S.I. No. 338/1977 - Dublin Harbour Works Order (North Side), 1977.

S.I. No. 338 of 1977.

DUBLIN HARBOUR WORKS ORDER (NORTH SIDE), 1977.

I, PÁDRAIG FAULKNER, Minister for Tourism and Transport, in exercise of the powers conferred on me by section 134 of the Harbours Act, 1946 (No. 9 of 1946), the Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order, 1959 (No. 125 of 1959), and the Transport and Power (Alteration of Name of Department and Title of Minister) Order, 1977 (No. 305 of 1977), on the application of the Dublin Port and Docks Board and after due compliance with section 136 of the said Act, hereby order as follows:—

1. This Order may be cited as the Dublin Harbour Works Order (North Side), 1977.

2. In this Order:—

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

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

"the drawing" means the drawing deposited by the Board with the Minister in connection with their application for this Order;

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

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

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 construction of embankments to enclose an area of approximately 6.27 hectares to the north of the British Rail Freight Terminal which area is coloured red on the drawing, and the raising to a level of approximately 5.79 metres Port Datum of the said area of approximately 6.27 hectares by the deposit of dredged materials or dry filling therein;

( b ) the construction of a quay approximately 180 metres in length in line with the south of the existing quay at the British Rail Freight Terminal and which area is coloured purple on the drawing;

( c ) the construction of embankments to enclose an area of approximately 2.24 hectares to the east of the quay referred to in sub-paragraph (b) of this paragraph and to the south of the British Rail Freight Terminal (which area is coloured blue on the drawing) and the raising to a level of approximately 5.79 metres Port Datum of the said area of approximately 2.24 hectares by the deposit of dredged materials or dry filling therein;

( d ) the provision of tramrails, electric cranes, crane rails, crane plug boxes, mooring appliances, fenders, lighting poles and ancillary works, comprising surfacing, the laying of sewers, watermains, telephone and electric cables at the aforementioned quay and reclaimed areas, and the doing of all work necessary and ancillary to the above construction.

(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. (1) The Board 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 it shall think necessary or convenient for making or completing the works or in connection with the works or any of them, or the operations and conveniences connected therewith or for any of the purposes of its undertaking, provided that the Board does 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 and that, on the completion of the works, the Board does restore, to the satisfaction of the road authority (within the meaning of the Local Government Act, 1946 (No. 24 of 1946)), any road, highway, street or footpath opened up, broken up, stopped up or otherwise interfered with under this Order.

(2) The Board may also cause the subsoil under public or private roads, highways, streets and footpaths and any railway-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 it 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 its undertaking, provided that the Board does previous to opening up or otherwise interfering with the same make, in consultation with the road authority (within the meaning of the Local Government Act, 1946 ), all necessary arrangements to ensure the safety and stability of any road, highway, street or footpath the subsoil under which is opened up, broken up, crossed, altered, extended, diverted or otherwise interfered with under this Order and provide in lieu of such railway-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 railway or sidings and good and efficient means for conveying off the water and sewerage from the adjoining or neighbouring lands and premises affected and sufficient alternative gas mains, electric cables, wires or 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, railway-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. The Board 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, Córas Iompair Éireann, Dublin Corporation or the Alliance and Dublin Consumers' Gas Company without having obtained the previous consent in writing of such bodies 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.

8. Subject as aforesaid 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, 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.

9. 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.

10. 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.

11. 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 authority of the Electricity Supply Board, Córas Iompair Éireann, Dublin Corporation or the Alliance and Dublin Consumers' Gas Company.

12. 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 7th day of November, 1977.

PÁDRAIG FAULKNER,

Minister for Tourism and Transport.

EXPLANATORY NOTE.

This Order authorises the Dublin Port and Docks Board to construct a new quay and a number of embankments, to reclaim two areas and to provide certain ancillary facilities in the vicinity of the British Rail Freight Terminal on the north side of the River Liffey at Dublin Port.