S.I. No. 176/1955 - Waterford Harbour Works Order, 1955.

S.I. No. 176 of 1955.

WATERFORD HARBOUR WORKS ORDER, 1955.

I, WILLIAM NORTON, Minister for Industry and Commerce, in exercise of the powers conferred on me by Part VIII of the Harbours Act, 1946 (No. 9 of 1946) and on the application of the Waterford Harbour Commissioners hereby order as follows :—

1. This Order may be cited as Waterford Harbour Works Order, 1955.

2. In this Order—

the expression " the Minister " means the Minister for Industry and Commerce ;

the expression " the Commissioners " means the Waterford Harbour Commissioners ;

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

the expression " the plans sections and specifications " means the plans sections and specifications deposited by the Commissioners with the Minister in connection with their application for this Order ;

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

3. Subject as hereinafter provided the Commissioners are hereby authorised to carry out and complete in accordance with the plans sections and specifications the following works, that is to say—

(i) Construction of No. 1 New Transit Shed (adjacent to Forde Wharf) 120 feet long by 70 feet wide, comprising a reinforced concrete framework to eaves level with concrete block panel infilling walls, surmounted by steel roof principals sheeted with corrugated asbestos cement.

(ii) Construction of a New Reinforced concrete piled Pier 40 feet by 30 feet at the Harbour Master's Office.

(iii) Removal of the existing Grand Canal Hulk and re-siting it at the New Pier to be constructed under (ii) above.

(iv) Replacing of the existing Duncannon Hulk by one of the Liverpool hulks available as a result of the work under (vi) below.

(v) Reconstruction of the existing timber portion of the Clyde Jetty by means of a reinforced concrete deck carried on steel box piles with tracks for portal crane.

(vi) Removing the existing Liverpool Hulks and extending the existing Clyde Jetty 300 feet downstream in a construction comprising a reinforced concrete beam and slab deck supported by steel box piles and incorporating one cattle creep and tracks for portal crane.

(vii) Construction of new open transit shed about 210 feet long by 70 ft. wide on Clyde Jetty Extension comprising steel framework with asbestos corrugated cement sheet roofing.

(viii) Replacing one of the London Hulks by one of the Liverpool Hulks available as a result of extending the Clyde Jetty.

(ix) Removal of the existing Great Western Hulk and constructing in its place a jetty 250 feet long by 85 ft. wide incorporating two cattle creeps and tracks for a portal crane.

(x) Construction on the New Great Western Jetty of a building suitable for passengers customs clearance.

(xi) Provision of a 7½ ton level luffing portal crane for the Great Western Jetty.

(xii) Paving of quays.

In executing the works the Commissioners may with the consent in writing of the Minister, deviate laterally to any extent within the limits of deviation marked on the plans and may with the like consent deviate vertically to any extent from the levels of these works as shown on the Sections.

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

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

7.—(i) The Commissioners may cause any 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 and 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, so 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 passingand 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 are accustomed to serve.

(ii) The Commissioners may also cause the subsoil under public or private roads, highways, streets and footpaths and any railways, 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, so that the Commissioners do previous to opening up or otherwise interfering with the same provide in lieu of such railways, 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 sufficient means for conveying off the water and sewage from the adjoining or neighbouring lands and premises affected and sufficient 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, railways, 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.

8. Before interfering under this Order with any works under the control of a local authority the Commissioners shall give three weeks' previous notice in writing to such local authority of the nature of their intended interference and the Commissioners shall exercise their powers in respect of any such works to the reasonable satisfaction of such local authority.

9. 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, Coras Iompair Eireann or The City of Waterford Gas Company withouthaving obtained the previous consent in writing of such body or of the Minister who, before giving such consent, shall consult with such body and consider any representation which such body shall make to him.

10. 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 Civil Engineers of Ireland and shall be deemed to have been so referred in pursuance of a submission by deed executed by the parties.

11. 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.

12. 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.

13. 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 authorities of the Electricity Supply Board, Coras Iompair Eireann or The City of Waterford Gas Company.

14. 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 12th day of September, 1955.

WILLIAM NORTON.

Minister for Industry and Commerce.