S.I. No. 210/1975:

ARKLOW HARBOUR WORKS ORDER, 1975.

ARKLOW HARBOUR WORKS ORDER, 1975.

I, PETER BARRY, Minister for Transport and Power, in exercise of the powers conferred on me by Section 134 of the Harbours Act, 1946 (No. 9 of 1946), and the Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order, 1959 (No. 125 of 1959), on the application of the Arklow Harbour Commissioners and after due compliance with Section 136 of the said Act, hereby order as follows:--

1. This Order may be cited as the Arklow Harbour Works Order, 1975.

2. In this Order:--

"the Minister" means the Minister for Transport and Power;

"the Commissioners" means the Arklow Harbour Commissioners;

"the drawing" means the drawing deposited by the Commissioners with the Minister in connection with their application for this Order;

"the works" means the works authorised by this Order;

"local authority" has the same meaning as in the Local Government Act, 1941 (No. 23 of 1941).

3. (1) The Commissioners are hereby authorised to carry out and complete in accordance with the drawing and subject to paragraph (2) of this Article the following works in the harbour of Arklow:--

(i) paving of the North and South Quays and the roadways as shown in the drawing;

(ii) the provision of ancillary berth services at the North and South Quays;

(iii) miscellaneous repairs to the North and South Piers;

(iv) the dredging of the river Avoca at Arklow to a minimum depth of 12 feet L.W.O.S.T. over the area downstream of the line coloured red shown on the drawing;

(v) the doing of all works necessary and ancillary to the above constructions.

(2) In executing the works, the Commissioners may, with the consent in writing of the Minister, deviate laterally from the limits marked on the drawing and may, with the like consent, deviate vertically from the levels of the works as shown on the drawing.

4. The works shall be completed within a period of 10 years from the making of this Order.

5. The Commissioners shall take such steps (if any) as may be necessary in the course of the works for the protection of the public.

6. (1) The Commissioners may cause such public or private roads, highways, streets and footpaths, as shall be in or near the intended situation of the works, to be temporarily opened up, broken up or stopped up as they shall think necessary or convenient for making or completing the works or in connection with the works or any of them, or the operations and conveniences connected therewith, or for any of the purposes of their undertaking, provided that the Commissioners do previous to the opening up, breaking up or stopping up or otherwise interfering with the same make and provide in lieu of such roads, highways, streets and footpaths good and sufficient means of passing and repassing or conducting traffic by roads, highways, streets and footpaths as convenient in all respects as the public and private roads, highways, streets and footpaths to be temporarily opened up, broken up or stopped up and that, on the completion of the works, the Commissioners do restore, to the satisfaction of the road authority (within the meaning of the Local Government Act, 1946 (No. 24 of 1946)), any road, highway, street or footpath opened up, broken up, stopped up or otherwise interfered with under this Order.

(2) The Commissioners may also cause the subsoil under public or private roads, highways, streets and footpaths and any railway-sidings, tunnels, streams, watercourses, sewers, drains, pipes, hydrants, gas mains, electric cables, wires and apparatus as shall be in or near the intended situation of the works to be either temporarily or permanently opened up, broken up, crossed, altered, extended, diverted or otherwise interfered with as they shall think necessary or convenient for making and completing the works or in connection with the works or any of them or the operations or conveniences connected therewith or for any of the purposes of their undertaking, provided that the Commissioners do previous to opening up or otherwise interfering with the same make, in consultation with the road authority (within the meaning of the Local Government Act, 1946 ), all necessary arrangements to ensure the safety and stability of any road, highway, street or footpath the subsoil under which is opened up, broken up, crossed, altered, extended, diverted or otherwise interfered with under this Order and provide in lieu of such railway-sidings, tunnels, streams, watercourses, sewers, drains, pipes, hydrants, gas mains, electric cables, wires or apparatus, good and sufficient means of passing and repassing or conducting traffic by railways or sidings and good and efficient means for conveying off the water and sewage from the adjoining or neighbouring lands and premises affected and sufficient alternative gas mains, electric cables, wires or other apparatus for such purposes as the electric cables, wires and other apparatus so to be altered or interfered with are accustomed to serve, as convenient in all respects as the tunnels, streams, watercourses, railway-sidings, sewers, drains, pipes, hydrants, gas mains, electric cables, wires and apparatus to be opened up, broken up, crossed, altered, extended, diverted or otherwise interfered with as aforesaid.

7. The Commissioners shall not be authorised by virtue of this Order to interfere with any work under the control of a local authority without having obtained the previous consent in writing of the local authority and before interfering under this Order with any works under the control of a local authority the Commissioners shall give three weeks' notice in writing to such local authority of the nature of their intended interference and shall exercise their powers in respect of any such works to the reasonable satisfaction of such local authority.

8. The Commissioners shall not be authorised by virtue of this Order to interfere with any work under the control of any of the following bodies, that is to say, the Electricity Supply Board, Córas Iompair Éireann or Arklow Urban District Council without having obtained the previous consent in writing of such bodies or of the Minister who, before giving such consent, shall consult with such body and consider any representations which such body shall make to him.

9. Subject as aforesaid in case of any dispute or difference between the Commissioners and any person or body aggrieved by anything done or omitted to be done by the Commissioners in exercise of their powers under this Order, every such dispute or difference shall be referred, with full power to award costs, to the final decision of two arbitrators, one chosen by each party, and if the arbitrators disagree, of an umpire chosen by the arbitrators before they sit, or in the event of disagreement, by the President for the time being of the Institution of Engineers of Ireland, and shall be deemed to have been so referred in pursuance of a submission by deed executed by the parties.

10. Nothing in this Order shall affect any right of the State to or over foreshore or any lands which have at any time been foreshore.

11. Nothing in this Order shall authorise any interference except by consent of the Minister for Posts and Telegraphs with any telegraphic lines of the Minister for Posts and Telegraphs as defined by the Telegraph Acts, 1863 to 1953, or other property of the Minister for Posts and Telegraphs or any of the rights of the Minister for Posts and Telegraphs under the said Acts.

12. Save as in this Order otherwise expressly provided, nothing in this Order contained shall take away, lessen, prejudice, alter or affect any of the duties, rights, privileges, property, power and authority of the Electricity Supply Board, Córas Iompair Éireann or Arklow Urban District Council.

13. All costs, charges, fees and expenses of or incidental to preparing and obtaining this Order or otherwise incurred in relation thereto shall be paid by the Commissioners out of their funds.

GIVEN under my Official Seal, this 9th day of September, 1975.

PETER BARRY,

Minister for Transport and Power.

EXPLANATORY NOTE.

This Order authorises the Arklow Harbour Commissioners to carry out certain paving, dredging and miscellaneous works at Arklow Port.