Local Government (Reorganisation) Act, 1985
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Maritime boundaries of counties and county boroughs. |
28.—(1) (a) The land lying between the existing boundary of the administrative county of Cork and an imaginary straight line drawn from Muccurragh Point in Bantry Bay to League Point in the said bay shall, subject to paragraph (b) of this subsection, on and after the commencement of this section, be included in, and form part, of the said administrative county and the boundary of that county shall be altered accordingly. | |
(b) Paragraph (a) of this subsection shall have effect— | ||
(i) in case an order under paragraph (c) of this subsection is for the time being in force, for the purposes specified in the order, | ||
(ii) in case such an order is not so in force, for all purposes. | ||
(c) (i) The Minister may by order provide that paragraph (a) of this subsection shall have effect for, and only for, such purposes as are specified in the order. | ||
(ii) In case an order under this paragraph is for the time being in force, references in any enactment to the functional area of a local authority shall be construed and have effect subject to the terms of the order. | ||
(2) (a) Notwithstanding any enactment relating to the extension, adjustment or other alteration of the boundary of a county or county borough, but subject to paragraph (b) of this subsection, the Minister may by order provide that any land specified in the order, being land to which this subsection applies, shall, on and from such date as is specified in the order, be included in, and form part of, a county or county borough specified in the order and the boundary of that county or county borough shall be altered accordingly. | ||
(b) Prior to making an order under this subsection, the Minister shall consult the Commissioners of Public Works in Ireland and any other Minister of the Government who, in his opinion, may be concerned, and the council of any county or the corporation of any county borough which, in his opinion, may be affected. | ||
(c) This subsection applies to land— | ||
(i) which is contiguous to the county or county borough to which an order under this subsection relates, and | ||
(ii) all of which is located below the high water mark, and | ||
(iii) is to the landward side of a line every point of which is three miles distant from the high water mark, and | ||
(iv) does not form part of any county or county borough. | ||
(d) An order under this subsection may provide that the order shall have effect for all purposes or for, and only for, such purposes as are specified in the order, and in case purposes are so specified, then for so long as the relevant order remains in force references in any enactment to the functional area of a local authority shall be construed and have effect subject to the terms of the order. | ||
(3) (a) The Minister may by order make such incidental, consequential and supplementary provisions as appear to him to be expedient to enable subsection (1) of this section to have effect. | ||
(b) An order under subsection (1) (c) (i) or (2) of this section may include such incidental, consequential and supplementary provisions as appear to the Minister to be expedient. | ||
(c) Without prejudice to the generality of paragraph (a) or (b) of this subsection, the Minister may by an order under this subsection— | ||
(i) provide for— | ||
(I) the preparation of official maps and the evidential value of such maps, | ||
(II) the inclusion of the land specified in the order, or of any part of such land, in any borough, urban district or town, or in any other administrative, electoral or geographical area or district, or | ||
(III) any matter or thing provided for or referred to in the Second Schedule to this Act, or | ||
(ii) do any thing which may be done by order under section 24 of this Act. | ||
(4) Nothing in this section shall be construed as prejudicing the generality of section 24 of this Act. | ||
(5) In this section— | ||
“land” includes any structure and any land covered with water, including the sea; | ||
“structure” includes any erection, excavation, or other thing (or any part thereof) constructed, erected or made on, in, or under any land, including any platform or other man-made installation on or above the sea bed, whether or not such structure is at any state of the tide wholly or partly above or wholly below, the surface of the sea and, where the context so admits, includes the land on, in, or under which the structure is situated. |