S.I. No. 48/1952 - Cork Harbour Works Order, 1952.

S.I. No. 48 of 1952.

CORK 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 Cork Harbour Commissioners, hereby order as follows:—

1. This Order may be cited as the Cork 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 Cork Harbour Commissioners;

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

the expression "the plans, sections and specification" means 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) Subject as hereinafter provided the Commissioners are hereby authorised to carry out and complete the following works, that is to say:—

(a) the rebuilding in accordance with the plans, sections and specification in ferro-concrete and sheet piling of approximately 172 feet of Albert Quay Wall on its present line and of approximately 172 feet of Albert Quay Wharf 4 feet riverwards of its present line and of approximately 1,184 feet of Victoria Quay Wall and of approximately 1,184 feet of the wharf at Victoria Quay known as the South Jetties both on their present lines, all to give a berth depth of 30 feet below low water of ordinary spring tides (0·57 feet ordnance datum);

(b) the removal and relaying as far as necessary of the roads, tunnels, electrical cables, railways, sidings, sewers, drains, pipes, hydrants, wires or apparatus at the said quays for the purpose of carrying out the works mentioned in paragraph (a) and for the more efficient working of the port;

(c) the provision on such rebuilt and extended quays of such cranes, crane tracks, cargo handling equipment, railway lines, switches, crossings, lights, power plugs, electric cables, wires and mooring 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;

(d) the laying of a railway across the roadway at the eastern end of Victoria Quay so as to connect the railway provided on such rebuilt and extended quays with the existing railway on the said Victoria Quay and running from the said Victoria Quay to the South Deep Water Quay;

(e) the temporary construction during the progress of the aforementioned works on the lines and according to the levels shown on the plans, and the subsequent removal of a railway loop line approximately 415 feet long, commencing at a point approximately 130 feet westwards from the junction of Albert Quay with Victoria Quay and thence proceeding by way of Albert Quay and Victoria Quay to join the existing southern siding at Victoria Quay, the upper surface of the rails to be level with the surface of the carriage way.

(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 ten years from the commencement of this Order.

5.—(1) The Commissioners may cause any 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 and 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, so 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 are accustomed to serve.

(2) 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 so that the Commissioners do previous to opening up or otherwise interfering with same provide in lieu of such railways, sidings, tunnels, streams, watercourses, sewers, drains, pipes, hydrants, gas mains, electric cables, wire 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 purposes 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

6. Before interfering under this Order with any 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.

7. The Commissioners shall not be authorised by virtue of this Order to interfere with any work 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 without having obtained the previous consent in writing of such body or of the Minister who, before giving such consent, shall consult such body and consider any representations which such body shall make to him.

8. Subject as aforesaid, 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 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, or, in the event of disagreement, by the President for the time being of the Institute of Civil Engineers of Ireland and shall be deemed to have been so referred in pursuance of a submission by deed executed by the parties.

9. 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.

10.—(1) With regard to the removal of the railway along the existing quay (hereinafter referred to as " the old railway ") and the provision and maintenance of the railways to be provided under this Order (hereinafter referred to as " the new railway ") the following provisions shall have effect, that is to say :—

(a) the old railway shall be removed and the new railway shall be constructed and, with the surface of the quay on which it shall be laid, maintained by the Commissioners ;

(b) the materials removed from the old railway shall remain the property of Córas Iompair Éireann ;

(c) subject to the above provisions all the cost of removing the old railway and providing and maintaining the new railway and the surface of the quays on which the new railway shall be laid shall be borne by the Commissioners ;

(d) the Commissioners shall at their own cost restore the surface of the roadway on which the old railway is at present laid and shall thereafter be responsible for the maintenance of the surface thereof as part of a public road.

(2) The Cork City Railways Act, 1906, shall apply to the new railway in the same manner as it applies to the old railway and shall have effect subject to the provisions of this Article.

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 Córas Iompair Éireann.

12. 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 Cork Gas Consumers' Company.

13. 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 23rd day of February, 1952.

(Signed) SEÁN F. LEMASS,

Minister for Industry and Commerce.