S.I. No. 198/1956 - Cork Harbour Works Order, 1956.

S.I. No. 198 of 1956.

CORK HARBOUR WORKS ORDER, 1956.

I, WILLIAM NORTON, 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, 1956.

2. In this Order—

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

" the Commissioners " means the Cork Harbour Commissioners ;

" local authority " means a local authority for the purposes of the Local Government Act, 1941 (No. 23 of 1941) ;

" the plans ", " sections " and " specification " mean, respectively, the plans, sections and specification 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 the following works, that is to say :—

(a) the removal of approximately 835 feet of Penrose Quay wall immediately east of the Fishguard Wharf (including 213 feet of timber jetty) and the removal of approximately 350 feet of the North Deep Water Quay wall immediately east of Penrose Quay in the City of Cork ;

(b) the construction in accordance with the plans, sections and specification in ferro-concrete and sheet piling of a new wall 645 feet long and varying from 6 feet to 16 feet riverwards of the existing wall and of a wharf whose front line will be 12½ feet riverwards of the new wall, all to give a berth depth of 30 feet below low water ordinary spring tides (0·57 feet Ordnance Datum) ;

(c) the construction in accordance with the plans, sections and specification in ferro-concrete and sheet piling of a relieving platform quay wall approximately 480 feet long parallel to but 40 feet landward of the existing North Deep Water Quay and the construction at its western and eastern ends of similar walls 46 feet long at the western end and 40 feet long at the eastern end to connect it to the new work at Penrose Quay describedin subparagraph (b) of this paragraph and to the existing North Deep Water Quay Wall, all to give a berth depth of 30 feet below low water ordinary spring tides (0·57 feet Ordnance Datum) ;

(d) the removal and relaying as far as necessary of the roads, footpaths, electrical cables, sewers, drains, pipes, hydrants, public conveniences, sheds, wires or apparatus for the purpose of carrying out the works mentioned in subparagraphs (a), (b) and (c) of this paragraph and for the more efficient working of the Port.

(e) 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 ;

(f) the construction of railway lines and sidings on such rebuilt and extended quays to connect with the sidings inside the premises of Córas Iompair Éireann and the laying for that purpose of railway lines across the public road near the junction of the two works mentioned in subparagraphs (b) and (c) of paragraph (1) of this Article to connect the railway provided on such rebuilt and extended quays with the sidings inside the premises of Córas Iompair Éireann.

(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.

(3) When the railway lines and sidings referred to in subparagraph (f) of paragraph (1) of this Article have been constructed the control and maintenance thereof shall be handed over to Córas Iompair Éireann.

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 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 except in so far as may be necessary to ensure that vehicular traffic will have continuous accessto the goods yard of Córas Iompair Éireann, 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 or footpaths, and any railways, sidings, tunnels, streams, watercourses, sewers, drains, pipes, hydrants, gas mains, electric cables, wires or 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, 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 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.

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 anythingdone 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 Institution 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 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.

10. 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 or authority of Córas Iompair Éireann, the Electricity Supply Board or the Cork Gas Consumers' Company.

11. 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 13th day of July, 1956.

(Signed) WILLIAM NORTON,

Minister for Industry and Commerce.

EXPLANATORY NOTE.

This instrument authorises the Cork Harbour Commissioners to carry out and complete certain re-construction works at the North Quays, Cork Harbour.