S.I. No. 90/1972:

CORK HARBOUR WORKS ORDER, 1972.

CORK HARBOUR WORKS ORDER, 1972.

I, BRIAN LENIHAN, Minister for Transport and Power, in exercise of the powers conferred on me 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 Cork Harbour Commissioners and after due compliance with section 136 of the said Act, hereby order as follows:--

1. This Order may be cited as the Cork Harbour Works Order, 1972.

2. In this Order--

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

"The Commissioners" means the Cork Harbour Commissioners;

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

"the plans" means the plans deposited by the Commissioners 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 Commissioners are hereby authorised to carry out and complete subject to paragraph (2) of this article the following works:--

"The construction in accordance with the plans of a rock and gravel fill embankment 4,500 ft. in length located on the foreshore at Dunkettle in the County of Cork and extending from 40 ft. east of the east abutment of Dunkettle railway bridge to a position opposite the railway level crossing at North Esk and extending outwards from the existing railway embankment, a distance varying from 1,160 ft. to 1,550 ft."

(2) In executing the works, the Commissioners may, with the consent in writing of the Minister, deviate laterally from the limits marked on the plans and may, with the like consent, deviate vertically from the levels of the works as shown on the plans.

4. The works shall be completed within a period of twenty years from the date on which this Order was made.

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

6. The Commissioners shall not be authorised by virtue of this Order to interfere with any works under the control of a local authority without having obtained the previous consent in writing of such local authority or of the Minister who, before giving such consent, shall consult with such local authority and consider any representations it shall make to him, and the Commissioners shall exercise their powers in respect of any such works to the reasonable satisfaction of such local authority.

7. The Commissioners shall not be authorised by virtue of this Order to interfere with any works under the control of any of the following bodies, that is to say, the Electricity Supply Board, Córas Iompair Éireann or the Cork Gas Consumers' Company, Limited, without having obtained the previous consent in writing of such body 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 and the Commissioners shall exercise their powers in respect of any such works to the reasonable satisfaction of such body.

8. (1) The Commissioners 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 they 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 their undertaking, provided 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.

(2) Subject to Article 7 of this Order, the Commissioners may also cause the subsoil under public or private roads, highways, streets and footpaths and any railways, 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 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 or conveniences connected therewith or for any of the purposes of their undertaking, provided that the Commissioners do previous to opening up or otherwise interfering with the same provide in lieu of such railways, 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 railways or sidings and 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 purpose 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, railways, 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.

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 Telegraphic 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 authorities of the Electricity Supply Board, Córas Iompair Éireann, or the Cork Gas Consumers' Company Limited.

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 Commissioners out of their funds.

GIVEN under my Official Seal this 27th day of March 1972.

BRIAN LENIHAN,

Minister for Transport and Power.

EXPLANATORY NOTE.

This Order authorises the Cork Harbour Commissioners to construct an embankment at Dunkettle, Co. Cork.