Roads Act 1993

F61 [ Power to request information regarding compliance with modification or condition

51E

51E. (1) The Minister or, as the case may be, the Authority notified of a modification or condition under section 51C may request the developer to furnish, within a specified period, specified information in relation to the developer s compliance with the modification or condition, and that developer shall comply with such a request.

(2) A request under subsection (1) by the Minister to the Authority may include a request for information relating to

( a ) the number and location of places within an area at which monitoring is being carried out and the frequency of such monitoring,

( b ) the manner in which samples and measurements are taken and analyses are carried out,

( c ) the equipment being used for the purposes of taking such samples and measurements, or of carrying out such analyses, and

( d ) the results of any monitoring carried out.

(3) A developer that fails to comply with a request under subsection (1) shall be guilty of an offence and shall be liable

( a ) on summary conviction, to a class A fine or to imprisonment for any term not exceeding 6 months or, at the discretion of the court, to both such fine and such imprisonment, or

( b ) on conviction on indictment, to a fine not exceeding 500,000 or to imprisonment for a term not exceeding 3 years or, at the discretion of the court, to both such fine and such imprisonment. ]

Annotations:

Amendments:

F61

Inserted (24.06.2019) by European Union (Roads Act 1993) (Environmental Impact Assessment) (Amendment) Regulations 2019 (S.I. No. 279 of 2019), reg. 7, subject to interpretation provision in reg. 2(2).

Editorial Notes:

E79

A class A fine is defined (4.01.2011) by Fines Act 2010 (8/2010), s. 4, S.I. No. 662 of 2010, as not greater than €5,000 but greater than €4,000.