S.I. No. 255/1956 - Wicklow Harbour Works Order, 1956.

S.I. No. 255 of 1956.

WICKLOW 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 Wicklow Harbour Commissioners, hereby order as follows :—

1. This Order may be cited as the Wicklow Harbour Works Order, 1956.

2. In this Order—

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

the expression " the Commissioners " means the Wicklow Harbour Commissioners ;

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

the expression " the drawing " means the drawing 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. The Commissioners are hereby authorised to carry out and complete the following works in accordance with the drawing, that is to say:—

(1) Reconstruction and widening by an amount varying from 15 feet approximately at the downstream end to 18 feet approximately at the upstream end of about 264 feet of the North Quay immediately upstream of the Packet Quay and adjoining the fertiliser factory and deepening to 8 feet M.L.W.S.

(2) Protection of 85 feet of the seaward face of the Packet Quay.

(3) Miscellaneous repairs and renewals on the inner face of the Packet Quay.

(4) Reconstruction of about 91 feet of the North Quay approximately 800 feet downstream from the Bri ge and immediately abreast of reconstruction work at South Quay.

(5) Miscellaneous minor repairs to the quay walls.

4. The works shall be completed within three years from the making of this Order.

5.—(i) The Commissioners may cause any public or private roads, highways, streets, footpaths, tunnels, streams, watercourses, 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 operation 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, watercourses, 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 purpose 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, watercourses, railway sidings, sewers, drains, pipes, wires and apparatus so to be opened, stopped up 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 before giving any such consent shall consult with and consider any representation which the Electricity Supply Board may make to him.

(ii) 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 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.

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 27th day of September, 1956.

(Signed) WILLIAM NORTON,

Minister for Industry and Commerce.

EXPLANATORY NOTE.

This instrument authorises the Wicklow Harbour Commissioners to carry out and complete certain reconstruction and repair works at Wicklow Harbour.