S.I. No. 44/1952:

ARKLOW HARBOUR WORKS ORDER, 1952.

ARKLOW HARBOUR WORKS ORDER, 1952.

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 (No. 9 of 1946), and on the application of the Arklow Harbour Commissioners, hereby order as follows:--

1. This Order may be cited as the Arklow Harbour Works Order, 1952.

2. In this Order--

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

the expression "the Commissioners" means the Arklow Harbour Commissioners;

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

the expression "the plan and specification" means the plan and specification deposited by the Commissioners with the Minister in connection with their application for this Order;

the expression "the works" means the works authorised by this Order.

3. The Commissioners are hereby authorised to carry out and complete in accordance with the plan and specification the following work, that is to say:--The construction of a groyne, consisting of reinforced concrete piles and reinforced concrete slabs, not less than 350 feet long running at 27° South of East, commencing at a point 510 feet from the East wall of the main building of the premises of the Arklow Pottery Co., Limited, and 1,104 feet from the Southern side of the end of the South pier.

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

5.--(1) The Commissioners may cause any public or private roads, highways, streets, footpaths, tunnels, streams, water-courses, railway-sidings, sewers, drains, pipes, wires and apparatus as shall be in or near the intended situation of the work to be opened, stopped up, broken up, crossed, altered, extended, diverted or otherwise interfered with (whether temporarily or permanently), as the Commissioners shall think necessary or convenient for making and completing 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, previously to stopping up or otherwise interfering with the same, make and provide in lieu of such roads, highways, streets, footpaths, tunnels, streams, water-courses, railway sidings, sewers, drains, pipes, wires or apparatus, good and sufficient means of passing and repassing or conducting traffic by roads, paths, highways, streets, or railway sidings, and good and sufficient means for conveying off the water and sewage from the adjoining or neighbouring lands and premises affected and good and sufficient alternative wires and other apparatus for such purposes as the wires and apparatus so to be altered or interfered with are accustomed to serve, as convenient in all respects as the public and private roads, highways, streets, footpaths, tunnels, streams, water-courses, railway sidings, sewers, drains, pipes, wires and apparatus so to be opened, stopped up, broken up, crossed, altered, extended, diverted or otherwise interfered with as aforesaid, but before interfering with any public works under the control of a local authority the Commissioners shall give three weeks' 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 work to the reasonable satisfaction of such local authority and the Commissioners shall not be authorised by virtue of this Article to interfere with any work under the control of the Electricity Supply Board without having obtained the previous consent in writing of the Minister, who before giving any such consent shall consult with and consider any representation which the Electricity Supply Board may make to him.

(2) 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 Article 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.

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 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.

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 Commissioners out of their funds.

GIVEN under my Official Seal this 21st day of February, 1952.

(Signed) SEÁN F. LEMASS,

Minister for Industry and Commerce.