Roads Act 1993

F20[Requirements as regards railways, canals, etc.

15A

15A.A road authority shall not construct or reconstruct a bridge or viaduct over, or a tunnel under

(a) a railway, save with the consent of the Minister for Public Enterprise, or

(b) any inland waterway within the meaning of the Minister for Arts, Heritage, Gaeltacht and the Islands (Powers and Functions) Act, 1998, or any navigable water, save with the consent of the Minister for Arts, Heritage, Gaeltacht and the Islands.]

Annotations

Amendments:

F20

Inserted (1.01.2002) by Local Government Act 2001 (37/2001), s. 245, S.I. No. 588 of 2001.

Modifications (not altering text):

C18

Functions under para. (b) transferred and references construed (9.09.2020) by Inland Waterways and Waterways Ireland (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 340 of 2020), arts. 2, 3 and sch. part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 4-8. Note that name of Minister of and Department for Housing, Planning and Local Government was changed to Minister of and Department for Housing, Local Government and Heritage (30.09.2020) by Housing, Planning and Local Government (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 408 of 2020), in effect as per art. 2.

2. (1) The administration and business in connection with the exercise, performance or execution of the functions transferred by this Order are transferred to the Department of Housing, Planning and Local Government.

(2) References to the Department of Culture, Heritage and the Gaeltacht contained in any Act or any instrument made thereunder and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Housing, Planning and Local Government.

3. (1) The functions vested in the Minister for Culture, Heritage and the Gaeltacht by or under the Acts specified in Part 1 of the Schedule and the provisions of the Acts specified in Part 2 of the Schedule in so far as they relate to -

(a) inland waterways,

(b) Waterways Ireland, or

(c) supporting and promoting North/South co-operation in relation to inland waterways,are transferred to the Minister for Housing, Planning and Local Government.

(2) References to the Minister for Culture, Heritage and the Gaeltacht contained in any Act or instrument made thereunder and relating to any functions transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Minister for Housing, Planning and Local Government.

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SCHEDULE

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Part 2

Section 15A(b) of the Roads Act 1993 (No. 14 of 1993)

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C19

Application of section restricted (10.04.2003) by Local Government Act 2003 (8/2003), s. 2(3), commenced on enactment.

Application of certain provisions.

2.—(1) Notwithstanding the repeal of Part IV by the Principal Act, Part IV continues to apply and shall be deemed always to have applied in relation to an application for a bridge order that was made to the Minister before 31 December 2001 and the bridge order made after that date by the Minister pursuant to such an application.

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(3) Section 15A (inserted by the Principal Act) of the Roads Act 1993 shall not apply to the construction of a bridge pursuant to a bridge order referred to in subsection (1) of this section.