43B.—(1) Where the Board makes a railway order, the person to whom the railway order is granted shall notify the Minister of any environmental conditions and each railway undertaking shall comply with such conditions.

(2) A railway undertaking that fails to comply with this section 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.]