Transport (Railway Infrastructure) Act 2001

Number 55 of 2001

TRANSPORT (RAILWAY INFRASTRUCTURE) ACT 2001

REVISED

Updated to 3 June 2026

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This Revised Act is an administrative consolidation of the Transport (Railway Infrastructure) Act 2001. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the International Co-Operation (Omagh Bombing Inquiry) Act 2026 (12/2026), enacted 3 June 2026, and all statutory instruments up to and including the European Union (Restrictive Measures Against Serious Human Rights Violations and Abuses) Regulations 2026 (S.I. No. 239 of 2026), made 3 June 2026, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to revisedacts@lawreform.ie.

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Number 55 of 2001


TRANSPORT (RAILWAY INFRASTRUCTURE) ACT 2001

REVISED

Updated to 3 June 2026


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1.

Short title.

2.

Interpretation.

3.

Repeals.

4.

Continuation of orders made under Act of 1963 and Act of 1996.

5.

Laying of orders and regulations before Houses of Oireachtas.

6.

Offences by bodies corporate.

7.

Expenses.

PART 2

Railway Procurement Agency

8.

Establishment day. (Repealed)

9.

Establishment of Agency. (Repealed)

10.

Seal of Agency. (Repealed)

11.

Functions of Agency.

12.

Subsidiaries, investments, joint ventures, etc.

13.

Charges for services.

14.

Gifts. (Repealed)

15.

Borrowings by Agency. (Repealed)

16.

Guarantee by Minister for Finance of borrowing by Agency. (Repealed)

17.

Advances by Minister to Agency. (Repealed)

18.

Reports and information to Minister. (Repealed)

19.

Accounts and audits. (Repealed)

20.

Membership of Agency. (Repealed)

21.

Chairperson of Agency. (Repealed)

22.

Meetings of Agency. (Repealed)

23.

Chief executive of Agency. (Repealed)

24.

Staff of Agency. (Repealed)

25.

Superannuation.

26.

Membership of either House of Oireachtas, European Parliament or local authority. (Repealed)

27.

Code of conduct. (Repealed)

28.

Declaration of interests. (Repealed)

29.

Disclosure of interests. (Repealed)

30.

Prohibition on unauthorised disclosure of confidential information. (Repealed)

31.

Prohibition on certain communications. (Repealed)

32.

Power of Minister to issue directions and guidelines to Agency. (Repealed)

33.

Transfer of property. (Repealed)

34.

Transfer of rights and liabilities. (Repealed)

35.

Continuance of pending legal proceedings. (Repealed)

PART 3

Railway Orders

36.

Surveys and inspections.

37.

Application for a railway order.

38.

Exempted development.

39.

Environmental Impact Assessment Report.

39A.

Designated bodies.

40.

Publication of notice in relation to application for railway order.

40A.

Notification to Minister for Housing, Planning and Local Government

41.

Further information to Board.

42.

Oral hearings.

42A.

Coordinated assessments

42B.

Reasoned conclusion

43.

Railway order.

43A.

Interpretation – sections 43B to 43F

43B.

Duty to notify, and to comply with modification and conditions of approval

43C.

Minister to ensure compliance with modifications and conditions

43D.

Power to request information regarding compliance with modification or condition

43E.

Power to carry out assessment of railway undertaking’s compliance with environmental condition

43F.

Power to direct action to ensure compliance with environmental condition

44.

Provisions in relation to railway order.

45.

Compulsory acquisition of land.

46.

Notification of grant of railway order.

47.

Judicial review of railway order and related acts.

47A.

Section 47: supplemental provisions.

47B.

Discussions with Board before making an application.

47C.

Section 47B: supplemental provisions.

47D.

Supplemental powers for the Board.

47DD.

Direction of payment of costs by Board.

47E.

Objective of the Board in relation to railway orders.

47F.

Construction of certain references and transitional provision.

47G.

Transitional and saving provisions relating to Act of 2024.

48.

Power of railway undertaking to carry out railway works and to enter land.

49.

Lopping of trees.

50.

Breaking up of roads, etc.

51.

Safety of railways. (Repealed)

52.

Service of notices.

53.

Obstruction.

PART 4

On-street Regulation of Light Railway

54.

Speed limits.

55.

Driving while unfit or under influence of intoxicant. (Repealed)

56.

Prohibition on person disqualified for holding driving licence from driving light rail vehicle on public road.

57.

Compulsory insurance of light rail vehicles. (Repealed)

58.

Minimum qualifications and competencies required by driver of light rail vehicle.

59.

Duty to give information to member of Garda Síochána.

60.

Unauthorised taking or interference with light rail vehicle.

61.

Restriction on application of regulations made under section 11 of Act of 1961.

62.

Amendment of section 35(2)(d) of Act of 1994.

63.

Excavation or closure of public roads.

PART 5

Miscellaneous

64.

Trespass on railway.

65.

Unlawful use of railway.

66.

Bye-laws.

66A.

Immobilisation, removal, etc. of unlawfully parked vehicles.

66B.

Powers of authorised officers.

66C.

Fixed payment notice.

66D.

Parking charges.

67.

Powers of arrest under Part.

68.

Prosecutions for offences under Part.

69.

Application of Railways Acts.

70.

Amendment to section 43 of Act of 1993.

71.

Subsidiary of CIÉ.

72.

Amendment to section 11 of Transport (Re-organisation of Córas Iompair Éireann) Act, 1986.

_______________

Acts Referred to

Borrowing Powers of Certain Bodies Act, 1996

1996, No. 22

Companies Act, 1963

1963, No. 33

Companies Acts, 1963 to 2001

European Parliament Elections Act, 1997

1997, No. 2

Forestry Act, 1946

1946, No. 13

Freedom of Information Act, 1997

1997, No. 13

Housing Act, 1966

1966, No. 21

Lands Clauses Acts

Lands Clauses Consolidation Act, 1845

1845, c. 18

Local Government (No. 2) Act, 1960

1960, No. 40

Planning and Development Act, 2000

2000, No. 30

Railways Clauses Consolidation Act, 1845

1845, c. 20

Regulations of Railways Act, 1871

1871, c. 78

Regulation of Railways Acts, 1840 to 1889

Roads Act, 1993

1993, No. 14

Roads (Amendment) Act, 1998

1998, No. 23

Road Traffic Act, 1961

1961, No. 24

Road Traffic Act, 1968

1968, No. 25

Road Traffic Act, 1994

1994, No. 7

Road Traffic Acts, 1961 to 1995

Transport Act, 1963

1963, No. 17

Transport (Dublin Light Rail) Act, 1996

1996, No. 24

Transport (Re-organisation of Córas Iompair Éireann) Act, 1986

1986, No. 31

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Number 55 of 2001


TRANSPORT (RAILWAY INFRASTRUCTURE) ACT 2001

REVISED

Updated to 3 June 2026


AN ACT TO MAKE FURTHER PROVISION IN RELATION TO TRANSPORT, TO ESTABLISH A BODY TO BE KNOWN AS THE RAILWAY PROCUREMENT AGENCY OR, IN THE IRISH LANGUAGE, AN GHNÍOMHAIREACHT UM FHÁIL IARNRÓD, AND TO DEFINE ITS FUNCTIONS, TO ENABLE THE MINISTER FOR PUBLIC ENTERPRISE TO AUTHORISE, BY ORDER, THE CONSTRUCTION, OPERATION AND MAINTENANCE OF RAILWAYS, TO PROVIDE FOR THE ON-STREET REGULATION OF LIGHT RAILWAYS, TO MAKE FURTHER PROVISION IN RELATION TO CÓRAS IOMPAIR ÉIREANN, TO REPEAL SECTIONS 2 TO 11 OF THE TRANSPORT ACT, 1963, AND THE TRANSPORT (DUBLIN LIGHT RAIL) ACT, 1996, AND TO PROVIDE FOR CONNECTED MATTERS. [23rd December, 2001]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

C1

Application of Act restricted (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), reg. 42(22), sch. 2, in operation as per reg. 1(3).

Screening for Appropriate Assessment and Appropriate Assessment of implications for European Sites

42.

...

(22) Notwithstanding any provision of any statute listed in the Second Schedule that provides for the consent for a plan or project to which this Regulation applies to be obtained by default on the failure of the public authority to provide a response within a specified timescale or otherwise, that provision shall not have effect in respect of any plan or project to which this Regulation applies.

...

SECOND SCHEDULE

Number

Year

Short Title/Citation

...

55

...

2001

...

Transport (Railway Infrastructure) Act, 2001

...

C2

Application of Act restricted by Planning and Development Act 2000 (30/2000), s. 177V(3), as inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 57, S.I. No. 475 of 2011, art. 2(f), and as amended (21.09.2011) by European Union (Environmental Impact Assessment and Habitats) Regulations 2011 (S.I. No. 473 of 2011), reg. 12(a).

[Appropriate assessment.

177V.— ...

(3) Notwithstanding any other provision of this Act, or, as appropriate, the Act of 2001, or the Roads Acts 1993 to 2007 [and save as otherwise provided for in sections 177X, 177Y, 177AB and 177AC], a competent authority shall make a Land use plan or give consent for proposed development only after having determined that the Land use plan or proposed development shall not adversely affect the integrity of a European site.

...]