S.I. No. 26/1966 - Foynes Harbour Works Order, 1966.

S.I. No. 26 of 1966.

FOYNES HARBOUR WORKS ORDER, 1966.

I, ERSKINE H. CHILDERS, Minister for Transport and Power, in exercise of the powers conferred on me by section 134 of the Harbours Act, 1946 (No. 9 of 1946), and the Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order, 1959 ( S.I. No. 125 of 1959 ), and on the application of the Foynes Harbour Trustees, hereby order as follows:—

1. This Order may be cited as the Foynes Harbour Works Order, 1966.

2. In this Order—

"the Minister" means the Minister for Transport and Power;

"the Trustees" means the Foynes Harbour Trustees;

"local authority" has the same meaning as in section 2 of the Local Government Act, 1941 (No. 23 of 1941);

"the plans" and "sections" mean respectively the plans and sections deposited by the Trustees with the Minister in connection with their application for this Order;

"the works" means the works authorised by this Order.

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

(a) the construction within the limits of the Trustees' jurisdiction in the River Shannon of a new jetty approximately 460 lineal feet long by 60 lineal feet wide to give a minimum depth of 31 feet of water below L.W.O.S.T. at the outer berth, approximately 430 lineal yards upstream of the existing jetty, and of an approach viaduct approximately 270 lineal feet long by 33 lineal feet wide leading to the jetty from an existing embankment in reinforced concrete and steel;

(b) the installation of electric lighting along the roads from the existing harbour and along the viaduct to and on the jetty, together with the provision of electric power on the jetty and of a water supply from the County Council main in the main street of Foynes to the jetty;

(c) the construction of offices for the Harbour Master and Customs, and a shelter and public convenience on the jetty, with electric light and water services;

(d) the provision of fenders, bollards, power outlets, fire-fighting and life-saving equipment and such mooring appliances as may be necessary for dealing adequately with traffic at the jetty;

(e) the construction of a fire-fighting main with appropriate hydrants from the existing reservoir outlet at the west end of Foynes village into the existing harbour area and thence east along the sea wall to the new jetty site, with branches to the existing pier and out to the new jetty.

(2) In executing the works the Trustees 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 the works as shown on the sections.

4. The works shall be completed within five years from the commencement of this Order.

5.—(1) The Trustees may cause any public or private roads, highways, streets, footpaths, streams, water-courses, railway sidings, sewers, drains, pipes, electric and telephone or other wires and cables 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 Trustees 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 ; provided that the Trustees do, previously to stopping up or otherwise interfering with the same, make and provide in lieu of such roads, highways, streets, footpaths, streams, water-courses, railway sidings, sewers, drains, pipes, electric and telephone or other wires and cables 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, streams, water-courses, railway sidings, sewers, drains, pipes, electric and telephone or other wires and cables, 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 or other authority the Trustees shall give three weeks' previous notice in writing to such local or other authority of the nature of their intended interference, and the Trustees shall exercise their powers in respect of any suchworks to the reasonable satisfaction of such local or other authority, and the Trustees 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 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 Trustees and any person or body aggrieved by anything done or omitted to be done by the Trustees 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 Trustees out of their funds.

GIVEN under my Official Seal, this 4th day of February, 1966.

ERSKINE H. CHILDERS,

Minister for Transport and Power.

EXPLANATORY NOTE

The effect of this Order is to authorise the Foynes Harbour Trustees to construct a new deep water jetty and certain ancillary facilities at Foynes Harbour.