S.I. No. 111/1948 - Cork Harbour Works Order, 1948.

S.I. No. 111 of 1948.

CORK HARBOUR WORKS ORDER, 1948.

I, DANIEL MORRISSEY, 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 Cork Harbour Commissioners, hereby order as follows :—

1. This Order may be cited as the Cork Harbour Works Order, 1948.

2. In this Order—

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

the expression " the Commissioners " means the Cork Harbour Commissioners ;

the expression " local authority " has the same meaning as it has in Section 1 of the Local Government Act, 1925 (No. 5 of 1925) ;

the expressions " the plans," " sections " and " specification " mean the plans, sections 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.—(1) The Commissioners are hereby authorised to carry out and complete, in accordance with the plans, sections and specification and subject to paragraph (2) of this Article, the following works, that is to say :—

(a) the rebuilding in anchored steel sheet piling and reinforced concrete of approximately 262 lineal feet of Anderson's Quay including the offset wall at its western end, and approximately 614 lineal feet of the North Custom House Quay including part of the return wall at its eastern end, and the extending of the faces of the quay walls for a distance of approximately five feet further into the River Lee to give a depth of 25 feet of water below L.W.O.S.T. as well as the removal and relaying of the roadways and footpaths, sewers, drains, gas and water and electric mains, railway sidings, at the said quays for the purpose of placing the anchorages underneath them :

(b) the provision on such rebuilt and extended quays of such cranes, crane tracks, railway lines, switches, crossings, lights, power plugs and cargo handling equipment andmooring appliances as may be necessary for dealing adequately with traffic at the quays, such crane tracks, railway lines, switches and crossings being so placed and laid that the upper surfaces thereof shall be level with the finished surface of the reconstructed and extended quays.

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

4. The works shall be completed within five 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 works 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, 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 works to the reasonable satisfaction of such local authority and the Commissioners shall not be authorised by virtue of this Article to interfere with any works under the control of the Electricity Supply Board without having obtained the previous consent in writing of the Minister, who beforegiving any such consent shall consult the Electricity Supply Board and consider any representations which that 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 25th day of March 1948.

(Signed) DANIEL MORRISSEY,

Minister for Industry and Commerce.