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Transport (Railway Infrastructure) Act 2001
Number 55 of 2001
TRANSPORT (RAILWAY INFRASTRUCTURE) ACT 2001
REVISED
Updated to 3 June 2026
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.
Number 55 of 2001
TRANSPORT (RAILWAY INFRASTRUCTURE) ACT 2001
REVISED
Updated to 3 June 2026
ARRANGEMENT OF SECTIONS
Preliminary and General
Section
1.
2.
3.
4.
Continuation of orders made under Act of 1963 and Act of 1996.
5.
Laying of orders and regulations before Houses of Oireachtas.
6.
7.
Railway Procurement Agency
8.
Establishment day. (Repealed)
9.
Establishment of Agency. (Repealed)
10.
Seal of Agency. (Repealed)
11.
12.
Subsidiaries, investments, joint ventures, etc.
13.
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 (Repealed)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 (Repealed)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 (Repealed)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 (Repealed)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 (Repealed)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 (Repealed)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 (Repealed)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 (Repealed)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 (Repealed)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 (Repealed)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 (Repealed)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.
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 (Repealed)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 (Repealed)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 (Repealed)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 (Repealed)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)
Railway Orders
36.
37.
Application for a railway order.
38.
39.
Environmental Impact Assessment Report.
39A.
40.
Publication of notice in relation to application for railway order.
40A.
Notification to Minister for Housing, Planning and Local Government
41.
42.
42A.
42B.
43.
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.
50.
51.
Safety of railways. (Repealed)
52.
53.
On-street Regulation of Light Railway
54.
55.
Driving while unfit or under influence of intoxicant. (Repealed)
56.
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.
Miscellaneous
64.
65.
66.
66A.
Immobilisation, removal, etc. of unlawfully parked vehicles.
66B.
Powers of authorised officers.
66C.
66D.
67.
68.
Prosecutions for offences under Part.
69.
70.
Amendment to section 43 of Act of 1993.
71.
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
Companies Act, 1963
Companies Acts, 1963 to 2001
European Parliament Elections Act, 1997
Forestry Act, 1946
Freedom of Information Act, 1997
Housing Act, 1966
Lands Clauses Acts
Lands Clauses Consolidation Act, 1845
1845, c. 18
Local Government (No. 2) Act, 1960
Planning and Development Act, 2000
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
Roads (Amendment) Act, 1998
Road Traffic Act, 1961
Road Traffic Act, 1968
Road Traffic Act, 1994
Road Traffic Acts, 1961 to 1995
Transport Act, 1963
Transport (Dublin Light Rail) Act, 1996
Transport (Re-organisation of Córas Iompair Éireann) Act, 1986
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.
...]