43D.—(1) Where the Minister has been notified of an environmental condition the Minister may request a railway undertaking to furnish, within a specified period, specified information in relation to the railway undertaking’s compliance with the environmental condition, and that railway undertaking shall comply with such a request.

(2) A request under subsection (1) by the Minister may include a request for information relating to—

(a) the number and location of places within an area at which monitoring is being carried out and the frequency of such monitoring,

(b) the manner in which samples and measurements are taken and analyses are carried out,

(c) the equipment being used for the purposes of taking such samples and measurements, or of carrying out such analyses, and

(d) the results of any monitoring carried out.

(3) A railway undertaking that fails to comply with a request under subsection (1) 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.]