PART XX

Amendments of Roads Act, 1993

Amendment of section 57 of Roads Act, 1993.

271. — Section 57 of the Roads Act, 1993 , is hereby amended—

(a) by the substitution of the following for subsection (1):

“(1) A road authority may prepare a scheme for the establishment of a system of tolls in respect of the use of a public road.”,

(b) in subsection (2), by the substitution for “In making a toll scheme” of “In preparing a scheme under subsection (1)”,

(c) in subsection (3), by the substitution for “toll scheme” of “scheme prepared under subsection (1)”,

(d) in subsection (4), by the substitution for “toll scheme” of “scheme under subsection (1)”,

(e) by the substitution of the following for subsection (5):

“(5) A road authority may prepare a scheme amending a toll scheme adopted by it under section 58.”,

(f) in subsection (6), by the substitution for “toll scheme” of “scheme prepared under subsection (1)”, and

(g) by the substitution of the following for subsection (7):

“(7) (a) The Authority shall, before adopting, under section 58, a scheme prepared under subsection (1) in relation to a national road, send a copy of the scheme to the appropriate road authority under section 13 and serve a notice on the road authority stating—

(i) that a scheme under subsection (1) has been prepared, and

(ii) that representations may be made in writing to the Authority in relation to the scheme before such date as is specified in the notice (being not less than 6 weeks from the date of service of the notice).

(b) The Authority shall consider any representations made to it pursuant to a notice under paragraph (a).

(c) The making of representations by a road authority under this subsection shall be a reserved function and shall be without prejudice to the right of that authority to make objections to the Authority under section 58.”.

Scheme prepared under section 57 of Roads Act, 1993, to be adopted by road authority.

272. —The Roads Act, 1993 , is hereby amended by the substitution of the following section for section 58:

“58.—(1) A road authority shall publish in one or more newspapers circulating in the area where the proposed toll road is located or is to be located a notice—

(a) stating that a draft toll scheme has been prepared,

(b) indicating the times at which, the period (being a period of not less than one month from the first publication of the notice) during which, and the place at which a copy of the scheme prepared under section 57, any map referred to therein and the explanatory statement relating to the scheme may be inspected, and

(c) stating that objections to the draft toll scheme may be made in writing to the road authority before such date as is specified in the notice (being not less than 2 weeks from the end of the period for inspection referred to in paragraph (b)).

(2) (a) Subject to paragraph (b), a road authority may adopt a scheme prepared by it under subsection (1), with or without modifications and, subject to subsection (3), a scheme so adopted is hereafter in this Act referred to as a “toll scheme”.

(b) If an objection to a draft toll scheme is made to the road authority and the objection is not withdrawn, the road authority shall, before deciding whether to adopt the draft toll scheme or not, cause an oral hearing to be held into the matters to which the objection relates, by a person appointed by the road authority, and shall consider the report of and any recommendation made by the person so appointed.

(3) (a) A toll scheme adopted by the road authority under this section shall come into force with the modifications, if any, therein made by the road authority on such day as may be determined by the road authority.

(b) Notice of the day on which a toll scheme is to come into force shall be published by the road authority at least one month before such day in one or more newspapers circulating in the area in which the toll road to which the scheme relates is located or will be located.”.

Amendment of section 60 of Roads Act, 1993

273. — Section 60 of the Roads Act, 1993 , is hereby amended by the substitution of the following for that section:

“60.—(1) A road authority may by order revoke a toll scheme adopted by it under section 58.

(2) Where a road authority proposes to make an order under subsection (1) it shall, before so making the order, publish in one or more newspapers circulating in the area where the toll road is located a notice—

(a) stating that it proposes to revoke the scheme,

(b) indicating the times at which, the period (being not less than one month from the first publication of the notice) during which, and the place at which, a copy of the proposal may be inspected,

(c) stating that objections or representations may be made in writing to the road authority in relation to the proposal before such date as is specified in the notice (being a date that falls not less than 2 weeks from the end of the period for inspection of the proposal).

(3) Before making an order under subsection (1), the road authority shall consider any objections or representations made to it in accordance with a notice under subsection (2).

(4) A road authority may at its discretion cause an oral hearing to be held into any matter to which objections or representations, made in accordance with a notice under subsection (2) and not withdrawn, relate, by a person appointed by the road authority, and where a road authority causes an oral hearing to be so held it shall, before revoking the toll scheme under subsection (3), consider the report of and any recommendation made by that person.

(5) The road authority shall publish in one or more newspapers circulating in the area where the toll road is located notice of the making of any order under subsection (1).

(6) The making of an order under this section in relation to a regional road or a local road shall be a reserved function.”.

Amendment of section 61 of Roads Act, 1993.

274. — Section 61 of the Roads Act, 1993 , is hereby amended—

(a) by the deletion of subsection (5),

(b) by the substitution of the following subsection for subsection (6):

“(6) Before making bye-laws, a road authority shall publish in one or more newspapers circulating in the area where the toll road to which the bye-laws relate is located or is to be located a notice—

(a) indicating that it is proposed to make such bye-laws and stating the purpose of the bye-laws,

(b) indicating the times at which, the period (being a period of not less than one month from the date of the first publication of the notice) during which, and the place at which, a copy of the draft bye-laws may be inspected,

(c) stating that objections or representations may be made in writing to the road authority in relation to the draft bye-laws before such date as is specified in the notice (being a date that falls not less than 2 weeks from the end of the period for inspection of the draft bye-laws), and

(d) stating that a copy of the draft bye-laws may be purchased on payment of such fee as is specified in the notice not exceeding the reasonable cost incurred in the making of such copy.”,

(c) by the substitution of the following subsection for subsection (7):

(7) Before making bye-laws the road authority shall consider any objections or representations which have been made to it in accordance with a notice under subsection (6) and not withdrawn.”,

(d) by the substitution of the following subsection for subsection (8):

(8) Bye-laws made by a road authority under this section shall come into effect on such date as is specified in those bye-laws.”,

and

(e) in subsection (9), by the substitution for “approved” of “made”.

Amendment of section 63 of Roads Act, 1993.

275. — Section 63 of the Roads Act, 1993 , is hereby amended—

(a) in subsection (1), by the substitution for “Where a toll scheme is approved by the Minister, a road authority may, with the consent of the Minister,” of “Where a toll scheme is adopted by a road authority, the road authority may”, and

(b) in subsection (3), by the deletion of “, with the consent of the Minister,”.

Amendment of section 65 of Roads Act, 1993.

276. —The Roads Act, 1993 , is hereby amended in section 65 by the substitution for “section 57” of “section 58”.

Further amendment of Part V of Roads Act, 1993.

277. —Part V of the Roads Act, 1993 , is hereby amended by the insertion after section 66 of the following sections—