Wicklow Harbour Works Order, 1979.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: This Order may be cited as the Wicklow Harbour Works Order, 1979.
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paragraphs: In this Order:—
"the Minister" means the Minister for Tourism and Transport;
"the Commissioners" means the Wicklow Harbour Commissioners;
"the drawings" means the drawings numbered W/8/78 and W/9/78 both dated September, 1978 and deposited by the Commissioners with the Minister in connection with their application for this Order;
"the works" means the works authorised by this Order;
"local authority" has the same meaning as in the Local Government Act, 1941 (No. 23 of 1941).
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paragraphs: (1) 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 the harbour of Wicklow:
(i) the demolition of parts of the existing South Quay Wall and the construction of new sections of wall totaling 745 feet (227.1 metres) in the lengths F, E and C as detailed and shown in red on the drawings.
(ii) the dredging of earth, and of rock by means of rock breakers, from the bed of the Leitrim River in the approach to and alongside the length F as detailed on the drawings so as to provide a minimum depth of 10 feet (3.05 metres) at mean low water ordinary spring tides;
(iii) the provision of ancillary berth services, ladders, bollards, mooring rings and other similar services in the newly constructed lengths;
(iv) the provision of tarmacadam paving between the new lengths of wall and existing tarmacadam roadway;
(v) the doing of all works necessary and ancillary to the above constructions.
(2) 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.
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paragraphs: The works shall be completed within a period of ten years from the making of this Order.
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paragraphs: The Commissioners shall take such steps (if any) as may be necessary in the course of the works for the protection of the public.
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paragraphs: (1) 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 conveniences connected therewith, or for any of the purposes of their undertaking, provided 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, 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.
(2) 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 previous 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, water-courses, sewers, drains, pipes, hydrants, gas mains, electric cable wires or apparatus, good and sufficient means of passing and repassing or conducting traffic by railways or sidings and good and efficient 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.
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paragraphs: The Commissioners shall not be authorised by virtue of this Order to interfere with any work under the control of either of the following bodies, that is to say, the Electricity Supply Board or the Wicklow Urban District Council, without having obtained the previous consent in writing of such bodies or the Minister who, before giving such consent, shall consult with such body and consider any representations which such body shall make to him.
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paragraphs: 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 Institution of Engineers in Ireland, and shall be deemed to have been so referred in pursuance of a submission by deed executed by the parties.
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paragraphs: 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.
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paragraphs: 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 1953, 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.
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paragraphs: 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 the Electricity Supply Board or the Wicklow Urban District Council.