S.I. No. 146/1964 - Cork Harbour Works Order, 1964.

S.I. No. 146 of 1964.

CORK HARBOUR WORKS ORDER, 1964.

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, 1964.

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 " means 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 :

the extension eastward for approximately 480 feet and thence northward for approximately 320 feet of the existing concrete faced embankment or revetment known as the Tivoli Embankment and situate on the north bank of the river Lee near the townland of Lota Beg in the County of Cork, the extension to be constructed of a core consisting of mud, clay, gravel or other approved material faced with concrete slabs and protected on the landward side by a concrete toe and on the river side by a concrete toe and piles.

(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 are hereby authorised to construct from time to time, lateral baffles or weirs between the embankment specified in paragraph (1) of Article 3 of this Order and the railway embankment, the property of Córas Iompair Éireann in the townlands of Lota Beg and Lota More in the County of Cork, for the purpose of regulating and controlling the disposal of material to be dredged from the river Lee and pumped into the foreshore between the aforementioned embankment and the railway embankment.

6. 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.

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 13th day of June, 1964.

ERSKINE H. CHILDERS,

Minister for Transport and Power.

EXPLANATORY NOTE.

The effect of this Order is to authorise Cork Harbour Commissioners to carry out works at Cork Harbour consisting of the extension of an existing concrete faced embankment on the north bank of the River Lee.