S.I. No. 392/1948:

KILLYBEGS HARBOUR WORKS ORDER, 1948.

KILLYBEGS 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 Killybegs Harbour Commissioners, hereby order as follows :--

1. This Order may be cited as the Killybegs Harbour Works Order, 1948.

2. In this Order--

the expression " the plan and specification " means the plan and specification deposited by the Commissioners with the Minister in connection with their application for this Order ;

the expression " the Commissioners " means the Killybegs Harbour Commissioners ;

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

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

3.--(1) The Commissioners are hereby authorised to carry out and complete, at Killybegs Harbour, in accordance with the plan and specification and subject to paragraph (2) of this Article the following works, that is to say--

(a) the dismantling and removal of the existing pier, and the erection of a ferro-concrete pier 300 feet in length and 40 feet in width more or less, on the site of and of approximately the same dimensions as the existing pier and the provision of the ordinary appurtenances of a pier such as bollards, fairleads, ladders and fenders;

(b) the erection of a ferro-concrete platform 92 feet in length and 57 feet in width more or less, at the shore end and immediately east of the pier referred to in paragraph (a) ;

(c) the erection of a transit shed 60 feet in length and 30 feet in width more or less, upon the platform referred to in paragraph (b) ;

(d) the construction of a roadway over the exposed portion of the platform referred to in paragraph (b) and over the pier referred to in paragraph (a) and the concreting of an area ashore approximately 35 feet by 15 feet average dimensions adjacent to the North end of the pier, and the re-installation of water supply mains and fittings, and the relaying of the existing railway lines, switches and crossings, so that the upper surface thereof shall be level with the finished surface of the roadway and platform ;

(e) the dredging of the berths on the east and west sides of the pier referred to in paragraph (a).

(2) 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 mentioned or specified in the plan.

4. The works shall be completed on or before the 31st day of March, 1953.

5.--(1) The Commissioners may cause any public roads, footpaths, railway-sidings and pipes 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, footpaths, railway-sidings or pipes, good and sufficient means of passing and re-passing or conducting traffic by roads, paths or railway-sidings as convenient in all respects as the public roads, footpaths, railway-sidings and pipes 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.

(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 9th day of November, 1948.

DANIEL MORRISSEY,

Minister for Industry and Commerce.