S.I. No. 370/2000 - Dublin Light Rail - (Line C - Abbey Street To Store Street) Order, 2000.

1. Prior to the attaching of catenary wires to any building in Upper Abbey Street, Lower Abbey Street or Beresford Place, the applicant is to supply for the agreement of Dublin Corporation appropriate detailed drawings of the proposed connections. In default of agreement between Dublin Corporation and the applicant, the matter should be decided by the Minister for Public Enterprise.

2. Prior to the submission of the aforementioned drawings for the approval of Dublin Corporation, the comments of An Taisce concerning the proposals are to be sought by the applicant. Any representations made by An Taisce as a result of such exchange of information should be included in the documents to be presented to the Local Authority.

3. Prior to the commencement of development under this Light Rail Order, the applicant should submit for the agreement of Dublin Corporation a plan in respect of the development of the 549 square metres to be acquired from the Commissioners of Public Works of Ireland. This plan to contain thereon details of the proposed access to the Coroner's Court building and to include proposals in respect of the remaining proportion of the land. In the absence of agreement between the applicant and Dublin Corporation concerning the details of such a proposal, the matter shall be determined by the Minister for Public Enterprise. This condition is without prejudice to the legal necessity for the applicant to apply for planning permission in respect of any development on this site not covered by the terms of the Light Rail Order.

4. It is considered appropriate that advertising should not undermine the character of the public domain. Advertising at each station stop shall be restricted to a small drum as outlined in the EIS drawing. Any deviation or change from this procedure shall be the subject of a normal planning application.

5. By agreement the applicant and Irish Life Assurance plc., the extinguishment of the private right proposed at Ref: 11-W1 Plan No: CP11OA is to be deleted from the Order.

6. Prior to the commencement of development under this Light Rail Order, the applicant shall establish or cause to be established or participate in the establishment of a local liaison committee in respect of this area to represent the interests of all statutory authorities likely to be affected including the relevant local authority, Garda Síochána, utilities, business and residential groups. The composition of the committee should be determined by the traffic management committee established in respect of Line A. In the absence of agreement the membership shall be determined by the Minister for Public Enterprise. The applicant shall have a positive responsibility to ensure that all construction proposals likely to impact on the property and/or business interests of the area are considered by this liaison committee prior to their implementation.

7. Prior to the commencement of works under this Order, the applicant should seek the advice of Dúchas on the archaeological significance of the work proposed. The applicant shall implement any recommendation received from Dúchas. In the event of any disagreement between the applicant and Dúchas on any matter (including the recommendations of Dúchas) the issue shall be determined by the Minister for Public Enterprise.

8. There shall be deleted from the Second Schedule (land which may be acquired) all references from 11-A3 to 11-A15 inclusive.

9. There shall be deleted from the Third Schedule, Part I (structures on which brackets, cables or wires or other fixtures may be attached) the following references: 11-F51 to 11-F54 inclusive.

10. There shall be deleted from the Sixth Schedule the following roads listed as public roads on which Light Rail works may be carried out: Amiens Street and Harbour-master Place.

11. There shall be deleted from the Eighth Schedule, Part II: all entries.

12. There shall be deleted from the Tenth Schedule reference nos: 11-T2 and 11-T3.

13. The works authorised under this Order shall not commence before the Minister has made an Order under the Transport (Dublin Light Rail) Act, 1996 in respect of Light Rail works connecting the Store Street stop herein to a stop located in or adjacent to Connolly Street station.

GIVEN under my Official Seal, this 22nd day of November, 2000.

MARY O'ROURKE T.D.,

Minister for Public Enterprise.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The effect of this Order is to confer on Córas Iompair Éireann the necessary powers under the

Transport (Dublin Light Rail) Act, 1996

to construct, maintain and operate a light railway system known as Dublin Light Rail Line (C(S) — Store Street to Connolly Station) Order 2000. The plans referred to in the Order are available for inspection or purchase at the Dublin Light Rail Office, Heuston Station, Dublin 8.

14. (1) Where the light railway works have been constructed on a public road, the Board may, for the purposes of the maintenance, upgrading or improving of the said light railway works—

(

a

) remove or discontinue the operation of the light railway or

(

b

) lay, maintain and operate in or near such light railway a temporary light railway in lieu of the aforementioned light railway.

(2) The Board in exercising the power contained in paragraph (1) of this Article shall, before carrying out such works, obtain the consent of the relevant road authority to the carrying out by the Board of such works as aforesaid which consent shall not be unreasonably withheld or delayed.

(3) Where the Board or the road authority is of the opinion that the public road, the subject of the works referred to at paragraph (1) of this Article, should properly be temporarily closed to vehicular traffic then it shall request the road authority temporarily to close to vehicular traffic the said public road and the provisions of Article 8 of this Order shall apply in relation to such temporary closure. Where the road authority is of the opinion that such public road should be temporarily closed to such traffic it shall notify in writing the Board of such opinion whereupon the Board shall furnish a request to such road authority in accordance with the provisions of sub-paragraph (1) of Article 8 of this Order and the provisions of the said Article shall thenceforth apply in respect of such temporary closure.

Motive power.

15. (1) The light railway shall be operated by mechanical power.

(2) Where the light railway is laid on a carriageway then, so far as is practicable, it shall be so constructed and maintained as to ensure that the uppermost surface of the rails of the railway is generally level with the adjacent surface of such carriageway.

(3) The gauge of the light railway shall be nominally 1435mm (4ft 8½ ins).

Period for which the Board is authorised to carry out works.

16. (1) Construction of the works authorised by this Order shall be completed at the end of the period of 5 years beginning on the day upon which this Order comes into force.

(2) Paragraph (1) of this Article shall not apply to any works required for the maintenance or improvement of the light railway works or any of them.

PART 3

Acquisition And Possession Of Land

Power to acquire land.

17. (1) Subject to the provisions of the Act, the Board may acquire compulsorily and use all or such part of the lands shown on the deposited plan and specified in the Schedule 2 as the Board may require for the purposes of the light railway or for purposes incidental or ancillary to such purposes.

(2) Without prejudice to the provisions of Article 20 of this Order and subject to the provisions of the Act, the Board may acquire compulsorily and use all of the basements specified in the Schedule 4 to this Order or such parts thereof as the Board may consider necessary to acquire for the purposes of the light railway works.

Acquisition of easements.

18. Subject to the provisions of the Act, the Board may acquire compulsorily such rights over all or part of the lands shown on the deposited plan and specified in the Schedule 7 as may be required for the purposes of the light railway.

Extinguishment of rights including rights of way.

19. Subject to the provisions of the Act the Board may—

(

a

) extinguish all public rights of way specified in Part 1 of the Schedule 8 to this Order,

(

b

) extinguish all private rights including rights of way, if any, specified in Part 2 of the Schedule 8 to this Order, and

(

c

) temporarily stop up the rights of way specified in the Schedule 9 to this Order.

Use of air space.

20. (1) Without prejudice to the provisions of Article 17 of this Order, the Board may enter upon and use so much of the air space over a public road as may reasonably be required for the purposes of or in connection with the light railway or the works authorised by this Order.

(2) The power under paragraph (1) of this Article may be exercised in relation to a public road without the Board being required to acquire any part of the public road or any easement or other right in relation to the surface of the public road.

Temporary possession of land.

21. (1) The Board may enter upon and take temporary possession of the lands specified in the Schedule 10 to this Order or any part of such lands.

(2) In particular, but without prejudice to the generality of paragraph (1) of this Article, the Board may—

(

a

) enter upon and take temporary possession of such land for the provision of working sites and access for construction purposes and for such purposes may construct and remove any structures thereon, cut and remove anything growing on such land or part thereof, and generally do all such things to and on such lands as may be required to adapt it for such working or access,

(

b

) enter upon and take temporary possession of a building, part whereof may in exercise of the powers conferred on the Board by the Act and this Order have been compulsorily acquired or interfered with for the purpose of carrying out works on the unacquired or uninterfered with part of such building with a view to minimising the damage or injury done or likely to be done by the acquisition of, removal of or interference with the part of such building so acquired or interfered with.

(3) Before giving up possession of land specified in the Schedule 10 to this Order, the Board shall remove all temporary works and structures constructed by it on the said land and, subject to any agreement to the contrary with the owners and occupiers of the said land, shall restore the said land as far as possible to its former state to the reasonable satisfaction of the owners and occupiers.

(4) The Board shall not be required to acquire any land of which it takes temporary possession pursuant to this Article.

(5) The Board shall pay to the owners and occupiers of land, of which it takes temporary possession by virtue of this Article, such compensation for any loss thereby suffered as though it were loss suffered and the amount of the compensation determined in consequence of the exercise by the Board of a power conferred upon it by Section 14 of the Act.

Period in which the Board may compulsorily acquire land and interests in land.

22. (1) The powers conferred on the Board by this Order to acquire compulsorily land or rights over land and the power conferred by Article 21 of this Order to enter upon and take temporary possession of land shall cease at the end of the period of 5 years beginning on the day upon which this Order comes into force.

(2) The powers of the Board compulsorily to acquire land or rights over land shall for the purposes of this Article be deemed to have been exercised if Notice to Treat has been served in respect of such land or rights before the end of the period mentioned in paragraph (1) of this Article.

(3) Notwithstanding paragraph (1) of this Article, the Board shall be entitled to remain in temporary possession of land pursuant to Article 21 of this Order after the end of the period mentioned in Paragraph (1) of this Article where possession of such land was taken before the end of such period.

PART 4

Miscellaneous

Relocation of utility apparatus.

23. (1) Wherever the Board is authorised to carry out, do, construct or maintain works by virtue of the Act and this Order and any apparatus of a utility will or may be affected in consequence thereof the following provisions shall apply:—

(

a

) where land is acquired by the Board a utility whose apparatus is under, in, over, along or across the said land or any part thereof may and, upon reasonable request by the Board, shall, without unreasonable delay, do one or more of the following

(i) remove the apparatus and place it or other apparatus provided in substitution for it in such other position or location as may be agreed with the Board,

(ii) provide other apparatus in substitution for the existing apparatus and place it in such position or location as may be agreed with the Board, or

(iii) take such further or other steps or make such further or other provision with the agreement of the Board as may secure the apparatus of the utility and the works of the Board and the proper functioning of each of them respectively from mutual interference or damage;

(

b

) where the apparatus of a utility is under, in, upon, over, along or across a public road, the utility may and upon reasonable request by the Board shall without unreasonable delay do any one or more of the following

(i) remove the apparatus and place it or other apparatus provided in substitution for it in such other position or location as may be agreed with the Board,

(ii) provide other apparatus in substitution for the existing apparatus and place it in such position or location as may be agreed with the Board,

(iii) take such further or other steps or make such further or other provision with the agreement of the Board as may secure the apparatus of the utility and the works of the Board and the proper functioning of each of them respectively from mutual interference or damage.

(2) (

a

) Subject to the provisions of subparagraph (

b

) of this paragraph, the Board shall pay to a utility an amount equal to the cost reasonably incurred by that utility in or in connection with the discharge by that utility of obligations on it arising pursuant to paragraph (1) of this Article.

(

b

) (i) Where a utility, in the course of the discharge of obligations arising pursuant to paragraph (1) of this Article, causes its apparatus or any part thereof to be improved whether as to type, construction, design, layout, placement or in any other respect, the sum payable by the Board pursuant to sub-paragraph (

a

) of this paragraph shall nevertheless not exceed the cost that would have been reasonably incurred by the utility if the improvement had not been effected.

(ii) Where the discharge by a utility of obligations arising pursuant to paragraph (1) of this Article results in benefit to the utility, a sum equivalent to the reasonable value of such benefit, as agreed with the Board or in default of agreement determined on arbitration pursuant to Article 24 hereof, shall be deductable by the Board from any sum otherwise payable to the utility pursuant to subparagraph (

a

) of this paragraph.

(3) A utility may permit the Board to carry out or cause to be carried out such portion of the works as the utility may agree in accordance with such conditions as may be agreed between the Board and the utility, provided, however, that a utility shall not be obliged to enter into any such agreement.

Arbitration.

24. Should any dispute arise between the Board and a utility in relation to the carrying out, doing, construction or maintenance of any of the light railway works authorised by this Order, or in relation to any matter referred to in Article 23 of this Order, the following shall apply

(

a

) the Board and the utility shall use their best endeavour to resolve any such dispute on terms acceptable to the Board and the utility.

(

b

) If, after such period as the Board or the utility considers reasonable, such dispute has not been resolved to the satisfaction of both parties the following provisions shall apply—

(i) either party may, by 14 days notice in writing to the other party, require the subject matter of the dispute to be submitted to a single Arbitrator and shall, in such notice, nominate a person to arbitrate upon the subject matter of the dispute;

(ii) the party receiving such notice may, within the said period of 14 days, by a counter notice, either—

(I) accept the Arbitrator nominated by the party serving the original notice, or

(II) nominate not less than two alternative persons to act as such Arbitrator;

(iii) If any one of the persons nominated by the parties is acceptable to both parties of the dispute then the subject matter of the arbitration shall be referred to such Arbitrator as soon as may be after such Arbitrator has indicated his willingness to act as Arbitrator;

(iv) If, after service of such notice and such counter-notice, the parties fail to agree upon an Arbitrator or if an Arbitrator agreed upon has failed to indicate, within 14 days of being so requested, his willingness to act then either the Board or the utility may apply to the Chairman for the time being of the Irish Branch of the Chartered Institute of Arbitrators for the appointment of an arbitrator;

(v) where the Arbitrator is so appointed by the Chairman of the Irish Branch of the Chartered Institute of Arbitrators, he or she shall notify the Board and the utility in writing of his or her appointment as soon as may be thereafter and shall conduct the arbitration in accordance with the rules of the Irish Branch of the said Institute.

(vi) The provisions of the Arbitration Acts, 1954 — 1998, shall apply to the arbitration and the decision of the Arbitrator in relation to the dispute and all matters connected there-with shall be binding on the parties thereto.

Agreement between the Board and road authorities.

25. The Board may, from time to time, enter into and carry into effect and thereafter from time to time alter, renew or vary contracts, agreements, or arrangements with a relevant road authority in regard to the laying down, making, paving, metalling or keeping in repair of any public road and the light railway thereon or in respect of altering the levels of the whole or any part of any public road in which the Board is authorised to lay down the light railway and the proportion to be paid by them or either of them of the expenses of laying down, making, paving, metalling or keeping in repair or altering the level of such public road and light railway.

Interference with roads.

26. If, in the course of constructing or maintaining the light railway, the Board shall interfere with any public road it shall make good all damage done by it to such road. If any dispute arises between the Board and any relevant road authority, it shall be referred to arbitration in accordance with the provisions of Article 24 of this Order.

Rights of utilities.

27. Nothing in this Order shall take away or abridge any power to open or break up any road in which a light railway is laid or any other power vested in any utility for the purpose of laying down, repairing, altering or removing any apparatus. However, in relation to the exercise of such power the following provisions shall apply

(

a

) such power shall not be capable of being exercised without the prior consent in writing of the Board, which consent shall not be unreasonably with-held or delayed;

(

b

) a utility, in exercising such powers with the consent of the Board, shall, in all respects, comply with any reasonable conditions specified by the Board as necessary for or in connection with the construction, maintenance or operation of the light railway or the light railway works for the protection of the light railway.

Expenses of Minister for Public Enterprise.

28. Any expenses incurred by the Minister for Public Enterprise in the exercise of functions under the Act and this Order shall, to such extent as may be determined by the Minister for Finance, be paid to the Minister by the Board.

SCHEDULES

SCHEDULE 1

Part 1

Description of the works authorised by this Order

Work No. 1

A light railway approximately 525 metres in length consisting of double lines of light railway commencing at match line O, approximately 105 metres west of the centre of the intersection of Abbey Street and O'Connell Street, and running in an easterly direction along the northern side of Middle Abbey Street to the intersection of O'Connell Street and Abbey Street and crossing the intersection and continuing in an easterly direction along the southern side of Lower Abbey Street and the northern side of Beresford Place, through the northern ope of the Loop Line Railway Bridge and ending at match line A, at the junction of Beresford Place and Gardiner St., as shown on Plan No.

C-RO 11 O-A

.

Work No. 2

A light railway approximately 217 metres in length consisting of double lines of light railway commencing at match line A at the junction of Beresford Place and Gardiner Street and running in an easterly direction along the northern side of Beresford Place to the junction of Beresford Place and Store Street and turning to run in a northerly direction along the western side of Store Street and turning to run in an easterly direction along the northern side of Store Street to the junction of Store Street and Amiens Street and ending at a line produced by continuing southwards, in a straight line across Store Street, the Amiens Street building line of the premises (shown on Plan No.

C-RO 11 A-O

) No. 1 Store Street.

Part 2

Further works authorised by this Order

Work No. 1

Construct an underground electricity sub-station beneath the median on Lower O'Connell Street, south of the intersection of Abbey Street and O'Connell Street, as shown on Plan No.

C-RO 11 O-A

.

Work No. 2

Construct a stop to be called “Abbey stop” and located on the southern side of Lower Abbey Street, east of the intersection of Abbey Street and O'Connell Street and to the west of the intersection of Abbey Street and Marlborough Street, as shown on Plan No.

C-RO 11 O-A

and as shown in detail on Plan No. C

-ST 11 O-A

.

Work No. 3

Affix a canopy to the frontage of no. 35 Lower Abbey Street as shown on Plan No.

C-ST 11 O-A

.

Work No. 4

Erect a light rail system communications aerial on the roof of Busáras

Work No. 5

Construct a stop to be called “Busáras stop” and located on the northern side of the east-west section of Store Street, immediately west of the junction of Store Street and Amiens Street, as shown on Plan No.

C-RO 11 A-O

and as shown in detail on Plan No.

C-ST 11 A-O1

.

Work No. 6

Develop the site located immediately west of the Coroner's Court complex and bounded by Talbot Place and Store Street to provide new vehicular access to the Coroner's Court complex from Talbot Place and a turning facility for vehicles on Talbot Place as shown on Plan No.

C-RO 11 A-O

and develop the residual areas of the site for car and/or taxi set-down and/or pick-up.

SCHEDULE 2

Land which may be acquired

SCHEDULE 3

PART 1

Buildings etc. to which brackets may be attached

Part 2

Land upon which poles may be erected

SCHEDULE 4

Basements under public road which may be required

SCHEDULE 5

New Roads which may be constructed

NONE

SCHEDULE 6

Public Roads upon which the light railway works may be carried out

Abbey Street Middle

O'Connell Street

Abbey Street Lower

Beresford Place

Store Street

Talbot Place

SCHEDULE 7

Rights of way and other easements which may be acquired

SCHEDULE 8

Part 1

Public rights of way which may be extinguished

Part 2

Private rights which may be extinguished

SCHEDULE 9

Rights of way which may be temporarily interrupted

SCHEDULE 10

Land which may be temporarily occupied

SCHEDULE 11

CONDITIONS

ARRANGEMENT OF ARTICLES

PART I

Preliminary and General

1.

Citation.

2.

Interpretation

3.

Authorisation

4.

Incorporation of enactments.

PART 2

Works Provisions

5.

Construction of works.

6.

General powers of the Board.

7.

Power to alter the layout of public roads.

8.

Temporary closure of roads.

9.

Construction of new roads.

10.

Construction of bridges.

11.

Fixing of brackets to buildings and erection of poles.

12.

Underpinning of buildings.

13.

Discharge of water.

14.

Temporary light railways.

15.

Motive power.

16.

Period for which the Board is authorised to carry out works.

PART 3

Acquisition and Possession of Land

17.

Power to acquire land.

18.

Acquisition of easements.

19.

Extinguishment of rights including rights of way.

20.

Use of air space.

21.

Temporary possession of land.

22.

Period in which the Board may compulsorily acquire land and interests in land.

PART 4

Miscellaneous

23.

Relocation of utility apparatus.

24.

Arbitration.

25.

Agreement between the Board and road authorities.

26.

Interference with roads.

27.

Rights of utilities.

28.

Expenses of Minister for Public Enterprise.

SCHEDULES

SCHEDULE 1

PART 1

Description of the works authorised by this Order

PART 2

Further works authorised by this Order

SCHEDULE 2

Land which may be acquired

SCHEDULE 3

PART 1

Buildings etc. to which brackets may be attached

PART 2

Land upon which poles may be erected.

SCHEDULE 4

Basements under public road which may be required

SCHEDULE 5

New roads which may be constructed

SCHEDULE 6

Public roads upon which the light railway works may be carried out

SCHEDULE 7

Rights of way and other easements which may be acquired

SCHEDULE 8

Part 1

Public rights of way which may be extinguished

Part 2

Private rights which may be extinguished

SCHEDULE 9

Rights of way which may be temporarily interrupted

SCHEDULE 10

Land which may be temporarily occupied

SCHEDULE 11

Conditions

S.I. No. 370 of 2000.

DUBLIN LIGHT RAIL (LINE C — ABBEY STREET TO STORE STREET) ORDER, 2000

WHEREAS Córas Iompair Éireann (“the Board”) applied to the Minister for Public Enterprise (“the Minister”) for a light railway order pursuant to

section 3

of the

Transport (Dublin Light Rail) Act, 1996

(No. 24 of 1996);

AND WHEREAS a draft of the proposed Order entitled “Dublin Light Rail — Line C — Abbey Street to Connolly Station Order (No. 3) 1999” accompanied the application, pursuant to subsection (2) of the said section 3, together with the other documents referred to in that subsection;

AND WHEREAS an Inquiry was established and an Inspector appointed by warrant of appointment of 19 October 1999, pursuant to section 8 of the said Act;

AND WHEREAS the Inquiry was duly conducted and the Inspector has reported to the Minister on 11 January 2000 and recommended that the application be approved by her insofar as it related to the development from Lower Abbey Street to Store Street stop only, subject to the conditions set out in Chapter 4 of the Report of the Inquiry and the concessions made by the applicant during the Inquiry process;

AND WHEREAS the Minister advised the applicant by letter dated 10 February 2000 that she agreed with the Inspector's findings and accepted his recommendations and approved the application subject to those recommendations;

AND WHEREAS, the Minister in that letter indicated to the applicant that she would not make the Order in respect of that approval until an acceptable proposal for a link between Store Street and Connolly Station had been received;

AND WHEREAS, subsequently, the Board applied to the Minister for a light railway order pursuant to

section 3

of the

Transport (Dublin Light Rail) Act, 1996

;

AND WHEREAS a draft of a proposed Order entitled “Dublin Light Rail — Line C(S) — Store Street to Connolly Station Order, 2000” accompanied the application, pursuant to subsection (2) of the said section 3, together with the other documents referred to in that subsection;

AND WHEREAS an Inquiry was established and an Inspector appointed by warrant of appointment of 4 July 2000, pursuant to section 8 of the said Act;

AND WHEREAS the Inquiry was duly conducted and the Inspector has reported to the Minister on 2 October 2000 and recommended that the application be approved by her subject to the conditions set out in Chapter 4 of the Report of that Inquiry and the concessions made by the applicant during the Inquiry process;

Now, therefore, the Minister for Public Enterprise, in exercise of the powers conferred on her by subsection (2) of

section 9

of the

Transport (Dublin Light Rail) Act, 1996

, after having considered the matters relevant to the application pursuant to subsection (1) of that section and being of the opinion that application should be granted, order as follows

PART 1

PRELIMINARY

Citation.