S.I. No. 19/1997:

FENIT HARBOUR WORKS ORDER, 1997.

FENIT HARBOUR WORKS ORDER, 1997.

I, SEÁN BARRETT, 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 Tralee and Fenit Pier and Harbour Commissioners and after due compliance with section 136 of the Harbours Act 1946 hereby order as follows:--

1. This Order may be cited as the Fenit Harbour Works Order, 1997.

2. In this Order--

"the Minister" means the Minister for the Marine;

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

"the Drawings" means the drawings deposited by the Commissioners with the Minister in connection with their application for this Order;

"local authority" has the same meaning as in section 2 of the Local Government Act, 1941 (No. 23 of 1941);

"the road authority" has the same meaning as in section I of the Local Government (Roads and Motorways) Act, 1974 (No. 6 of 1974);

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

3. (i) 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 Fenit Harbour:

( a ) The construction of a new rubble mound breakwater, partially enclosing the current berthing spaces as Fenit Harbour.

( b ) The construction of a new vertical faced reinforced concrete breakwater located approximately 40 metres from the south-western end of the main Pier.

( c ) The construction of a new marina, incorporating 101 berths with floating pontoons gangways and associated furniture. The marina is to have pump-out facilities to a new biocycle Treatment unit located on the new breakwater.

( d ) Site development works associated with all of the above including a new access road and car-park on the breakwater, water supply, power supply and other services to the new marina.

(ii) 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 consent, 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 execution of the works for the protection of the public.

6. (i) 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 obstructed 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 or conveniences connected therewith, or for any of the purposes of their undertaking, provided that on the completion of the works the Commissioners shall restore to the satisfaction of the road authority any road, highway, street or footpath opened up, broken up, obstructed or otherwise interfered with under this Order.

(ii) The Commissioners may also cause the subsoil under public or private roads, highways, streets and footpaths and any tunnels, 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 provided that the Commissioners shall prior to opening up or otherwise interfering with the same make, in consultation with the road authority, 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 tunnels, streams, watercourse, sewers, drains, pipes, hydrants, electric cables, wires or apparatus, good and sufficient means for conveying water and conveying off the water, sewage and other effluent from the adjoining or neighboring 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 tunnels, 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.

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

8. Subject as aforesaid, in the case of a dispute or difference between the Commissioners and any persons or body grieved by anything done or omitted to be done by the Commissioners in the exercise of their powers under this Order, the 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 pursuant of a submission by deed executed by the parties and the provisions of the Arbitration Acts, 1954 and 1980, shall apply to an arbitration under this Article.

9. Nothing of this Order shall affect any right of the State to or over foreshore or any lands which have at any time been foreshore.

10. Nothing in this Order shall authorise any interference, except with the consent of Bord Telecom Éireann, with any telegraphic lines or other property or any of the rights of Bord Telecom Éireann as provided for under the Postal and Telecommunications Services Act, 1983 (No. 24 of 1983).

11. Save as in this Order otherwise expressly provided, nothing contained in this Order shall take away, lessen, prejudice, alter or affect any of the duties, rights, privileges, property, power and authority of the Electricity Supply Board or a local authority.

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 8th day of January, 1997.

SEÁN BARRETT,

Minister for the Marine.

EXPLANATORY NOTE.

This Order authorises Tralee and Fenit Pier and Harbour Commissioners to construct a rubble mound breakwater, a vertically faced reinforced concrete breakwater and a marina at Fenit Harbour, together with the associated site development works.