S.I. No. 102/1961 - Drogheda Harbour Works Order, 1961.

S.I. No. 102 of 1961.

DROGHEDA HARBOUR WORKS ORDER, 1961.

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 Drogheda Harbour Commissioners and after due compliance with section 136 of the said Act, hereby order as follows :—

1. This Order may be cited as Drogheda Harbour Works Order, 1961.

2. In this Order—

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

" the Commissioners " means the Drogheda Harbour Commissioners;

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

" the map " and " the drawings " mean respectively the map and drawings 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 and drawings the following works, that is to say—

(i) The widening of the Ballast or Coal Depot Quay by approximately 22 to 27 ft. over a length of 437 ft. by driving a line of steel sheet piling tied back to an anchorage to be constructed below the surface of the existing Ballast Quay, with the space between the new sheet piling filled with gravel or other suitable material; and a new reinforced concrete decking constructed over the extended and existing Ballast Quay, together with the provision of new crane tracks, electrical power supply, water mains, sewer outfall extensions, bollards, ladders and fendering.

(ii) The building of a new electrical substation with cabling therefrom.

(iii) The demolition and reconstruction of the existing public convenience between the Ballast Quay and the Deepwater Quay.

(iv) Re-laying of new crane tracks and electrical power supply for a length of approximately 235 ft. on the existing Welshman's Quay.

(v) The laying of new crane tracks and electrical power supply for a distance of approximately 270 ft. on the Deepwater Quay.

(vi) Regrading of quay and road surfaces so as to facilitate movement of traffic from the reconstructed Ballast Quay to and from Welshman's Quay and the Deepwater 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 drawings 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 making 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 such 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 operation and conveniences connected therewith or for any of the purposes of their undertaking, provided 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 passing and 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.

(2) 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, provided 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 and 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.

7. 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.

8. 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 Éireann or the Corporation of Drogheda Gas Works Department without having 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 representations which such body shall make to him.

9. 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 differenceshall 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 an arbitration agreement executed by the parties.

10. 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.

11. 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.

12. 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 Éireann or the Corporation of Drogheda Gas Works Department.

13. 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 25th day of May, 1961.

(Signed) ERSKINE H. CHILDERS,

Minister for Transport and Power.

EXPLANATORY NOTE.

The effect of this Order is to authorise the Drogheda Harbour Commissioners to carry out improvement works at Drogheda Harbour consisting of the widening and general reconstruction of the Ballast Quay and associated ancillary works.