Roads Act 1993

F62 [ Power to carry out assessment of developer s compliance with modification or condition

51F

51F. (1) The Minister or, as the case may be, the Authority notified of a modification or condition under section 51C may, having notified the developer of its intention to do so, carry out an assessment of the developer s compliance with the modification or condition.

(2) During the course of an assessment under subsection (1) the developer shall comply with any request, made by the Minister or, as the case may be, the Authority for the purposes of that assessment, to

( a ) furnish information, records or reports or the results of any monitoring by the developer in relation to the developer s compliance with the modification or condition, or

( b ) afford to the Minister or the Authority access to any land, premises or structure occupied by the developer, for the purposes of assessing the developer s compliance with the modification or condition.

(3) A developer that fails to comply with a request under subsection (2) 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:

F62

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:

E80

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.