Roads Act 1993
Control of works by a State authority, statutory undertaker or local authority.
53.—(1) (a) The powers conferred on any State authority, statutory undertaker or local authority by or under any enactment to carry out works along, adjoining, in, on, under or over any land shall not be exercised by that authority or undertaker in relation to any land comprised in a motorway, busway or protected road otherwise than with the consent of the Authority (in the case of a national road) or the Minister (in the case of a regional road or a local road).
(b) Paragraph (a) shall not apply to the carrying out by a road authority of any functions assigned to it by or under any enactment (including this Act) relating to the construction or maintenance of public roads.
(c) (i) The carrying out by a State authority, statutory undertaker or local authority of emergency works necessary to eliminate or reduce danger or risk to persons or property or of maintenance works shall not require consent under paragraph (a).
(ii) In subparagraph (i) “maintenance works” includes the inspection, repair, renewal or removal of the works referred to in paragraph (a), but does not include the relocation of those works.
(iii) A road authority may issue a direction to a State authority, statutory undertaker or local authority in relation to the works referred to in subparagraph (i) and the authority or undertaker shall comply with this direction.
(2) The Minister may make regulations providing that before submitting an application for consent under subsection (1) in respect of prescribed works—
(a) a State authority, statutory undertaker or local authority shall publish in one or more newspapers circulating in the area in which the proposed works would be located a notice in the prescribed form—
(i) stating that it is proposed to apply for consent in respect of specified works,
(ii) indicating the times at which, the period (which shall be not less than one month) during which and the place where a copy of the application may be inspected,
(iii) stating that objections or representations may be made in writing to the Authority or the Minister in relation to the granting of consent before a specified date (which shall be not less than two weeks after the end of the period for inspection);
(b) the Authority or the Minister may, having considered any objections or representations made to it or him under paragraph (a) (iii) and not withdrawn, grant or refuse consent or grant consent subject to such conditions or restrictions as it or he considers necessary;
(c) the Authority or the Minister may at its or his discretion cause an oral hearing to be held into any objections or representations made under paragraph (a) (iii) and not withdrawn and shall consider the report and any recommendation of a person conducting such oral hearing before deciding whether to grant or refuse consent.
Power pursuant to section exercised (1.07.1994) by Roads Regulations 1994 (S.I. No. 119 of 1994).