STATUTORY INSTRUMENTS.

S.I. No. 79 of 1999.

DUBLIN DOCKLANDS DEVELOPMENT AUTHORITY ACT, 1997 (TRANSFER OF LAND) (NO. 2) ORDER, 1999.

S.I. No. 79 of 1999.

DUBLIN DOCKLANDS DEVELOPMENT AUTHORITY ACT, 1997 (TRANSFER OF LAND) (NO. 2) ORDER, 1999.

The Minister for the Environment and Local Government, in exercise of the powers vested in him by Section 28 of the Dublin Docklands Development Authority Act, 1997 ( No. 7 of 1997 ), after consultation with Dublin Port Company and with the consent of the Minister for the Marine & Natural Resources and the Minister for Finance hereby orders as follows:--

1. This Order may be cited as the Dublin Docklands Development Authority Act, 1997 (Transfer of Land) (No. 2) Order, 1999.

2. This Order shall come into operation on the 30th day of March, 1999.

3. In this Order the “Quaysides” means each of the following areas:

(a) That part of the county borough of Dublin bounded by a line commencing at the point where the projection of a line drawn along the centre of Commons Street intersects North Wall Quay (hereinafter in this description referred to as the “first mentioned point”) then proceeding in a southerly direction along the said projection to a point where it intersects the northern quay wall of the River Liffey, then continuing in an easterly direction along the said quay wall to a point where it intersects the East Link Bridge (also known as the Ringsend Toll Bridge), then continuing in a northerly direction along the East Link Bridge to a point where it intersects North Wall Quay, then in a westerly direction along North Wall Quay to the first mentioned point.

(b) That part of the county borough of Dublin bounded by a line commencing at the point where the southern quay wall of the River Liffey intersects with Talbot Memorial Bridge (hereinafter in this description referred to as the “first mentioned point”), then proceeding in a southerly direction along Talbot Memorial Bridge to the point where it intersects City Quay, then continuing in a easterly direction along City Quay to the point 62.54 metres from the point where City Quay is intersected by the projection of a line drawn along the centre of Creighton Street, then continuing in a straight undefined line due north to the point where it intersects with the southern quay wall of the River Liffey, then continuing in a westerly direction along the said quay wall to the first mentioned point.

(c) That part of the county borough of Dublin bounded by a line commencing at a point 22 metres due south of where a line drawn along the centre of Green Street East intersects with the western edge of the road at Britain Quay (hereinafter in this description referred to as “the first mentioned point”) and proceeding in a northerly direction along the said western edge of the road at Britain Quay to a point where it intersects Sir John Rogerson's Quay, then proceeding in a westerly direction along Sir John Rogerson's Quay to the point 124.29 metres from the point where it intersects with the projection of a line drawn along the centre of Cardiff Lane, then continuing due north in a straight undefined line to the point where it intersects the southern quay wall of the River Liffey, then continuing initially in an easterly direction along the said quay wall and then in a southerly direction along the said quay wall for a distance of 166 metres, then continuing in a straight undefined line in a westerly direction to the first mentioned point.

(d) That part of the county borough of Dublin at North Wall Quay comprising the entire draw bridge over the channel linking the River Liffey with Spencer Dock.

4. In this Order, unless otherwise specified, any reference to a line drawn along any bridge, lane, street, road or quay, shall:

--  in the case of property described at (3)(a) above, is a reference to a line drawn along the line of such bridge, lane, street, road or quay as the case may be separating that part of such bridge, lane, street, road or quay as is maintained by the county borough of Dublin from that part maintained by Dublin Port Company and

--  in the case of the property described at 3(b) and 3(c) above is a reference to a line drawn along the edge of the roadway nearest the River Liffey of such bridge, lane, street, road or quay.

5. All land howsoever vested in the Dublin Port Company in the Quaysides together with all rights, powers and privileges relating to or connected with such land is hereby transferred to the Dublin Docklands Development Authority to be held by the Authority for all the estate, rights, title and interest for which the same is held by Dublin Port Company provided however that in relation to the berthage and mooring of vessels between Matt Talbot Bridge and East Link Bridge the following shall apply:--

(a) the Dublin Docklands Development Authority (the Authority) acknowledges that Dublin Port Company has a statutory obligation to provide berthage and mooring to sea-going vessels entering Dublin Port.

(b) Dublin Port Company acknowledges that its right to moor vessels does not entitle Dublin Port Company nor the owners, occupiers and crew of the vessels the free and uninterrupted passage across the Quayside to the public road or to any rights of passage or otherwise over the Quayside other than in accordance with the provisions of Clause (c) below.

(c) The Authority undertakes that subject to prior notice from Dublin Port Company of its intention to moor a sea-going vessel along the Quayside, the Authority will, by way of licence, subject to reasonable terms and conditions which the Authority imposes grant access to and from the vessel across the Quayside to the public road, provided such consent will not be required to be given for any period extending beyond 14 days except in exceptional circumstances.

(d) Dublin Port Company undertakes that in the event of moored vessels causing damage to the quay walls or quayside fittings, that Dublin Port Company will make good such damage.

(e) Dublin Port Company undertakes to the Authority that in exercising its rights to moor vessels it will not seek to moor vessels for a period in excess of 14 days, except in exceptional circumstances and where such circumstances are explained and acceptable to the Authority. For the avoidance of doubt Dublin Port Company undertakes not to seek to work, dismantle or lay up vessels moored along the Quayside.

(f) Dublin Port Company acknowledge and undertake that the right to moor vessels does not extend to vessels, the purpose of which is to provide retail or entertainment facilities to the public, including the provision of ferry services along the river or pleasure trips in Dublin Bay or the Irish Sea.

6. The land to which this Order relates shall on coming into operation of the Order cease to be within both limits of the Harbour of Dublin and the limits of the Port of Dublin within the meaning of Section 2 of the Dublin Port and Docks Act, 1869, or the Harbours Act, 1996 as the case may be.

The Minister for the Marine and Natural Resources hereby consents to this Order.

The Minister for Finance hereby consents to this Order.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order transfers ownership of certain lands in the Dublin Docklands Area from Dublin Port Company to Dublin Docklands Development Authority.