S.I. No. 53/1987 - Dublin Harbour Works (Sealink Container Terminal) Order, 1987.


S.I. No. 53 of 1987.

DUBLIN HARBOUR WORKS (SEALINK CONTAINER TERMINAL) ORDER, 1987.

I, JIM MITCHELL, Minister for Communications, in exercise of the powers conferred on me by section 134 of the Harbours Act, 1946 (No. 9 of 1946), and the Ministers and Secretaries (Amendment) Act, 1983 (No. 40 of 1983), on the application of the Dublin Port and Docks Board and after due compliance with section 136 of the said Harbours Act, 1946 , hereby order as follows:

1. This Order may be cited as the Dublin Harbour Works (Sealink Container Terminal) Order, 1987.

2. In this Order:

"the Minister" means the Minister for Communications;

" the Board" means the Dublin Port and Docks Board;

"the drawing" means the Dublin Port and Docks Board drawing No. 21332/C;

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

3. (1) The Board is hereby authorised to carry out and complete in accordance with the drawing and subject to paragraph (2) of this article the following works in the Port of Dublin:—

(a) the raising to a level of approximately six metres L.A.T. (Lowest Astronomical Tide) of an area of approximately 0.89 hectares to the east of the Sealink Container Terminal;

(b) the construction of a stone-faced embankment along the eastern and southern sides of the area referred to in subparagraph (a) of this paragraph;

(c) the provision of lighting poles and surfacing in the area referred to in sub-paragraph (a) of this paragraph, together with the laying of sewers, watermains, telephone and electric cables and the doing of all work necessary and ancillary to the above constructions.

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

4. The works shall be completed within a period of ten years from the commencement of this Order.

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

6. In the case of any dispute or difference between the Board and any person or body aggrieved by anything done or omitted to be done by the Board in exercise of its 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 Engineers of Ireland, 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. 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 Board out of its funds.

GIVEN under my Official Seal this 27 day of February, 1987.

JIM MITCHELL,

Minister for Communications.

EXPLANATORY NOTE.

This Order authorises the Dublin Port and Docks Board to reclaim an area measuring 0.89 hectares to the east of the Sealink Container Terminal and to construct a stone faced embankment along the eastern and southern side of that area.