Legalize / Ireland / Act

Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023

Type Act

Publication 2023-10-13

Last updated 2025-12-31

State In force

Source Irish Statute Book

articles 282

Reform history JSON API

PART 1 Preliminary and General

1. Short title and commencement

1. (1) This Act may be cited as the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023.

(2) Chapter 1 of Part 13 and the Foreshore Acts 1933 to 2022 may be cited together as the Foreshore Acts 1933 to 2023.

(3) Chapter 3 of Part 13 and the Planning and Development Acts 2000 to 2022 may be cited together as the Planning and Development Acts 2000 to 2023.

(4) Chapter 5 of Part 13 and the Valuation Acts 2001 to 2020 may be cited together as the Valuation Acts 2001 to 2023.

(5) Chapters 6 and 7 of Part 13 and the Local Government Acts 1925 to 2022 may be cited together as the Local Government Acts 1925 to 2023 and shall be construed together as one.

(6) Chapter 8 of Part 13 and the Maritime Area Planning Acts 2021 and 2022 may be cited together as the Maritime Area Planning Acts 2021 to 2023 and shall be construed together as one.

(7) This Act (other than sections 225, 227, 228, 231, 233, 234, 238, 239, 240, 242 and 243 and Chapters 2 and 6 of Part 13) shall come into operation on such day or days as the Minister may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes and different provisions.

(8) Section 242 shall come into operation on such day or days as the Minister may, after consultation with the Minister for Agriculture, Food and the Marine, by order or orders appoint either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes and different provisions.

(9) Sections 227 and 234 shall come into operation on such day or days as the Minister may, after consultation with the Minister for Tourism, Culture, Arts, Gaeltacht, Sports and Media, appoint by order or orders either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes and different provisions.

(10) Section 228 shall come into operation on such day or days as the Minister may, after consultation with the Minister for Defence, appoint by order or orders either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes and different provisions.

(11) Sections 231 and 238 shall come into operation on such day or days as the Minister may, after consultation with the Minister for Transport, appoint by order or orders either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes and different provisions.

(12) Sections 233, 239 and 240 shall come into operation on such day or days as the Minister may, after consultation with the Minister for Justice, appoint by order or orders either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes and different provisions.

(13) Section 243 shall come into operation on such day or days as the Minister may, after consultation with the Minister for Environment, Climate and Communications, appoint by order or orders either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes and different provisions.

2. Interpretation - general

2. (1) In this Act—

“AA” means appropriate assessment;

“act” includes an ongoing activity;

“Act of 1869” means the Irish Church Act 1869;

“Act of 1878” means the Public Health (Ireland) Act 1878;

“Act of 1882” means the Ancient Monuments Protection Act 1882;

“Act of 1892” means the Ancient Monuments Protection (Ireland) Act 1892;

“Act of 1903” means the Irish Land Act 1903;

“Act of 1910” means the Ancient Monuments Protection Act 1910;

“Act of 1925” means the Shannon Electricity Act 1925;

“Act of 1930” means the National Monuments Act 1930;

“Act of 1954” means the National Monuments (Amendment) Act 1954;

“Act of 1956” means the Civil Service Regulation Act 1956;

“Act of 1964” means the Registration of Title Act 1964;

“Act of 1987” means the National Monuments (Amendment) Act 1987;

“Act of 1993” means the Merchant Shipping (Salvage and Wreck) Act 1993;

“Act of 1994” means the National Monuments (Amendment) Act 1994;

“Act of 1995” means the Heritage Act 1995;

“Act of 1997” means the National Cultural Institutions Act 1997;

“Act of 2000” means the Planning and Development Act 2000;

“Act of 2001” means, other than in Chapter 4 of Part 13, the Local Government Act 2001;

“Act of 2014” means the Companies Act 2014;

“Act of 2021” means, other than in Chapter 8 of Part 13, the Maritime Jurisdiction Act 2021;

F1["Act of 2024" means the Planning and Development Act 2024;]

“amenity”, in relation to a monument or thing, includes the setting of the monument or thing, and “amenity value” shall be construed accordingly;

“Ancient Monuments Protection Acts” means the Act of 1882, the Act of 1892 and the Act of 1910;

“appropriate assessment” has the meaning assigned to it by Regulation 2 of the Habitats Regulations;

“archaeological excavation” means digging or excavating in or under any land (whether with or without removing the surface of the land) for the purpose of searching for, identifying, locating or exposing archaeological heritage, whether or not such heritage is known to be on, in or under that land;

“archaeological heritage” means relevant things of archaeological interest and archaeological objects;

“archaeological monitoring” means the monitoring, overseeing or supervising of any digging or excavating on, in or under any land (whether with or without removing the surface of the land) where—

(a) the digging or excavating is not in connection with archaeological excavation or any other archaeological purpose, and

(b) the monitoring, overseeing or supervising is for the purpose of identifying archaeological heritage which may be found or uncovered in the course of or as a result of such digging or excavating, whether or not such heritage is known to be on, in or under that land;

“archaeological object” means—

(a) either—

(i) a chattel, or

(ii) a chattel situated at or removed from a relevant thing of a relevant interest or a monument,

that, by reason of the archaeological interest attaching to it or of its association with any historic event, period, subject or person, has a cultural, monetary or scientific value greater than its intrinsic value,

(b) a chattel collected in the course of the carrying out or undertaking of archaeological excavation, archaeological monitoring or the searching for archaeological objects lying exposed on the surface of land, or

“archaeology” means the study of past human societies of all periods, either as a whole or of various aspects of them, through the material remains of all forms, moveable and immoveable, left by those societies and the evidence of their environment, and includes the study of climatological, ecological, geological, geomorphological or pedological factors relevant to understanding the nature or context of those societies or the distribution or nature of their material remains, and “archaeological interest” shall be construed accordingly;

“architectural heritage” means—

(a) structures and buildings together with their settings and attendant grounds, fixtures and fittings,

(b) groups of structures and buildings referred to in paragraph (a), and

that are of archaeological, architectural, cultural, historic, scientific, social or technical interest;

“architectural history” means the history of architecture, including its cultural, economic and social context;

“art history” means the history of art, including its cultural, economic and social context;

“battlefield” includes—

(a) any area or areas (to the extent (if any) that it or they can be both identified and geographically defined) where the majority of the combat (including any significant military engagement) or related activities of a battle took place, and

(b) any sites or places directly associated with the conduct, command or direction of a battle (including any significant military engagement) or related activities of a battle, whether or not contiguous with or to an area or areas referred to in paragraph (a);

“Board” means the Board of the National Museum of Ireland;

“building” includes—

(a) the trade fixtures, domestic fixtures and ornamental fixtures of the building,

(b) the machinery and equipment fixed or attached to the building, and

“chattel” means a chattel of artificial or natural origin (including animal, human or plant remains) and whether or not it has been artificially altered;

“Church Temporalities Commission” means the Commissioners of Church Temporalities in Ireland;

“class” includes a subclass;

“code of practice” has the meaning assigned to it by section 213;

“Commissioners” means the Commissioners of Public Works in Ireland;

“company” means—

(a) a company formed and registered under the Act of 2014, or

(b) an existing company;

“consent” means prior consent in writing;

“contiguous zone” shall be construed in accordance with section 12 of the Act of 2021 and, for the purposes of this Act, includes the land underlying such zone;

“copy” means a copy in any form (including electronic form);

“Council” means the body established by section 5 of the Act of 1995 and known as The Heritage Council;

“cultural interest” includes artistic, literary, linguistic or traditional interest;

“Department” means the Department of Housing, Local Government and Heritage;

“deposit” includes a group, cluster or spread of archaeological objects on, in or under land;

“detection device”—

(a) subject to paragraph (b), means a device designed or adapted for, or capable of being used for, detecting or locating a deposit, feature, metal or mineral underneath the surface of land, and

(b) does not include—

(i) a camera operating in visible wavelengths, or

(ii) equipment the sole function of which is the preparation or compilation of topographical surveys of the surface of land;

“dig” or “excavate” includes augur, bore, core, drill, dredge or tunnel;

“Director” means the Director of the National Museum of Ireland;

“EIA” means environmental impact assessment within the meaning of the EIA Directive;

“EIA Directive” means Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 ^1 on the assessment of the effects of certain public and private projects on the environment as amended by Directive 2014/52/EU of the European Parliament and of the Council of 16 April 2014^2;

“enactment” means—

(a) an Act of the Oireachtas,

(b) a statute that was in force in Saorstát Éireann immediately before the date of coming into operation of the Constitution and that continued in force by virtue of Article 50 of the Constitution, or

“enforcement notice” has the meaning assigned to it by section 193;

“environment” includes climate, landscape, flora and fauna life;

“existing company” has the meaning assigned to it by section 2 of the Act of 2014;

“export” means the export or removal from the State of any goods (being things of any kind, whether animate or inanimate) to a place outside the State;

“extent of the territorial application of this Act” shall be construed in accordance with section 4;

“find”, in relation to the finding of a relevant thing of a relevant interest or an archaeological object on, in or under land, or floating on or under any waters, means find within the extent of the territorial application of this Act, and includes—

(a) to expose, uncover or in any way come upon, locate, identify or encounter a relevant thing of a relevant interest or an archaeological object, whether or not during the course of carrying out any works or searching or other activity and whether or not the works, searching or other activity were or was for the purpose of finding relevant things of a relevant interest or archaeological objects, and

(b) to find with or by the use of a camera, detection device or other form of survey or other equipment;

“functional area”, in relation to a local authority, means the functional area, within the meaning of section 198 of the Act of 2001, of the local authority;

“general protection”, in relation to a thing (howsoever described in this Act), means that section 27 applies to the thing pursuant to—

(a) section 21, or

(b) section 23(3);

“geographical area” means any geographical area to which this Act applies by virtue of section 4;

“give”, in relation to a notice or other document that is required to be given to a person under this Act, shall be construed in accordance with section 221;

“Habitats Directive” means Council Directive 92/43/EC of 21 May 1992^3 on the conservation of natural habitats and of wild fauna and flora as amended by Council Directive 97/62/EC of 27 October 1997^4, Regulation (EC) No. 1882/2003 of the European Parliament and of the Council of 29 September 2003^5, Council Directive 2006/105/EC of 20 November 2006^6 and Council Directive 2013/17/EU of 13 May 2013^7;

“Habitats Regulations” means the European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011);

“historic” includes historical;

“historic heritage” includes—

(a) archaeological heritage, architectural heritage, landscapes, wrecks one hundred or more years old or otherwise of historic interest and historic objects, and

(b) relevant things of a relevant interest that do not already fall within paragraph (a);

“historic interest” includes association with, or being representative of, historic events, periods, persons, subjects or themes;

“historic object” means a chattel which is of archaeological, architectural, historic or other cultural or scientific interest, and includes—

(a) moveable mechanisms of transport of such interest, and

(b) moveable objects within or associated with relevant things of a relevant interest;

“history” includes architectural, art, economic, military, political, religious, scientific, social or technical history;

“immediate surroundings”, in relation to a monument, means such areas immediately surrounding the monument, in addition to the surrounding area (if any) of the monument, where works, if carried out therein, could adversely affect—

(a) the monument, or

(b) any relevant thing of a relevant interest which, taking into account the type of monument which the monument is, it would be reasonable to consider might be in the vicinity of the monument;

“import” means the import or bringing into the State of goods (being things of any kind, whether animate or inanimate) from a place outside the State;

“internal waters” shall be construed in accordance with section 8 of the Act of 2021;

“Irish vessel” means—

(a) a ship which is an Irish ship within the meaning of—

(i) subject to subparagraph (ii), section 9 of the Mercantile Marine Act 1955, or

(ii) on and from the commencement of section 7 of the Merchant Shipping (Registration of Ships) Act 2014, section 33 of that Act,

(b) a vessel which is—

(i) not registered under the law of another country, and

(ii) owned by, or leased or chartered to—

(I) an individual resident in the State, or

(II) a company;

“land” includes—

(a) tenements, hereditaments, houses and buildings, land covered by water and any estate, right, title or interest in or over land,

(b) the substratum of land,

(d) the substratum of the sea bed;

“land covered by water” includes land normally covered by water and the foreshore within the meaning of section 1 of the Foreshore Act 1933;

“landscape” has the same meaning as it has in Article 1 of the European Landscape Convention done at Florence on 20 October 2000;

“licence” means a licence granted under section 151;

“licensable activity” means an activity or other thing referred to in this Act the doing of which requires, as specified in this Act, a licence;

“local authority” has the meaning assigned to it by the Act of 2001;

“member of the naval service” means a member of the Naval Service of the Defence Forces;

“Minister” means, subject to subsection (7), the Minister for Housing, Local Government and Heritage;

“monument” means—

(a) a registered monument, or

(b) a prescribed monument which is not a registered monument;

“monument to which general protection applies” means—

(a) a registered monument other than a registered monument to which special protection applies pursuant to section 20(1) or 24(1),

(b) a potential Register action monument (section 23) to which general protection applies pursuant to section 23(3), or

“monument to which special protection applies” means—

(a) a registered monument to which special protection applies pursuant to section 20(1) or 24(1), or

(b) a potential Register action monument (section 22) to which special protection applies pursuant to section 22(3);

“national monument” has the meaning assigned to it by section 74;

“national monument (LA)” has the meaning assigned to it by section 74;

“national monument (M)” has the meaning assigned to it by section 74;

“National Monuments Acts” means the National Monuments Acts 1930 to 2014;

“national newspaper” means a newspaper published and circulating generally in the State, whether in hard copy or electronic form, or both;

“new authorisation” means a licence, consent, approval, permission or direction granted, issued or given under this Act;

“officer of the Commissioners” includes—

(a) a civil servant (within the meaning of the Act of 1956), whether established or unestablished, who is assigned to perform duties in the Office of Public Works, and

(b) any person employed by the Commissioners whether on a contract of service or for service;

“officer of the Minister” includes—

(a) a civil servant (within the meaning of the Act of 1956), whether established or unestablished, who is assigned to perform duties in the Department of State of which the Minister has charge, and

(b) any person employed by the Minister whether on a contract of service or for service;

“old authorisation” means a licence, consent, approval, permission or direction granted, issued or given under an enactment repealed by section 7;

“owner”—

(a) in relation to land, means a person (other than an owner exception or a mortgagee not in possession) who, whether in his or her own right or as trustee or agent of any other person—

(i) is entitled to receive the rack rent of the land, or

(ii) if the land is not let at rack rent, would be entitled to receive the rack rent of the land if it were so let,

(b) in relation to a chattel, means any one or more of the following:

(i) a person for the time being having such estate or interest in the chattel as to entitle him or her to the actual possession of it;

(ii) a bailor of the chattel;

(iii) the donor of the chattel as a conditional gift,

(c) in relation to a requirement under this Act to give notice to an owner of land, shall be construed in accordance with paragraph (a), and

(d) in relation to a requirement under this Act to give notice to the owner of a chattel (including a wreck), shall be construed in accordance with paragraph (b);

“owner exception”, in relation to land, means—

(a) a tenant of the land whose tenancy is for a period of not more than one year,

(b) a tenant at will of the land,

(d) a person entitled to occupancy of the land by or under a licence (whether granted under this Act or another enactment), or

(e) a person whose occupancy of the land is adverse to the rights of another person not barred from an action for recovery of the land;

“possession”, in relation to any thing (other than land), includes to control the thing;

“potential Register action (section 22)” shall be construed in accordance with section 22(1);

“potential Register action (section 23)”, shall be construed in accordance with section 23(1);

“potential Register action monument (section 22)”, in relation to a potential Register action (section 22), means—

(a) the prescribed monument,

(b) the relevant thing of a relevant interest, or

as the case may be, that is the subject of that potential Register action (section 22);

“potential Register action monument (section 23)”, in relation to a potential Register action (section 23), means—

(a) the prescribed monument,

(b) the relevant thing of a relevant interest, or

as the case may be, that is the subject of that potential Register action (section 23);

“prescribed” means prescribed by regulations made by the Minister under this Act;

“prescribed monument” shall be construed in accordance with section 12(1)(d);

“protect” includes preserve, conserve and maintain;

“public authority” means—

(a) a Minister of the Government (or a Minister of State),

(b) the Commissioners,

(i) which is not an existing company, and

(ii) the principal function of which is not the provision of financial services to the public,

(d) a company (not being a company the principal function of which is the provision of financial services to the public) all of the shares in which are held by or on behalf of a Minister of the Government (or a Minister of State);

“publish” includes cause to publish and make available to the public in an electronic or other non-legible form (whether on the internet or otherwise) which is capable of being converted into a permanent legible form;

“Register” means the Register of Monuments established under section 14(1);

“registered monument” means—

(a) a relevant thing of a relevant interest the particulars of which are entered in the Register pursuant to section 14(3)(a),

(b) a prescribed monument the particulars of which are entered in the Register pursuant to section 14(3)(b);

“relevant date” shall be construed in accordance with section 48(3);

“relevant interest”, in relation to a relevant thing, means that the thing is of known or potential archaeological, architectural, historic or cultural interest (or any combination thereof);

“relevant thing” means any of the following things, whether situated on, in or under land and whether or not attached to the surface of the land or forming part of land and whether or not intentionally or originally in the sites where they respectively are:

(a) any artificial structure, construction, deposit, feature or layer (including any building and any burial or interment);

(b) any artificially altered structure, construction, deposit, feature or layer, whether or not natural in origin;

(d) any ritual or ceremonial site;

(e) any site where an historic event took place, including any other site directly associated with that event;

(f) any battlefield;

(g) any site with legendary or mythological associations;

(h) any feature, deposit or layer, whether or not natural in origin and whether or not artificially altered, containing or providing information or evidence relating to the past environment;

“relevant works” has the meaning assigned to it by section 25;

“sea” includes—

(a) an area which is submerged at high water of ordinary spring tides,

(b) an estuary or arm of the sea, and

“sea bed” means land under sea, and includes silts or other deposits lying on the land or on or within a wreck;

“site” includes location and place;

“special protection”, in relation to a thing (howsoever described in this Act), means that section 30 applies to the thing pursuant to—

(a) section 20(1),

(b) section 22(3),

(d) section 135;

“specified”, in relation to a form, means specified under section 223;

“surrounding area”, in relation to a registered monument, shall be construed in accordance with section 14(4);

“territorial seas” shall be construed in accordance with section 7 of the Act of 2021;

“this Act” includes a statutory instrument made under this Act;

“traditional interest” includes of interest by virtue of folklore, folklife, myth or legend;

“Valletta Convention” means the European Convention on the Protection of the Archaeological Heritage (Revised) done at Valletta on 16 January 1992;

“water” includes the water of rivers, streams, canals, waterways, ponds, lakes or any other form of watercourse or body of water or sea;

“works” means any act (whether new or habitual and including an act relating to archaeological excavation) of ground disturbance (including digging, ploughing or excavation), dumping (including dumping at sea or on, in or over land covered by water), planting, cutting (including cutting of vegetation), construction, demolition, deposition, burning (including burning of vegetation), extension, alteration (including any alteration which causes damage or defacement), repair, removal, renovation, refurbishment, renewal, or salvage (including marine or maritime salvage);

“World Heritage Property” shall be construed in accordance with section 91;

“wreck” means any form of watercraft or vessel (whether intended for use above or below the surface of the water) or aircraft or any part or element thereof, lying on, in or under the sea bed or land covered by water, and any things contained in or on such watercraft, vessel or aircraft, or any objects which were formerly so contained and are lying on, in or under the sea bed or on or in land covered by water;

“wreck 100 or more years old” means a wreck which has been lying, as referred to in the definition of “wreck”, for a period of 100 or more years and regardless of whether the wreck is exposed or has been exposed at any time.

(2) For the purposes of the definitions of “archaeological object” and “historic object”, a chattel embedded, in whole or in part, in land which, if it were not so embedded, would in the normal course be moveable (including any moveable tool, implement, utensil, ornament or any other similar or like moveable thing or any vehicle, watercraft, vessel or aircraft or any moveable mechanism of transport) shall not be considered to have become annexed to the land.

(3) A reference in this Act to a thing (howsoever described) being done under and in accordance with a licence includes a reference to—

(a) such thing being done in accordance with all the conditions (if any) of the licence, and

(b) the fulfilment or compliance with all the conditions (if any) of such licence before, during or after the doing of such thing.

(4) The functions vested in the Commissioners under this Act may be vested in the Minister pursuant to an order under section 9(1) or (2) of the Ministers and Secretaries Act 1924.

(5) A reference in this Act to any of the following things includes a reference to a part of the thing concerned:

(a) aircraft;

(b) archaeological object;

(d) building;

(e) chattel;

(f) deposit;

(g) historic object;

(h) monument;

(i) relevant thing;

(j) wreck.

(6) A reference in this Act to a member of the naval service is a reference to such member acting at the request made, whether specifically or generally, by a member of An Garda Síochána not below the rank of inspector.

(7) (a) A reference to the Minister in the definition of “officer of the Minister” in subsection (1) or in section 3(2), 6, 156 or 222 includes a reference to the Minister for Tourism, Culture, Arts, Sport, Gaeltacht and Media.

(b) A reference to the Minister in the definition of “prescribed” in subsection (1) or in section 5 means, in the case of regulations made or to be made under Part 4, a reference to the Minister for Tourism, Culture, Arts, Sport, Gaeltacht and Media.

(c) A reference to the Minister in the definition of “prescribed” in subsection (1) or in section 5 includes, in the case of regulations made or to be made under section 152, a reference to the Minister for Tourism, Culture, Arts, Sport, Gaeltacht and Media.

(d) A reference to the Minister in Part 4 (except in paragraph (a) of the definition of “relevant person” in section 95), section 133, subsection (1) of section 158 (in so far as that subsection relates to inventories of, or in relation to, historic objects) or Schedule 4 means the Minister for Tourism, Culture, Arts, Sport, Gaeltacht and Media.

3. Performance of functions

3. (1) A person performing a function under this Act shall recognise and take due account of the following principles in performing that function:

(a) that historic heritage is a non-renewable resource of great cultural and scientific importance which, in addition to its intrinsic value, provides evidence for the development of society and promotes public understanding and appreciation of all periods of the past;

(b) that the first option to be considered should be the protection in situ of historic heritage and that there ought to be a presumption in favour of this option;

(c) that any removal or alteration of historic heritage should be accompanied by all necessary and appropriate recording of such heritage;

(d) that (in particular, as regards the general function referred to in section 168) the Valletta Convention should be adhered to as well as any other international treaty, to which the State is a party, the provisions of which are aimed at promoting or securing the protection of the archaeological, architectural or other historic heritage;

(e) that responsibility for the protection of historic heritage is, as a resource of benefit to all, shared by all and, accordingly, that those permitted to remove or interfere with such heritage should, in the normal course, bear the costs of any recording or protective work necessitated by, or associated with, such removal or interference.

(2) The Minister, the Commissioners, the Board, the Council and each local authority, as relevant, and their officers, servants and agents, shall co-operate in the implementation of this Act.

4. Application

4. (1) Subject to subsections (2) and (4), the extent of the territorial application of this Act is that this Act applies—

(a) within the State (including its internal waters and territorial seas) and the contiguous zone, and

(b) in so far as provided for in Chapter 2 of Part 5, to any other area of sea.

(2) Subsection (1) shall not restrict the application of any law of the State to any area by virtue of section 19 of the Act of 2021.

(3) Nothing in the State Property Act 1954 shall operate to prejudice the performance by the Minister, the Commissioners or a local authority of their respective functions under this Act.

(4) (a) The vesting effected by section 96(1) shall not apply to an archaeological object found within the contiguous zone.

(b) The vesting of a relevant wreck (within the meaning of section 132) effected by section 133(1) shall not apply to such a wreck found within the contiguous zone.

5. Regulations, etc.

5. (1) The Minister may by regulations provide for any matter referred to in this Act as prescribed or to be prescribed.

(2) Without prejudice to any provision of this Act, regulations under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

(3) Every order under section 40(6) or 219(1) or (3) or regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

6. Expenses and other financial matters

6. (1) Any expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure, National Development Plan Delivery and Reform, be paid out of moneys provided by the Oireachtas.

(2) Any expenses incurred by the Commissioners in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure, National Development Plan Delivery and Reform, be paid out of moneys provided by the Oireachtas.

(3) Notwithstanding subsections (1) and (2), the Minister may, in each financial year, after consultation with the Commissioners in relation to their proposed work programme and expenditure for that year in the carrying out of functions under this Act, make grants of such amount as may be sanctioned by the Minister for Public Expenditure, National Development Plan Delivery and Reform, and in accordance with such conditions as the Minister may specify, out of moneys provided by the Oireachtas towards the expenditure incurred by the Commissioners in the performance of such functions.

(4) Section 27 of the Act of 1997 shall apply to the functions of the Board under this Act.

(5) The expenses incurred by the Minister and the Commissioners in the administration and implementation of this Act may also be paid out of moneys received by him or her or them by way of fees charged under or pursuant to this Act.

(6) The Minister may accept gifts, donations or bequests, whether monetary or otherwise, from a person for the purpose of applying them in the administration and implementation of this Act or otherwise in the protection of historic heritage or promotion of knowledge and awareness of such heritage.

(7) The reference to functions in section 13 of the Act of 1995 includes the Council’s functions under this Act.

7. Repeals

7. Subject to the operation of the provisions of Chapter 9 of Part 2 and of sections 53 to 60, 71, 72 and 113, the enactments specified in column (3) of Schedule 1 are repealed to the extent specified in column (4) of that Schedule.

PART 2 Monuments

Chapter 1

8. Interpretation - Part 2 and Schedule 2

8. (1) In this Part and Schedule 2—

“authorised officer” means an officer appointed under section 87(1) or (3) to be an authorised officer for the purposes referred to in section 87(1) or (3), as the case may be;

“Chapter 8 monument” means—

(a) a monument to which general protection applies, or

(b) a monument to which special protection applies;

“draft general notice” means—

(a) a draft, referred to in section 23(1)(a)(ii), of a general list notice, or

(b) a draft, referred to in section 23(1)(a)(iii), of a revised general list notice;

“general list notice” shall be construed in accordance with section 19(1)(b);

“general notice” means—

(a) a general list notice, or

(b) a revised general list notice;

“guardianship monument” has the meaning assigned to it by section 68;

“monument guardianship order” means an order under section 67(1);

“proceedings” means any civil or criminal proceedings, whether or not under this Act;

“Register action”—

(a) in relation to a relevant thing of a relevant interest, means the entry of particulars of the thing in the Register pursuant to section 14(3)(a),

(b) in relation to a prescribed monument (not being a registered monument), means the entry of particulars of the monument in the Register pursuant to section 14(3)(b),and

(c) in relation to a registered monument, means an amendment to, or a deletion from, pursuant to section 17, the particulars entered in the Register in respect of the monument, and includes the entry of any particulars in the Register, pursuant to section 14(4), in respect of the monument (whether at the same time as, or subsequently to, the entry in the Register of the particulars concerned referred to in paragraph (a) or (b)) and the entry in the Register of a statement referred to in section 15(2);

“Register action monument”, in relation to a Register action, means—

(a) the prescribed monument (not being a registered monument),

(b) the relevant thing of a relevant interest, or

as the case may be, that is the subject of that Register action;

“registration number”—

(a) in relation to a registered monument, means the unique registration number assigned to the monument pursuant to section 15(4), and

(b) in relation to a group of 2 or more registered monuments, means the unique group registration number assigned to the group pursuant to section 15(5);

“relevant authority” has (other than in Chapter 18) the meaning assigned to it by section 74;

“relevant enactments” means—

(a) the enactments repealed by section 7 as those enactments were in force immediately before being so repealed, and

(b) the Act of 1869 as in force immediately before being amended by section 226;

“relevant map” means a map contained in or accompanying a specific notice or general notice;

“relevant site”, in relation to a geographical area the subject of a general notice or draft general notice, means—

(a) any library, situated in that geographical area, to which members of the public have access and that is operated by or under the direction of a library authority within the meaning of section 77 of the Act of 2001,

(b) any office of a local authority whose functional area is situated, in whole or in part, in that geographical area,

(d) any Garda Síochána station situated in that geographical area,

(e) any office, situated in that geographical area, of a public authority where that office provides services to owners of land including farmers, or

(f) any office to which members of the public have access, situated in that geographical area, of a public authority (or of a service or agency operating under the control of, or on behalf of, a public authority);

“revised general list notice” shall be construed in accordance with section 19(1)(c);

“section 22 consultation notice” shall be construed in accordance with section 22(1);

“section 23 consultation notice” shall be construed in accordance with section 23(1)(a)(i);

“section 23 general list consultation notice” shall be construed in accordance with section 23(1)(a)(ii);

“section 23 revised general list consultation notice” shall be construed in accordance with section 23(1)(a)(iii);

“shown” means shown in any manner or way;

“specific notice” means the notice of a Register action given to the owner of the land concerned by the Minister pursuant to section 19(1)(a);

“unknown”, in relation to the identity and whereabouts of a person, shall be construed in accordance with section 10.

(2) A reference in this Part to a relevant thing of a relevant interest includes a reference to a site where the Minister reasonably believes that there may be a relevant thing of a relevant interest.

(3) For the avoidance of doubt, it is hereby declared that the destruction, whether in whole or in part and by whatever means, of a monument to which general protection or special protection applies shall not prejudice the continuation of such protection to the remainder (if any) of the monument, including the site, surrounding area and immediate surroundings of the monument.

9. Circumstances in which owner of land is given notice by publication of notice in national newspaper

9. (1) A reference in this Partto the giving of a specific notice includes a reference to, if section 19(2) is applicable, the publication of that notice in a national newspaper.

(2) A reference in this Part to the giving of a section 22 consultation notice or section 23 consultation notice includes a reference to, if section 22(2) or 23(2), as the case may be, is applicable, the publication of that notice in a national newspaper.

(3) A reference in this Part to the giving of a notice under section 22(1)(c) or 23(1)(c) includes a reference to, if section 22(2) or 23(2), as the case may be, is applicable, the publication of that notice in a national newspaper.

(4) Where subsection (1), (2) or (3) applies, the owner of the land concerned shall be deemed to have been given the notice concerned referred to in that subsection upon the publication of that notice in a national newspaper.

10. Identity and whereabouts of owner of land

10. For the purposes of this Part and Schedule 2—

(a) the identity and whereabouts of a person shall be treated as unknown only after reasonable efforts to ascertain his or her identity and whereabouts have been unsuccessful, and

(b) without prejudice to the generality of paragraph (a), the identity and whereabouts of a person shall be treated as unknown if—

(i) his or her identity is known but his or her whereabouts are unknown, or

(ii) his or her whereabouts are known but his or her identity is unknown.

11. Provisions supplementary to section 10

11. The fact that the identity and whereabouts of a person are unknown shall not of itself prejudice the operation of any provision of this Part or of Schedule 2 and, accordingly, any such provision which refers to a person who is unknown shall be read with all necessary modifications to enable the provision not to be so prejudiced.

Chapter 2

12. Prescribed monuments

12. (1) (a) Subject to paragraphs (b) and (c), there may be prescribed, for the purposes of this Act, a class of relevant things which falls within any of paragraphs (a) to (h) of the definition of “relevant thing” in section 2.

(b) The Minister shall not exercise his or her power under paragraph (a) unless he or she is of the opinion that the relevant things which fall within the class of relevant things concerned—

(i) are of archaeological interest or of other relevant interest, and

(ii) ought, by reason of their nature or where they are situated, to be subject to the provisions of this Act that apply in relation to prescribed monuments.

(c) The class of relevant things which is wrecks one hundred or more years old shall be deemed to be a class of relevant things prescribed under paragraph (a).

(d) A thing which falls within a class of relevant things—

(i) prescribed under paragraph (a), or

(ii) deemed under paragraph (c) to be a class of relevant things prescribed under paragraph (a),

shall in this Act be referred to as a “prescribed monument”.

(2) Without prejudice to the generality of subsection (1), the Minister may under that subsection prescribe a class of relevant things by reference to any one or more than one of the following criteria:

(a) age, date or period (including by reference to any terminology relating to periods) that, in the opinion of the Minister, is or has been in use in archaeology or other relevant disciplines;

(b) morphology;

(d) typology (including by reference to typologies which, in the opinion of the Minister, are or have been in use in archaeology or other relevant disciplines);

(e) the environment in which the relevant thing is situated (including whether or not the relevant thing is situated under water);

(f) the circumstances in which the relevant thing is found (including the manner of finding);

(g) whether the relevant thing is or is not marked or shown on any—

(i) edition of any ordnance map, or

(ii) map prescribed for the purposes of this paragraph.

13. Requirement to report finding of prescribed monument

13. (1) This section applies to a prescribed monument other than a prescribed monument which—

(a) is a registered monument, or

(b) has been the subject of a preliminary report under subsection (2)(b) given to the Minister or a member of An Garda Síochána.

(2) (a) Paragraph (b) applies where a person finds, or believes that he or she has found, a thing to which this section applies.

(b) Subject to subsections (3) and (7), the person shall, before the expiration of the prescribed period for reporting the thing under this section (or, if such period is not prescribed, before the expiration of 72 hours after finding the thing) make a preliminary report of the finding of the thing to the Minister or a member of An Garda Síochána.

(c) Different periods may be prescribed for making a preliminary report of the finding of a thing under this section by reference to—

(i) specified classes of persons, or

(ii) the means (including surveys, howsoever conducted) by which the thing was found,

or any combination thereof.

(3) (a) A person making a preliminary report under subsection (2)(b) shall, in the report—

(i) state his or her name and address,

(ii) describe the thing found (which may include a photograph or other image of the thing), and

(iii) describe the site of the thing (which may include a photograph or other image of the site).

(b) A member of An Garda Síochána to whom a preliminary report under subsection (2)(b) is made shall cause the report, or a copy of the report, to be given to the Minister as soon as is practicable after the member receives the report.

(4) (a) Subject to subsection (7), where a person makes a preliminary report under subsection (2)(b) to the Minister or a member of An Garda Síochána, the Minister shall cause the person to be given, subject to subsections (5) and (9), a return in the specified form.

(b) A person who is given a return referred to in paragraph (a) shall complete it and return it, to the person specified in the return for the purpose, before the expiration of 7 days from the day on which he or she was given the return.

(5) Without prejudice to the generality of section 223, a return referred to in subsection (4)(a) required to be completed by a person shall require the person to specify the following in the return:

(a) his or her name and address;

(b) the date and time when he or she found the thing concerned;

(d) the circumstances in which he or she found the thing;

(e) the site of the thing (which may include a photograph or other image of the site);

(f) if known to the person, the name of the owner or occupier of the land on which the thing is or was situated.

(6) Subject to subsection (10), where the Minister receives a return referred to in subsection (4)(a), he or she shall cause the thing the subject of the return, or the site of the thing, or both, to be inspected by a person on behalf of the Minister.

(7) Subject to subsection (8), this section shall not apply to the finding of a thing in the course of any licensable activity if—

(a) the activity is carried out under and in accordance with a licence, and

(b) the licence is subject to a condition requiring any finding of a thing to which this section would apply but for this subsection to be reported to the Minister in such manner as is specified in the licence, whether individually or with other findings of such things made in the course of the activity.

(8) It may be specified as a condition of a licence that this section shall apply to the finding of a thing occurring in the course of the activities authorised under the licence, whether generally or in such cases or circumstances as may be specified in the licence.

(9) Subsection (4)(a) shall not place the Minister under any obligation to cause a return referred to in that subsection to be given to a person where the Minister is of the opinion that—

(a) a preliminary report under subsection (2)(b) made by the person—

(i) does not relate to a thing to which this section applies,

(ii) does not merit the completion of such return, or

(iii) is trivial or vexatious,

(b) it is otherwise unnecessary that such return be completed in respect of that report.

(10) Subsection (6) shall not place the Minister under any obligation to cause a thing the subject of a return referred to in subsection (4)(a), or the site of the thing, to be inspected if the Minister is of the opinion that—

(a) the thing is not a thing to which this section applies,

(b) the site does not contain a thing to which this section applies,

(c) the inspection would pose a risk to the health or safety of the person who would otherwise carry out the inspection on behalf of the Minister,

(d) the inspection is not merited or is otherwise unnecessary, or

(e) the return is trivial or vexatious.

(11) Nothing in this section shall be construed to prejudice the generality of section 189.

Chapter 3

14. Establishment of Register of Monuments

14. (1) The Minister shall, as soon as is practicable after the commencement of this section, establish and maintain a register to be known as the Register of Monuments.

(2) (a) Subject to paragraph (b), the Register shall be in the form of an electronic database which is easily accessible to members of the public through public telecommunications networks.

(b) The Register may also be in such other form or forms (if any) as the Minister thinks appropriate.

(3) Subject to subsections (7) and (10), the Minister shall enter in the Register particulars of—

(a) such relevant things of a relevant interest known to the Minister as he or she is of the opinion are appropriate to be entered in the Register, and

(b) such prescribed monuments known to the Minister as he or she is of the opinion are appropriate to be entered in the Register.

(4) (a) Where the Minister enters particulars of a prescribed monument or relevant thing of a relevant interest in the Register, he or she may, at the same time or subsequently, also enter with them particulars of such area surrounding such monument or thing (in this subsection referred to as the “surrounding area”) as the Minister considers reasonably necessary to secure the protection of the monument or thing, including the protection of—

(i) the monument’s or thing’s amenities, and

(ii) any other prescribed monument or relevant thing of a relevant interest which, taking into account the type of monument or thing which the first-mentioned monument or thing, as the case may be, is, it would be reasonable to consider might be in the vicinity of the first-mentioned monument or thing.

(b) The surrounding area shall become part of the prescribed monument or relevant thing of a relevant interest which it surrounds immediately upon the entry in the Register, pursuant to paragraph (a), of the particulars of the surrounding area.

(5) Without prejudice to the generality of subsection (4), the Minister may, for the purposes of determining an area referred to in that subsection the particulars of which are to be entered in the Register together with particulars of a prescribed monument or relevant thing of a relevant interest, take into account—

(a) the topographical features (whether natural or otherwise) in the area in which the monument is situated, and

(b) boundaries (whether apparent on the ground or otherwise).

(6) (a) The Minister may make the same prescribed monument or relevant thing of a relevant interest the subject of 2 or more entries in the Register where—

(i) it is not clear that such monument or thing is one such monument or thing or 2 or more such monuments or things, or

(ii) to do so assists applying special protection to such monument or thing.

(b) The Minister may make 2 or more prescribed monuments or relevant things of a relevant interest the subject of one entry in the Register where—

(i) it is not clear that such monuments or things are 2 or more such monuments or things or a lesser number of such monuments or things, or

(ii) to do so assists applying special protection to such monuments or things.

(7) The Minister shall, in forming an opinion for the purposes of subsection (3) ABOUT A PRESCRIBED MONUMENT OR RELEVANT THING OF a RELEVANT INTEREST, have regard to the following matters in so far as they are relevant to such monument or thing:

(a) the level of archaeological, architectural, historic or cultural interest of the monument or thing;

(b) the physical integrity of the monument or thing;

(d) the likelihood of the monument or thing, if it were to become a registered monument, being protected in situ;

(e) the extent to which the monument or thing is subject to protection under any other enactment.

(8) Nothing in subsection (7) shall of itself be construed as preventing the Minister from entering particulars of a prescribed monument or relevant thing of a relevant interest in the Register.

(9) Where the Minister proposes to enter particulars of a relevant thing of a relevant interest or prescribed monument in the Register and is of the opinion that the proposal may have significance to another state, he or she may, at his or her discretion, consult with an authority in that state, being an authority that has responsibilities as regards historic heritage in that state, in order to ascertain the authority’s views (if any) on the proposal.

(10) The reference in subsection (3)(b) to “such prescribed monuments known to the Minister” shall be construed to include a reference to “such sites where the Minister reasonably believes that there are, or may be, prescribed monuments there”, and the other provisions of this Act shall be construed accordingly.

15. Provisions supplementary to section 14

15. (1) The Minister shall, when entering particulars of a prescribed monument or relevant thing of a relevant interest in the Register, include in the Register—

(a) a statement—

(i) as to the type of monument or thing which the monument or thing is or may be, in so far as that is ascertainable at that time,

(ii) as to the site of the monument or thing,

(iii) if special protection is being applied to the monument or thing pursuant to section 20(1), that special protection is being applied to the monument or thing, and

(iv) if the Minister has actual knowledge that special protection is deemed to be applied to the monument or thing pursuant to section 24(1), that special protection is deemed to be applied to the monument or thing,

and

(b) such cartographic information as the Minister considers appropriate to identify, or assist in identifying, the site of the monument or thing.

(2) The Minister may, in respect of a registered monument, include a statement in the Register that any structures, features or deposits on, under, above, within or adjacent to the monument, identified in such manner as the Minister considers appropriate in that statement—

(a) are the sole or exclusive extent of that monument, or

(b) are not part of that monument.

(3) In any proceedings relating to a registered monument in respect of which a statement referred to in subsection (2) has been made—

(a) if paragraph (a) of that subsection is applicable, any structures, features or deposits which are not referred to in that statement as being the sole or exclusive extent of the monument shall not be part of that monument for the purposes of those proceedings, and

(b) if paragraph (b) of that subsection is applicable, any structures, features or deposits which are referred to in that statement as not being part of the monument shall not be part of that monument for the purposes of those proceedings.

(4) The Minister shall, in the Register, assign a unique registration number to a registered monument.

(5) The Minister may, in the Register, assign a unique group registration number to a group of 2 or more registered monuments, in addition to the respective registration numbers of the monuments.

(6) In any proceedings relating to a registered monument or group of 2 or more registered monuments, any number assigned under this section to the monument or group of monuments, as the case may be, may be used to identify that monument or group of monuments for the purposes of the proceedings.

(7) Where the Minister has actual knowledge that special protection is deemed to be applied to a registered monument pursuant to section 24(1), the Minister shall, as soon as is practicable after attaining such knowledge, include in the Register a statement that special protection is deemed to be applied to the monument.

(8) Sections 22 and 23 shall not apply to a Register action referred to in subsection (7).

16. Matters to be taken into account by Minister in performing any function under section 14 or 15

16. The Minister shall, in performing his or her functions under section 14 or 15, take into account—

(a) the results of surveys, inventories and inspections that have been carried out under this Act, and

(b) any other information available to the Minister (including preliminary reports or returns under section 13) that he or she considers appropriate to have regard to for the purposes of performing such functions.

17. Minister may amend or delete particulars entered in Register, etc.

17. (1) Subject to subsection (2), the Minister may amend or delete any particulars entered in the Register.

(2) Sections 14 to 16 shall, with all necessary modifications, apply to an amendment or deletion of particulars entered in the Register that the Minister proposes to make or has made as those sections apply to particulars that the Minister proposes to enter or has entered in the Register.

(3) Any reference in this Act to the entering of particulars in the Register includes a reference to the amendment of particulars entered in the Register or the deletion of particulars entered in the Register, or both.

(4) Any reference in this Act to an amendment to, or a deletion from, the Register includes a reference to, respectively, an amendment to, or a deletion from, cartographic information associated with the Register pursuant to section 15(1)(b).

(5) Where the Minister is minded to take a Register action which, if taken, will cause a registered monument to cease to be a registered monument, he or she shall—

(a) consult with the Council to seek its views (if any) on the action,

(b) have regard to those views (if any) in deciding whether or not to take the action, and

(c) if the Minister takes that action (or another Register action in substitution therefor) contrary to those views (if any), publish, on the website of the Department, a reasoned response to those views.

(6) The Council may, for the purposes of forming any views referred to in subsection (5)(a), consult with such public authorities or other persons as it thinks fit.

18. Promotion of public awareness of Register

18. (1) The Minister may promote public awareness of the Register in such manner as he or she considers appropriate.

(2) For the purposes of subsection (1), the Minister may co-operate with, assist and encourage such persons as he or she considers appropriate to also be involved in promoting public awareness of the Register.

Chapter 4

19. Register actions

19. (1) Subject to subsection (6), the Minister shall give notice of a Register action in one or more than one of the following ways as he or she considers appropriate:

(a) subject to subsection (2), by giving a notice to the owner of the land on which the Register action monument is situated—

(i) containing or accompanied by a map which shows where the monument is situated,

(ii) specifying whether the monument is a monument to which general protection applies or a monument to which special protection applies or, in a case where all the particulars of the monument have been deleted from the Register, specifying that the monument has ceased to be a registered monument, and

(iii) containing such other information (if any) in respect of the Register action or the monument, or both, as the Minister considers appropriate;

(b) by publishing, in a national newspaper, a notice stating that a notice (in this Act referred to as a “general list notice”), complying with subsection (8) and relating to the geographical area to which the Register action relates, has been made available, by the Minister, for inspection by members of the public—

(i) on the website of the Department, and

(ii) at such relevant sites, in that geographical area, specified by the Minister in the national newspaper notice as the Minister considers appropriate;

(c) subject to subsection (4), if the Register action monument is situated in a geographical area that is the subject of a general list notice, by publishing, in a national newspaper, a notice stating that a notice (in this Act referred to as a “revised general list notice”) complying with subsection (9) and relating to that Register action and that geographical area, has been made available, by the Minister, for inspection by members of the public—

(i) on the website of the Department, and

(ii) at such relevant sites, in that geographical area, specified by the Minister in the national newspaper notice as the Minister considers appropriate.

(2) Where the Minister is unable to give a specific notice to the owner of land because the identity and whereabouts of the owner are unknown, the Minister shall, as soon as is practicable after deciding that he or she is so unable, publish the notice (including the relevant map if the map is not contained in the notice) in a national newspaper.

(3) The Minister may, as soon as is practicable after giving a specific notice to the owner of land, publish the notice (including the relevant map if the map is not contained in the notice) in Iris Oifigiúil but any information concerning the name, address, telephone number or place of employment of the owner shall be redacted from the notice.

(4) For the purposes of paragraph (c) of subsection (1)—

(a) a revision to a general list notice may be effected by means of a supplement to the notice, and

(b) the geographical area the subject of the revised general list notice may be a part only of the geographical area the subject of the general list notice provided that the Register action monument is situated in that part.

(5) None of the following shall prejudice the prior or future operation of a provision of this Act in respect of the Register action monument, be conclusive in respect of whether the monument is a monument to which general protection applies or a monument to which special protection applies, or be conclusive in respect of the extent of the monument, unless expressly provided to be so conclusive by another provision of this Act:

(a) the specific notice or general notice given in respect of the monument;

(b) a map contained in or accompanying the specific notice or general notice;

(d) information contained in a map contained in or accompanying the specific notice or general notice.

(6) Subject to subsection (2), the Minister shall give notice of a Register action by means of a specific notice if the Register action monument is a registered monument to which special protection applies pursuant to section 20(1).

(7) Where—

(a) a Register action causes the Register action monument to cease to be a registered monument, and

(b) the Minister gives notice of the Register action by means of a general list notice or revised general list notice,

no future general list notice or revised general list notice (including any map contained in or accompanying any such notice) relating to the geographical area in which the monument is situated needs to refer to the monument, or show where it is situated, unless it again becomes a registered monument.

(8) A general list notice the subject of a notice published by the Minister pursuant to subsection (1)(b) shall, in relation to the Register action and the geographical area to which it relates—

(a) list the registered monuments (including the Register action monument even if it has ceased to be a registered monument) situated, in whole or in part, in that area,

(b) contain or be accompanied by a map which shows where each of those monuments is situated,

(c) specify whether the Register action monument is a monument to which general protection applies or a monument to which special protection applies or, in a case where all the particulars of the monument have been deleted from the Register, specify that the monument has ceased to be a registered monument,

(d) contain such other information (if any) in respect of the Register action or the Register action monument, or both, as the Minister considers appropriate, and

(e) which is made available for the inspection referred to in that subsection for not less than 90 days commencing on the date that the notice is published in a national newspaper as required by that subsection.

(9) A revised general list notice the subject of a notice published by the Minister pursuant to subsection (1)(c) shall, in relation to the Register action and geographical area to which it relates, be a general list notice—

(a) revised to include or exclude the Register action monument (including any case where that monument has ceased to be a registered monument) amongst the registered monuments situated, in whole or in part, in that area,

(b) containing or accompanied by a map which shows where each of those monuments is situated,

(c) specifying whether the Register action monument is a monument to which general protection applies or a monument to which special protection applies or, in a case where all the particulars of the monument have been deleted from the Register, specifying that the monument has ceased to be a registered monument,

(d) containing such other information (if any) in respect of the Register action or the Register action monument, or both, as the Minister considers appropriate, and

(10) The Minister may, at his or her discretion, in addition to publishing, in relation to a Register action, a notice in a national newspaper pursuant to subsection (1)(b) or (c), also publish that notice in one or more than one newspaper (not being a national newspaper) circulating generally in the geographical area to which the Register action relates, whether in hard copy or electronic form, or both.

20. Minister’s discretion to apply special protection to Register action monument

20. (1) Subject to subsection (3), the Minister may, in a Register action, specify that section 30 applies to the Register action monument, including any case where—

(a) the Register action falls, whether in whole or in part, within paragraph (c) of the definition, in section 8, of “Register action”, or

(b) the Register action falls, in whole, within paragraph (c) of the definition, in section 8, of “Register action” and consists only of specifying that section 30 applies to the Register action monument.

(2) Subject to subsections (3) and (4), the Minister may, in a Register action, specify that section 30 has ceased to apply to the Register action monument, including any case where—

(a) the Register action falls, whether in whole or in part, within paragraph (c) of the definition, in section 8, of “Register action”, or

(b) the Register action falls, in whole, within paragraph (c) of the definition, in section 8, of “Register action” and consists only of specifying that section 30 has ceased to apply to the Register action monument.

(3) The Minister, in deciding whether or not to apply or cease to apply, pursuant to subsection (1) or (2) as appropriate, special protection to the Register action monument shall consider the interest, character, integrity, community or amenity value of the monument in terms of its archaeological, architectural or other historic heritage, taking into account whether the monument is, in terms of such heritage, of special or particular interest, character, integrity, community or amenity value, whether at a local, regional, national or international level.

(4) A Register action shall not specify that section 30 has ceased to apply to the Register action monument where the monument is—

(a) a national monument,

(b) a wreck referred to in section 135, or

21. General protection to be applied to all registered monuments, etc., to which special protection is not applied

21. Section 27 applies to—

(a) a registered monument which is not a registered monument to which special protection applies pursuant to section 20(1) or 24(1), and

(b) a prescribed monument (not being a registered monument).

22. Requirements, etc., regarding consultation on special protection

22. (1) Subject to section 15(8), Chapter 9 and sections 53 to 60, where the Minister proposes, by way of a Register action (in this Act referred to as a “potential Register action (section 22)”, to apply, or remove the application of, special protection to the potential Register action monument (section 22), he or she shall—

(a) subject to subsection (2), give notice of the potential Register action (section 22) (in this Act referred to as a “section 22 consultation notice”) to the owner of the land on which the monument is situated—

(i) containing or accompanied by a map which shows where the monument is situated,

(ii) specifying whether special protection is going to be applied to the monument or the special protection that applies to the monument is going to be removed (and, in the latter case, whether or not the potential Register action (section 22) would, if proceeded with, cause the monument to cease to be a registered monument by virtue of all the particulars of the monument being deleted from the Register), and

(iii) containing such other information (if any) in respect of the potential Register action (section 22) or the monument, or both, as the Minister considers appropriate,

(b) consider the representations in writing (if any) made to the Minister by the owner in respect of the potential Register action (section 22)—

(i) where such representations are so made before the expiration of the first 90 days of the 150 days referred to in subsection (3)(a), and

(ii) to the extent that the representations are not inconsistent with section 14(3) or (7) or 20,

and

(c) subject to subsections (2) and (7), after so considering such representations (if any), proceed or decline to proceed with the potential Register action (section 22) and give the owner notice in writing of his or her decision and the reasons therefor.

(2) Where the Minister is unable to give the section 22 consultation notice or a notice referred to in subsection (1)(c) to the owner of land because the identity and whereabouts of the owner are unknown, the Minister shall, as soon as is practicable after deciding that he or she is so unable, publish that notice (including, in the case of the section 22 consultation notice, the relevant map if the map is not contained in the notice) in a national newspaper.

(3) Where the Minister proposes, by way of a potential Register action (section 22), to apply special protection to the potential Register action monument (section 22), section 30 shall be deemed to apply to the monument from the date on which the Minister gives the section 22 consultation notice in respect of the potential Register action (section 22) until—

(a) 150 days after the giving of the notice,

(b) the Minister proceeds with the potential Register action (section 22),

(c) the Minister gives a notice referred to in subsection (1)(c) stating that he or she has declined to proceed with the potential Register action (section 22), or

(d) the monument becomes a national monument,

whichever first occurs.

(4) The interim special protection applied to the potential Register action monument (section 22) shall apply in place of the general protection (if any) applied to the monument immediately before the interim special protection was applied to the monument.

(5) The interim special protection applied to the potential Register action monument (section 22) shall not prejudice the operation of any licence granted in respect of the monument before such protection applied to the monument.

(6) The giving by the Minister of a notice referred to in subsection (1)(c) stating that he or she has declined to proceed with the potential Register action (section 22) shall not operate to prevent the Minister from deciding to implement the potential Register action (section 22) at a later date provided that the provisions of this section have again been complied with in respect of the potential Register action (section 22).

(7) Where the Minister is minded to take a potential Register action which, if taken, will remove the application of special protection to the potential Register action monument, he or she shall—

(a) publish, on the website of the Department, particulars of the action,

(b) consult with the Council to seek its views (if any) on the action,

(d) if the Minister takes that action (or another Register action in substitution therefor) contrary to those views (if any), publish, on the website of the Department, a reasoned response to those views.

(8) The Council may, for the purposes of forming any views referred to in subsection (7)(b), consult with such public authorities or other persons as it thinks fit.

(9) In this section, “interim special protection”, in relation to the potential Register action monument (section 22), means the special protection deemed to be applied to the monument pursuant to subsection (3).

23. Consultation on entering particulars of potential Register action monumentin Register where no special protection is intended to be applied to monument

23. (1) Subject to section 15(8), Chapter 9 and sections 53 to 60, 71 and 72, where the Minister proposes a Register action (in this Act referred to as a “potential Register action (section 23)”), he or she—

(a) shall give notice of the potential Register action (section 23) in one or more than one of the following ways as he or she considers appropriate:

(i) subject to subsection (2), by giving a notice (in this Act referred to as a “section 23 consultation notice”) to the owner of the land on which the potential Register action monument (section 23) is situated—

(I) containing or accompanied by a map which shows where the monument is situated,

(II) if the monument is a registered monument to which general protection applies, specifying whether or not the potential Register action (section 23) would, if proceeded with, cause the monument to cease to be a registered monument by virtue of all the particulars of the monument being deleted from the Register, and

(III) containing such other information (if any) in respect of the potential Register action (section 23) or the monument, or both, as the Minister considers appropriate;

(ii) by publishing, in a national newspaper, a notice (in this Act referred to as a “section 23 general list consultation notice”) stating that a draft of the general list notice that would be the subject of a national newspaper notice under paragraph (b) of section 19(1) if the Minister decided to proceed with the potential Register action (section 23) has been made available, by the Minister, for inspection by members of the public—

(I) on the website of the Department, and

(II) at such relevant sites, in the geographical area to which the potential Register action (section 23) relates, specified by the Minister in the section 23 general list consultation notice as the Minister considers appropriate;

(iii) by publishing, in a national newspaper, a notice (in this Act referred to as a “section 23 revised general list consultation notice”) stating that a draft of the revised general list notice that would be the subject of a national newspaper notice under paragraph (c) of section 19(1) if the Minister decided to proceed with the potential Register action (section 23) has been made available, by the Minister, for inspection by members of the public—

(I) on the website of the Department, and

(II) at such relevant sites, in the geographical area to which the potential Register action (section 23) relates, specified by the Minister in the section 23 revised general list consultation notice as the Minister considers appropriate;

(b) shall consider the representations in writing (if any) made to the Minister by the owner in respect of the potential Register action (section 23)—

(i) where such representations are so made before the expiration of the first 90 days of the 150 days referred to in subsection (3)(a), and

(ii) to the extent that the representations are not inconsistent with section 14(3) or (7) or 20,

and

(c) subject to subsections (2) and (6), shall, after so considering such representations (if any), proceed or decline to proceed with the potential Register action (section 23), or take such other action in respect of the potential Register action monument (section 23) (including action under section 22) as he or she thinks appropriate, and give the owner notice in writing of his or her decision and the reasons therefor.

(2) Where the Minister is unable to give the section 23 consultation notice or a notice referred to in subsection (1)(c) to the owner of land because the identity and whereabouts of the owner are unknown, the Minister shall, as soon as is practicable after deciding that he or she is so unable, publish that notice (including, in the case of the section 23 consultation notice, the relevant map if the map is not contained in the notice) in a national newspaper.

(3) Where general protection or special protection is not otherwise applied to the potential Register action monument (section 23), section 27 shall be deemed to apply to the monument from the date on which the Minister gives the section 23 consultation notice, or publishes the section 23 general list consultation notice or section 23 revised general list consultation notice, as the case may be, in a national newspaper in respect of the potential Register action (section 23) until—

(a) 150 days after the giving of the notice or such publication of the notice,

(b) the Minister proceeds with the potential Register action (section 23), or

(c) the Minister gives a notice referred to in subsection (1)(c) stating that he or she has declined to proceed with the potential Register action (section 23),

whichever first occurs.

(4) A potential Register action (section 23) relating to the deletion of all the particulars entered in the Register in respect of the potential Register action monument (section 23) shall not affect the general protection applied to the monument unless and until the Minister proceeds with the potential Register action (section 23).

(5) The interim general protection applied to the potential Register action monument (section 23) shall not prejudice the operation of any licence granted in respect of the monument before such protection applied to the monument.

(6) The giving by the Minister of a notice referred to in subsection (1)(c) stating that he or she has declined to proceed with the potential Register action (section 23) shall not operate to prevent the Minister from deciding to implement the potential Register action (section 23) at a later date provided that the provisions of this section have again been complied with in respect of the potential Register action (section 23).

(7) In this section, “interim general protection”, in relation to the potential Register action monument (section 23), means the general protection deemed to be applied to the monument pursuant to subsection (3).

Chapter 5

24. Special protection applied to registered monuments in ownership or guardianship of Minister or local authority

24. (1) Section 30 shall be deemed to apply to a registered monument in the ownership or guardianship of the Minister or a local authority where special protection does not otherwise apply to the monument.

(2) The Minister may, by notice published in Iris Oifigiúil or a national newspaper, give public notice of registered monuments to which subsection (1) applies where such monuments are in his or her ownership or guardianship.

(3) Where the Minister, in a notice referred to in subsection (2), identifies a registered monument to which subsection (1) applies by the use of a map, the map shall not be definitive as to the extent of the monument unless the Minister expressly states in that notice that it is so definitive.

(4) A local authority may, by notice published in Iris Oifigiúil or a national newspaper, give public notice of registered monuments to which subsection (1) applies where such monuments are in its ownership or guardianship.

(5) Where a local authority, in a notice referred to in subsection (4), identifies a registered monument to which subsection (1) applies by the use of a map, the map shall not be definitive as to the extent of the monument unless the local authority, with the consent of the Minister, expressly states in that notice that it is so definitive.

Chapter 6

25. Interpretation - Chapter 6

25. (1) In this Chapter—

“Act of 2011” means the Environment (Miscellaneous Provisions) Act 2011;

“applicant”, in relation to a relevant licence, means the person to whom the licence will relate if granted and notwithstanding that another person has made an application for the licence on behalf of the first-mentioned person;

“demolition”, in relation to a relevant monument to which special protection applies, does not include, in so far as any requirement for an EIA is concerned—

(a) archaeological excavation,

(b) works (including dismantling) carried out to the monument for the purpose of repairing, restoring or protecting the monument, or

(i) the repair of the monument,

(ii) the protection of the monument,

(iii) the preservation of the health or safety or welfare of members of the public, or

(iv) the provision of access, by members of the public, to the monument;

“EIA portal” means the website referred to in section 172A of the Act of 2000;

“EIAR” means environmental impact assessment report;

“European site” has the meaning assigned to it by Regulation 2 of the Habitats Regulations;

“proposed relevant works”, in relation to a notice under section 27(2)(b)(i), relevant licence, EIA or EIAR, means the proposed relevant works to which the notice, licence, EIA or EIAR, as the case may be, relates;

“regional assembly” means a body established in accordance with section 43 of the Local Government Act 1991;

“Regulations of 2011” means the European Communities (Environmental Impact Assessment) (Agriculture) Regulations 2011 (S.I. No. 456 of 2011);

“Regulations of 2017” means the Forestry Regulations 2017 (S.I. No. 191 of 2017);

“relevant application” means an application for the grant of a relevant licence;

“relevant licence” means a licence which, if granted, would result in relevant works;

“relevant monument” means the monument to which the relevant works, or proposed relevant works, relate;

“relevant opinion”, in relation to an EIAR, means the opinion (if any) given under section 34(6) by the Minister on the scope and level of detail of the information to be included in the EIAR;

“relevant works” means works at, on, in, under, to, or within the immediate surroundings of, a monument;

“screening determination for EIA” means a determination made under this Chapter as part of a screening for EIA;

“screening for EIA” means a determination made under this Chapter—

(a) as to whether proposed relevant works would be likely to have significant effects on the environment, and

(b) if the relevant works would be likely to have such effects, that an EIA is required;

“submissions” includes observations;

“Transboundary Convention” means the United Nations Economic Commission for Europe Convention on Environmental Impact Assessment in a Transboundary context, done at Espoo (Finland), on 25 of February 1991;

“Transboundary State” means any other state party to the Transboundary Convention or Member State.

(2) Section 149 applies to the interpretation of this Chapter as it applies to the interpretation of Part 7.

(3) A word or expression that is used in this Chapter has the same meaning as it has in the EIA Directive except as otherwise provided for in this Chapter or where the context otherwise requires.

26. Application - Chapter 6

26. (1) Subject to subsections (2) and (4), this Chapter applies to any (including any combination) of the following:

(a) a proposal by a person for the carrying out of relevant works;

(b) a proposal by a person to direct or authorise the carrying out of relevant works;

(d) the directing or authorising by a person of the carrying out of relevant works.

(2) (a) Subject to paragraph (b), this Chapter (apart from this subsection) does not apply to—

(i) the authorisation of a proposal for the carrying out of relevant works, or

(ii) the authorisation of the carrying out of relevant works,

where such authorisation (whether a licence, consent, approval, permission or other authorisation) is granted, issued or given under an enactment (other than this Act) only for the purpose of making lawful the doing of an act as part of, or pertaining to, such works which would otherwise, in the absence of such authorisation, be unlawful under that enactment.

(b) The disapplication, effected by paragraph (a), of this Chapter to an authorisation referred to in that paragraph shall not be construed to also disapply this Chapter to—

(i) the proposal for the carrying out of relevant works, or

(ii) the carrying out of relevant works,

to which that authorisation relates.

(3) Sections 32 to 41 shall only apply to relevant works where the person proposing to carry out, or carrying out, the works has not applied for the relevant authorisation for the works.

(4) Where—

(a) a licence, consent, approval, permission or other authorisation is required to be granted, issued or given under an enactment (not being the Act of 2000) for works to be carried out which may require an EIA, and

(b) the Minister is satisfied that—

(i) such works are capable (and without having regard to any particular case) of being relevant works, and

(ii) it is reasonable and proportionate to do so and compatible with the protection of monuments,

the Minister may prescribe such licence, consent, approval, permission or other authorisation for the purposes of paragraph (b) of the definition of “relevant authorisation” in subsection (5).

(5) In this section, “relevant authorisation” means—

(a) planning permission under the Act of 2000, or

(b) a licence, consent, approval, permission or other authorisation prescribed under subsection (4) for the purposes of this paragraph.

27. General protection and relevant works

27. (1) Subject to subsection (2) and section 29(4), a person shall not carry out relevant works where the relevant monument is a monument to which general protection applies, or direct or authorise the carrying out of such works, other than under and in accordance with a licence.

(2) (a) This subsection applies to relevant works other than relevant works—

(i) which require either—

(I) a licence by virtue of Part 6, or

(II) an AA necessitated by a provision of this Act,

(ii) which would require, if they were the subject of an application for a licence (even though no such application has for the time being been made), a screening determination for EIA or an EIA by virtue of section 34(2)(a).

(b) Subject to subsections (3) to (8), it shall not be a contravention of subsection (1) for a person to carry out relevant works, or direct or authorise the carrying out of the relevant works, without a relevant licence (including without making a relevant application for such licence) if—

(i) subject to paragraph (c), the person carrying out the relevant works, or directing or authorising the carrying out of the relevant works, has given the relevant days valid notice in writing to the Minister of his or her intention to carry out the relevant works, or direct or authorise the carrying out of the relevant works, as the case may be,

(ii) the relevant days referred to in subparagraph (i) have elapsed and the person has been given a notice under subsection (4)(b) stating that the notice referred to in subparagraph (i) is a valid notice, and

(iii) either—

(I) the relevant works are carried out in accordance with the conditions (if any) specified by the Minister under section 28(2)(a) or (4), or

(II) the person has been given a notice under section 28(2)(b) stating that the Minister has decided that the relevant works should not be subject to conditions.

(c) Subject to paragraph (d), a notice under paragraph (b)(i) from a person shall be deemed to be an application for consent referred to in paragraph (1) of Regulation 42 of the Habitats Regulations and, accordingly—

(i) subject to subsection (4)(c), the Minister shall, before giving the notice concerned under subsection (4)(b), carry out, in respect of that first-mentioned notice, a screening for AA (as construed in accordance with Part 5 of those Regulations) in accordance with paragraphs (6) and (7) of that Regulation,

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