63.—(1) A person shall not excavate a public road or part thereof on which there is a light railway without the prior written consent of the road authority concerned and subject to any conditions contained in any such consent.

(2) Before giving its consent under subsection (1), a road authority shall obtain the written views of the Agency and shall consider any written objections or representations made by the Agency and not withdrawn.

(3) A person who contravenes subsection (1) is guilty of an offence and shall be liable on summary conviction to a fine not exceeding F107[€5,000] or to imprisonment for a term not exceeding 3 months or to both.

(4) Where a road authority proposes to excavate or close under section 75 of the Act of 1993 a public road or part thereof on which there is a light railway it shall obtain the written views of the Agency and shall consider any written objections or representations made by the Agency and not withdrawn before carrying out any such excavation or closure.