(LRC Revised)

Number 55 of 2001

TRANSPORT (RAILWAY INFRASTRUCTURE) ACT 2001

REVISED

Updated to 3 June 2026

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative

consolidation of the

Transport (Railway Infrastructure) Act 2001

. It is prepared

by the Law Reform Commission in accordance with its function under the

Law Reform

Commission Act 1975

(3/1975) to keep the law under review and to undertake

revision and consolidation of statute law.

All Acts up to and including the

International Co-Operation (Omagh Bombing Inquiry) Act 2026

(12/2026), enacted 3 June 2026, and all statutory instruments up to and including

the

European Union (Restrictive Measures Against Serious Human Rights Violations and Abuses)

Regulations 2026

(S.I. No. 239 of 2026), made 3 June 2026, were considered in the preparation of this

Revised Act.

Disclaimer: While every care has been

taken in the preparation of this Revised Act, the Law Reform Commission can assume

no

responsibility for and give no guarantees, undertakings or warranties concerning the

accuracy, completeness or up to date nature of the information provided and does not

accept any liability whatsoever arising from any errors or omissions. Please notify

any

errors, omissions and comments by email to revisedacts@lawreform.ie.

Number

55

of

2001

TRANSPORT (RAILWAY

INFRASTRUCTURE) ACT 2001

REVISED

Updated to

3 June 2026

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1.

Short title.

2.

Interpretation.

3.

Repeals.

4.

Continuation of orders made under Act of 1963 and Act of 1996.

5.

Laying of orders and regulations before Houses of Oireachtas.

6.

Offences by bodies corporate.

7.

Expenses.

PART 2

Railway Procurement Agency

8.

Establishment

day.

(Repealed)

9.

Establishment

of Agency.

(Repealed)

10.

Seal of

Agency.

(Repealed)

11.

Functions of Agency.

12.

Subsidiaries, investments, joint ventures, etc.

13.

Charges for services.

14.

Gifts.

(Repealed)

15.

Borrowings

by Agency.

(Repealed)

16.

Guarantee by

Minister for Finance of borrowing by Agency.

(Repealed)

17.

Advances by

Minister to Agency.

(Repealed)

18.

Reports and

information to Minister.

(Repealed)

19.

Accounts and

audits.

(Repealed)

20.

Membership

of Agency.

(Repealed)

21.

Chairperson

of Agency.

(Repealed)

22.

Meetings of

Agency.

(Repealed)

23.

Chief

executive of Agency.

(Repealed)

24.

Staff of

Agency.

(Repealed)

25.

Superannuation.

26.

Membership

of either House of Oireachtas, European Parliament or local

authority.

(Repealed)

27.

Code of

conduct.

(Repealed)

28.

Declaration

of interests.

(Repealed)

29.

Disclosure

of interests.

(Repealed)

30.

Prohibition

on unauthorised disclosure of confidential information.

(Repealed)

31.

Prohibition

on certain communications.

(Repealed)

32.

Power of

Minister to issue directions and guidelines to Agency.

(Repealed)

33.

Transfer of

property.

(Repealed)

34.

Transfer of

rights and liabilities.

(Repealed)

35.

Continuance

of pending legal proceedings.

(Repealed)

PART 3

Railway Orders

36.

Surveys and inspections.

37.

Application for a railway

order.

38.

Exempted development.

39.

Environmental Impact Assessment

Report.

39A.

Designated bodies.

40.

Publication of notice in relation

to application for railway order.

40A.

Notification to Minister for

Housing, Planning and Local Government

41.

Further information to

Board.

42.

Oral hearings.

42A.

Coordinated

assessments

42B.

Reasoned conclusion

43.

Railway order.

43A.

Interpretation – sections 43B to

43F

43B.

Duty to notify, and to comply

with modification and conditions of approval

43C.

Minister to ensure compliance

with modifications and conditions

43D.

Power to request information

regarding compliance with modification or condition

43E.

Power to carry out assessment of

railway undertaking’s compliance with environmental condition

43F.

Power to direct action to ensure

compliance with environmental condition

44.

Provisions in relation to railway

order.

45.

Compulsory acquisition of

land.

46.

Notification of grant of railway

order.

47.

Judicial review of railway order

and related acts.

47A.

Section 47: supplemental

provisions.

47B.

Discussions with Board before

making an application.

47C.

Section 47B: supplemental

provisions.

47D.

Supplemental powers for the

Board.

47DD.

Direction of payment of costs by

Board.

47E.

Objective of the Board in

relation to railway orders.

47F.

Construction of certain

references and transitional provision.

47G.

Transitional and saving

provisions relating to Act of 2024.

48.

Power of railway undertaking to carry out railway works and to enter land.

49.

Lopping of trees.

50.

Breaking up of roads, etc.

51.

Safety of

railways.

(Repealed)

52.

Service of notices.

53.

Obstruction.

PART 4

On-street Regulation of Light Railway

54.

Speed limits.

55.

Driving

while unfit or under influence of intoxicant.

(Repealed)

56.

Prohibition on person disqualified for holding driving licence from driving light

rail vehicle on public road.

57.

Compulsory

insurance of light rail vehicles.

(Repealed)

58.

Minimum qualifications and competencies required by driver of light rail vehicle.

59.

Duty to give information to member of Garda Síochána.

60.

Unauthorised taking or interference with light rail vehicle.

61.

Restriction on application of regulations made under section 11 of Act of 1961.

62.

Amendment of section 35(2)(

d

) of Act of 1994.

63.

Excavation or closure of public roads.

PART 5

Miscellaneous

64.

Trespass on railway.

65.

Unlawful use of railway.

66.

Bye-laws.

66A.

Immobilisation, removal, etc. of

unlawfully parked vehicles.

66B.

Powers of authorised

officers.

66C.

Fixed payment notice.

66D.

Parking charges.

67.

Powers of arrest under Part.

68.

Prosecutions for offences under Part.

69.

Application of Railways Acts.

70.

Amendment to section 43 of Act of 1993.

71.

Subsidiary of CIÉ.

72.

Amendment to section 11 of Transport (Re-organisation of Córas Iompair Éireann) Act, 1986.

_______________

Acts Referred to

Borrowing Powers of Certain Bodies Act, 1996

1996, No. 22

Companies Act, 1963

1963, No. 33

Companies Acts, 1963 to 2001

European Parliament Elections Act, 1997

1997, No. 2

Forestry Act, 1946

1946, No. 13

Freedom of Information Act, 1997

1997, No. 13

Housing Act, 1966

1966, No. 21

Lands Clauses Acts

Lands Clauses Consolidation Act, 1845

1845, c. 18

Local Government (No. 2) Act, 1960

1960, No. 40

Planning and Development Act, 2000

2000, No. 30

Railways Clauses Consolidation Act, 1845

1845, c. 20

Regulations of Railways Act, 1871

1871, c. 78

Regulation of Railways Acts, 1840 to 1889

Roads Act, 1993

1993, No. 14

Roads (Amendment) Act, 1998

1998, No. 23

Road Traffic Act, 1961

1961, No. 24

Road Traffic Act, 1968

1968, No. 25

Road Traffic Act, 1994

1994, No. 7

Road Traffic Acts, 1961 to 1995

Transport Act, 1963

1963, No. 17

Transport (Dublin Light Rail) Act, 1996

1996, No. 24

Transport (Re-organisation of Córas Iompair

Éireann) Act, 1986

1986, No. 31

Number

55

of

2001

TRANSPORT (RAILWAY

INFRASTRUCTURE) ACT 2001

REVISED

Updated to

3 June 2026

AN ACT TO MAKE FURTHER PROVISION IN RELATION

TO TRANSPORT, TO ESTABLISH A BODY TO BE KNOWN AS THE RAILWAY PROCUREMENT AGENCY

OR, IN THE IRISH LANGUAGE, AN GHNÍOMHAIREACHT UM FHÁIL IARNRÓD, AND TO DEFINE ITS

FUNCTIONS, TO ENABLE THE MINISTER FOR PUBLIC ENTERPRISE TO AUTHORISE, BY ORDER, THE

CONSTRUCTION,

OPERATION AND MAINTENANCE OF RAILWAYS, TO PROVIDE FOR THE ON-STREET REGULATION

OF LIGHT RAILWAYS, TO MAKE FURTHER PROVISION IN RELATION TO CÓRAS IOMPAIR

ÉIREANN, TO REPEAL SECTIONS 2 TO 11 OF THE TRANSPORT ACT, 1963, AND THE TRANSPORT

(DUBLIN LIGHT RAIL) ACT, 1996, AND TO PROVIDE FOR CONNECTED MATTERS. [23

rd December

, 2001]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not altering

text)

C1

Application of

Act restricted (21.09.2011) by

European Communities (Birds and Natural

Habitats) Regulations 2011

(S.I. No. 477 of 2011), reg. 42(22), sch. 2, in

operation as per reg. 1(3).

Screening for Appropriate Assessment and Appropriate Assessment of

implications for European Sites

42.

...

(22) Notwithstanding any provision

of any statute listed in the Second Schedule that provides for the consent for a

plan or project to which this Regulation applies to be obtained by default on the

failure of the public authority to provide a response within a specified timescale

or otherwise, that provision shall not have effect in respect of any plan or

project to which this Regulation applies.

...

SECOND SCHEDULE

Number

Year

Short

Title/Citation

...

55

...

2001

...

Transport (Railway Infrastructure) Act, 2001

...

C2

Application of Act

restricted by

Planning and Development Act 2000

(30/2000), s. 177V(3), as

inserted (21.09.2011) by

Planning and Development (Amendment) Act 2010

(30/2010), s. 57, S.I. No. 475 of 2011, art. 2(f), and as amended (21.09.2011) by

European Union (Environmental Impact Assessment and Habitats) Regulations

2011

(S.I. No. 473 of 2011), reg. 12(a).

[Appropriate

assessment.

177V

.— ...

(3) Notwithstanding any other

provision of this Act, or, as appropriate, the Act of 2001, or the Roads Acts 1993

to 2007

[

and save as otherwise provided for in sections 177X, 177Y, 177AB

and 177AC

]

, a competent authority shall make a Land use plan or give

consent for proposed development only after having determined that the Land use

plan or proposed development shall not adversely affect the integrity of a

European site.

...

]

Annotations

Modifications (not altering

text)

C1

Application of

Act restricted (21.09.2011) by

European Communities (Birds and Natural

Habitats) Regulations 2011

(S.I. No. 477 of 2011), reg. 42(22), sch. 2, in

operation as per reg. 1(3).

Screening for Appropriate Assessment and Appropriate Assessment of

implications for European Sites

42.

...

(22) Notwithstanding any provision

of any statute listed in the Second Schedule that provides for the consent for a

plan or project to which this Regulation applies to be obtained by default on the

failure of the public authority to provide a response within a specified timescale

or otherwise, that provision shall not have effect in respect of any plan or

project to which this Regulation applies.

...

SECOND SCHEDULE

Number

Year

Short

Title/Citation

...

55

...

2001

...

Transport (Railway Infrastructure) Act, 2001

...

C2

Application of Act

restricted by

Planning and Development Act 2000

(30/2000), s. 177V(3), as

inserted (21.09.2011) by

Planning and Development (Amendment) Act 2010

(30/2010), s. 57, S.I. No. 475 of 2011, art. 2(f), and as amended (21.09.2011) by

European Union (Environmental Impact Assessment and Habitats) Regulations

2011

(S.I. No. 473 of 2011), reg. 12(a).

[Appropriate

assessment.

177V

.— ...

(3) Notwithstanding any other

provision of this Act, or, as appropriate, the Act of 2001, or the Roads Acts 1993

to 2007

[

and save as otherwise provided for in sections 177X, 177Y, 177AB

and 177AC

]

, a competent authority shall make a Land use plan or give

consent for proposed development only after having determined that the Land use

plan or proposed development shall not adversely affect the integrity of a

European site.

...

]