S.I. No. 203/1967:

DUBLIN HARBOUR WORKS ORDER, 1967.

DUBLIN HARBOUR WORKS ORDER, 1967.

The Minister for Transport and Power, in exercise of the powers conferred on him by section 134 of the Harbours Act, 1946 (No. 9 of 1946), and the Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order, 1959 ( S.I. No. 125 of 1959 ), on the application of Dublin Port and Docks Board, and after due compliance with section 136 of the said Act, hereby orders as follows:--

1. This Order may be cited as the Dublin Harbour Works Order, 1967.

2. In this Order:--

"the Minister" means the Minister for Transport and Power;

"the Board" means the Dublin Port and Docks Board:

"the plan" means the plan deposited by the Board with the Minister in connection with their application for this Order;

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

3. (1) Subject as hereinafter provided, the Board is hereby authorised to carry out and complete in accordance with the plan the following work, that is to say:

the construction of embankments to enclose the undermentioned areas and the raising of the levels of such areas by the deposit of dredged materials and dry filling, or dredged materials or dry filling therein:--

(a) an area on the north side of the estuary of the river Tolka of approximately 300 yards in width extending from the Great Northern Railway embankment at East Wall to a point north of the oil storage installation of Munster Simms & Co. (Dublin) Ltd. at Alexandra Road,

(b) an area containing approximately 26 acres to the North of the Oil Zone, Alexandra Road,

(c) an area containing approximately 23 acres to the East of the Oil Zone, Alexandra Road, and

(d) an area containing approximately 15 acres on the south side of the river Liffey adjacent to the Dublin Corporation outfall works on Pigeon House Road.

(2) The works shall be completed within a period of four years from the commencement of this Order.

4. In case of any dispute or difference between the Board and any person or body aggrieved by anything done or omitted to be done by the Board in exercise of its 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, and shall be deemed to have been so referred in pursuance of a submission by deed executed by the parties.

5. 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.

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 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.

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 Board out of its funds.

Given under the Official Seal of the Minister for Transport and

Power this 4th day of September, 1967.

PATRICK J. LALOR,

A person authorised under Section 15 (1) of the

Ministers and Secretaries Act, 1924 , to

authenticate the seal of the said Minister.

EXPLANATORY NOTE

The effect of this Order is to authorise Dublin Port and Docks Board to carry out reclamation works in specified areas of the Port of Dublin.