S.I. No. 42/1989:

GALWAY HARBOUR WORKS (CONSTRUCTION OF BRIDGE, ACCESS ROAD AND DISTRIBUTION ROAD) ORDER, 1989.

GALWAY HARBOUR WORKS (CONSTRUCTION OF BRIDGE, ACCESS ROAD AND DISTRIBUTION ROAD) ORDER, 1989.

I, BRENDAN DALY, 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 Galway 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 Galway Harbour Works (Construction of Bridge, Access Road and Distribution Road) Order, 1989.

(2) This Order shall come into operation on the 23rd day of March, 1989.

2. In this Order--

"the Minister" means the Minister for the Marine;

"the Commissioners" means Galway Harbour Commissioners;

"the drawings" means the drawings numbered 51018/015/2 and 51018/015/3 deposited by the Commissioners with the Minister in connection with their application for this Order;

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

"Galway Corporation" means the Mayor, Aldermen and Burgesses of the County Borough of Galway.

3. The Commissioners are hereby authorised to carry out and complete in accordance with the drawings the following works in Galway Harbour, that is to say:

( a ) the construction of an access road and a bridge to link the existing harbour property with the 40 acre site purchased on the 31st day of August, 1987, from Bord Iascaigh Mhara;

( b ) the construction on the said site of a distribution road and site services; and

( c ) the filling of the said site to bring it above flood levels.

4. The works specified in paragraphs (a) and (b) of Article 3 of this Order shall be completed within a period of two years, and those specified in paragraph (c) of the said Article shall be completed within a period of ten years, from the commencement 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. 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 convenience connected therewith or for any of the purposes of its undertaking, provided that the Commissioners prior 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.

7. The Commissioners may also cause the subsoil under public or private roads, highways, streets and footpaths and any railway-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 prior 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 railway-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 sufficient alternative gas mains, 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 tunnels, streams, watercourses, railway-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. 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, Telecom Éireann, the Electricity Supply Board, Córas Iompair Éireann, Iarnród Éireann-Irish Rail, or Galway Corporation, 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.

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 its powers under this Order every such dispute or difference shall be referred, with full power toward 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 Telecom Éireann, the Electricity Supply Board, Córas lompair Éireann, Iarnród Éireann-Irish Rail or Galway 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 9th day of March, 1989.

BRENDAN DALY,

Minister for the Marine.

EXPLANATORY NOTE.

This Order authorises Galway Harbour Commissioners to construct a bridge and an access road to link the existing port area with a site at Lough Atalia, to construct a distribution road and site services and to fill the site to bring it above flood levels.