The Waterford Harbour Commissioners (Acquisition of Property) Act, 1964

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Number 1 (Private) of 1964.

THE WATERFORD HARBOUR COMMISSIONERS (ACQUISITION OF PROPERTY) ACT, 1964

ARRANGEMENT OF SECTIONS

SCHEDULE

Number 1 (Private) of 1964.

THE WATERFORD HARBOUR COMMISSIONERS (ACQUISITION OF PROPERTY) ACT, 1964

AN ACT TO AMEND THE WATERFORD AND LIMERICK RAILWAY ACT, 1878, AND SECTION 35 OF THE WATERFORD HARBOUR ACT, 1919, TO PROVIDE FOR THE VALIDATION OF AN AGREEMENT AND MATTERS CONNECTED WITH THE MATTERS AFORESAID. [10th June, 1964.]

Preamble.

WHEREAS by section 4 of the Waterford and Limerick Railway Act, 1878 the Waterford and Limerick Railway Company was authorised to erect a wharf at Waterford and by section 6 of the same Act the said wharf was deemed to be part of the undertaking and property of the said Company;

AND WHEREAS by section 7 (a) of the same Act it was provided that on the completion of the said wharf the south-eastern portion thereof as defined in said section 7 was to be used by the Company and the public jointly and subject to the user of the Company was to be under the jurisdiction and control and management of the Waterford Corporation, free from toll to the Company, to the same extent as the other public quays and streets in the Borough of Waterford and under paragraph (c) of the same section it was further provided that the Company was to keep and repair so much of the roadway or surface of the said wharf as lay between the lines of rails laid down thereon and the Waterford Corporation was to maintain and keep in repair the remainder of the south-eastern portion of the said wharf and to light the same;

AND WHEREAS access to the said wharf which is afforded by a thoroughfare called Salvation Lane, portion of which is carried by a bridge over the railway line, is jointly owned by Córas Iompair Éireann and the Fishguard and Rosslare Railways and Harbours Company;

AND WHEREAS the said wharf has since the erection thereof been used by the Waterford Harbour Commissioners in connection with the loading and unloading of ships in the Port of Waterford;

AND WHEREAS the south-eastern portion of the said wharf which is of wooden construction is in bad repair and requires to be taken down and a modern wharf erected thereon;

AND WHEREAS Córas Iompair Éireann as successors to the Waterford and Limerick Railway Company, and Waterford Corporation agree that said south-eastern portion of the said wharf should be owned, managed and controlled by the Waterford Harbour Commissioners as the Port Authority and that both should be relieved of their statutory obligations under section 7 of the Waterford and Limerick Railway Act, 1878 and that Córas Iompair Éireann should be authorised to transfer to the Waterford Harbour Commissioners their estate and interest in the said south-eastern portion of the said wharf and that Córas Iompair Éireann and the Fishguard and Rosslare Railways and Harbours Company should be authorised to transfer to the Waterford Corporation the said thoroughfare known as Salvation Lane;

AND WHEREAS it was provided by section 35 (1) (b) of the Waterford Harbour Act, 1919 that the Waterford Harbour Commissioners should make a yearly contribution to the Waterford Corporation not exceeding £150 in any one year towards the cost of maintenance by the Corporation of the said south-eastern portion of the said wharf and it was further provided under subsection 2 thereof that if the amount of the said yearly contribution was not agreed that it should be fixed by arbitration in default of agreement;

AND WHEREAS the Waterford Harbour Commissioners and the Waterford Corporation have agreed that upon the passing of this Act the said yearly contribution under said section 35 should cease to be payable and that the Harbour Commissioners should be discharged from all obligation to pay any arrears of yearly contributions which then remain due;

AND WHEREAS Córas Iompair Éireann in the year 1947 erected a new wharf on portion of the said wharf or quay so authorised by section 4 of the said Waterford and Limerick Railway Act, 1878 and the Waterford Harbour Commissioners contributed a sum of £25,000 towards the cost of the said new wharf;

AND WHEREAS the said new wharf is now one of the main wharfs in the Port of Waterford for the loading and unloading of ships and free access thereto by the public at all times was provided under an Agreement made at the time between Córas Iompair Éireann and the Waterford Harbour Commissioners;

AND WHEREAS Córas Iompair Éireann have agreed to sell to the Waterford Harbour Commissioners the said new wharf with the equipment thereon for the sum of £22,000 and under the terms of the sale it was provided that certain rights over the said new wharf should be reserved for Córas Iompair Éireann in connection with the maintenance of its railway tracks on the said new wharf and the loading and discharge of wagons thereon and also in connection with the railway siding at the rere of the said new wharf and same are contained in the Agreement set forth in the Schedule to the Bill;

AND WHEREAS Córas Iompair Éireann have also agreed with the Waterford Harbour Commissioners in order to give more storage accommodation for the transfer by Córas Iompair Éireann to the Commissioners of a small portion of ground at the rere of the said south-eastern portion of the said wharf which said portion is not now required by Córas Iompair Éireann for the purpose of its undertaking;

AND WHEREAS the Waterford Harbour Commissioners have decided as soon as practicable after the passing of this Act to take down the said south-eastern portion of the said wharf and to erect a new wharf thereon and to bring out same in line with the adjoining new wharf and it was further agreed between the Waterford Harbour Commissioners and Córas Iompair Éireann that certain rights would be reserved in favour of Córas Iompair Éireann for the laying of railway tracks on the said wharf when erected and these rights are contained in the said agreement set forth in the Schedule to the Bill;

AND WHEREAS the acquisition by the Waterford Harbour Commissioners of said south-eastern portion of the said wharf, the new wharf, and the said portion of ground from Córas Iompair Éireann and the relief from the said yearly contribution is necessary and essential to the development and expansion of the Port of Waterford and to ensure the effective working thereof;

AND WHEREAS it is expedient that Córas Iompair Éireann and the Fishguard and Rosslare Railways and Harbours Companyshould be empowered to transfer the said properties to the Waterford Harbour Commissioners and the aforesaid thoroughfare known as Salvation Lane to the Waterford Corporation and that Córas Iompair Éireann and the Waterford Corporation should be relieved of their statutory obligations under section 7 of the Waterford and Limerick Railway Act, 1878 and that the said Agreement set forth in the Schedule to the Bill should be declared valid and carried into full force and effect;

AND WHEREAS the purposes of this Act cannot be effected without the authority of the Oireachtas:

BE IT THEREFORE ENACTED BY THE OIREACHTAS AS FOLLOWS:—