STATUTORY INSTRUMENT

S.I. No. 332 of 2001

DUBLIN DOCKLANDS DEVELOPMENT AUTHORITY ACT, 1997 (TRANSFER OF LAND) ORDER, 2001

Dublin

Published by the Stationery Office

S.I. No. 332 of 2001

DUBLIN DOCKLANDS DEVELOPMENT AUTHORITY ACT, 1997 (TRANSFER OF LAND) ORDER, 2001

The Minister for the Environment and Local Government, in exercise of the powers vested in him by Section 28 of the Dublin Docklands Development Authority Act, 1997 ( No. 7 of 1997 ), after consultation with Dublin Port Company and with the consent of the Minister for the Marine & Natural Resources and the Minister for Finance hereby orders as follows:-

1.       This Order may be cited as the Dublin Docklands Development Authority Act, 1997 (Transfer of Land) Order, 2001.

2.       This Order shall come into operation on the 16^th day of July, 2001.

3.       In this Order the “Quaysides” means the following area:

That part of the country borough of Dublin bounded by a line commencing at the southern quay wall of the River Liffey at a point (hereinafter in this description referred to as the “first mentioned point”) 62.54 metres east from where the northerly projection of a line drawn along the centre of Creighton Street intersects the said southern quay wall, then continuing in an easterly direction along the said quay wall for a distance of 201.4 metres, then continuing due south in a straight undefined line to the point where it intersects Sir John Rogerson's Quay, then continuing in a westerly direction along Sir John Rogerson's Quay for a distance of 201.4 metres, then continuing due north in a straight undefined line to the first mentioned point.

4.       In this Order, unless otherwise specified, any reference to a line drawn along a street or quay is a reference to a line drawn along the edge of the roadway nearest the River Liffey of such street or quay.

5.       All land howsoever vested in the Dublin Port Company in the Quaysides together with all rights, powers and privileges relating to or connected with such land is hereby transferred to the Dublin Docklands Development Authority to be held by the Authority for all the estate, rights, title and interest for which the same is held by Dublin Port Company provided however that in relation to the berthage and mooring of vessels between Matt Talbot Bridge and East Link Bridge the following shall apply:-

(a)      the Dublin Docklands Development Authority (the Authority) acknowledges that Dublin Port Company has a statutory obligation to provide berthage and mooring to sea-going vessels entering Dublin Port.

(b)      Dublin Port Company acknowledges that its right to moor vessels does not entitle Dublin Port Company nor the owners, occupiers and crew of the vessels the free and uninterrupted passage across the Quayside to the public road or to any rights of passage or otherwise over the Quayside other than in accordance with the provisions of Clause (c) below.

(c)      The Authority undertakes that subject to prior notice from Dublin Port Company of its intention to moor a sea-going vessel along the Quayside, the Authority will, by way of licence, subject to reasonable terms and conditions which the Authority imposes grant access to and from the vessel across the Quayside to the public road, provided such consent will not be required to be given for any period extending beyond 14 days except in exceptional circumstances.

(d)      Dublin Port Company undertakes that in the event of moored vessels causing damage to the quay walls or quayside fittings, that Dublin Port Company will make good such damage.

(e)      Dublin Port Company undertakes to the Authority that in exercising its rights to moor vessels it will not seek to moor vessels for a period in excess of 14 days, except in exceptional circumstances and where such circumstances are explained and acceptable to the Authority. For the avoidance of doubt Dublin Port Company undertakes not to seek to work, dismantle or lay up vessels moored along the Quayside.

(f)      Dublin Port Company acknowledge and undertake that the right to moor vessels does not extend to vessels, the purpose of which is to provide retail or entertainment facilities to the public, including the provision of ferry services along the river or pleasure trips in Dublin Bay or the Irish Sea.

6.       The land to which this Order relates shall on coming into operation of the Order cease to be within both limits of the Harbour of Dublin and the limits of the Port of Dublin within the meaning of Section 2 of the Dublin Port and Docks Act, 1869, or the Harbours Act, 1996 as the case may be.

The Minister for the Marine and Natural Resources hereby consents to this Order.

The Minister for Finance hereby consents to this Order.

Explanatory Note

(This note is not part of the Instrument and does not purport to be a legal interpretation).

This Order transfers ownership of certain lands along Sir John Rogerson's Quay in the Dublin Docklands Area from Dublin Port Company to Dublin Docklands Development Authority.