Roads Act 1993

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


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. ]




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:


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.