PIER AND HARBOUR PROVISIONAL ORDER CONFIRMATION ACT, 1940

AN ACT TO CONFIRM THE LIMERICK HARBOUR ORDER, 1939. [3rd July, 1940.]

WHEREAS the Limerick Harbour Order, 1939, set out in the Schedule to this Act has been duly made by the Minister for Industry and Commerce under the General Pier and Harbour Act, 1861, and the General Pier and Harbour Act, 1861, Amendment Act, 1862, as adapted by or under subsequent enactments:

AND WHEREAS under the provisions of the said Acts as so adapted the said Order is of no validity or force whatever unless and until confirmed by the Oireachtas:

BE IT THEREFORE ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1 Confirmation of Order in Schedule.

1.—The Order set out in the Schedule to this Act is hereby confirmed and all the provisions thereof shall have full validity and force.

2 Short title.

2.—This Act may be cited as the Pier and Harbour Provisional Order Confirmation Act, 1940.

SCHEDULE. LIMERICK HARBOUR ORDER, 1939.

ORDER FOR EXTENDING THE TIME FOR THE COMPLETION OF THE WORKS AUTHORISED BY THE LIMERICK HARBOUR ACT, 1926, AND THE LIMERICK HARBOUR ORDER, 1932, AND FOR OTHER PURPOSES.

1.—(1) This Order may be cited as the Limerick Harbour Order, 1939.

• (2) The Act entitled “An Act for the erection of a bridge across the River Shannon and of a floating dock to accommodate Sharp Vessels frequenting the port of Limerick, 1823”; the Act entitled “An Act to amend an Act passed in the fourth year of the reign of his late Majesty King George the Fourth intituled an Act for the erection of a bridge across the River Shannon and of a floating dock to accommodate Sharp Vessels frequenting the port of Limerick, 1834”; the Limerick Docks and Harbour Improvement Amendment Act, 1847; the Limerick Harbour (Composition of Debt) Act, 1867; the Limerick Harbour Act, 1867; the Limerick Harbour Act, 1888; the Limerick Harbour Order, 1903; the Limerick Harbour Order, 1921; the Limerick Harbour Act, 1926; the Limerick Harbour Tramways Act, 1931; the Limerick Harbour Order, 1932, and this Order shall be read and construed together, and may be cited as the Limerick Harbour Acts and Orders, 1823 to 1939.

2.—(1) The time within which the works authorised by the Limerick Harbour Act, 1926, and the Limerick Harbour Order, 1932, shall be completed is hereby extended until the expiration of ten years from the passing of the Act confirming this Order.

• (2) The Commissioners may from time to time apply the whole or any part of the reserve fund authorised to be formed by sub-section (1) of section 49 of the Limerick Harbour Tramways Act, 1931, to or towards the cost of the works authorised by the Limerick Harbour Order, 1932.

3.—Nothing in this Order shall affect any property real or personal vested in Éire or in any Minister thereof or in any board or body exercising any function of Government or public administration, or be construed to restrict or prejudice the rights of Éire or any right, power, privilege or duty vested by law in any Minister or any officer of Éire 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 Commissioners any rights of entry into or any estate or interest in any such property, but this section shall not operate to prevent the exercise in accordance with this Order by the Commissioners of such powers if and when such right of entry as aforesaid has been duly obtained according to law by the Commissioners.

4.—All costs, charges and expenses of and incident to the preparing of this Order and otherwise necessarily incurred in reference thereto (as taxed by the proper officer) shall be paid by the undertakers.