S.I. No. 150/1963 - Cork Harbour Works Order, 1963.

S.I. No. 150 of 1963.

CORK HARBOUR WORKS ORDER, 1963.

I, ERSKINE H. CHILDERS, 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 ( S.I. No. 125 of 1959 ), on the application of the Cork 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 Cork Harbour Works Order, 1963.

2. In this Order—

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

"the Commissioners" means the Cork Harbour Commissioners;

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

"the map", "the drawings" and "the specification" mean respectively the map, the drawings and the specification deposited by the Commissioners with the Minister in connection with their application for this Order;

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

3. (1) Subject as hereinafter provided, the Commissioners are hereby authorised to carry out and complete, in accordance with the map, the drawings and the specification, the following works, that is to say:

(a) the removal of the existing 200 feet long and 40 feet wide timber portion of the Admiralty Pier, Cobh, and its replacement by a reinforced concrete structure approximately 200 feet long and 40 feet wide, consisting of a reinforced concrete slab supported by reinforced concrete piles, with concrete landing stages on the east, south and west faces, galvanised tubular railings at each end, green-heart piled fendering with rubber buffer blocks, and having 15 feet of water below low water ordinary spring tides alongside the faceline of the pier;

(b) the provision on such rebuilt pier of such lights, power plugs, cargo-handling equipment and mooring appliances as may be necessary for dealing adequately with traffic at the quay.

(2) 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 map and may, with the like consent, deviate vertically to any extent from the levels of these works as shown on the drawings.

4. The works shall be completed within five years from the commencement 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 any public or private roads, highways, streets, footpaths, tunnels, streams, water-courses, railway sidings, sewers, drains, pipes, wires and apparatus as shall be in or near the intended situation of the works to be opened, stopped up, broken up, crossed, altered, extended, diverted or otherwise interfered with (whether temporarily or permanently), as the Commissioners shall think necessary or convenient for making and completing 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, previously to stopping up or otherwise interfering with the same, make and provide in lieu of such roads, highways, streets, footpaths, tunnels, streams, water-courses, railway sidings, sewers, drains, pipes, wires or apparatus, good and sufficient means of passing and repassing or conducting traffic by roads, paths, highways, streets, or railway sidings, and good and sufficient means for conveying off the water and sewage from the adjoining or neighbouring lands and premises affected and good and sufficient alternative wires and other apparatus for such purposes as the wires and apparatus so to be altered or interfered with are accustomed to serve, as convenient in all respects as the public and private roads, highways, streets, footpaths, tunnels, streams, water-courses, railway sidings, sewers, drains, pipes, wires and apparatus so to be opened, stopped up, broken up, crossed, altered, extended, diverted or otherwise interfered with as aforesaid, but before interfering under this Order with any public 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 and the Commissioners shall not be authorised by virtue of this Article to interfere with any works under the control of the Electricity Supply Board without having obtained the previous consent in writing of the Minister, who before giving any such consent shall consult the Electricity Supply Board and consider any representations which that Board may make to him.

(2) 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 Article 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, and shall be deemed to have been so referred in pursuance of a submission by deed executed by the parties.

7. 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.

8. 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.

9. 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 7th day of August, 1963.

ERSKINE H. CHILDERS,

Minister for Transport and Power.

EXPLANATORY NOTE.

The effect of this Order is to authorise the Cork Harbour Commissioners to reconstruct the Admiralty Pier at Cobh.