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Dáil Éireann díospóireacht -
Wednesday, 30 May 2001

Vol. 537 No. 3

Written Answers. - Proposed Legislation.

Denis Naughten

Ceist:

68 Mr. Naughten asked the Minister for the Environment and Local Government if he will bring forward legislation urgently to govern and control road openings and way leaves, the absence of which is a major contributor to traffic congestion and to local authority costs. [15660/01]

Powers available under existing legislation, in particular section 101D of the Road Traffic Act, 1961, are already being used by urban road authorities to regulate the opening of roads by utilities. For example, Dublin Corporation is making extensive use of these powers through its directions for the control and management of roadworks in Dublin city.

General guidance on the need for an efficient and expeditious approach to the carrying out of road works, whether by road authorities or other statutory undertakers, is also set out in my Department's memorandum on grants for non-national roads.

A Communications (Regulation) Bill, which is currently being prepared by the Department of Public Enterprise, proposes, inter alia, to modernise legislation in relation to road openings by Telecom operators. My Department is in communication with the Department of Public Enterprise with a view to ensuring that the regulatory framework which will apply to such operators will afford appropriate and updated powers to road authorities to regulate road openings in the public interest. I am also considering a wider legislative updating to deal with this important matter.

The Planning and Development Act, 2000, has changed existing way leave procedures, which were not time bound, so that where a land owner's consent to the laying of sewers or water mains is not forthcoming, the local authority can apply to An Bord Pleanála who will grant leave if it finds that the landowner's consent has been withheld unreasonably. This provision was brought into force on 1 January.
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