S.I. No. 58/1953 - Dundalk Harbour Works Order, 1953.

S.I. No. 58 of 1953.

DUNDALK HARBOUR WORKS ORDER, 1953.

I, SEÁN F. LEMASS, Minister for Industry and Commerce, in exercise of the powers conferred on me by Part VIII of the Harbours Act, 1946 (Number 9 of 1946), and on the application of the Dundalk Harbour Commissioners, hereby order as follows :—

1. This Order may be cited as the Dundalk Harbour Works Order, 1953.

2. In this Order—

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

the expression " the Commissioners " means the Dundalk Harbour Commissioners ;

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

the expression " 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 the following works :—

(a) to pump spoil from the Dundalk River across the embankment known as the Navvy Bank on to the lands of Peter E. Daly referred to as " W " in the Schedule hereto and to deposit the spoil thereon to a maximum depth of three feet nine inches ;

(b) to repair with sods and clay the existing rampart between the lands of the said Peter E. Daly and the lands the property of the Representatives of Kate Hearty, deceased, now occupied by Bridget Evans on the West side of the lands of the said Peter E. Daly ;

(c) to pump spoil from the said River on to the lands of John Crilly referred to as " X " in the Schedule hereto and to deposit the spoil thereon to a maximum depth of nine feet six inches ;

(d) to pump spoil from the said River on to the portion of the lands of Peter J. McArdle referred to as " Y " in the Schedule hereto and to deposit the spoil thereon to a maximum depth of nine feet three inches ;

(e) to pump spoil from the said River on to the portion of the lands of Peter Devoy known as " The Towers " referred to as " Z " in the Schedule hereto and to deposit the spoil thereon to a maximum depth of twelve feet six inches ;

(f) to erect a rampart or other structure running from the North East corner of the dwellinghouse and buildings the property of the said Peter J. McArdle to the North West corner of his lands and to continue the said rampart in a straight line from the said North West corner through portion of the property known as " The Towers " to a point within sixty feet or thereabouts of the Navvy Bank and thence in a straight line in a northerly direction to the Navvy Bank.

(2) The said structure shall consist of approved steel or concrete piling or approved fascine work with willow, or other suitable twig mattresses or faggot bundles 6 feet long by 3 feet in girth, weighted with sods and clay, overlapping in transverse layers, or other approved form of structure, adequate permanently to retain the dredged spoil, the height above existing ground level being nine feet at ends and twelve feet in centre.

4. The works shall be completed within two years from the commencement of this Order.

5. The Commissioners, their officers, servants, agents and contractors, are authorised to enter all or any of the lands referred to in Article 3 with all necessary machinery, tools, plants or other appliances.

6. The Commissioners shall take such further steps (if any) as may be necessary in the course of the works for the protection of the public.

7. On the completion of the works as aforesaid the Commissioners shall hand over the said lands to the respective owners in the condition in which they then are.

8. The Commissioners shall pay such compensation (if any) to the persons having estates or interests in the said lands as may be agreed on, and any question of disputed compensation shall be determined under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919, as amended by the Acquisition of Land Reference Committee) Act, 1925 . Save as aforesaid the Commissioners may deal with any affected person in such manner and on such terms as may be agreed on.

9. For the purposes of the works the Commissioners are authorised to remove, alter, or otherwise interfere with any embankment, ditch, fence or wall, and to stop up, divert or otherwise interfere with any right of way or other right, subject to the provisions of this Order.

10.—(1) The Commissioners may cause any 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 operations and conveniences connected therewith, or for any of the purposes of their undertaking, so 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 are accustomed to serve.

(2) The commissioners may also cause the subsoil under public or private roads, highways, streets and footpaths, and any streams, watercourses, sewers, drains, pipes, hydrants, 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 thay 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, so that the Commissioners do previous to opening up or otherwise interfering with same provide in lieu of of such streams, watercourses, sewers, drains, pipes, hydrants, electric cables, wire or apparatus good and sufficient means for conveying off the water and sewage from the adjoining or neighbouring lands and premises affected and efficient alternative 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 streams, watercourses, sewers, drains, pipes, hydrants, electric cables, wires and apparatus to be opened up, broken up, crossed, altered, extended, diverted or otherwise interfered with as aforesaid.

11. Before interfering under this Order with any works under the control of a local authority the Commissioners shall give three week's 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.

12. The Commissioners shall not be authorised by virtue of this Order to interfere with any work under the control of the Electricity Supply Board without having obtained the previous consent in writing of the Board or of the Minister who, before giving such consent, shall consult the Board and consider any representations which the Board may make to him.

13. 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 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 Institute of Civil Engineers of Ireland and shall be deemed to have been so referred in pursuance of a submission by deed executed by the parties.

14. 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.

15. 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.

16. All costs, charges, fees and expenses of, or incidental to, the preparing and obtaining of this Order, or otherwise incurred in relation thereto shall be paid by the Commissioners out of their funds.

SCHEDULE.

W.—All that portion of the lands of Peter E. Daly situate in the Townland of Point containing 5a. 0r. 11p. Statute Measure or thereabouts bounded on the North by lands the property of the Commissioners on the South by the Public Road known as the Point Road on the East by a passage from the said Point Road to the lands of the Commissioners and parallel with and adjoining the private Road of the Dundalk Urban Council from the said Point Road to their Sewage Disposal Tank and on the West by lands the property of the Representatives of Kate Hearty, deceased, and now in the occupation of Bridget Evans ;

X.—Part of the lands of John Crilly in the Townland of Point containing 5a. 0r. 14p. Statute Measure or thereabouts bounded on the North by portion of the property known as "The Towers" (referred to at Item Z herein) on the South by the said Point Road on the East by property known as the Lightkeepers Dwellings and on the West by lands the property of Peter J. McArdle (referred to at Item Y herein) ;

Y.—All that portion of the lands of Peter J. McArdle situate in the Townland of Point containing 3 roods 17 perches Statute Measure or thereabouts bounded on the North by portion of the property known as "The Towers" (referred to at Item Z herein) on the South by the said Point Road on the East by lands the property of the said John Crilly (referred to at Item X herein) and on the West by the remaining property of the said Peter J. McArdle ;

Z.—Part of the lands of Peter Devoy known as "The Towers" situate in the Townland of Point containing 6a. 1r. 30p. Statute Measure or thereabouts bounded on the North by the Navvy Bank abutting Dundalk River on the South by lands the property of the said Peter J. McArdle (referred to at Item Y herein) and the property of the said John Crilly (referred to at Item X herein) and by lands of John Lennon and Owen Lennon on the East by an existing crossbank running North from the North-East comer of the lands of the said John Crilly to the said Navvy Bank and on the West by the remaining property of the said Peter Devoy ;

All of the said Lands being situate in the Townland of Point, Parish of Dundalk, Barony of Upper Dundalk and County of Louth.

GIVEN under my Official Seal this 6th day of February, 1953.

(Signed) SEAN F. LEMASS,

Minister for Industry and Commerce.