S.I. No. 89/1937 - The Cement Act (Transport Works) (Aerial Ropeway) Order, 1937.

STATUTORY RULES AND ORDERS. 1937. No. 89.

THE CEMENT ACT (TRANSPORT WORKS) (AERIAL ROPEWAY) ORDER, 1937.

THE CEMENT ACT (TRANSPORT WORKS) (AERIAL ROPEWAY) ORDER, 1937, MADE BY THE MINISTER FOR INDUSTRY AND COMMERCE ON THE 16TH DAY OF MARCH, 1937, PURSUANT TO SECTION 28 of THE CEMENT ACT, 1933 .

WHEREAS Cement Limited being the holder of a cement manufacture licence has applied pursuant to the provision of Part IV of the Cement Act, 1933 , to the Minister for Industry and Commerce for an order under the said Part of the said Act authorising them to construct, maintain and operate, for the purpose of the business authorised by such licence, the aerial ropeway shown in the plan accompanying such application :

AND WHEREAS the applicants have complied with the provisions of sections 25 and 26 of the said Act, and a public inquiry into such application has been held pursuant to the provisions of section 27 of the said Act :

AND WHEREAS the Minister for Industry and Commerce has after the completion of such public inquiry considered the application and the report of the officers who made such inquiry, and after such consideration is of opinion that the application should be granted :

NOW, THEREFORE, the Minister for Industry and Commerce in exercise of the powers conferred on him by section 28 of the Cement Act, 1933 , and of every and any other power him in this behalf enabling hereby orders as follows, that is to say :—

1 Short title.

1. This Order may be cited for all purposes as the Cement Act (Transport Works) (Aerial Ropeway) Order, 1937.

2 Interpretation Act.

2. The Interpretation Act, 1923 , shall apply to the interpretation of this Order in like manner as it applies to an Act of the Oireachtas.

3 Definitions.

3. In this Order the following words and expressions shall (unless the context otherwise requires) have the following meaning that is to say :—

" The Act " means the Cement Act, 1933 .

" The Minister " means the Minister for Industry and Commerce.

" The Company " means Cement Limited.

" The Cement Factory " includes the site of the Cement factory intended to be erected by the Company in the Townland of Newtownstalaban.

" The Works " means the Works authorised by this Order.

" The deposited Plan," " The Book of Reference," and " the additional plans " mean respectively the plan, the book of reference and the additional plans deposited, in pursuance of the Act.

4 Power to construct, maintain and operate the works.

4. Subject to the provisions of this Order and subject also to such (if any) alterations in the deposited plan or the additional plans as the Minister may require before completion of the works the Company may upon the lands shown on the deposited plan and on the lines and according to the levels shown on the deposited plan construct maintain and operate the following transport works that is to say:— the aerial ropeway (hereinafter called " the ropeway ") in the County of Louth, connecting the Company's quarry in the Townland of Mell with the Cement Factory, described and delineated in the deposited plan and additional plans.

5 Grant of rights by Minister and compensation.

5.—(a) The Minister may on the application of the Company by Order grant to the Company any rights the grant of which is necessary for giving effect to this Order.

(b) The Company shall pay compensation for or in respect of any rights so granted by the Minister to the Company to the several persons entitled to or having estates or interests in the lands or premises over which such rights are granted.

(c) Any question of disputed compensation in respect of any rights so granted by the Minister to the Company shall in default of agreement be determined by an Official Arbitrator under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919.

6 Manner in which ropeway shall be constructed, maintained and operated.

6. The Works shall be constructed, maintained and operated in accordance with the following provisions and conditions :—

(a) The ropeway shall be of the bicable type with detachable buckets. The carrying rope shall be suspended on steel supports spaced conveniently along the line. The load shall be carried in buckets which travel on wheels on the carrying rope. The buckets shall be moved by means of a traction rope. The traction rope shall be supported by the buckets and moved by a driving gear at the Cement Factory. The driving gear shall be driven by an electric motor.

(b) Provision shall be made for telephone communication between, and for the emergency stopping of the machinery from each of the following control

points:—

(1) The loading station.

(2) The angle station.

(3) The driving station at the Cement Factory.

The Machinery shall be started from the driving station at the Cement Factory only. The Company shall provide such further or other control points as the Minister shall at any time consider necessary.

(c) The nett weight of the load capacity of each bucket shall be approximately 25 cwt.

(d) The speed of the buckets shall not exceed 135 yards per minute and the capacity of the Ropeway shall be approximately 175 tons per hour.

(e) The length of the Ropeway shall be approximately 2.26 miles.

( f ) The distance from the ground to the underside of the buckets shall, where the Ropeway passes over fields, not be less than 12 feet under the worst conditions of partial loading.

(g) Where the Ropeway passes over Bog Lane, Roches Lane and Greenbatter Lane effective protective structures shall be erected under the Ropeway and the distance from the road level to the underside of any such protective structures shall not be less than 16 feet 6 inches.

(h) Protection Bridges to the satisfaction of the County Surveyor for the County Louth shall be erected under the Ropeway where it passes over :—

North Road,

Twenties Road,

Ballymakeny Road,

Newfoundwell Road, and

Newtown Road,

and the distance from the road level to the underside of such protection bridges shall not be less than 18 feet. Whenever it is shown that the widening of the span of any protection bridge is necessary to enable road widening work to be carried out, the Company shall at their own expense when so requested by the said County Surveyor widen the span of any such protection bridge. In the event of any dispute or difference between the said County Surveyor and the Company such dispute or difference shall be referred to the decision of an arbitrator to be appointed in writing, by the parties, or if they cannot agree upon a single arbitrator, to the decision of two arbitrators one to be appointed by each party, and in case of disagreement to the decision of an umpire to be appointed by the two arbitrators, and the decision of such arbitrator or arbitrators or umpire as the case may be shall be final and binding on both parties.

(i) A protection bridge complying with the standard specifications of the Great Northern Railway shall be erected under the Ropeway where it passes over the Great Northern Railway main line.

(j) Every part of the Ropeway with the exception of the anchorages of the foundations shall have a factor of safety of at least 4. The factor of safety of 4 shall be obtained in the case of the ropes by dividing the actual breaking load of the rope by the maximum direct tension to which it will be subjected. For foundation anchorages the moment of resistance of the foundation shall exceed the overturning moment by not less than 50 per cent. The overturning moment shall be calculated on a wind pressure of 30 lb. per square foot on all rigid structures and 10 lb. per square foot on the projected area of the ropes and buckets.

(k) Station gears, trestle sheaves and wire ropes shall be so designed and placed that lubrication can be safely performed while the Ropeway is in motion either by means of a mechanically propelled Ropeway bucket with special apparatus for lubrication or by means of grease or oil guns or pumps operated through pipes from a place of safety.

(l) All buckets shall be provided with appliances which will prevent them from discharging their contents elsewhere than at points where it is intended that their contents shall be discharged.

(m) Within one month from the commencement of operation of the Ropeway there shall be an inspection of the Ropeway by an Insurance Company employed by the Company and approved by the Minister and such Insurance Company shall report the result of such inspection to the Minister. Such report shall be submitted to the Minister within one month from the date of inspection and shall be detailed in reference to the appropriate clauses of this order.

7 User of ropeway.

7. The Ropeway may be used for the transport of limestone shale and other materials used for the manufacture of cement, between the quarries at Mell and the Cement Factory and shall not be used for any purpose not relating to the business authorised by the Cement Manufacture Licence held by the Company. The Ropeway shall not be used for the transport of any person or persons other than a person or persons duly authorised to inspect the cable provided always that during any such inspection the speed of the buckets shall not exceed fifty yards per minute.

8 Insurance.

8. The Company shall effect and maintain with first class Insurance Companies, to be approved by the Minister adequate insurance against the risks of accident or injury to third parties incidental to or consequent upon the construction, maintenance, and operation of the ropeway.

9 Protection of telegraph and telephone lines.

9. Nothing in this Order contained shall authorise any interference with any telegraph line or telephone line of the Minister for Posts and Telegraphs without the consent previously obtained of the Minister for Posts and Telegraphs, or in any way affect or prejudice the rights of the said Minister under the Telegraph Acts, 1863 to 1928.

By Order of the Minister for Industry and Commerce.

Dated this 16th day of March, 1937.

JOHN LEYDON, Secretary,

Department of Industry and Commerce