S.I. No. 302/1987:

DUBLIN HARBOUR WORKS (B & I FREIGHT QUAY) ORDER, 1987.

DUBLIN HARBOUR WORKS (B & I FREIGHT QUAY) ORDER, 1987.

I, BRENDAN DALY, Minister for the Marine, in exercise of the powers conferred on me by section 134 of the Harbours Act, 1946 (No. 9 of 1946), and the Communications (Transfer of Departmental Administration and Ministerial Functions) Order, 1987 ( S.I. No. 91 of 1987 ), on the application of the Dublin Port and Docks Board and after due compliance with section 136 of the said Act, hereby order as follows:

1. This Order may be cited as the Dublin Harbour Works (B & I Freight Quay) Order, 1987.

2. In this Order--

"the Minister" means the Minister for the Marine;

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

"the drawing " means the drawing bearing the number "30976" 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) The Board is hereby authorised to carry out and complete in accordance with the drawing and subject to paragraph (2) of this article the following works in the port of Dublin:--

( a ) the extension of the B & I Freight Quay in a southerly direction for a distance of approximately 130 metres running parallel to the eastern breakwater and at a distance of about 183 metres therefrom;

( b ) the construction of a retaining wall (or stone-faced embankment) approximately 183 metres in length at the southern end of the quay extension referred to in sub-paragraph (a) of this paragraph along the southern extremity of the area referred to in sub-paragraph (c) of this paragraph;

( c ) the raising to a level of approximately six metres LAT (lowest astronomical tide) of an area of approximately 1.16 hectares west of the quay extension referred to in subparagraph (a) of this paragraph and north of the retaining wall (or stone-faced embankment) referred to in subparagraph (b) of this paragraph; and

( d ) the provision of electric cranes, crane rails, crane plug boxes, mooring appliances, fenders, lighting poles and ancillary works, comprising surfacing, the laying of sewers, watermains, telephone and electric cables at the aforementioned quay extension and reclaimed area and the doing of all work necessary and ancillary to the above constructions.

(2) In executing the works, the Board may, with the consent in writing of the Minister, deviate laterally from the limits marked on the drawing and may, with the like consent, deviate vertically from the levels of the works as shown on the drawings.

4. The works shall be completed within a period of ten years from the commencement of this Order,

5. The Board shall take such steps (if any) as may be necessary in the course of the works for the protection of the public.

6. In the 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, or in the event of disagreement, by the President for the time being of the Institution of Engineers of Ireland, and shall be deemed to have been so referred in pursuance of a submission by deed executed by the parties.

7. 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.

8. 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 my Official Seal this 26th day of November, 1987.

BRENDAN DALY,

Minister for the Marine.

EXPLANATORY NOTE.

This Order authorises the Dublin Port and Docks Board to extend the B & I Freight Quay at Dublin Port in a southerly direction for a distance of approximately 130 metres, to reclaim an adjoining area of 1.16 hectares and to provide certain associated ancillary facilities.