S.I. No. 111/1949 - Arklow Harbour Works Order, 1949.

S.I. No. 111 of 1949.

ARKLOW HARBOUR WORKS ORDER, 1949.

I, DANIEL MORRISSEY, 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 Arklow Harbour Commissioners, hereby order as follows :—

1. This Order may be cited as the Arklow Harbour Works Order, 1949.

2. In this Order—

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

the expression " the Commissioners " means the Arklow Harbour Commissioners;

the expression " local authority " has the same meaning as it has in Section 1 of the Local Government Act, 1925 (No. 5 of 1925);

the expressions " the plan ", " sections " and " specification " means the plan, sections and specification 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. (1) The Commissioners are hereby authorised to carry out and complete, in Arklow Harbour, in accordance with the plan, sections and specification and subject to paragraph (2) of this Article, the following works, that is to say—

(a) the construction of a quay 278 feet long or thereabouts at the east side of the Dock to the south of the existing quay with the line top-level and face-batter of the new quay conforming with the existing quay and the raising of the low portion of the existing quay wall over a length of 50 feet or thereabouts to the same level and face-batter as the remainder of the existing quay and the new quay and the filling behind the new quay and the raised portion of the existing quay and the grading of the surface uniformly from the quay face to the concrete road along the east and south sides of the dock and the provision of the necessary bollards, mooring-rings and ladders along the face of the new quay ;

(b) the construction of a berth-end wall 125 feet long or thereabouts at the south end of the new quay, at an angle of approximately 100° with it, its top level with the top of the quay, and the filling behind the berth-end wall and the levelling of the filling for 12 feet or thereabouts back from the coping and the grading down thence of the filling at 1 in 5 or thereabouts to meet the existing ground level and the provision of the necessary bollards, mooring-rings and steps along the face of the berth-end wall ;

(c) the dredging of a berth 60 feet wide or thereabouts in front of the new quay and the dredging of an approach channel from the dock entrance to the new quay 120 feet wide or thereabouts, all to a depth of 12 feet below low water of ordinary spring tides and the grading of the side-slopes at 5 to 1 or thereabouts to the south and west and uniformly from the full 12 feet below low water of ordinary spring tides to the permissible dredging depth along the faces of the existing quays to the north and east.

(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 plan, and may with the like consent deviate vertically to any extent from the levels of those works as shown on the sections.

4. (1) The Commissioners may cause any public or private roads, highways, 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, 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 or highways, 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, footpaths, tunnels, streams, water-courses, railway-sidings, sewers, drains, pipes, wires and apparatus so to be opened, broken up, crossed, altered, extended, diverted or otherwise interfered with as aforesaid, but before interfering 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.

5. The works shall be completed on or before the 31st day of March, 1954.

6. 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 1928, 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.

7. 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 20th day of April, 1949.

DANIEL MORRISSEY,

Minister for Industry and Commerce.