S.I. No. 300/1948:

TRALEE AND FENIT PIER AND HARBOUR WORKS ORDER, 1948.

TRALEE AND FENIT PIER AND HARBOUR WORKS ORDER, 1948.

I, DANIEL MORRISSEY, 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 Tralee and Fenit Pier and Harbour Commissioners, hereby order as follows :--

1. This Order may be cited as the Tralee and Fenit Pier and Harbour Works Order, 1948.

2. In this Order--

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

the expression " the Commissioners " means the Tralee and Fenit Pier and Harbour Commissioners ;

the expression " local authority " has the same meaning as it has in Section 1 of the Local Government Act, 1925 (No. 5 of 1925) ;

the expressions " the plans," " sections " and " specification " mean the plans, sections and specification deposited by the Commissioners with the Minister in connection with their application for this Order ;

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

3.--(1) The Commissioners are hereby authorised to carry out and complete in Tralee and Fenit Pier and Harbour, in accordance with the plans, sections and specification and subject to paragraph (3) of this Article, Work No. 1, Work No. 2, Work No. 3, and Work No. 4.

(2) In this Article--

the expression " Work No. 1 " means the removal of the existing viaduct and the construction of a new open work reinforced concrete viaduct, 1 furlong 3·4 chains or thereabouts in length and 26 feet 6 inches or thereabouts in width in substitution for the existing viaduct, and the laying on such new viaduct of a line of rails so placed that the upper surface of any such rails shall be level with the finished surface of the new viaduct, together with auxiliary works thereto ;

the expression " Work No. 2 " means the resurfacing and widening of the existing causeway to provide a width varying from 26 feet 6 inches to 42 feet or thereabouts for a length of 7 chains or thereabouts and the laying thereon of railway tracks, switches and crossings so placed that the upper surface of any such railway tracks, switches and crossings shall be level with the finished surface of such causeway, together with auxiliary works thereto ;

the expression " Work No. 3 " means the resurfacing and widening of the existing South Quay in open work reinforced concrete by 24 feet 9 inches or thereabouts for a length of 1 furlong 1·37 chains or thereabouts and the laying thereon of crane tracks, railway tracks, switches and crossings so placed that the upper surface of any such crane tracks, railway tracks, switches and crossings shall be level with the finished surface of the said South Quay, together with auxiliary works thereto, and deepening the berthage along the said South Quay to provide a minimum depth of 22 feet below L.W.O.S.T. for a length of 9·47 chains or thereabouts from the eastern end of the existing South Quay ;

the expression " Work No. 4 " means the resurfacing of parts of the West and Centre Quays and the laying thereon of railway tracks, switches and crossings so placed that the upper surface of any such railway tracks, switches and crossings shall be level with the finished surface of the said West and Centre Quays, together with auxiliary works thereto, demolishing the existing parapet wall and constructing a new wall on the west side of the West Quay for a length of 8·43 chains or thereabouts.

(3) In executing the works the Commissioners may with the consent in writing of the Minister, deviate laterally to any extent within the limits of deviation marked or specified on the plans, and may, with the like consent, deviate vertically to any extent from the levels of these works as shown on the sections.

4. The works shall be completed on or before the 30th day of June, 1953.

5.--(1) The Commissioners may cause any public or private roads, highways, footpaths, tunnels, streams, water-courses, railway-sidings, sewers, drains, pipes, wires and apparatus as shall be in or near the intended situation of the works to be opened, stopped up, broken up, crossed, altered, extended, diverted or otherwise interfered with (whether temporarily or permanently), as the Commissioners shall think necessary or convenient for making and completing 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, previously to stopping up or otherwise interfering with the same, make and provide in lieu of such roads, highways, footpaths, tunnels, streams, water-courses, railway-sidings, sewers, drains, pipes, wires or apparatus, good and sufficient means of passing and repassing or conducting traffic by roads, paths, highways or railway-sidings, and good and sufficient means for conveying off the water and sewage from the adjoining or neighbouring lands and premises affected and good and sufficient alternative wires and other apparatus for such purposes as the wires and apparatus so to be altered or interfered with are accustomed to serve, as convenient in all respects as the public and private roads, highways, footpaths, tunnels, streams, water-courses, railway-sidings, sewers, drains, pipes, wires and apparatus so to be opened, broken up, crossed, altered, extended, diverted or otherwise interfered with as aforesaid, but before interfering with any public 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 interference, and the Commissioners shall exercise their powers in respect of any such works to the reasonable satisfaction of such local authority and the Commissioners shall not be authorised by virtue of this Article to interfere with any works under the control of the Electricity Supply Board without having obtained the previous consent in writing of the Minister, who before giving any such consent shall consult the Electricity Supply Board and consider any representations which that Board may make to him.

(2) 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 Article 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, and shall be deemed to have been so referred in pursuance of a submission by deed executed by the parties.

6. 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 Telegraphs 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.

7. 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 3rd day of September, 1948.

DANIEL MORRISSEY,

Minister for Industry and Commerce.