S.I. No. 162/1979:

TRANSPORT ACT, 1963 (RAILWAY WORKS) ORDER, 1979

TRANSPORT ACT, 1963 (RAILWAY WORKS) ORDER, 1979

ARRANGEMENT OF ARTICLES.

1. Short Title.

2. Definitions.

3. Deposit of plan and book of reference.

4. Power to make railway and other works.

5. Period of completion of railway works.

6. Gauge.

7. Motive Power.

8. Opening of railway.

9. Protection of telegraphic lines.

10. Protection of Electricity Supply Board.

11. Protection of State property.

12. Expenses of the Minister.

13. Saving for general Acts relating to railways.

S.I. No. 162 of 1979.

TRANSPORT ACT, 1963 (RAILWAY WORKS) ORDER, 1979

I, PADRAIG FAULKNER, Minister for Tourism and Transport, in exercise of the powers conferred on me by section 6 of the Transport Act, 1963 (No. 17 of 1963), and the Transport and Power (Alteration of Name of Department and Title of Minister) Order, 1977 ( S.I. No. 305 of 1977 ), being of opinion, after consideration of an application by Córas Iompair Éireann for a railway works order, after consultation with the Minister for the Environment and after due compliance by Córas Iompair Éireann with section 3 of that Act, that the said application should be granted, hereby order as follows:

1. This Order may be cited as the Transport Act, 1963 (Railway Works) Order, 1979.

2. In this Order--

"the Board" means Córas Iompair Éireann;

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

"the townland" means the townland of Marino in the parish of Clonmel, barony of Barrymore and county of Cork;

"the County Registrar" means the County Registrar for the county of Cork;

"the railway" means the railway authorised by this Order;

"mechanical power" means electrical and any other motive power not being animal power;

"the plan" and "the book of reference" mean, respectively, the plan and the book of reference to the plan which accompanied the application for this Order;

"the deposited plan" and "the deposited book of reference" mean, respectively, the copy of the plan and the copy of the book of reference deposited with the County Registrar as hereinafter provided.

3. The Board shall deposit with the County Registrar as soon as possible after the making of this Order true copies of the plan and the book of reference and shall publish notice of such deposit in such newspaper or newspapers as the Minister shall direct.

4. (1) Subject to this Order, the Board, with the consent of Nitrigin Éireann Teoranta, may lay down, make and maintain in the lines and according to the levels shown on the deposited plan the following railway works, that is to say, the railway hereinafter described, together with all proper loops, passing points, junctions, rails, works and conveniences connected therewith, that is to say:--

( a ) a railway partly in the townland and partly on the adjoining reclaimed foreshore forming a junction with the existing railway of the Board between the towns of Cork and Cobh at or near a point thereon measured 173 miles 80 metres by reference to the milestones on that railway, running in a southerly direction, and terminating approximately 682 metres from its junction with the said existing railway;

( b ) a railway partly in the townland and partly on the adjoining reclaimed foreshore forming a junction with the intended railway referred to in paragraph (a) at a point approximately 210 metres from the junction of the said intended railway with the existing railway of the Board between Cork and Cobh, running in a south-easterly direction, and terminating approximately 343 metres from its junction with the said intended railway.

(2) The rails to be used in laying down the railway shall consist of two steel rails each weighing not less than 42 kg per lineal metre, of either bullhead or flatbottom section, resting either on cast iron or steel chairs or soleplates, secured by means of bolts or elastic fastenings to timber sleepers, or on rubber or P.V.C. pads on concrete sleepers. The ballast under the sleepers shall be either gravel or stone laid to a compacted thickness of not less than 100mm.

5. The Board shall complete and finish, ready for use, the railway works within two years from the date of this Order or such further period not exceeding one year as the Minister may allow, and on the expiration of the said period of two years, or such further period as may be allowed, the powers by this Order granted to the Board for executing the same or otherwise in relation thereto shall cease except as to so much thereof as shall then be completed.

6. The gauge of the railway shall be 1600 mm.

7. Subject to this Order, the Board may work the railway by mechanical power.

8. No part of the railway shall be opened for traffic until the railway has been inspected and certified fit for traffic by an Inspector duly appointed by the Minister under the Regulation of Railways Act, 1871.

9. Nothing in this Order contained shall authorise any interference with any telegraphic line 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 of any of the rights of the Minister for Posts and Telegraphs under the said Acts.

10. Nothing in this Order contained shall authorise the Board to interfere with any of the electric wires or works of the Electricity Supply Board except with the consent of the Minister and subject to such terms and conditions as the Minister, after consultation with the Minister for Industry, Commerce and Energy, thinks proper.

11. Nothing in this Order contained shall affect any property, real or personal, vested in the State or in any Minister thereof or be construed to restrict or prejudice the rights of the State or any right, power, privilege or duty vested by law in any Minister or any officer of the State, and, in particular, any powers of erecting, constructing, altering or extending any works on any such property as aforesaid shall not be construed to confer on the Board any rights of entry into or any estate or interest in any such property, but this Article shall not operate to prevent the exercise in accordance with this Order by the Board of such powers if and when such right of entry as aforesaid has been duly obtained according to law by the Board.

12. Any expenses incurred by the Minister in the exercise of his powers and functions under this Order shall, to such extent as may be determined by the Minister for Finance, be paid to the Minister by the Board.

13. Nothing in this Order contained shall exempt the Board from the provisions of any general Act relating to railways and such provisions shall have effect to the extent to which they are not inconsistent with the provisions of this Order.

GIVEN under my Official Seal, this 7th day of May, 1979.

PADRAIG FAULKNER,

Minister for Tourism and Transport.

EXPLANATORY NOTE.

The effect of this Order is to confer on Córas Iompair Éireann the powers necessary to construct, maintain and operate two extension railway lines, the second line forming a junction with the first, and ancillary works partly in the townland of Marino and partly on the adjoining reclaimed foreshore, in the county of Cork.