Dundalk Harbour Works Order 1971.
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: This Order may be cited as the Dundalk Harbour Works Order, 1971.
num: 2
paragraphs: In this Order—
" the Minister " means the Minister for Transport and Power;
"the Commissioners" means the Dundalk Harbour Commissioners;
" the drawings " means the drawings 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).
num: 3
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 port of Dundalk, that is to say:—
(a) The widening and deepening by dredging of the approach channel and harbour area of the port of Dundalk, including the dredging of a turning basin in the quays area. The channel generally shall be dredged to a bottom width of 100 feet with a bed level of 2½ feet below Ordnance Datum Zero (approximately 3 feet 2 inches below Mean Low Water Springs). The materials to be dredged are largely silt and sand.
(b) The disposal of dredged materials in disposal areas shown on the drawings. These consist of a Bay Disposal Area approximately 3 sea miles East of the Pile Light and shore disposal areas on the South side of the river channel at Lockington's Fields and Soldier's Point. Additional shore areas may. with the consent in writing of the Minister, be used for the disposal of dredgings. The works shall include the preparation and final levelling of shore disposal areas.
(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.
num: 4
paragraphs: The works shall be completed within a period of three years from the making of this Order.
num: 5
paragraphs: The Commissioners shall pay such compensation (if any) to the persons having estates or interests in the said lands as may be agreed on, and any question of disputed compensation shall be determined under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919. Save as aforesaid the Commissioners may deal with any affected person in such manner and on such terms as may be agreed on.
num: 6
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. Wire's 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, watercourses, sewers, drains, pipes, hydrants, gas mains, electric cables, 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 sewerage from the adjoining or neighbouring lands and premises affected and sufficient 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, 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.
num: 7
paragraphs: The Commissioners shall not be authorised by virtue of this Order to interfere with any work under the control of a local authority without having obtained the previous consent in writing of the local authority and before interfering under this Order with any works under the control of a local authority the Commissioners shall give three weeks' notice in writing to such local authority of the nature of their intended interference and shall exercise their powers in respect of any such works to the reasonable satisfaction of such local authority.
num: 8
paragraphs: The Commissioners shall not be authorised by virtue of this Order to interfere with any work under the control of the following bodies, that is to say, the Electicity Supply Board or CÃ³ras Iompair Ãireann without having obtained the previous consent in writing of such bodies or of the Minister who, before giving such consent, shall consult with the Electricity Supply Board and CÃ³ras Iompair Ãireann and consider any representations which such bodies shall make to him.
num: 9
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 Civil Engineers of Ireland, and shall be deemed to have been so referred in pursuance of a submission by deed executed by the parties.
num: 10
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.
num: 11
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.
num: 12
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 and CÃ³ras Iompair Ãireann.
num: 13
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.