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Transport (Railway Infrastructure) Act 2001
F55[Further information to Board.
41.—Where the Board is of the opinion that an F56[environmental impact assessment report] furnished under section 37 does not comply with the provisions of section 39 or where it otherwise considers it necessary so to do, it shall require the applicant to furnish to it a document containing such further information in relation to the proposed railway F57[including any additional information specified in Annex IV to the EIA Directive which is directly relevant to reaching a reasoned conclusion on the significant effects of the proposed railway works on the environment] works as it may specify and the applicant shall comply with any such requirement within such period as the Board specifies.
(2) (a) If the document furnished under subsection (1) contains significant data in relation to the likely effects on the environment of the proposed railway works, the Board shall require the applicant—
(i) to deposit and keep deposited at the place or each of the places appointed by the Board F57[and make available electronically in such manner as may be appointed by the Board,], a copy of the aforesaid document,
(ii) to publish in one or more newspapers circulating in the area to which the proposed railway order relates F57[and make available electronically in such manner as may be appointed by the Board] a notice stating that further information in relation to the likely effects on the environment of the proposed railway works has been furnished to the Board, that copies of the document containing the information will be available for inspection free of charge and for purchase by members of the public, at the place or each of the places appointed by the Board, at specified times during the period of not less than 3 weeks beginning on the day of publication of the notice and that submissions in relation to the further information may be made to the Board before the expiration of the said period, and
(iii) to serve notice of the furnishing of the further information to the Board, together with relevant extracts from the document aforesaid, on any person on whom notice was served pursuant to section 40(1) and to indicate to the person concerned that submissions in relation to the further information may be made to the Board during the period of not less than 3 weeks beginning on the day on which the notice is sent to the person concerned by the applicant.
(b) Copies of further information in respect of which notice is published pursuant to a requirement under subsection (2)(a)(ii) shall be made available for purchase by members of the public during the period specified in the notice referred to in that provision for such fee as the applicant may fix not exceeding the reasonable cost of making such copies.
(3) Members of the public may inspect the further information deposited under this section free of charge at the times and during the period specified in the notice referred to in subsection (2)(a)(ii).
(4) A person may, during the period specified in the notice referred to in paragraph (a)(ii) or (iii), as appropriate, of subsection (2), make submissions in writing to the Board in relation to the further information deposited under this section.]
F57[(5) Where the Board requires the applicant to publish a notice in accordance with subsection (2)(a) the applicant shall provide the Board with an electronic version of that notice.
(6) The Board shall make an electronic version of—
(a) the notice referred to in subsection (5),
(b) the additional information referred to in subsection (1), and
(c) any submissions it receives in relation to the further information,
available on the Board’s website.]
Annotations
Amendments:
F55
Substituted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 49(b), S.I. No. 684 of 2006.
F56
Substituted (20.12.2021) by European Union (Railway Orders) (Environmental Impact Assessment) (Amendment) Regulations 2021 (S.I. No. 743 of 2021), reg. 4.
F57
Inserted (20.12.2021) by European Union (Railway Orders) (Environmental Impact Assessment) (Amendment) Regulations 2021 (S.I. No. 743 of 2021), regs. 10(a), (b), (c).