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SCHEDULE
Borough of Clonmel (Alteration of Boundary) Provisional Order, 1989.
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Section 1
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The Minister for the Environment in exercise of the powers conferred on him by articles 25 and 27 of the Schedule to the Local Government (Application of Enactments) Order, 1898, and subsection (3) of section 42 of the Local Government (Ireland) Act, 1898, hereby orders as follows:—
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Title.
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1.—This Order may be cited as the Borough of Clonmel (Alteration of Boundary) Provisional Order, 1989.
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Commencement.
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2.—This Order shall come into operation on the 1st day of January, 1990 or in the event of the Act confirming this Order not becoming law on or before the said day, on such day as the Minister shall, by order, appoint.
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Interpretation.
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3.—In this Order—
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“the Borough” means the Borough of Clonmel;
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“the commencement of this Order” means the day on which, pursuant to article 2, this Order comes into operation;
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“the Corporation” means the Mayor, Aldermen and Burgesses of Clonmel;
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“the County” means the County of Tipperary South Riding;
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“the County Council” means the Council of the County of Tipperary South Riding;
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“the existing Borough boundary” means the boundary of the Borough as existing immediately before the coming into operation of this Order;
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“the Minister” means the Minister for the Environment;
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“the transferred area” means the area described in the Schedule to this Order.
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Alteration of Boundary.
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4.—On the commencement of this Order the transferred area shall be detached from the County Health District of Tipperary South Riding and shall be added to the Borough and thenceforward the transferred area shall cease to form part of the County Health District of Tipperary South Riding and shall be included in and form part of the Borough for all purposes and the boundary of the Borough shall be altered accordingly.
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Preparation of Official Maps.
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5.—(1) As soon as may be after the commencement of this Order the Commissioner of Valuation shall prepare in quadruplicate a map drawn to such convenient scale and in such convenient number of separate sheets as he thinks fit showing the transferred area and the altered boundary of the Borough and shall seal each of the maps and shall deposit one of the maps in the principal offices of the said Commissioner, another in the offices of the Corporation, another in the offices of the County Council and another in the offices of the Minister.
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(2) The said maps when so deposited in the said offices of the said Commissioner, the Corporation and the County Council respectively shall be retained in such offices and such maps, or true copies thereof, shall be open for inspection free of charge in such offices by any person at any time at which such offices respectively are open for the transaction of public business, and it shall be lawful for the said Commissioner, the Corporation and the County Council respectively to prepare and supply to any person requesting the same a true copy of the map so deposited with him or them or any particular part thereof and to charge for such copy such sum as he, with the consent of the Minister for Finance, or they, may fix.
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(3) It shall be the duty of the said Commissioner and of the Corporation and of the County Council respectively, whenever required so to do by any Court of Justice, to prepare and produce to such Court a true copy of the map or any specified part of the map deposited with him or them under this article and to verify such copy to such Court by the oath of one of his or their officers, and upon any such copy being so produced and verified to such Court, such Court shall receive such copy in evidence and thereupon such copy shall be conclusive evidence of the transferred area and of the altered boundary of the Borough and of the County Health District (so far as the same are shown on such copy) notwithstanding any discrepancy between such copy and the description contained in the Schedule to this Order or any ambiguity or uncertainty in such description or in the application thereof.
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Adjustment in consequence of Order.
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6.—(1) The County Council and the Corporation may by agreement make any adjustment of property, rights and liabilities which may be necessary in consequence of this Order.
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(2) In default of agreement, any such adjustment of property, rights and liabilities shall be made by a person appointed by the Minister for the purpose.
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(3) Every adjustment under this article shall have effect according to the terms thereof and shall be final and conclusive and may be enforced by the County Council and the Corporation against each other accordingly.
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Bye-laws, etc., to apply in the transferred area.
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7.—Every bye-law, rule and regulation made by the Corporation and in force immediately before the commencement of this Order, in or in relation to the Borough shall, on and after the said commencement apply to the Borough as extended by this Order.
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Resolutions, etc., relating to the transferred area.
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8.—Every resolution passed, order made, and notice served by the County Council before the commencement of this Order in relation to the transferred area or any part thereof or anything done or to be done therein and the operation, effect, or term of which had not ceased or expired before the said commencement shall, on and after such commencement and so far as it is not inconsistent with this Order, continue in force and have effect in so far as it relates to the transferred area or any part thereof or anything done or to be done therein as if it were done or to be done or a resolution passed, order made, or notice served by the Corporation on the date on which the same was actually passed, made or served by the County Council and as if the transferred area were on the said date already included in the Borough.
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Provisions relating to county electoral areas.
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9.—On the commencement of this Order so much of the transferred area as forms part of the county electoral area of Caher shall cease to form part of that county electoral area and shall be included in and form part of the county electoral area of Clonmel.
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Provisions relating to Borough Councillors.
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10.—Every person holding office on the commencement of this Order as Borough Councillor shall on and from such commencement be deemed to have been elected for the Borough as extended by this Order.
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Provisions in regard to polling districts and polling places.
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11.—(1) Where on the commencement of this Order a polling district is situated partly within and partly without the transferred area, the secretary of the County Council may with respect to each part of such polling district—
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(a) join it or parts of it to any adjoining polling district or districts, or
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(b) constitute it as a polling district and appoint a polling place for it.
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(2) Any arrangement made pursuant to this article shall be subject to the sanction of the Minister and shall have effect until (and only until) the first scheme under section 22 of the Electoral Act, 1963, (No. 19 of 1963) in relation to the county comes into operation after the commencement of this Order.
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Application and adaptation of local enactments.
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12.—Every local act in force immediately before the commencement of this Order in or in relation to the Borough shall extend to the transferred area and shall, on and after the said commencement be construed and have effect with such modifications as may be necessary to give effect to the provisions of this Order.
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Provision relating to development plan.
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13.—(1) That part of the development plan made by the County Council in relation to the environs of the Borough shall, in so far as immediately before the commencement of this Order it had effect as regards the transferred area, continue on and from such commencement to have such effect pending the making of a new development plan by the Corporation or the making by the Corporation as regards the transferred area, of a variation of the said part of the development plan.
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(2) In this article “development plan” means the development plan within the meaning of the Local Government (Planning and Development) Acts, 1963 to 1983 made by the Corporation and the County Council and entitled the Clonmel Development Plan, 1982 incorporating the Municipal Borough of Clonmel and Environs and as amended in 1987.
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SCHEDULE
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Description of transferred area.
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The transferred area shall be that area comprised between the existing Borough boundary and a line drawn as follows:
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Tipperary O.S. 83 plan 5.
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O.S. 83 plan 1.
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O.S. 83 plan 2.
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O.S. 77 plan 14.
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O.S. 83 plan 2.
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O.S. 77 plan 14.
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O.S. 77 plan 15.
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O.S. 83 plan 3.
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O.S. 83 plan 7.
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O.S. 83 plan 5.
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Starting at the junction of the western and southern boundaries of the 1.450 acres field in Toberaheena townland; thence in a southerly direction along the imaginary southerly projection of the western boundary of the 1.450 acres field in the same townland to its intersection by the county boundary; thence in a south westerly direction along the said boundary to its junction with the western boundary of Toberaheena townland; thence in a north westerly direction along the said boundary to its junction with the southern boundary of the 2.735 acres parcel in Inishlounaght townland; thence in a westerly direction along the said boundary to its intersection by the southerly projection of the western boundary of the 26.780 acres field in the same townland; thence in a northerly direction along the said projection and boundary and along the western boundary of the 15.786 acres field in the same townland and along its imaginary northerly projection to the intersection of the said imaginary projection by the southern boundary of Ballingarrane South townland; thence initially in a north westerly direction along the said boundary to its junction with the north western boundary of the 8.107 acres field in Ballingarrane townland; thence in a north easterly direction along the said boundary and along the northern boundary of Inishlounaght townland to its junction with the north western boundary of the 5.846 acres field in Glenconnor townland; thence in a north easterly direction along the said boundary and along the northern boundary of the 5.363 acres field in the same townland and along the imaginary north easterly projection of the last mentioned boundary to the intersection of the said projection by the eastern boundary of the same townland; thence in a north westerly direction along the said boundary to its junction with the western boundary of Haywood townland; thence initially in a north easterly direction along the said boundary to its junction with the northern boundary of the same townland; thence initially in an easterly direction along the said boundary to its junction with the western boundary of Ardgeeha Lower townland; thence in a northerly direction along the said boundary to its junction with the northern boundary of the same townland; thence in an easterly direction along the said boundary to its junction with the eastern boundary of the same townland; thence in a south easterly direction along the said boundary to its junction with the southern boundary of Ardgeeha Upper townland; thence initially in a north easterly direction along the said boundary to its junction with the western boundary of Boherduff townland; thence in a southerly direction along the said boundary to its junction with the northern boundary of Borheenduff townland; thence initially in an easterly direction along the said boundary and along the respective northern boundaries of Burgagery-Lands West townland, Carrigeen townland, and Powerstown Demesne townland to its junction with the eastern boundary of the last mentioned townland; thence in a south easterly direction along the said boundary to its junction with the south eastern boundary of the 1.012 acre field in Mylerstown townland; thence in a north easterly direction along the said boundary and along the respective eastern boundaries of the 7.901 and the 1.195 acres fields in the same townland and along the imaginary north easterly projection of the last-mentioned boundary to the intersection of the said projection by the northern boundary of the same townland; thence in a south easterly direction along the said boundary to its junction with the northern boundary of Rathloose townland; thence initially in a south easterly direction along the said boundary and along the north eastern boundaries of Moangarriff townland and Laganore townland to its junction with the eastern boundary of the last mentioned townland; thence initially in a southerly direction along the said boundary to its junction with the southern boundary of the same townland; thence in a south westerly direction along the said boundary to its junction with the eastern boundary of Moanmehill townland; thence in a southerly direction along the said boundary to its junction with the county boundary; thence in a south westerly direction along the said boundary to its junction with the eastern boundary of the existing Borough; thence initially in a northerly direction along the said boundary to the starting point.
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GIVEN under the Official Seal of the Minister for the Environment this 24th day of November, 1989.
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PADRAIG FLYNN,
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Minister for the Environment.
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[A marginal reference in the Schedule is a reference to a Tipperary sheet of the Ordnance Survey Map on the scale 1:2,500 and in the case of a reference to O.S. 77 the reference is to the 1904 revision and in the case of a reference to O.S. 83 the reference is to the 1951 revision.]
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