S.I. No. 145/1982:

FOYNES HARBOUR WORKS ORDER, 1982.

FOYNES HARBOUR WORKS ORDER, 1982.

I, JOHN P. WILSON, Minister for Transport, in exercise of the powers conferred on me by section 134 of the Harbours Act, 1946 (No. 9 of 1946), the Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order, 1959 ( S.I. No. 125 of 1959 ), and the Tourism and Transport (Alteration of Name of Department and Title of Minister) Order, 1980 ( S.I. No. 11 of 1980 ), on the application of the Foynes Harbour Trustees and after due compliance with section 136 of the said Act, hereby order as follows:--

1. This Order may be cited as the Foynes Harbour Works Order, 1982.

2. In this Order--

"the Minister" means the Minister for Transport;

"The Trustees" means the Foynes Harbour Trustees;

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

"the drawings" means the drawings numbered 1467/1/0, 1757/1D and 1757/3B, deposited by the Trustees with the Minister in connection with their application for this Order;

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

3. (1) The Trustees are hereby authorised to carry out and complete in accordance with the drawings and subject to paragraph (2) of this article the following works, namely:--

the construction of a westward extension approximately 155.45 metres long x 18.3 metres wide to the existing East Jetty. Included will be the provision of fendering, bollards, safety ladders, lighting, fire and drinking water mains with hydrants.

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

4. The works shall be completed within five years from the making of this Order.

5. The Trustees 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 Trustees 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 on the completion of the works the Trustees shall 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 Trustees may also cause the subsoil under public or private roads, highways, streets and footpaths, and any tunnels, streams, watercourses, sewers, drains, pipes, hydrants, 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 Trustees shall 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 tunnels, streams, watercourses, sewers, drains, pipes, hydrants, electric cables, wires or apparatus, good and sufficient means for conveying off the water and sewage from the adjoining or neighbouring lands and premises affected and efficient alternative 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, sewers, drains, pipes, hydrants, electric cables, wires and apparatus to be opened up, broken up, crossed, altered, extended, diverted or otherwise interfered with as aforesaid.

7. The Trustees shall not be authorised by virtue of this Order to interfere with any work under the control of a local authority or of the Electricity Supply Board without having obtained the previous consent in writing of such bodies or of the Minister who, before giving such consent, shall consult with such bodies and consider any representations which such bodies shall make to him.

8. Subject as aforesaid, in case of any dispute or difference between the Trustees and any person or body aggrieved by anything done or omitted to be done by the Trustees 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 Civil Engineers of Ireland, and shall be deemed to have been so referred in pursuance of a submission by deed executed by the parties and the provisions of the Arbitration Act, 1954 (No. 26 of 1954) shall apply to an Arbitration under this Article.

9. 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.

10. Nothing in this Order shall authorise any interference except with the 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.

11. 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 or a local authority.

12. 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 Trustees out of their funds.

GIVEN under my Official Seal, this 14th day of May, 1982.

JOHN P. WILSON,

Minister for Transport.

EXPLANATORY NOTE.

This Order authorises Foynes Harbour Trustees to construct a westward extension to the existing east jetty and to carry out associated ancillary works at Foynes Harbour.