S.I. No. 82/1969 - Dublin Harbour Works Order, 1969.


S.I. No. 82 of 1969.

DUBLIN HARBOUR WORKS ORDER, 1969.

The Minister for Transport and Power, in exercise of the powers conferred on him 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 Dublin Port and Docks Board, and after due compliance with section 136 of the said Act, hereby orders as follows :—

1. This Order may be cited as the Dublin Harbour Works Order, 1969.

2. In this Order—

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

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

" the plan " means the plan deposited by the Board 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 Board is hereby authorised to carry out and complete in accordance with the plan the following works in the port of Dublin, that is to say :

(a) The construction of a quay approximately 750 feet in length, running parallel to the Eastern Breakwater and at a distance of about 600 feet therefrom, and the raising of the level of the area containing about 10 acres lying between the aforesaid quay and the Eastern Breakwater ; such quay and ajoining area being described as " B. & I. Freight Terminal ".

(b) The construction of a quay approximately 500 feet in length running parallel to the Eastern Breakwater and at a distance of about 1,000 feet from the Ferry Terminal, and the raising of the level of an area containing about 912 acres lying immediately to the East and North East of the said quay ; such quay and adjoining area being described as " British Railways Freight Terminal ".

(c) The construction of an embankment of about 750 feet in length running in a northerly direction from the north eastern corner of the ferry terminal, parallel to and at a distance of about 1,500 feet from the Eastern Breakwater as far as a point opposite to the line of Alexandra Road.

(d) The raising of the level of the area containing about 26 acres between the aforesaid embankment and the Eastern Breakwater, such area being described as " Container Complex ".

(e) The construction of a causeway and road thereon, of about 1,100 feet in length running in an easterly direction from the aforesaid embankment, to provide access to the British Railways Freight Terminal.

(2) The works shall be completed within a period of six years from the commencement of this Order.

4. In 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, and shall be deemed to have been so referred in pursuance of a submission by deed executed by the parties.

5. 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.

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 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.

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 Board out of its funds.

GIVEN under the Official Seal of the Minister for Transport and Power this 16th day of May, 1969.

PATRICK J. LALOR.

A person authorised under Section 15 (1) of the Ministers and Secretaries Act, 1924 to authenticate the seal of the said Minister.

EXPLANATORY NOTE.

The effect of this Order is to authorise the Dublin Port and Docks Board to carry out certain works necessary to the provision of two Freight Terminals at the Port of Dublin.