Dublin Transport Authority Act 2008

PART 3

Transport Matters

Chapter 1

Public Transport Infrastructure

44.

Functions of Authority in relation to public transport infrastructure.

44.— (1) In relation to public transport infrastructure in the GDA, the Authority shall have the following functions:

( a) to secure the provision of, or to provide, public transport infrastructure,

( b) to enter into agreements with other persons in order to secure the provision of such public transport infrastructure, whether by means of a concession, joint venture, public private partnership or any other means, and

( c) to acquire and facilitate the development of land adjacent to any public transport infrastructure where such acquisition and development contribute to the economic viability of the said infrastructure whether by agreement or by means of a compulsory purchase order made by the Authority in accordance with Part XIV of the Act of 2000.

(2) ( a) The Authority shall, as far as possible, arrange that the functions under subsection (1) be performed on its behalf in relation to—

(i) railway infrastructure other than metro or light railway infrastructure, by Irish Rail,

(ii) metro or light railway infrastructure, by the RPA,

(iii) interchange facilities, by such public transport authority or other statutory body which in the opinion of the Authority should have responsibility for them, and

F24 [ (iv) other public transport infrastructure owned or under the control of a public transport authority, by that public transport authority. ]

( b) Notwithstanding paragraph (a) but subject to paragraphs (c) and (d), where the Authority considers it more convenient, more expeditious, more effective or more economical that the function concerned should be performed by it, it may decide accordingly.

( c) Before coming to a decision under paragraph (b) the Authority shall consult with and consider the views of the relevant public transport authority or other statutory body.

( d) The Minister may prescribe a class of case in which a decision by the Authority under paragraph (b) does not have effect unless and until it is approved by him or her.

F25 [ (e) The Authority may secure the provision of public transport infrastructure not referred to in paragraph (a) by such arrangements as it sees fit, including securing such provision itself or providing such public transport infrastructure itself. ]

(3) The Authority may give a direction to a public transport authority to take such actions as, in the view of the Authority, are necessary to secure the provision of or to provide public transport infrastructure.

(4) Before giving a direction under subsection (3) to a public transport authority, the Authority shall consult with and consider the views of the public transport authority.

(5) ( a) Subject to paragraph (b), where a public transport authority refuses or fails to comply with a direction given under subsection (3), the Authority may decide, notwithstanding any other enactment or in any case in which it appears to it that the circumstances so warrant, to perform the function specified in the direction subject to such modifications (if any) as it considers appropriate.

( b) The Minister may prescribe a class of case in which a decision by the Authority under paragraph (a) does not have effect unless and until it is approved by him or her.

F24 [ (6) Where

(a) a decision is made by the Authority under subsection (2)(b) or (5)(a) for the performance of a particular function otherwise than through a public transport authority or statutory body, or

(b) the Authority is performing its function of securing the provision of public transport infrastructure in accordance with subsection (2)(e) ,

the following provisions have effect

(i) the Authority shall be empowered (notwithstanding any other enactment) to perform the function, including the acquisition of land for that purpose, and to do any other thing which arises out of or is consequential on or is necessary for the purposes of or would facilitate the performance of the function,

(ii) for the purpose of paragraph (a) or (b) , land may be acquired by agreement or by means of a compulsory purchase order made by the Authority in accordance with Part XIV of the Act of 2000,

(iii) the provisions of any enactment concerned apply in relation to the performance of the function subject to such modifications as may be necessary and as if the Authority was named in such enactment in each place where a public transport authority or other statutory body entitled to exercise the function is named, and

(iv) any contract or agreement in writing made between the public transport authority or statutory body concerned and any other person which is not fully executed and completed shall continue in force but shall be construed and have effect as if the Authority was substituted therein for that public transport authority or statutory body. ]

(7) The Act of 2000 applies in relation to the compulsory acquisition of land under subsection (1)(c) or (6) as if it were an acquisition under Part XIV of that Act and for that purpose a reference to a local authority shall be read as a reference to the Authority.

(8) Before acquiring land by agreement under subsection (1)(c) or (6), the Authority shall obtain an independent valuation of the land.

(9) The Authority may exploit commercial opportunities arising from its functions under this Part.

(10) The exploitation of such commercial opportunities may be carried out by a public transport authority or third party on behalf of the Authority.

(11) The Authority may receive income (including any amount, right, interest, benefit or profit) arising from, or make payments (or otherwise provide consideration) in respect of functions under subsections (1) and (5).

(12) The Authority may amend or revoke an arrangement under subsection (2) or a direction under subsection (3) where it considers it more convenient, more expeditious, more effective or more economical to do so, subject in the case of revocation to the relevant public transport authority being recompensed by the Authority for the reasonable costs incurred by it up to time of revocation.

(13) The Authority may prescribe such infrastructure, facility, building or vehicle as it sees fit as public transport infrastructure.

F25 [ (14) The carrying out by the Authority, on its behalf or at its direction of

(a) a proposed road development (within the meaning of the Roads Act 1993 ) that has been approved by An Bord Plean á la under section 51 (as amended by section 9 of the Roads Act 2007 ) of that Act, or

(b) a proposed development that has been approved by An Bord Plean á la

(i) under subsection (9) (inserted by section 34 (c) of the Planning and Development (Strategic Infrastructure) Act 2006 ) of section 175 of the Act of 2000 pursuant to an application for approval made by the Authority under subsection (3) of that section, or

(ii) under subsection (8) of section 177AE (inserted by section 57 of the Planning and Development (Amendment) Act 2010 ) of the Act of 2000 pursuant to an application for approval made by the Authority under subsection (3) of that section,

shall be exempted developments for the purposes of the Act of 2000.

(15) For the purposes of section 175 and 177AE of the Act of 2000 where a proposed development relates to public transport infrastructure an application for approval under section 175(3) or 177AE(3) may be made by the Authority, with the concurrence of the local authority concerned, and, accordingly, references in those sections to a local authority shall be read as references to the Authority.

(16) In this section function includes a part of or any aspect of the function. ]

Annotations:

Amendments:

F24

Substituted (8.02.2016) by Public Transport Act 2016 (3/2016), s. 10(b)(i) and (iii), commenced on enactment.

F25

Inserted (8.02.2016) by Public Transpoert Act 2016 (3/2016), s. 10(b)(ii) and (iv), commenced on enactment.