S.I. No. 177/1968 - Cork Harbour Works Order, 1968.

S.I. No. 177 of 1968.

CORK HARBOUR WORKS ORDER, 1968.

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 ), on the application of the Cork Harbour Commissioners and after due compliance with section 136 of the said Act, hereby order as follows:—

1. This Order may be cited as the Cork Harbour Works Order, 1968.

2. In this Order—

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

"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 plans" means the plans 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 subject to paragraph (2) of this article the following works : —

(a) the construction in accordance with the plans in steel sheet piling, reinforced concrete and gravel filling of a new wharf 1,273 ft. in length and varying from 275 ft. to 225 ft. river-wards of the existing embankment at Tivoli in the City of Cork to give berth depths varying between 19 ft. and 30 ft. below low water ordinary spring tides (+0.57 ft. Ordnance Datum),

(b) the construction in accordance with the plans in steel box piles and reinforced concrete of four dolphins, the construction in two sections of a bridge complete with two bollard clusters, the construction in two sections of a bridge complete with one bollard cluster, the construction of a livestock approach walkway connecting the middle dolphins to the shore, extending immediately eastwards of the new wharf as described in sub-paragraph (a) of this paragraph, all dolphins, bridges and bollard clusters to give a berth depth of 21 ft. below low water ordinary spring tides,

(c) the construction and erection in steel in accordance with the plans of a lifting-bridge and the provision of electrically-powered equipment for the operation of the bridge, the said bridge and equipment to be sited westwards along the new wharf at Tivoli as described in sub-paragraph (a) of this paragraph,

(d) the provision on such new wharf as described in sub-paragraph (a) of this paragraph of a container crane, three electric dockside cranes, crane tracks, cargo handling equipment, railway lines, switches, crossings, lights, power plugs, electric cables, water mains, mooring and other appliances as may be necessary for dealing adequately with traffic at the wharf, such crane tracks, railway lines, switches and crossings to be so placed and laid that the upper surfaces thereof shall be level with the finished surface of the new wharf,

(e) the construction in accordance with the plans of a passenger terminal building northwards of the eastern end of the new wharf as described in sub-paragraph (a) of this paragraph, and the construction of a passenger gangway to connect the passenger building to the faceline of the wharf,

(f) the construction in accordance with the plans of a Customs Car Examination Building and Compound to the north of the passenger building as described in sub-paragraph (e) of this paragraph,

(g) the construction in accordance with the plans of a livestock approach gangway connecting the public lairage area at Tivoli to the approach walkway as described in sub-paragraph (b) of this paragraph,

(h) the construction in accordance with the plans of a public lairage covering an area of approximately 2 acres and situated at the northern end of the livestock approach gangway as described in sub-paragraph (g) of this paragraph,

(i) the provision of temporary access between the Tivoli Estate and the public road adjoining it in accordance with plans to be agreed between the Cork Harbour Commissioners, the Road Authority or Road Authorities concerned and Córas Iompair Éireann,

(j) the construction in accordance with the plans of all necessary drainage, roadways and footpaths all situated within the Tivoli Estate in the City of Cork,

(k) the provision in accordance with the plans of a system of lighting for the roadways, wharf and ferry terminal as described in this paragraph,

(l) the construction in accordance with the plans of a canteen, toilets, offices and stores, all to be situated north-west of the wharf as described in sub-paragraph (a) of this paragraph,

(m) the construction in accordance with the plans of a jetty head, two dolphins, and cat-walk offshore of the existing oil wharf at Tivoli in the City of Cork,

(n) the construction in accordance with the plans of a transit shed on the wharf as described in sub-paragraph (a) of this paragraph,

(o) the construction in accordance with the plans of a warehouse on the wharf as described in sub-paragraph (a) of this paragraph,

(p) the construction in accordance with the plans of a closing section to the existing embankment at Tivoli in the City of Cork,

(q) the construction in accordance with the plans of an embankment and cross embankment in order to enclose an area of foreshore which will form a new reclamation area,

(r) the carrying out of borings, hydrographic surveys and trial dredgings in Cork Harbour,

(s) the construction in accordance with the plans of paving to the surface of Hargreaves Wharf in the City of Cork and the carrying out of re-alignment of trackwork and all necessary protection works for turntables, and

( t ) the construction in accordance with the plans of a Port Operation and Information Station at Bishop Roche Park, Cobh.

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

(3) The works shall be completed within a period of ten years from the date on which this Order was made.

4. In cases 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, and shall be deemed to have been so referred in pursuance of a submission by deed executed by the parties.

5. The Commissioners shall not be authorised by virtue of this Order to interfere with any works under the control of a local authority without having obtained the previous consent in writing of such local authority or of the Minister who, before giving such consent, shall consult with such local authority and consider any representations it shall make to him, and the Commissioners shall exercise their powers in respect of any such works to the reasonable satisfaction of such local authority.

6. 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 City of Cork Gas Company without having obtained the previous consent in writing of such body or of the Minister who, before giving such consent, shall consult with such body and consider any representations which such body shall make to him.

7. (1) The Commissioners may cause such 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, provided 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.

(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, provided that the Commissioners do previous to opening up or otherwise interfering with the 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 purpose 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.

8. Nothing in this Order shall affect any right of the State to or over foreshore or any lands which have at any time been foreshore.

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 and authorities of the Electricity Supply Board, Córas Iompair Éireann or the City of Cork Gas 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 20th day of August, 1968.

ERSKINE H. CHILDERS,

Minister for Transport and Power.

EXPLANATORY NOTE.

The effect of this Order is to authorise the Cork Harbour Commissioners to undertake and carry out port improvement works at Tivoli and other specified areas of Cork Harbour.