Dublin Transport Authority Act 2008

74.

Relationship between Authority and NRA.

74.— (1) The Authority may, for the purposes of securing priority for public transport on national roads in the GDA, give a direction to the NRA to—

( a) acquire land by making a compulsory purchase order or otherwise,

( b) prepare, or arrange for the preparation of, designs for specified transport infrastructure construction, maintenance or improvement works,

( c) undertake specified transport infrastructure construction, maintenance or improvement works,

( d) prepare or arrange for the preparation of a traffic management scheme, or

( e) do anything which arises out of or is consequential on or is necessary or expedient on or adjacent to a road or proposed road development which comes within the remit of the NRA.

(2) Where in the opinion of the Authority, the NRA is exercising its functions in a manner inconsistent with a transport strategy, integrated implementation plan, traffic management plan, or demand management measures, the Authority may give a direction to the NRA to exercise its functions in a manner which is consistent with the strategy, plan or measures.

(3) Before giving a direction under this section, the Authority shall consult with and consider the views of the NRA.

(4) ( a) Subject to paragraph (b), where the NRA refuses or fails to comply with a direction under this section, the Authority may decide, notwithstanding any other enactment and in any case where it appears to it that the circumstances so warrant, to perform the function specified in the direction subject to such modifications (if any) as it considers appropriate.

( b) The Minister may prescribe a class of case in which a decision by the Authority under paragraph (a) does not have effect unless and until it is approved by him or her.

(5) The NRA shall consult with and consider the views of the Authority in exercising its functions under the Act of 1993 in the GDA.

(6) Notwithstanding subsection (5), a road authority or the NRA, as the case may be, in exercising a function under Part V of the Act of 1993 in relation to a toll scheme located wholly or partly in the GDA, may only—

( a) F45 [ prepare ] a toll scheme under section 57,

( b) adopt a toll scheme under section 58,

( c) revoke a toll scheme under section 60,

( d) make bye-laws in relation to the operation and management of a toll road under section 61, or

( e) enter into an agreement under section 63,

of that Act with the consent of the Authority.

(7) A reference in section 65 and section 66A (inserted by section 277 of the Act of 2000) of the Act of 1993 to the Minister, where it relates to a toll scheme wholly or partly in the GDA, is to be read as a reference to the Authority.