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Saving rights of the Great Southern Railways Company.
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52.—(1) Notwithstanding anything contained in this Act or in the deposited plans relating thereto the foundation of the north pier of the reconstructed Butt Bridge shall not approach the north pier of the Railway Bridge nearer than the foundation of the north pier of the existing Butt Bridge.
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(2) Subject to the provisions of section 12, sub-section (2) of the Dublin, Wicklow and Wexford Railway (City of Dublin Junction Railways) Act 1884 Butt Bridge shall be so reconstructed and any temporary works necessary for its construction shall be so designed and executed as not to lessen or interfere with the stability or security of the Railway Bridge.
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(3) Should it be proposed to carry any portion of Butt Bridge or any part of the temporary works requisite for the construction thereof to a greater depth than 31 feet below the level of high water which level is to be taken as being 14.43 feet over Ordnance Datum the Board shall give to the Great Southern Railways Company (hereinafter in this section called “the Railways Company”) seven days Notice of their intention to carry out such works and shall forward therewith plans and sections shewing the proposed works in relation to the said pier of the Railway Bridge.
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(4) If the Railways Company consider that the execution of the works (including the process of removing of any temporary works) in the manner proposed is likely to lessen or interfere with the stability or security of the Railway Bridge the Railways Company may by Notice in writing to be sent before the expiration of the said period of seven days notify the Board of their disapproval and the ground thereof.
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(5) The Engineer of the Board and the Engineer of the Railways Company shall then endeavour to settle the questions so in dispute by agreement and failing such agreement the said questions or such of them as may be still in dispute shall be settled by the arbitration of an arbitrator to be nominated by the President of the Institution of Civil Engineers in Ireland whose decision shall be final. The costs of such arbitration and of the award shall be in the discretion of the arbitrator.
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(6) The Engineer of the Railways Company or any person appointed by him for that purpose shall at all reasonable times have free access to the works for the purpose of satisfying himself that the works are being carried out in accordance with the plans and methods agreed upon or directed by the arbitrator as the case may be.
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