43E.—(1) Where the Minister has been notified of an environmental condition under section 43B(1) the Minister may, having notified a railway undertaking of his or her intention to do so, carry out an assessment of the railway undertaking’s compliance with the environmental condition.

(2) During the course of an assessment under subsection (1) the railway undertaking shall comply with any request, made by the Minister for the purposes of that assessment, to—

(a) furnish information, records or reports or the results of any monitoring by the railway undertaking in relation to the railway undertaking’s compliance with the environmental condition, or

(b) afford to the Minister access to any land, premises or structure occupied by the railway undertaking, for the purposes of assessing the railway undertaking’s compliance with the environmental condition.

(3) A railway undertaking that fails to comply with a request under subsection (2) 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.]