New Ross Harbour Works Order, 1964.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: This Order may be cited as New Ross Harbour Works Order, 1964.
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paragraphs: In this Order—
"the Minister" means the Minister for Transport and Power;
"the Commissioners" means the New Ross Harbour Commissioners;
"local authority" has the same meaning as in the Local Government Act, 1941 (No. 23 of 1941);
"the map" and "the drawing" mean respectively the map and drawing deposited by the Commissioners with the Minister in connection with their application for this Order.
"the works" means the works authorised by this Order.
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paragraphs: —(1) Subject as hereinafter provided, the Commissioners are hereby authorised to carry out and complete in accordance with the map and drawing the following works, that is to say—
the construction of a groyne by means of tipped stone or rock or in other similar manner, extending approximately 169 feet at top level from a base line on the river side of the New Ross/Waterford road and making an angle of approximately 39ø with this base line, the top of the groyne to be approximately 10 feet wide, to be formed at a level approximately equivalent to that of half tide, and the side and end slopes of the groyne to be approximately 114 horizontal to 1 vertical.
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paragraphs: The works shall be completed within five 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 and 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.
(2) The Commissioners may also cause the subsoil under public or private roads, highways, streets and footpaths and any watercourses, drains, pipes, 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 provide in lieu of such streams, watercourses, drains, pipes, electric cables, wires or apparatus, good and sufficient means of passing and repassing or conducting traffic and good and sufficient means for conveying off the water from the adjoining or neighbouring lands and premises affected and sufficient alternative electric cables, wires and 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 streams, watercourses, drains, pipes, 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: Before interfering under this Order with any 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.
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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 anumpire chosen by the Arbitrators before they sit, or in the event of disagreement, by the President for the time being of the Institution of Civil Engineers of Ireland and shall be deemed to have been so referred in pursuance of an arbitration agreement 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.
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paragraphs: 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.