S.I. No. 229/1989 - Drogheda Harbour Works Order, 1989.

S.I. No. 229 of 1989.

DROGHEDA HARBOUR WORKS ORDER, 1989.

I, JOHN P. WILSON, Minister for the Marine, in exercise of the powers conferred on me by section 134 of the Harbours Act, 1946 (No. 9 of 1946), and the Communications (Transfer of Departmental Administration and Ministerial Functions) Order, 1987 ( S.I. No. 91 of 1987 ), on the application of Drogheda Harbour Commissioners and after due compliance with section 136 of the said Act, hereby order as follows:—

1. (1) This Order may be cited as the Drogheda Harbour Works Order, 1989.

(2) This Order shall come into operation on the 26th day of September, 1989.

2. In this Order—

"the Minister" means the Minister for the Marine;

"the Commissioners" means the Drogheda Harbour Commissioners;

"the drawings" means the drawings numbered C126/01 to C126/16, 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 the harbour of Drogheda:—

(i) the construction of a sheet-pile wall approximately 198 metres long to extend from a quay level of approximately 3.0 metres above Ordnance Datum (Malin) into the firm stratum below the silt and sand of the river bed along the section of quay between the Steampacket Quay and the pier of the Boyne (railway) Viaduct as indicated on Drawing No. C126/01, together with restoration of the quay surface;

(ii) the incorporation of a tie-back system for the sheet piles and the construction of an anchor beam which will be set back as far as is practicable from the face of the quay walls;

(iii) the incorporation of mooring bollards, crane rails and fendering;

(iv) laying of connections of sewerage and drainage to North Strand and other areas;

(v) the doing of all work necessary and ancillary to the above constructions including the provision of hydrants, telephone connections to quay and lighting.

(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 content, 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. (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 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.

(2) The Commissioners may also cause the subsoil under public or private roads, highways, streets and footpaths, 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 for 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 tunnels, streams, watercourses, sewers, drains, pipes, hydrants, gas mains, electric cables, wires or apparatus, good and sufficient means of passing and repassing and good and efficient means for conveying off the water and sewage from the adjoining or neighbouring lands and premises affected and sufficient alternative gas mains, 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, gas mains, 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, the Electricity Supply Board, Telecom Éireann, Coras Iompair Éireann, Iarnrod Éireann — Irish Rail or Drogheda Corporation, without having obtained the previous consent in writing of such bodies 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.

8. The Commissioners shall not be authorised by this Order to interfere with any works under the control of the Commissioners of Public Works in Ireland.

9. Subject as aforesaid 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 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, and the provisions of the Arbitration Act, 1954 (No. 26 of 1954), shall apply to an arbitration under this Article.

10. 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.

11. 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 authority of the Electricity Supply Board, Telecom Éireann, Córas Iompair Éireann, Iarnrod Éireann — Irish Rail or Drogheda Corporation.

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 13th day of September, 1989.

JOHN P. WILSON,

Minister for the Marine.

EXPLANATORY NOTE.

This Order authorises Drogheda Harbour Commissioners to reconstruct Ballast and Welshman's Quays, Drogheda Harbour, and to carry out associated ancillary works.