46.— (1) Where the Authority decides in accordance with section 44 to provide railway infrastructure, it shall for the purpose of so doing have all the powers and duties of the RPA or a railway undertaking, as the case may be, as contained in Part 3 of the Act of 2001 and a reference in that Part to the Agency or a railway undertaking shall be deemed to be a reference to the Authority.

(2) Section 37 (inserted by section 49(b) of the Planning and Development (Strategic Infrastructure) Act 2006) of the Act of 2001 is amended by substituting for subsections (1) and (2) the following:

“(1) An application may be made to An Bord Pleanála (‘the Board’) for a railway order by the Dublin Transport Authority (‘DTA’), the Agency, CIÉ or another person. Where any part of the proposed railway works in the application is within the functional area of the DTA the applicant (not being the DTA) must have obtained the prior written consent of the DTA for the application.

(2) An application under subsection (1) shall specify whether the application is in respect of a light railway, metro or otherwise.”.