S.I. No. 192/1953:

WEXFORD HARBOUR WORKS ORDER, 1953.

WEXFORD HARBOUR WORKS ORDER, 1953.

I, SEAN F. LEMASS, 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 Wexford Harbour Commissioners, hereby order as follows :--

1. This Order may be cited as the Wexford Harbour Works Order, 1953.

2. In this Order :--

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

the expression " the Commissioners " means the Wexford Harbour Commissioners ;

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

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

3. Subject as hereinafter provided, the Commissioners are hereby authorised to carry out and complete the following works :--

(a) to build a wall or dyke of broken rock, rubble, stone or other suitable and approved material, with a top width of three feet, and side slopes of one and one quarter horizontally to one vertically, the level of the top of the wall being not higher than two feet over the level of high water of ordinary spring tides ; the wall to commence at a point 750 feet from the northern extremity of the existing training wall known as the North Breakwater, and to be continued in a north-easterly direction for a distance of 550 feet or thereabouts, and then continuing in a north by north-easterly direction for a distance of 700 feet, terminating at a distance of 250 feet or thereabouts from the high ground known as the Ferry Bank South ;

(b) to deposit spoil resulting from the dredging of the Channel in Wexford Harbour into an area bounded on the west by the training wall known as the North Breakwater, bounded on the north by an existing retaining wall and the high ground known as the Ferry Bank South and bounded on the east and south by the rubble wall to be constructed under this Order and referred to hereinbefore ;

(c) to lay down clean sand to be obtained from the Wexford Harbour during the course of the dredging referred to hereinbefore, to form a beach or low bund between the termination of the rubble wall referred to hereinbefore and the high ground known as the Ferry Bank South.

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

5. The Commissioners, their officers, servants, agents and contractors, are authorised to enter all or any of the lands referred to in Article 3 with all necessary machinery, tools, plants or other appliances.

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

7. For the purposes of the works the Commissioners are authorised to remove, alter, or otherwise interfere with any embankment, ditch, fence or wall, and to stop up, divert or otherwise interfere with any right of way or other right, subject to the provisions of this Order.

8.--(1) The Commissioners may cause any 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 and 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, so 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 are accustomed to serve.

(2) The Commissioners may also cause the subsoil under public or private roads, highways, streets and footpaths and any 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, so that the Commissioners do previous to opening up or otherwise interfering with same provide in lieu of such streams, watercourses, sewers, drains, pipes, hydrants, electric cables, wires or apparatus 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 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 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.

9. Before interfering under this Order with any 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 interferences and the Commissioners shall exercise their powers in respect of any such works to the reasonable satisfaction of such local authority.

10. The Commissioners shall not be authorised by virtue of this Order to interfere with any work under the control of the Electricity Supply Board without having obtained the previous consent in writing of the Board or of the Minister who, before giving such consent, shall consult the Board and consider any representations which the Board may make to him.

11. 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 Institute of Civil Engineers of Ireland and shall be deemed to have been so referred in pursuance of a submission by deed executed by the parties.

12. 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.

13. 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 Telegrapsh as defined by the Telegraph Acts, 1863 to 1928, 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.

14. All costs, charges, fees and expenses of, or incidental to, the preparing and obtaining of this Order or otherwise incurred in relation thereto shall be paid by the Commissioners out of their funds.

GIVEN under my Official Seal this 6th day of June, 1953.

(Signed) SEAN F. LEMASS,

Minister for Industry and Commerce.