S.I. No. 335/1971 - Limerick Harbour Works Order, 1971.


S.I. No. 335 of 1971.

LIMERICK HARBOUR WORKS ORDER, 1971.

I, BRIAN LENIHAN, 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 Limerick 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 Limerick Harbour Works Order, 1971.

2. In this Order—

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

"the Commissioners" means the Limerick Harbour Commissioners;

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

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

3. (1) The Commissioners are hereby authorized to carry out and complete in accordance with the drawings and subject to paragraph (2) of this Article the following works:—

the construction of a jetty, built of reinforced concrete, structural steelwork, and rock filling, in the river Shannon near Dernish Island, 1 mile south of Shannon Airport, including a jetty head approximately 150 ft. long, together with two mooring buoys, an approach bridge approximately 660 ft. long and a causeway approximately 140 ft. long.

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

6. 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.

7. 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.

8. 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 14th day of December, 1971.

BRIAN LENIHAN,

Minister for Transport and Power.

EXPLANATORY NOTE.

This Order authorises the Limerick Harbour Commissioners to provide marine terminal facilities near Shannon Airport.