S.I. No. 352/1978 - Cork Harbour Works Order, 1978.

S.I. No. 352 of 1978.

CORK HARBOUR WORKS ORDER, 1978.

I, PÁDRAIG FAULKNER, Minister for Tourism and Transport, in exercise of the powers conferred on me by section 134 of the Harbours Act, 1946 (No. 9 of 1946), the Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order, 1959 ( S.I. No. 125 of 1959 ), and the Transport and Power (Alteration of Name of Department and Title of Minister) Order, 1977 ( S.I. No. 305 of 1977 ), 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, 1978.

2. In this Order:—

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

"the Commissioners" means the Cork Harbour Commissioners;

"the drawings" means the drawings deposited by the Commissioners with the Minister in connection with their application for this Order;

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

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

3. (1) The Commissioners are hereby authorised to carry out and complete in accordance with the drawings and subject to paragraph (2) of this article the following works in Cork Harbour:—

( a ) the construction on the foreshore at Ringaskiddy in the County of Cork, of an embankment 2,477 metres in length, in two sections as follows:— the first section extending from the base of Ballybricken Hard in a direction 107° true for 214 metres, the second section extending from opposite Old Shanbally Road junction in an easterly direction for 128 metres and then in a direction 34° true for 165 metres and then in a direction 313° true for 103 metres and then in a direction 348° true for 351 metres and then in a direction 49° true for 131 metres and then in a direction 120° true for 430 metres to the centre of the approach to Ringaskiddy Pier from whence it extends in an easterly direction for 955 metres to the most westerly part of Paddy's Point; as shown coloured brown on the drawings;

( b ) the construction of a deepwater wharf 213 metres in length joining the two sections of embankment referred to at sub-paragraph (a) of this paragraph, as indicated coloured yellow on the drawings;

( c ) the placing of fill behind both sections of the embankment and the placing of fill behind the deepwater wharf hereinbefore mentioned, back to the shoreline to form reclaimed areas which areas are coloured blue on the drawings;

( d ) the laying of necessary breasting and mooring dolphins, bridge ramp, approach pier and fendering for a ferry terminal immediately south west of Ringaskiddy Island as indicated coloured green on the drawings;

( e ) the construction of an open rock training embankment 580 metres in length running in a north easterly direction from a point approximately 180 metres westwards of the base of Pfizer Jetty as indicated coloured red on the drawings.

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

4. The works shall be completed within a period of 10 years from the making of this Order.

5. The Commissioners shall take such steps (if any) as may be necessary in the course of the works for the protection of the public.

6. (i) 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 the operations and conveniences connected therewith, or for any of the purposes of their undertakings, 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, and that, on the completion of the works, the Commissioners do restore, to the satisfaction of the road authority (within the meaning of the Local Government Act, 1946 (No. 24 of 1946)), any road, highway, street or footpath opened up, broken up, stopped up or otherwise interfered with under this Order.

(ii) The Commissioners may also cause the subsoil under public or private roads, highways, streets and footpaths and any tunnels, streams, watercourses, sewers, drains, pipes, hydrants, 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 make, in consultation with the road authority (within the meaning of the Local Government Act, 1946 ), all necessary arrangements to ensure the safety and stability of any road, highway, street, or footpath the subsoil under which is opened up, broken up, crossed, altered, extended, diverted or otherwise interfered with under this Order and provide in lieu of such tunnels, streams, watercourses, sewers, drains, pipes, hydrants, electric cables, wires or apparatus, good and efficient means for conveying off the water and sewage from the adjoining or neighbouring lands and premises affected and sufficient alternative electric cables, wires and 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, sewers, drains, pipes, hydrants, electric cables, wires and apparatus to be opened up, broken up, crossed, altered, extended, diverted or otherwise interfered with as aforesaid.

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, a local authority or the Electricity Supply Board, 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 and the Commissioners shall exercise their powers in respect of any such works to the reasonable satisfaction of such body.

8. Subject as aforesaid in the 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 Institution of 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 affect any right of the State to or over foreshore or any lands which have at any time been foreshore.

10. Nothing in this Order shall authorise any interference except by consent of the Minister for Posts and Telegraphs with any telegraphic lines at the Minister for Posts and Telegraphs as defined by the Telegraphic 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.

11. Save as in this Order otherwise expressly provided, nothing contained in this Order shall take away, lessen, prejudice, alter or affect any of the duties, rights, privileges, property, power and authority of the Electricity Supply Board or Cork County Council.

12. 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 15th day of December, 1978.

PÁDRAIG FAULKNER,

Minister for Tourism andTransport.

EXPLANATORY NOTE.

This Order authorises the Cork Harbour Commissioners to reclaim about 62.5 hectares of foreshore, and to construct a deepwater wharf, a car ferry terminal and a training embankment at Ringaskiddy, County Cork.