.I. No. 119 of 1994.
ROADS REGULATIONS, 1994.
The Minister for the Environment in exercise of the powers conferred on him by
sections 7
,
40
,
43
,
47
,
48
,
50
,
51
,
53
,
54
,
75
and
83
of the
Roads Act, 1993
(No. 14 of 1993) hereby makes the following Regulations
PART I. PRELIMINARY AND GENERAL.