Dublin Transport Authority Act 2008

115.

Amendment of Act of 2001.

115.— (1) Section 9 of the Act of 2001 is amended by deleting subsection (4).

(2) Section 11 of the Act of 2001 is amended in subsection (1)( a) by inserting “or, in the case of such railway infrastructure within its functional area, by the Dublin Transport Authority” after “Minister”.

(3) Section 13(1) of the Act of 2001 is amended by inserting “(including fares)” after “make such charges”.

(4) Section 20 of the Act of 2001 is amended by substituting for subsection (12) the following:

“(12) A member of the Agency (other than the chief executive) shall not serve more than 10 years in total.”.

(5) Section 28 of the Act of 2001 is repealed.

(6) Section 38 of the Act of 2001 is amended by substituting for it the following:

“38.— (1) Each of the following shall be exempted development for the purposes of the Act of 2000:

( a) development consisting of the carrying out of railway works, including the use of the railway works or any part thereof for the purposes of the operation of a railway, authorised by the Board and specified in a railway order or of any incidental or temporary works connected with such development;

( b) development consisting of the carrying out of railway works for the maintenance, improvement or repair of a railway that has been built pursuant to a railway order.

(2) Part IV of the Act of 2000 does not apply and is deemed never to have applied to developments specified in subsection (1).”.

(7) Section 44(2) of the Act of 2001 (inserted by section 49 of the Planning and Development (Strategic Infrastructure) Act 2006 and as amended by section 3 of the Local Government (Roads Functions) Act 2007) is amended by substituting for paragraph ( b) the following:

“( b) specify any rights in, under or over land, water or any public road, the acquisition of which is, in the opinion of the Board, necessary for giving effect to the order,”.