43F.—(1) The Minister having made a request under section 43D, or carried out an assessment under section 43E, and considered any information furnished to him or her, or that has otherwise come into his or her possession as a result of the request or assessment, may issue to the railway undertaking to whom the request was made the terms of a direction (in this section referred to as "the proposed direction") that the Minister proposes to issue to the railway undertaking, requiring the railway undertaking, within a specified period, to carry out, cause to be carried out, or arrange for, such action as the Minister considers necessary for the purposes of section 43C to ensure that that the railway undertaking complies with the environmental condition.

(2) The proposed direction shall specify a period within which the railway undertaking may make observations to the Minister in relation to the proposal to make the direction (and the railway undertaking may make such observations within that period accordingly).

(3) After the expiration of the period referred to in subsection (2) and having considered any observations made by the railway undertaking under that subsection, the Minister may confirm, with or without modification, or decide not to confirm the proposed direction and, in a case where the proposal is confirmed, the Minister shall accordingly issue to the railway undertaking the direction concerned and the railway undertaking shall comply with the direction within the period specified in the direction.

(4) A railway undertaking that fails to comply with a direction under subsection (3) 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.

(5) In imposing any penalty under subsection (4) the court shall, in particular, have regard to the risk or extent of damage to the environment and any remediation required arising from the act or omission constituting the offence.]