STATUTORY INSTRUMENTS.

S.I. No. 495 of 2004 .

TRANSPORT (RAILWAY INFRASTRUCTURE) ACT 2001 (KILKENNY DIVERSION) RAILWAY ORDER 2004.

S.I. No. 266 of 2004 .

TRANSPORT (RAILWAY INFRASTRUCTURE) ACT 2001 (KILKENNY DIVERSION) RAILWAY ORDER 2004.

I, SEAMUS BRENNAN, Minister for Transport, in exercise of the powers conferred on me by section 43 of the Transport (Railway Infrastructure) Act 2001 (No. 55 of 2001), (as adapted by the Public Enterprise (Alteration of Name of Department and Title of Minister) Order 2002 ( S.I. No. 305 of 2002 )), having considered the matters required to be considered in subsection (1) of that section and being of the opinion that the application of Córas Iompair Éireann under section 37 of that Act in relation to works to divert a section of the Kilkenny to Waterford railway line should be granted, hereby order as follows:

1. This Order may be cited as the Transport (Railway Infrastructure) Act 2001 (Kilkenny Diversion) Railway Order 2004.

2. In this Order--

“Act” means the Transport (Railway Infrastructure) Act 2001 (No. 55 of 2001);

“authorised works” means works authorised by this Order;

“CIE” means Córas Iompair Éireann;

“maintain” includes inspect, repair, adjust, alter, remove, reconstruct, renew, replace and cognate words shall be construed accordingly;

“railway” means the railway which is authorised by this Order, or where the context so requires, the railway whose diversion is authorised and intended to be achieved by the railway works authorised by this Order;

“works” includes any act or operation of construction, excavation, tunnelling, demolition, extension, alteration, reinstatement, making good, repair or renewal.

3. (1) CIE is authorised to construct or cause to be constructed, in accordance with the plans submitted to the Minister with the application for this Order and deposited pursuant to section 46 of the Act, the railway works specified in the Schedule to this Order, and to maintain, use and operate, or cause to be maintained, used and operated, the said works.

(2) The authorised works shall be completed at the end of the period of 5 years, beginning on the day on which this Order comes into force.

(3) Paragraph (2) of this Article does not apply to any works required for the maintenance or improvement of the authorised works.

(4) No part of the railway shall be opened for traffic until the railway has been inspected and certified fit for traffic by an inspector duly appointed by the Minister under the Regulation of Railways Act 1871 (34 & 35 Vict., c. 78).

4. In constructing and maintaining any of the authorised works, CIE may, with the consent of the Minister in writing, deviate laterally to any extent within the limits of deviation marked on the deposited plans and may, with the like consent, deviate vertically from the level shown on the deposited plans to any extent not exceeding 2 metres upwards or downwards.

5. Should any dispute arise between CIE and Kilkenny County Council in relation to the carrying out, doing, construction or maintenance of any of the authorised works, the following shall apply:

(a) CIE and Kilkenny County Council shall try to resolve the dispute on terms acceptable to themselves, and

(b) if, after such period as they consider reasonable, the dispute has not been resolved to their satisfaction the following provisions apply--

(i) either party may, by 14 days notice in writing to the other, require the subject matter of the dispute to be submitted to a single arbitrator and shall, in the notice, nominate a person to arbitrate upon the subject matter of the dispute,

(ii) the party receiving such notice may, within the period of 14 days, by a counter notice, either--

(I)  accept the arbitrator nominated by the party serving the original notice, or

(II)   nominate not less than 2 alternative persons to act as the arbitrator,

(iii) if any one of the persons nominated by the parties is acceptable to both parties to the dispute, the subject matter of the arbitration shall be referred to the arbitrator as soon as possible after he or she has indicated his or her willingness to act as arbitrator,

(iv) if, after service of the notice and counter-notice, the parties fail to agree upon an arbitrator or if an arbitrator agreed upon has failed to indicate, within 14 days of being so requested, his or her willingness to act then either CIE or Kilkenny County Council may apply to the Chairperson of the Irish Branch of the Chartered Institute of Arbitrators for the appointment of an arbitrator,

(v) where the arbitrator is appointed by the Chairperson of the Irish Branch of the Chartered Institute of Arbitrators, he or she shall notify CIE and Kilkenny County Council in writing of his or her appointment as soon as possible and shall conduct the arbitration in accordance with the rules of the Irish Branch of that Institute, and

(vi) the Arbitration Acts 1954 to 1998, apply to the arbitration and the decision of the arbitrator in relation to the dispute and all matters connected to the dispute are binding on the parties.

SCHEDULE

Description of the works authorised by this Order

The railway line between the 28¾ and 29½ mileposts approximately, on the Kilkenny to Waterford line, requires to be diverted to facilitate Kilkenny County Council in their extension of the N77 Kilkenny Ring Road northwards from the Dublin Road roundabout.

The proposed railway track work includes the following:

•  Trackwork to a length of approximately 1,120 metres forming the new permanent railway diversion designed for maximum speed of 70 mph with minimum speed in up direction of 30 mph

•  Earthworks to form predominantly cuttings and some embankments on to which the track construction will be laid

•  Provision for one future additional track

•  Over bridge OB64A spanning 16 metres to accommodate the N77 Kilkenny Ring Road extension

•  Existing level crossing designated XW085 (formerly XW087) to be closed and removed

•  Existing field level crossing designated XW088 to be closed and removed

•  New signalling designed for maximum speed in down direction of 70 mph and in up direction of 50 mph PSR from 29½ to 29 mls and 30 mph PSR from 29 to 28½ mls

•  New SET cabling to be tied into existing cabling

•  Existing siding is retained and realigned

•  Steel palisade fencing along the perimeter of the land

The Deposited Plan, which details the proposed railway work, consists of the following Iarnród Éireann plans:

41.2.61 -422 Alignment plan (Sheet 1 of 3)

41.2.61 -423 Alignment plan (Sheet 2 of 3)

41.2.61 -424 Alignment plan (Sheet 3 of 3)

41.2.61 -425 Property plan

41.2.61 -426 Structure plan

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation).

The effect of this Order is to confer on Córas Iompair Éireann the necessary power to divert a section of the Kilkenny to Waterford railway line to facilitate the extension of the N77 Kilkenny Ring Road.