Roads Act 1993

Interpretation.

2

2. (1) In this Act, except where the context otherwise requires—

the Act of 1925” means the Local Government Act, 1925;

the Act of 1946” means the Local Government Act, 1946;

the Act of 1955” means the Local Government Act, 1955;

F1 [ ]

the Act of 1974” means the Local Government (Roads and Motorways) Act, 1974;

F1 [ ]

the Act of 1979” means the Local Government (Toll Roads) Act, 1979;

F1 [ ]

F2 [ Act of 2000 means Planning and Development Act 2000; ]

the Authority” means the National Roads Authority established under section 16 ;

busway” has the meaning assigned to it by section 44 ;

busway scheme” means a scheme in respect of a busway made F3 [ ] under section 47 ;

the Commissioner” means the Commissioner of the Garda Síochána;

consent” means consent in writing;

contravention” includes failure to comply;

development” has the meaning assigned to it by the Act of 1963;

F2 [ development plan has the meaning assigned to it by section 9(1) of the Act of 2000; ]

F4 [ EIA Directive means Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 1 as amended by Directive 2014/52/EU of the European Parliament and of the Council of 16 April 2014 2 ;

environmental impact assessment , in relation to a proposed road development, means a process in respect of the development

( a ) consisting of

(i) the preparation of an environmental impact assessment report in accordance with section 50 ,

(ii) the carrying out of consultation referred to in section 51(3) ,

(iii) the examination by An Bord Plean á la of the information presented in the environmental impact assessment report, any additional information provided in accordance with section 51(4) and any relevant information received through consultation under section 51(3) ,

(iv) the reaching by An Bord Plean á la of the reasoned conclusion referred to in section 51(5) on the significant effects of the proposed road development on the environment; and

(v) the integration by An Bord Plean á la of its reasoned conclusion into its decision under section 51(6) ,

and

( b ) including an examination, analysis and evaluation by An Bord Plean á la under section 51(5) in order to identify, describe and assess the direct and indirect significant effects of the particular proposed road development, including significant effects derived from the vulnerability of the proposed road development to risks of major accidents and disasters relevant to it, on

(i) population and human health,

(ii) biodiversity, with particular attention to species and habitats protected under Council Directive 92/43/EEC of 21 May 1992 3 and Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 4 ,

(iii) land, soil, water, air and climate,

(iv) material assets, cultural heritage and the landscape, and

(v) the interaction between the factors mentioned in subparagraphs (i) to (iv) ;

environmental impact assessment report shall be construed in accordance with section 50 ; ]

footpath” means a road over which there is a public right of way for pedestrians only, not being a footway;

footway” means that portion of any road associated with a roadway which is provided primarily for use by pedestrians;

functions” includes powers and duties and references to the performance of functions includes references to the performance of powers and duties;

F2 [ land has the meaning assigned it by the Act of 2000; ]

F5 [ local authority means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014); ]

local road” means a public road other than a national road or a regional road;

maintenance” in relation to public roads includes improvement and management;

F2 [ Minister means Minister for Transport; ]

motorway” has the meaning assigned to it by section 43 ;

motorway scheme” means a scheme in respect of a motorway made F3 [ ] under section 47 ;

national road” means a public road or a proposed public road which is classified as a national road under section 10 ;

owner” when used in relation to any thing which is the subject of a hire-purchase or leasing agreement includes the person in possession of that thing under the agreement;

pedal cycle” and “ pedal cyclist” have the meanings respectively assigned to them by the Act of 1961;

F2 [ planning authority has the meaning assigned to it by the Act of 2000;

planning permission means permission under Part III of the Act of 2000; ]

proposed road development” means any proposed road development F6 [ which is subject to an environmental impact assessment ] under section 50 ;

protected road” has the meaning assigned to it by section 45 ;

protected road scheme” means a scheme in respect of a protected road made F3 [ ] under section 47 ;

public authority” means—

( a) a Minister of the Government,

( b) a board or other body established by or under statute,

( c) a local authority;

public road” means a road over which a public right of way exists and the responsibility for the maintenance of which lies on a road authority;

regional road” means a public road or a proposed public road which is classified as a regional road under section 10 ;

F2 [ reserved function is to be read in accordance with section 131 of the Local Government Act 2001 ; ]

road” includes—

( a) any street, lane, footpath, square, court, alley or passage,

( b) any bridge, viaduct, underpass, subway, tunnel, overpass, overbridge, flyover, carriageway (whether single or multiple), pavement or footway,

( c) any weighbridge or other facility for the weighing or inspection of vehicles, toll plaza or other facility for the collection of tolls, service area, emergency telephone, first aid post, culvert, arch, gulley, railing, fence, wall, barrier, guardrail, margin, kerb, lay-by, hard shoulder, island, pedestrian refuge, median, central reserve, channelliser, roundabout, gantry, pole, ramp, bollard, pipe, wire, cable, sign, signal or lighting forming part of the road, and

( d) any other structure or thing forming part of the road and—

(i) necessary for the safety, convenience or amenity of road users or for the construction, maintenance, operation or management of the road or for the protection of the environment, or

(ii) prescribed by the Minister;

F2 [ road authority except in Part V , means a local authority ]

roadway” means that portion of a road which is provided primarily for the use of vehicles;

F7 [ rights includes, in relation to a scheme, rights which are existing or which are proposed to be created in the scheme;

scheme has the meaning assigned to it by section 47(1) ;

substratum of land means any subsoil or anything beneath the surface of land required

( a ) for the purposes of a tunnel or tunnelling or anything connected therewith, or

( b ) for any other purpose connected with a scheme; ]

F8 [ service area means an area beside or in the proximity of a public road where services and facilities for users of the road are provided under a motorway or service area scheme;

service area scheme means a scheme in respect of a service area made under section 47 ; ]

F2 [ special amenity area order means an order confirmed under section 203 of the Act of 2000; ]

State authority” means any authority being a Minister of the Government or the Commissioners of Public Works in Ireland;

statutory undertaker” has the meaning assigned to it by the Act of 1963;

F2 [ structure has the meaning assigned to it by the Act of 2000; ]

superannuation benefits” means pensions, gratuities and other allowances payable on resignation, retirement or death;

traffic sign” has the meaning assigned to it by section 95 of the Act of 1961.

(2) Except where the context otherwise requires, a reference in any enactment or instrument to a public road, a road or a road authority shall be deemed to be a reference to a public road, a road or a road authority as defined in this Act.

(3) Nothing in this Act affects any existing rule of law in relation to the liability of a road authority for failure to maintain a public road.

(4) The maintenance of a public road includes the provision and maintenance of public lighting.

(5) In this Act a reference to a Part, section or Schedule is to a Part or section of, or Schedule to this Act, unless it is indicated that reference to some other enactment is intended.

(6) In this Act a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

F4 [ (6A) A reference in this Act to an Annex is a reference to an Annex to the EIA Directive. ]

(7) In this Act a reference to any enactment shall be construed as a reference to that enactment as amended or adapted by or under any subsequent enactment.

Annotations:

Amendments:

F1

Deleted (11.07.2007) by Roads Act 2007 (34/2007), s. 11 and sch., commenced on enactment.

F2

Substituted (11.07.2007) by Roads Act 2007 (34/2007), s. 11 and sch., commenced on enactment.

F3

Deleted (11.07.2007) by Roads Act 2007 (34/2007), s. 11 and sch., commenced on enactment.

F4

Inserted (24.06.2019) by European Union (Roads Act 1993) (Environmental Impact Assessment) (Amendment) Regulations 2019 (S.I. No. 279 of 2019), reg. 3(a), (c), subject to interpretation provision in reg. 2(2).

F5

Substituted (1.06.2014) by Local Government and Reform Act 2014 (1/2014), s. 5(8) and sch. 2 part 6, S.I. No. 214 of 2014.

F6

Substituted (24.06.2019) by European Union (Roads Act 1993) (Environmental Impact Assessment) (Amendment) Regulations 2019 (S.I. No. 279 of 2019), reg. 3(b), subject to interpretation provision in reg. 2(2).

F7

Inserted (1.07.1998) by Roads (Amendment) Act 1998 (23/1998), s. 2(b), commenced on enactment.

F8

Inserted (11.07.2007) by Roads Act 2007 (34/2007), s. 11 and sch., commenced on enactment.

Editorial Notes:

E3

Previous affecting provision: definition of “Minister” substituted (1.01.1998) by Roads (Amendment) Act 1998 (23/1998), s. 2(a), commenced on enactment; definition substituted as per F-note above.

1 OJ No. L 26, 28.1.2012, p. 1

2 OJ No. L 124, 25.4.2014, p. 1

3 OJ No. L 206, 22.7.1992, p. 7

4 OJ No. L 20, 26.1.2010, p. 7