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

(4) Nothing in subsection (3) shall operate to prejudice—

(a) any estate, right, title or interest in or over land existing immediately before the commencement of this Chapter other than such an estate, right, title or interest—

(i) vested in a public authority or local authority by the applicable enactments, or

(ii) vested in a public authority under an order made under the Ministers and Secretaries Acts 1924 to 2017 for the purposes of transferring functions under the applicable enactments,

(b) any encumbrance on land existing immediately before the commencement of this Chapter other than such an encumbrance wholly in favour of a public authority or local authority.

65. Minister’s power to vest certain burial grounds in Minister or local authority

65. (1) In this section, “section 65 burial ground” means a burial ground—

(a) situated in the State, and

(b) referred to, or entered, in Appendix No. 9 to the Report of the Church Temporalities Commission,

and includes any burial ground appurtenance.

(2) Subsection (3) applies to a section 65 burial ground—

(a) which is not, immediately before the commencement of this Chapter, a section 53 to 60 monument, or

(b) in respect of which the fee simple has not, at any time before the commencement of this Chapter, been vested in a person at a direction given pursuant to section 26(2) of the Act of 1869.

(3) Subject to subsection (4), the Minister may by order—

(a) vest in fee simple the land which comprises a section 65 burial ground in the Minister on the date specified in the order for the purpose and without any conveyance or assignment, or

(b) with the consent of the local authority in whose functional area a section 65 burial ground is situated, vest in fee simple the land which comprises the burial ground in that local authority on the date specified in the order for the purpose and without any conveyance or assignment,

and, in either case if the burial ground is a registered monument, section 24(1) shall apply to the burial ground accordingly.

(4) Nothing in an order under subsection (3) shall operate to prejudice—

(a) any estate, right, title or interest in or over land existing immediately before the order takes effect other than such an estate, right, title or interest—

(i) vested in a public authority by a provision of the Act of 1869 (other than section 25 or 26 of that Act),

(ii) vested in the Irish Land Commission by the Irish Church Act Amendment Act 1881,

(iii) vested in the Minister, within the meaning of section 1 of the Irish Land Commission (Dissolution) Act 1992, by that Act, or

(iv) vested in a public authority under an order made under the Ministers and Secretaries Acts 1924 to 2017 for the purposes of transferring functions under an Act referred to in subparagraph (i), (ii) or (iii),

(b) any encumbrance on land existing immediately before the order takes effect other than such an encumbrance wholly in favour of a public authority.

66. Provisions supplementary to sections 64 and 65

66. (1) Where—

(a) the fee simple in a relevant burial ground is vested in the Minister or local authority, and

(b) the burial ground is a registered monument,

then, for the purposes of this Act, the burial ground shall be a registered monument in the ownership of the Minister or local authority, as the case may be, and the other provisions of this Act relating to registered monuments in the ownership of the Minister or local authority, as the case may be, shall apply accordingly.

(2) A power under subsection (2) of section 26 of the Act of 1869 shall not be exercised in respect of a relevant burial ground which is a registered monument except with the consent of the Minister.

Chapter 14

67. Guardianship of certain registered monuments by Minister or local authority

67. (1) The Minister may, after consultation with the Commissioners, by order—

(a) appoint himself or herself as the guardian of a registered monument to which special protection applies pursuant to section 20(1) or 24(1), or

(b) at the request in writing of, or with the consent of, a local authority, appoint the local authority as the guardian of a registered monument to which special protection applies pursuant to section 20(1) or 24(1) and which is situated within its functional area.

(2) A monument guardianship order shall include a map defining the area the subject of that order.

(3) The Minister may—

(a) by a further monument guardianship order, extend or reduce the area of the guardianship monument, or

(b) by order, revoke a monument guardianship order.

(4) The Minister shall give notice in writing of the making, amendment or revocation of a monument guardianship order to the owner (if any) of the land on which the guardianship monument is situated as soon as is practicable after the making, amendment or revocation, as the case may be, of the order.

(5) Subject to subsection (6), where the Minister proposes to make or revoke a monument guardianship order, he or she shall give notice in writing of the proposal to the owner (if any) of the land on which the registered monument or guardianship monument concerned, as the case may be, is situated and, before deciding whether or not to proceed with the proposal, consider any submissions made by the owner within the period specified in the notice for receiving such submissions.

(6) The Minister may make a monument guardianship order without complying with subsection (5) if he or she is of the opinion that the registered monument concerned is in immediate danger, whether through decay, deterioration or otherwise.

(7) A decision by the Minister not to proceed with a proposal referred to in subsection (5) shall not of itself operate to prevent a future decision to proceed with such proposal or a substantially similar proposal.

Chapter 15

68. Definition - Chapter 15

68. In this Chapter, “guardianship monument”, in relation to a monument guardianship order, means the registered monument the subject of the order.

69. Transitional provisions applicable to certain national monuments subject to order under section 9(2) of Act of 1930

69. (1) In this section—

“section 69 monument”, in relation to a section 69 order, means the national monument that is the subject of that order immediately before the commencement of this section;

“section 69 order” means an order under section 9(2) of the Act of 1930 that is in force immediately before the commencement of this section.

(2) On the commencement of this section—

(a) a section 69 order shall be deemed to be a monument guardianship order with the Minister appointed as the guardian of the section 69 monument, and

(b) the section 69 monument shall be deemed to be both a registered monument and the guardianship monument,

and the other provisions of this Act (including sections 24(1) and 67(3)) shall apply accordingly.

70. Transitional provisions applicable to certain ancient monuments subject to order under section 15 of Act of 1925

70. (1) In this section—

“section 70 monument”, in relation to a section 70 order, means the ancient monument that is the subject of that order immediately before the commencement of this section;

“section 70 order” means an order under section 15 of the Act of 1925 that is in force immediately before the commencement of this section.

(2) On the commencement of this section—

(a) a section 70 order shall be deemed to be a monument guardianship order with the Minister appointed as the guardian of the section 70 monument, and

(b) the section 70 monument shall be deemed to be both a registered monument and the guardianship monument,

and the other provisions of this Act (including sections 24(1) and 67(3)) shall apply accordingly.

71. Transitional provisions applicable to certain national monuments subject to certain deeds

71. (1) In this section—

“section 71 deed” means a deed—

(a) made under section 5 of the Act of 1930, or

(b) referred to in section 6 of the Act of 1930,

that is in force immediately before the commencement of this section;

“section 71 deed (local authority)” means a section 71 deed which appoints a local authority as the guardian of the section 71 monument;

“section 71 monument”, in relation to a section 71 deed, means the national monument that is the subject of that deed immediately before the commencement of this section, and includes, in the case of a national monument referred to in section 6 of the Act of 1930, any such monument which, before 26 February 1930, was an ancient monument to which the Ancient Monuments Protection Acts applied.

(2) Subject to section 72, on the commencement of this section—

(a) a section 71 deed (other than a section 71 deed (local authority)) shall be deemed to be a monument guardianship order with the Minister appointed as the guardian of the section 71 monument, and

(b) the section 71 monument shall be deemed to be both a registered monument and the guardianship monument,

and the other provisions of this Act (including sections 24(1) and 67(3)) shall apply accordingly.

(3) Subject to section 72, on the commencement of this section—

(a) a section 71 deed (local authority) shall be deemed to be a monument guardianship order with the local authority in whose functional area the section 71 monument is situatedappointed as the guardian of the monument, and

(b) the section 71 monument shall be deemed to be both a registered monument and the guardianship monument,

and the other provisions of this Act (including sections 24(1) and 67(3)) shall apply accordingly.

72. Provisions supplementary to section 71

72. (1) Notwithstanding section 71 and the repeal of the Act of 1930 effected by section 7 but subject to subsection (2), the following provisions shall apply:

(a) a person who would have been entitled—

(i) under paragraph (c) of subsection (3) of section 5 of the Act of 1930 to terminate a deed made under that section 5, or

(ii) under paragraph (c) of section 6 of the Act of 1930 to terminate a deed referred to in that section 6,

may, by notice in writing given to the Minister, request the Minister to revoke the monument guardianship order concerned referred to in section 71(2)(a) or (3)(a) from a date specified in the notice, being a date not less than 2 months after the Minister is given the notice and the Minister shall comply with the request;

(b) any conditions or restrictions specified in a section 71 deed (within the meaning of section 71(1)) shall continue to have effect and shall bind the Minister or local authority concerned, including in the performance of any functions under this Act relating to nationalmonuments;

(c) the Minister or local authority concerned shall not, in respect of a registered monument the subject of a deed referred to in section 6 of the Act of 1930, perform any function under this Act so as to allow or promote public access to the monument other than with the consent of the owner of the monument given by that deed or otherwise.

(2) (a) Subsection (1) shall not be construed to prevent the Minister from making or revoking a monument guardianship order in respect of a section 71 monument (within the meaning of section 71).

(b) Where the Minister makes a monument guardianship order in respect of a section 71 monument (within the meaning of section 71), paragraphs (b) and (c) of subsection (1) shall cease to bind the Minister or local authority concerned in respect of that monument unless the Minister otherwise specifies in the order.

Chapter 16

73. Application of Chapter 16

73. (1) Subject to subsection (2), this Chapter applies to a registered monument in the ownership or guardianship of the Minister or a local authority pursuant to the operation of a provision of this Act.

(2) The Minister may, after consultation with the Commissioners, by order, specify that, on and from a date specified in the order, this Chapter applies to a registered monument specified in the order in the ownership of the Minister otherwise than pursuant to the operation of a provision of this Act and, accordingly, this Chapter shall apply to that monument on and from that date.

(3) The Minister may, after consultation with a local authority, by order, specify that, on and from a date specified in the order, this Chapter applies to a registered monument specified in the order in the ownership of the local authority otherwise than pursuant to a provision of this Act and, accordingly, this Chapter shall apply to that monument on and from that date.

74. Definitions - Chapter 16

74. In this Chapter—

“charges” includes fees;

“nationalmonument” means a monument to which this Chapter applies by virtue of section 73;

“national monument (LA)”, in relation to a local authority, means a national monument in the ownership or guardianship of that authority;

“national monument (M)”, in relation to the Minister, means a national monument in the ownership or guardianship of the Minister;

“ownership”, in relation to a national monument, includes any estate, right, title or interest held by the Minister or a local authority in the monument or in or over the land on which the monument is situated, or both, as appropriate, pursuant to the exercise by the Minister or authority, as the case may be, of the Minister’s or authority’s power under section 51(3);

“relevant authority”, in relation to a national monument, means (other than in Chapter 18) whichever of, subject to section 78(3), the Minister or a local authority has the ownership or guardianship of that monument.

75. Maintenance and presentation of national monuments

75. (1) Subject to subsection (2), it shall be the duty of the relevant authority, in so far as may be practicable, to maintain the archaeological, architectural, historic and cultural interest of a national monument.

(2) Subsection (1) shall not prevent or restrict the doing of any act which results in the loss, whether in whole or part, of the interest referred to in that subsection of a national monument where, in the opinion of the relevant authority—

(a) it is justified on substantial and appropriate research grounds, or

(b) it is justified on substantial public interest grounds.

(3) The relevant authority may do all or any of the following in respect of a national monument:

(a) protect the monument;

(b) subject to subsection (4), present the monument to the public, including provide visitor access and facilities, subject to such conditions, restrictions, prohibitions or charges as the authority may determine regarding—

(i) entry into or onto the monument by persons generally or any particular person or class of persons, or

(ii) the conduct of persons generally or any particular person or class of persons at, in, on or in the vicinity of the monument;

(c) undertake, or cause to be undertaken, any works necessitated by or ancillary to any act or other matter which falls within paragraph (a) or (b).

(4) In determining any conditions, restrictions, prohibitions or charges for the purposes of paragraph (b) of subsection (3), the relevant authority may take into account any matters relating to the protection of the national monument, the safety or welfare of the public, the enjoyment by the public of the monument or the opinions (if any) of the owner of the land on which the monument is situated.

(5) Where the relevant authority is satisfied that it is necessary for the protection of a national monument, or is otherwise required on substantial public interest grounds, the relevant authority may move the monument to a site where its protection may be more effectively secured.

(6) (a) Where it is satisfied that to do so would be compatible with subsection (1), the relevant authority may enter into an agreement in writing (in this subsection referred to as a “relevant agreement”) with the owner of a national monument of which the relevant authority is guardian that the maintenance (or any aspect of the maintenance) of the national monument shall be undertaken by the owner or any other person.

(b) The conditions which may be contained in a relevant agreement include conditions relating to responsibility for the costs of maintenance (or any aspect of the maintenance), the duration of the agreement and whether the agreement applies to all of the national monument or any part of it.

(d) A local authority shall not enter into a relevant agreement without the consent of the Minister.

(e) Where a relevant agreement is in force for the time being in respect of a national monument (M), the functions of the Commissioners under section 80 shall stand modified appropriately.

(f) A relevant agreement shall (subject to any conditions relating to the duration of the agreement) be binding on the parties to it and their successors (including successors in title) but may be revoked by the relevant authority if it appears necessary to do so in order to ensure compliance with subsection (1) or is otherwise necessary in order to secure the protection of the national monument.

(g) A local authority shall exercise its power under paragraph (f) to revoke an agreement in respect of a national monument (LA) if directed to do so by the Minister, but the Minister shall not issue such a direction unless he or she is satisfied that it is necessary to do so in order to ensure compliance with subsection (1) or is otherwise necessary in order to secure the protection of the national monument.

(h) An agreement in writing entered into under section 12(2) of the Act of 1930 which is in force immediately before the commencement of this section shall, on and after such commencement, be deemed to be a relevant agreement and the other provisions of this section shall, with all necessary modifications, be construed accordingly.

(i) Nothing in this subsection shall prejudice section 30.

(j) This subsection is without prejudice to the entitlement of a relevant authority or the Commissioners to enter into contracts for the provision of services.

76. Powers of certain officers

76. (1) Subsection (2) applies where it appears to an authorised officer that a person, in relation to a national monument—

(a) has acted, or is acting, in contravention of any condition, restriction or prohibition made or imposed under section 75(3), or

(b) has failed to pay any charge payable under that section.

(2) (a) The authorised officer may direct the person to do any, or any combination of, the following:

(i) to comply with the condition, restriction or prohibition concerned;

(ii) to pay the charge concerned;

(iii) to provide his or her name and address to the officer;

(iv) to leave the monument or the vicinity of the monument.

(b) The person shall comply with a direction given under paragraph (a) to him or her.

(c) An authorised officer may request proof of identity of a person to whom he or she has given a direction under paragraph (a)(iii) where the officer has reasonable grounds for believing that the name or address, or both, provided pursuant to that direction is false or misleading.

(d) The person shall comply with a request made under paragraph (c) of him or her.

(e) In paragraph (c), “proof of identity”, in relation to a person, means—

(i) a driving licence,

(ii) a passport,

(iii) a student identity card from a school, recognised university, higher education institution or other education and training facility or from an equivalent school, university, institution or facility outside the State,

(iv) an age card issued by An Garda Síochána,

(v) an Irish residence permit issued by the Department of Justice,

(vi) a national identity card issued by a state other than the State, or

(vii) any other official document which includes in it a photograph of the person issued by or on behalf of the State or a state other than the State.

77. Grant of lease or licence in respect of national monument

77. (1) In so far as is compatible with the requirements of section 75(1) and (2), the Minister may grant a lease or licence (not being a licence granted under section 151) in respect of land comprising a national monument (M).

(2) In so far as is compatible with the requirements of section 75(1) and (2), a local authority may, with the consent of the Minister, grant a lease or licence (not being a licence granted under section 151) in respect of land comprising a national monument (LA).

78. Construction of functions conferred on relevant authority by this Chapter

78. (1) The performance of functions conferred on the relevant authority by this Chapter shall be subject to any provisions of this Act specifying requirements that any act or other matter be done under and in accordance with a licence, except as otherwise provided in this Act.

(2) The functions conferred on the relevant authority by this Chapter are in addition to, and not in substitution for, any functions conferred on the authority under any other enactment or otherwise.

(3) Where, in relation to a particular national monument, a question arises between the Minister and a local authority as to which of them is the relevant authority in relation to that monument, the Minister, after—

(a) having consulted with the authority and the Commissioners on the question, and

(b) having regard to—

(i) the views respectively of the authority and the Commissioners on the question, and

(ii) the nature of the estate, right, title or interest respectively held by the Minister and the authority in the monument or in or over the land on which the monument is situated, or both, as appropriate,

shall, by notice published in Iris Oifigiúil, decide the question and the Minister’s decision shall be final.

Chapter 17

79. Definitions - Chapter 17

79. In this Chapter—

“bye-law maker” means—

(a) the Commissioners, or

(b) a local authority;

“bye-laws” means—

(a) if the bye-law makers are the Commissioners, bye-laws under section 81(1), and

(b) if the bye-law maker is a local authority, bye-laws under section 81(2);

“event” includes any gathering, meeting, market, concert, festival, ceremony, celebration or commemoration;

“vehicle” includes any form of vehicle intended or designed for use on land or water or in the air and whether or not mechanically propelled.

80. Functions of Commissioners in respect of national monuments (M)

80. (1) In this section—

“Chapter 16 function” means a function conferred on the Minister under Chapter 16;

“conditions” includes terms;

“other operations”, in relation to a national monument (M), includes the undertaking of work relating to the protection or presentation of the monument, the construction or maintenance of visitor facilities and the organising or holding of events and other activities, but does not include the day-to-day operation of the monument in so far as such operation falls within subsection (2).

(2) Subject to section 75(6), a Chapter 16 function shall, in so far as it relates to the day-to-day operation of a national monument (M), be performed by the Commissioners.

(3) (a) The Commissioners shall, in the performance by them of Chapter 16 functions under subsection (2), have regard to the Minister’s policies and priorities in so far as those policies and priorities relate to such functions.

(b) The Minister shall, in setting or revising his or her policies or priorities referred to in paragraph (a), consult with the Commissioners.

(4) Where a question arises between the Minister and the Commissioners as to whether the performance of a Chapter 16 function relates to the day-to-day operation of a national monument (M), the Minister, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, shall decide the question and the Minister’s decision shall be conclusive.

(5) The Commissioners shall carry out, or cause to be carried out, such other operations in relation to a national monument (M) as may be agreed in writing between the Commissioners and the Minister with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform and in accordance with such conditions in writing as may be agreed between the Commissioners and the Minister with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform.

(6) (a) The Commissioners shall provide such further services to the Minister in connection with the performance of his or her functions under this Act as may be agreed between the Commissioners and the Minister with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform and in accordance with such conditions in writing as may be agreed between the Commissioners and the Minister with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform.

(b) Without prejudice to the generality of paragraph (a), the reference in that paragraph to “services” includes services relating to the valuation of land or the acquisition or disposal of land, or both.

(7) Nothing in this section derogates from, or in any way affects, the functions of the Minister or any other person, under this Act or otherwise, in respect of the granting of licences (whether licences under this Act or any other form of licence) or leases.

(8) The performance of functions by the Commissioners under this section shall be subject to any provisions of this Act specifying requirements that an activity or works be done under and in accordance with a licence, except as otherwise provided in this Act.

(9) The Commissioners shall provide the Minister with such information as he or she may require regarding any thing done or proposed to be done by them under this section.

(10) The functions conferred on the Commissioners by this section are in addition to, and not in substitution for, any functions conferred on them under any other enactment or a rule of law.

81. Protection of national monuments and members of public

81. (1) The Commissioners may, with the consent of the Minister, make bye-laws for the purposes of any of the following:

(a) the protection, management or control of national monuments (M) and their amenities;

(b) the protection of the safety of members of the public at, in, on or in the vicinity of national monuments (M).

(2) The local authority concerned may, with the consent of the Minister, make bye-laws for the purposes of any of the following:

(a) the protection, management or control of national monuments (LA) and their amenities;

(b) the protection of the safety of members of the public at, in, on or in the vicinity of national monuments (LA).

(3) Bye-laws may be made generally or in respect of particular classes of national monuments or in respect of a particular monument.

(4) Every bye-law made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the bye-law is passed by either such House within the next 21 days on which that House has sat after the bye-law is laid before it, the bye-law shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

82. Matters on which bye-laws may be made under section 81

82. (1) Without prejudice to the generality of section 81, bye-laws may, in respect of the national monuments to which they apply, relate to all or any of the following:

(a) the regulation of any activity, including any event or any class of event, or any aspect of an event at, in, on, or in the vicinity of the monuments;

(b) the regulation of all aspects of access to the monuments, including, but not restricted to, the closure, prohibition or restriction of access, whether generally or by reference to specified classes of persons and whether on a quantitative or any other basis, and the imposition of charges for access, whether by land, water or air;

(c) the regulation of transport whether land-borne, water-borne or air-borne to, from or within the monuments, including the imposition of charges on any person providing such transport or the restriction or prohibition of such transport, whether on a quantitative or any other basis;

(d) the preservation of public order at, in, on, or in the vicinity of the monuments, including the restriction or prohibition of the possession, use, sale or consumption of any thing or the restriction or prohibition of any violent, offensive, threatening or indecent behaviour;

(e) the prevention, prohibition or removal of any nuisance or obstruction at, in, on or in the immediate vicinity of the monuments, including the subsequent disposal of any thing so removed;

(f) the control of animals, or any specified class of animals, at, in, on or in the immediate vicinity to the monuments, including restrictions or prohibitions, whether on a quantitative or any other basis, on the bringing of any specified class of animals into or onto the monuments or any requirement that an animal so brought must be kept under control by the person so bringing it or be subject to any specified form of restraint or be prevented by such person from doing any specified thing or that the person so bringing it be required to remove any waste produced by such animal;

(g) the management of traffic, whether on land, water or in the air, at, in, on or in the vicinity of the monuments, including—

(i) the control of the movement or use of any vehicles or any class of vehicles,

(ii) the restriction or prohibition of the parking, mooring or landing of vehicles or any class of vehicle,

(iii) the immobilisation, removal or impounding of any vehicle parked, moored, landed or otherwise located in contravention of any such bye-laws,

(iv) the subsequent disposal of any vehicle so immobilised, removed or impounded, whether by sale, scrapping or otherwise, or

(v) the imposition of charges on the owner, driver or other person in control of any vehicle for failure to adhere to any bye-laws made under this paragraph or payable as a condition for the release or return of any immobilised, removed or impounded vehicle;

(h) the granting by the bye-law maker of a licence authorising the doing of any thing which would otherwise be a contravention of the bye-laws, subject to such conditions as may be determined by the bye-law maker.

(2) A person shall not do a thing referred to in subsection (1)(h) except under and in accordance with a licence referred to in that subsection.

83. Provisions supplementary to sections 81 and 82

83. (1) Bye-laws may specify exemptions or exclusions from any requirements or prohibitions of the bye-laws.

(2) The bye-law maker shall consult the Minister for Transport, the Commissioner of An Garda Síochána and any other public authority or local authority responsible for transport or traffic management in the area in which the bye-laws, if made, would have effect.

(3) The making of bye-laws under section 81(2) shall be a reserved function (within the meaning of section 2 of the Act of 2001) of the local authority concerned.

(4) The provisions of this Chapter relating to the making of bye-laws under section 81(2) shall apply notwithstanding any other statutory provision regarding the making of bye-laws by local authorities.

(5) Bye-laws made under this Chapter shall have effect notwithstanding that bye-laws or regulations made under another enactment relate to, or are intended to have effect in respect of, a national monument.

(6) (a) For the purposes of ensuring compliance with a bye-law, an authorised officer may give directions to a person in control of a vehicle regarding the movement, removal or re-location of the vehicle.

(b) The person shall comply with a direction given to him or her under paragraph (a).

(7) Nothing in this section shall have effect so as to prevent or restrict the exercise of any other powers, whether under an enactment or rule of law, whereby—

(a) the entry of any person or any class of persons onto or into national monuments, or

(b) the conduct of any person at, in, on or in the vicinity of a national monument,

may be prohibited, restricted, controlled or made subject to conditions.

84. Display of bye-laws, etc.

84. (1) (a) Subject to paragraphs (b) and (c), bye-laws shall be displayed at the national monument to which they relate in such manner as the bye-law maker considers best adapted for giving information to the public.

(b) Where a bye-law applies to all national monuments (M), the bye-law maker does not have to comply with paragraph (a) if it has published the bye-law in Iris Oifigiúil.

(c) Where a bye-law applies to all national monuments (LA), the bye-law maker does not have to comply with paragraph (a) in the case of such bye-law if it has published the bye-law in Iris Oifigiúil.

(2) The bye-law maker shall give a copy of the bye-laws to any person applying for them on payment of such reasonable charge (if any) being a charge (not exceeding the reasonable cost of making the copy) as fixed by the bye-law maker.

(3) Subsection (1)(a) shall not be construed to prevent the bye-law maker from promulgating the bye-laws in such other ways (whether by publishing the bye-laws in Iris Oifigiúil or on the bye-law maker’s website or otherwise) as the bye-law maker thinks appropriate to bring the bye-laws to the attention of the public.

(4) A document which purports to be a copy of bye-laws, and which has endorsed on it a certificate purporting to be signed by the bye-law maker, or an officer of the bye-law maker authorised in that behalf, stating that the document is a true copy of the bye-laws and that the bye-laws were in force on a specified day, shall, without proof of the signature of the bye-law maker or such officer or that such officer was in fact such officer so authorised, be evidence, until the contrary is shown, in every court and in all legal proceedings, of the bye-laws and of the fact that they were in force on that day.

85. Powers of authorised officers

85. (1) Subsection (2) applies where it appears to an authorised officer that a person, in relation to a national monument—

(a) has acted, or is acting, in contravention of any bye-law, or

(b) has failed to pay any charge payable under any bye-law.

(2) (a) The authorised officer may direct the person to do any, or any combination of, the following:

(i) to comply with the bye-law concerned;

(ii) to pay the charge concerned;

(iii) to provide his or her name and address to the officer;

(iv) to leave the monument or the vicinity of the monument.

(b) A person to whom a direction is given under paragraph (a) shall comply with the direction.

(d) The person shall comply with a request made under paragraph (c) of him or her.

(e) In paragraph (c), “proof of identity”, in relation to a person, means—

(i) a driving licence,

(ii) a passport,

(iv) an age card issued by An Garda Síochána,

(v) an Irish residence permit issued by the Department of Justice,

(vi) a national identity card issued by a state other than the State, or

(vii) any other official document which includes in it a photograph of the person issued by or on behalf of the State or a state other than the State.

Chapter 18

86. Definitions - Chapter 18

86. In this Chapter—

“relevant authority”, in relation to a relevant offence, means whichever of the Minister or a local authority has the ownership or guardianship of the national monument to which the offence relates;

“relevant offence” means—

(a) a failure to comply with a direction given under section 76(2),

(b) a contravention of a bye-law made under section 81 and which is stated to be a penal bye-law,

(d) a failure to comply with a direction given under section 83(6), or

(e) a failure to comply with a direction given under section 85(2).

87. Authorised officers

87. (1) The Commissioners may (or, if directed in writing by the Minister to do so, shall), in relation to a national monument (M), appoint any officer of the Commissioners to be an authorised officer for the purposes of—

(a) giving and ensuring compliance with a direction under section 76(2) which relates to the monument,

(b) ensuring compliance with bye-laws within the meaning of section 79 which relate to the monument,

(d) giving and ensuring compliance with a direction under section 83(6) which relates to the monument, and

(e) giving and ensuring compliance with a direction under section 85(2) which relates to the monument.

(2) The Commissioners shall furnish an officer appointed under subsection (1) as an authorised officerwith a certificate of his or her appointment and the authorised officer shall, when performing a function conferred on him or her under this Part in relation to the national monument (M) to which his or her appointment relates, if requested to do so by any person thereby affected, produce the certificate or a copy of it to that person for inspection.

(3) A local authority may, in relation to a national monument (LA), appoint any officer of the local authority to be an authorised officer for the purposes of—

(a) giving and ensuring compliance with a direction under section 76(2) which relates to the monument,

(b) ensuring compliance with bye-laws within the meaning of section 79 which relate to the monument,

(d) giving and ensuring compliance with a direction under section 83(6) which relates to the monument, and

(e) giving and ensuring compliance with a direction under section 85(2) which relates to the monument.

(4) A local authority shall furnish an officer appointed under subsection (3) as an authorised officer with a certificate of his or her appointment and the authorised officer shall, when performing a function conferred on him or her under this Part in relation to the national monument (LA) to which his or her appointment relates, if requested to do so by any person thereby affected, produce the certificate or a copy of it to that person for inspection.

(5) An authorised officer may only perform a function conferred on him or her under this Part in relation to the national monument to which his or her appointment relates.

88. Fixed payment notice for relevant offence

88. (1) Subject to section 87(5), for the purposes of assisting in the protection and proper management of national monuments through effective sanctions for a failure or contravention referred to in the definition of “relevant offence” in section 86, where an authorised officer has reasonable grounds for believing that a person has committed a relevant offence, the authorised officer may give to the person a notice (in this section referred to as a “fixed payment notice”) in writing and in the prescribed form stating—

(a) the name and address of the person,

(b) that the person is alleged to have committed that offence,

(c) that the person may, during the period of 21 days beginning on the date of the notice, make to the relevant authority, at the address specified in the notice, a payment of the amount specified in subsection (3) in respect of that offence, accompanied by the notice,

(d) that the person is not obliged to make the payment specified in the notice, and

(e) that a prosecution of the person to whom the notice is given in respect of the relevant offence concerned will not be instituted during the period of 21 days beginning on the date of the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of that offence will be instituted.

(2) Where a fixed payment notice is given—

(a) the person to whom it applies may, during the period of 21 days beginning on the date of the notice, make to the relevant authority, at the address specified in the notice, the payment specified in the notice, accompanied by the notice,

(b) the relevant authority shall receive the payment and shall, upon receipt of the payment, issue a receipt for it and any payment so received shall not be recoverable by the person who made it and the relevant authority shall retain the money for disposal in accordance with subsection (4), and

(c) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice, and if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence shall be instituted.

(3) The amount to be specified in a fixed payment notice in respect of a relevant offence shall be—

(a) such amount not exceeding €200 as may be prescribed, or

(b) if no such amount stands prescribed, €100.

(4) Moneys received by the relevant authority pursuant to the giving of a fixed payment notice shall—

(a) if the Commissioners are the relevant authority, be applied by them towards meeting the expenses incurred by them in performing their functions under Chapter 17, and

(b) if a local authority is the relevant authority, be lodged to the credit of the local fund maintained by the local authority pursuant to, and in accordance with, section 97 of the Act of 2001 and expended in accordance with that section.

Chapter 19

89. Enforcement of easements and covenants, etc.

89. (1) The Minister, the Commissioners or a local authority, as appropriate, may enforce an easement where the easement relates to, or has the effect of, whether in whole or in part, providing access to a national monument by members of the public or a class of members of the public.

(2) Where the Minister or a local authority conveys an estate (or part of an estate) in a registered monument to another person, then the covenants (if any) for the protection of the monument or its amenities, or for access to it (whether by the Minister or a local authority or members of the public), shall bind—

(a) that person,

(b) any person who subsequently succeeds to that estate, and

(3) Subsection (2) applies whether or not—

(a) in the case of a freehold covenant, any conditions under the Land and Conveyancing Law Reform Act 2009 apply to the covenant, and

(b) in the case of a leasehold covenant, the common law or equitable conditions for enforceability apply to the covenant.

(4) This section shall not operate to prejudice the generality of any power, under another enactment or a rule of law, of the Minister, the Commissioners or a local authority, to enforce an easement or covenant.

(5) The Minister may, by notice in writing, request a local authority to consider creating a public right of way, under section 206 or 207 of the Act of 2000, to a registered monument situated in the authority’s functional area.

(6) The local authority, the subject of a request under subsection (5), shall consider the request and make a recommendation thereon to its elected members within 90 days beginning on the date on which it received the request.

PART 3 Measures to assist in implementing 1972 convention concerning protection of world cultural and natural heritage

90. Interpretation

90. (1) In this Part, “Convention” means the Convention Concerning the Protection of the World Cultural and Natural Heritage done in Paris on 23 November 1972 (the text of which is set out, in the English language and for ease of reference, in Schedule 3).

(2) A word or expression that is used in this Part and is also used in the Convention has, unless the context otherwise requires, the same meaning in this Part as it has in the Convention.

91. World Heritage Property in State

91. A property included in the World Heritage List under Article 11 of the Convention, and which is situated in the State, shall be known as “World Heritage Property”.

92. Competent authority

92. The Minister is the competent authority for—

(a) subject to section 93, submitting to the World Heritage Committee, on behalf of the State, the inventory referred to in Article 11 of the Convention, and

(b) arranging, on behalf of the State and in co-operation with such other Ministers of the Government as may be appropriate, participation in the work of the World Heritage Committee.

93. Consultation

93. (1) The Minister shall, before submitting the inventory referred to in Article 11 of the Convention to the World Heritage Committee, carry out such consultation with such persons, or the public, as appears appropriate to him or her and may specify procedures for the carrying out of such consultation.

(2) The Minister may carry out such consultation with such persons, or the public, as appears appropriate to him or her on matters relating to World Heritage Property or property in respect of which the Minister is satisfied that it has the potential to become included in the World Heritage List under Article 11 of the Convention.

94. Savings

94. The enactment of this Part shall not be taken as prejudicing the validity of anything previously done for the purpose of complying with the State’s obligations under the Convention or participating in the work of the World Heritage Committee.

PART 4 Archaeological Objects

Chapter 1

95. Definitions - Part 4

95. In this Part—

“designated museum” means a museum designated under section 107;

“designated site” means a site designated under section 104(1);

“dispose”, in relation to an archaeological object, includes—

(a) destroying the object,

(b) depositing the object in any site, or

“ownership”, in relation to an archaeological object, includes possession of the object;

“relevant archaeological object” means an archaeological object—

(a) which is, or is required to be, the subject of a preliminary report under section 101(2)(b), or

(b) which is found during the course of a licensable activity where the licence is not subject to a condition or conditions referred to in section 101(8);

“relevant person” means—

(a) the Minister or an officer of the Minister acting on behalf of the Minister,

(b) the Board or an officer, agent or servant of the Board acting on behalf of the Board, or

“temporary designated site” means a site designated under section 104(2).

Chapter 2

96. State ownership of archaeological objects with no known owner, etc.

96. (1) Without prejudice to any other rights of the State arising in relation to any archaeological object found before 21 November 1994 but subject to section 4(4)(a), there shall, by virtue of this subsection, be vested in the State the ownership of any archaeological object where such object has no known owner.

(2) The ownership of an archaeological object vested in the State by virtue of subsection (1) is an absolute and immediate right to possession of the object.

(3) An owner or owner exception of land, not being the State, is deemed not to acquire any rights of ownership to an archaeological object found on, in or under the land.

(4) A finder of an archaeological object is deemed not to acquire any rights of ownership to the object.

(5) Notwithstanding subsections (3) and (4), the landowner on whose land an archaeological object is found, or the finder of an archaeological object, shall, if the object is taken from him or her other than in accordance with this Act or another enactment, or if he or she is induced to relinquish possession of the object by dishonesty, be deemed to be the owner of the object for the purposes of any offences under the Criminal Justice (Theft and Fraud Offences) Act 2001.

(6) Subject to subsection (8), without prejudice to any other rights of the State to an archaeological object, the Board may, in respect of an archaeological object found between 6 December 1922 and 21 November 1994, apply to the court for an order declaring the object to be in the ownership of the State.

(7) The court may grant an order referred to in subsection (6) if it is satisfied that, in all the circumstances, it would be appropriate to do so, and the order may be so granted subject to such conditions specified in the order as the court thinks are appropriate.

(8) An application under subsection (6) shall be made to the Circuit Court.

(9) An application under subsection (6) may be made ex parte in accordance with rules of court.

97. Disapplication of Statute of Limitations 1957, etc.

97. (1) The Statute of Limitations 1957 shall not—

(a) apply to an action for recovery by the State of an archaeological object, whether such action is made under this Act or another enactment, or

(b) extinguish a title of the State to, or any other interest of the State in, an archaeological object.

(2) No rule of law relating to treasure trove shall apply to an archaeological object.

98. Acquisition of archaeological object by Minister

98. (1) Subject to subsection (2), the Minister may, after consultation with the Board and with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform—

(a) acquire (whether or not for valuable consideration), for the State, by agreement or, subject to subsection (3), compulsorily, an archaeological object from the owner of the object or a person purporting to be such, or

(b) accept, on behalf of the State, a gift, bequest or devise of an archaeological object where the conditions (if any) to which the gift, bequest or devise, as the case may be, is subject are not inconsistent with the provisions of this Act.

(2) The Minister shall comply with the provisions of Schedule 4 in respect of the compulsory acquisition by the Minister of an archaeological object under this section.

(3) An archaeological object shall not be compulsorily acquired under this section if—

(a) a person has lawfully brought it into the State, and

(b) there is an agreement in writing between that person and the Minister or Board that the object will not be so acquired if the conditions (if any) specified in the agreement relating to the object are complied with.

(4) A person (not being the Minister or the Board) shall not initiate legal proceedings seeking the recovery, on behalf of the State, of an archaeological object referred to in subsection (3) except with the consent of the Minister.

(5) Nothing in this section shall operate to prejudice the acquisition by the Board of archaeological objects under the Act of 1997.

99. Disposal of archaeological object

99. (1) Subject to subsection (6), an archaeological object which is owned by the State shall not be disposed of by a person except in accordance with subsection (2).

(2) Subject to subsections (3), (6) and (7), where the Board is of the opinion that an archaeological object is not, or has ceased to be, of sufficient archaeological, historic, cultural or scientific interest to justify its continued retention by the State, the Board may consent to the disposal of the object in such manner as may be specified in the consent.

(3) (a) Subsection (2) shall be in addition to, and not in substitution for, any authorisation of any other person that is necessary to make lawful the disposal of the archaeological object concerned.

(b) In paragraph (a), “authorisation of any other person” includes the giving or granting of a licence, consent, approval, permission or direction, whether under an enactment or otherwise.

(4) Where an archaeological object is the subject of an order under section 96(7), the Board shall not consent to its disposal other than—

(a) with the consent of the Minister, and

(b) either—

(i) in conformity with any conditions to which such order is subject, or

(ii) with the leave of the court which made the order.

(5) Where the disposal of an archaeological object under this section is by way of, or includes, the transfer of the object to another person—

(a) the transfer may be made subject to such conditions as are specified in a notice in writing given by the Board to the person,

(b) subject to paragraph (c), the person (and the person’s successors in title to the person’s interest in the object) shall comply with any such conditions, and

(c) the Board may, by notice in writing given to the person (or the person’s successors in title to the person’s interest in the object), specify one or more than one of such conditions with which the person (or those successors) need no longer comply from the date, or the occurrence of the event, specified in the notice for the purpose.

(6) Subsections (1) and (2) shall not apply to the disposal, or proposed disposal, of an archaeological object pursuant to—

(a) section 7 or 9 of the National Archives Act 1986, or

(b) section 18 of the Act of 1997.

(7) Where the Board is minded to give consent under subsection (2) to the disposal of an archaeological object which was found during the course of carrying out a licensable activity, it shall—

(a) consult with the Minister to seek his or her views (if any) on the proposed disposal, and

(b) if those views (if any) are received within the period prescribed for the purposes of this paragraph or, if no such period is prescribed, within 21 days from the date of consultation, have regard to those views in deciding whether or not to give such consent.

100. Supplementary provisions

100. A gift, bequest or devise of an archaeological object to the State shall not be inconsistent with the provisions of this Act solely on the ground that the gift, bequest or devise, as the case may be, imposes conditions in respect of the site where the object may be kept.

Chapter 3

101. Requirement to report finding of archaeological object

101. (1) This section applies to an archaeological object other than an archaeological object which has been the subject of a preliminary report under subsection (2)(b) given to the Board 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 Board 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) 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 where the thing was found (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)(a) is made shall cause the report, or a copy of the report, to be given to the Board 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) to the Board or a member of An Garda Síochána, the Board 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 Board receives a return referred to in subsection (4)(a), it 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 Board.

(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 or conditions requiring any finding of a thing to which this section would apply but for this subsection to be reported to the Minister or the Board 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.

(9) Subsection (4)(a) shall not place the Board under any obligation to cause a return referred to in that subsection to be given to a person where the Board 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 Board 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 Board 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 Board,

(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 190.

102. Safekeeping of thing to which section 101 applies

102. Where a person—

(a) has found a thing in respect of which he or she is required to make a preliminary report under section 101(2), and

(b) has reasonable grounds to believe that it is necessary to remove the thing from the site where he or she found it for the purposes of the safekeeping of the thing,

he or she may remove the thing from that site and place it, as soon as is practicable, in a designated site or temporary designated site.

103. Prohibition against interfering, etc., with relevant archaeological object, etc.

103. (1) Subject to section 102 and subsection (2), a person, other than a relevant person, shall not interfere with or remove a relevant archaeological object, or cause it to be interfered with or removed, except under and in accordance with a licence.

(2) The Board may, where it is of the opinion that a relevant archaeological object is not, or has ceased to be, of sufficient archaeological, historic, cultural or scientific interest to merit the protection afforded by subsection (1), by notice published in Iris Oifigiúil specify that that subsection shall cease to apply to that object from the date, or the occurrence of the event, specified in the notice for the purpose and, accordingly, that subsection shall cease to apply to that object from that date or the occurrence of that event, as the case may be.

104. Safekeeping of relevant archaeological objects

104. (1) The Board may—

(a) by notice in writing, designate a site where relevant archaeological objects may be placed for the purposes of the safekeeping of the objects, or

(b) by notice in writing, revoke a designation referred to in paragraph (a) of a site if the notice specifies where the archaeological objects (if any) placed therein are to be transferred, either before or immediately upon the revocation taking effect.

(2) Subject to subsection (3), the Board may, by notice in writing, designate a site where relevant archaeological objects may be placed for not more than 3 years for the purposes of the temporary safekeeping of the objects.

(3) The Board shall cause a relevant archaeological object placed in a temporary designated site to be transferred, on or before the 3rd anniversary of the date on which it was so placed in that site, to a designated site unless the temporary designated site has, subsequent to the placing of the object in it, become a designated site.

105. Actions that may be taken by Board in respect of relevant archaeological object

105. (1) Subject to section 106, where the Board is aware of a relevant archaeological object, it shall, if it is not aware of any owner of the object—

(a) take the object into its custody pending a decision to retain the object on behalf of the State or to dispose of it in accordance with section 99,

(b) retain the object on behalf of the State, or

(2) Where the Board takes a relevant archaeological object into its custody pursuant to subsection (1)(a), the object shall be kept—

(a) in a designated site,

(b) in a temporary designated site, or

(3) Where the Board decides to retain a relevant archaeological object on behalf of the State pursuant to subsection (1)(b), the object may be kept—

(a) in a designated site,

(b) in a temporary designated site, or

(i) at the site where it was found, or

(ii) at another site providing a natural environment conducive to the protection of the object,

if the Board is satisfied that the object would be best protected by doing that.

(4) Where the Board—

(a) decides to retain a relevant archaeological object on behalf of the State pursuant to subsection (1)(b), and

(b) is of the opinion that the object would be best protected—

(i) at the site where it was found, or

(ii) at another site providing a natural environment conducive to the protection of the object,

the Board may, with the consent in writing of the owner (if any) of that site, cause that object, as the case requires, to continue to be kept at that site or to be moved to and kept at another site.

(5) A consent referred to in subsection (4) given by the owner of a site referred to in that subsection shall bind the successors in title of that owner to that site.

(6) A person, other than a relevant person, shall not interfere with or remove, or cause to be interfered with or removed, a relevant archaeological object kept at a site pursuant to subsection (4).

(7) Where the Board makes a decision under subsection (4), it shall, as soon as is practicable after making the decision, give the Minister notice in writing of the decision.

106. Provisions supplementary to sections 101 to 105

106. (1) Subject to subsection (2), this Chapter shall not be construed to require the Board to take custody of, or to otherwise take into its possession or the possession of the State, an archaeological object found in the course of an activity which is required to be carried out under and in accordance with a licence unless the Board is satisfied that—

(a) if there is such a licence, all the conditions of the licence relating to archaeological objects have been complied with, or

(b) if there is no such licence, any civil or criminal proceedings arising out of the carrying out of that unlicensed activity have been concluded.

(2) This Chapter shall not be construed to prevent the Board, at its discretion, from authorising the temporary keeping of an archaeological object at a site specified in the authorisation where the Board is satisfied that that is necessary for the protection of the object.

Chapter 4

107. Designation of museums to which Chapter 4 applies

107. (1) (a) The Board may, with the consent of the Minister, by notice published in Iris Oifigiúil, designate a museum as a museum to which this Chapter applies if the Board is satisfied that the museum is funded, in whole or in part, by a local authority.

(b) The Board shall, in the designation under paragraph (a) of a museum, also designate a person, connected with the museum, as the Board thinks fit to be the person responsible for compliance with the procedures referred to in section 110 in so far as such procedures relate to archaeological objects placed in that museum.

(2) The Board may, with the consent of the Minister, by notice published in Iris Oifigiúil, revoke the designation under subsection (1)(a) of a museum, from the date, or the occurrence of the event, specified in the notice for the purpose, if—

(a) the Board is satisfied that the museum has ceased to be a suitable site to place archaeological objects, and

(b) arrangements have been made by the Board, either before the revocation takes effect or immediately upon the revocation taking effect, for the safekeeping, in another designated museum or the National Museum of Ireland, of any archaeological objects placed in the museum under section 108(1).

108. Placing of archaeological object in designated museum

108. (1) Where—

(a) an archaeological object—

(i) is owned by the State, and

(ii) is in the possession of the Board,

and

(b) the Board is of the opinion that the object is primarily, or is in particular, of local interest,

the Board may, subject to subsections (3) to (5) and sections 109 and 110, place the object in such designated museum as, in its opinion, is the most appropriate having regard to such local interest.

(2) An archaeological object shall not be considered to be in the possession of the Board for the purposes of subsection (1) if it is only in the custody or care of the Board on a temporary basis.

(3) Where an archaeological object was acquired under section 98(1)(a) for valuable consideration, the Board shall not, under subsection (1), place the object in a designated museum except with the consent of the Minister.

(4) Where an archaeological object is the subject of an order under section 96(7), the Board shall not, under subsection (1), place the object in a designated museum—

(a) except with the consent of the Minister, and

(b) in contravention of any conditions specified in the order.

(5) Where the Board is unable under subsection (1) to place an archaeological object in a designated museum because of any conditions referred to in subsection (4)(b), the Board may, with the consent of the Minister, apply to the court which made the order concerned under section 96(7) to vary the conditions specified in the order so as to remove that inability.

109. Transfer of archaeological object placed in designated museum

109. (1) Where the Board has, under section 108(1), placed an archaeological object in a designated museum, neither the Board nor any other person shall dispose of the object as so placed except by means of a transfer of the object, in accordance with subsection (2), to—

(a) another designated museum, or

(b) the National Museum of Ireland.

(2) Subject to subsection (3), a transfer referred to in subsection (1) shall not be effected except with—

(a) the consent of the Board, or

(b) if the Board refuses to give such consent, the consent of the Minister given after the Minister has consulted the Board and the person seeking to effect such transfer.

(3) Where an archaeological object is the subject of an order under section 96(7), neither the Board nor the Minister shall give a consent referred to in subsection (2) in contravention of any conditions specified in the order.

(4) Where the Board or the Minister wishes to give a consent referred to in subsection (2) but is unable to do so because of any conditions referred to in subsection (3), the Board may, with the consent of the Minister, apply to the court which made the order concerned under section 96(7) to vary the conditions specified in the order so as to remove that inability.

110. Minister may prescribe standards to be complied with in respect of archaeological objects placed in designated museum

110. (1) The Minister may, after consultation with the Board and the Council, prescribe standards for the protection and safety of archaeological objects placed in a designated museum to be complied with by the person designated under section 107(1)(b) to be the person responsible for such compliance.

(2) In this section, “standards”, in relation to an archaeological object, include standards relating to—

(a) the levels of temperature, humidity or lighting to which the object may be exposed,

(b) the levels of security measures applicable to the object (whether alarm systems, security locks, the provision of security staff or otherwise), or

111. Savings

111. The provisions of this Chapter are in addition to, and not in substitution for, the other provisions of this Act and the provisions of the Act of 1997.

Chapter 5

112. Payment of rewards in respect of finds of relevant archaeological objects

112. (1) (a) Subject to paragraphs (b) and (c) and subsections (2) to (6), the Board may, at its discretion, pay a reward, to the finder of a relevant archaeological object, found on or after the commencement of this section, or to the owner or occupier of the land in, on or under which the object was found, or both such finder and owner or occupier, as the Board thinks fit, if the object is retained on behalf of the State and the Board is satisfied that it is in the public interest to pay such reward.

(b) Subject to paragraph (c), the Board shall not pay a reward under paragraph (a) exceeding the relevant amount in respect of the finding of a relevant archaeological object except with the consent of the Minister and the Minister for Public Expenditure, National Development Plan Delivery and Reform.

(i) subject to subparagraph (ii), €25,000, or

(ii) such greater amount than €25,000 as may be prescribed by the Minister after consultation with the Board and with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform.

(2) The Board shall take account of one or more than one of the following criteria in deciding whether or not to pay a reward under subsection (1)(a) in respect of the finding of a relevant archaeological object:

(a) the intrinsic value and the general archaeological and historic importance of the object;

(b) the circumstances of the finding of the object, including, in particular, compliance or otherwise with the provisions of this Act;

(c) the amount of the rewards paid in the State in respect of the finding of other similar relevant archaeological objects.

(3) Subsection (2) shall not be construed as requiring the payment of a reward on the basis of the market value of the relevant archaeological object concerned but the Board may, at its discretion, take account of such market value if, in the Board’s opinion, the circumstances of a particular case so warrants.

(4) The Board shall not pay a reward under subsection (1)(a) in respect of the finding of a relevant archaeological object—

(a) made in the course of any activity required to be carried out under a new authorisation or old authorisation (and whether or not such authorisation was in fact granted, issued or given), or

(b) made in the course of any activity exempted under this Act or the National Monuments Acts from a requirement to be carried out under a new authorisation or old authorisation.

(5) The Board shall not pay a reward under subsection (1)(a), in respect of the finding of a relevant archaeological object, to an officer, agent, or servant of, or any other person acting on behalf of—

(a) the Minister,

(b) the Commissioners,

(d) a local authority,

where such officer, agent, servant or other person found the object during the course of performing his or her functions under this Act or during the course of performing his or her functions arising from any office or employment, or contract for, or of, services, which is connected to this Act.

(6) The payment of a reward under subsection (1)(a) in respect of the finding of relevant archaeological object shall not be construed to confer any rights in respect of the object on the person to whom the reward was paid.

Chapter 6

113. Possession of archaeological objects by person other than Board, etc.

113. (1) Subject to subsection (3), a person shall not have in his or her possession an archaeological object which was found on or after 21 November 1994 unless the possession is for the purpose of satisfying section 23 of the Act of 1930 or section 102.

(2) Subject to subsection (3), a person shall not have in his or her possession an archaeological object which was found after 26 February 1930 but before 21 November 1994 unless the object was reported in accordance with section 23 of the Act of 1930 or section 5 of the Act of 1994.

(3) Subsections (1) and (2) shall not apply to—

(a) the Board,

(b) an officer, agent or servant of the Board or any other person acting on behalf of the Board and who is acting in the course of his or her duties as such officer, agent or servant or other person, as the case may be,

(c) an officer, agent or servant of the Minister or any other person acting on behalf of the Minister and who is acting in the course of his or her duties as such officer, agent or servant or other person, as the case may be,

(d) a member of An Garda Síochána or a member of the naval service acting in the course of his or her duties as such member,

(e) a designated museum in respect of an archaeological object placed in the museum in accordance with section 108,

(f) a person in possession of an archaeological object—

(i) which was not taken possession of by the Director under section 9 of the Act of 1994,

(ii) which was disposed of by the Director under section 3(a) of the Act of 1994, or

(iii) in respect of which the ownership of the State in the object was waived, pursuant to section 3 of the Act of 1994, before 3 May 2005,

(g) a person in possession of an archaeological object which was disposed of in accordance with section 99 where such possession is in compliance with any conditions specified under that section applicable to such possession,

(h) possession of an archaeological object where such possession is pursuant to section 105 or 106,

(i) a person in possession of an archaeological object where such possession is in accordance with, or for the purposes of complying with the conditions of, an old authorisation, a new authorisation, or the Act of 1997, and is otherwise not in breach of any other provision of this Act,

(j) subject to subsection (4), possession of an archaeological object or a class of archaeological objects, prescribed for the purposes of this paragraph, or

(k) a receiver of wreck appointed under section 41 of the Act of 1993.

(4) In determining whether or not an archaeological object or a class of archaeological objects should be prescribed for the purposes of paragraph (j) of subsection (3), the Minister shall—

(a) have regard to the following:

(i) the extent to which the application of this section to the archaeological object or class of archaeological objects would cause administrative difficulties or would be impracticable;

(ii) any matter that the Board would be entitled to take into account in determining whether or not an archaeological object should be retained by the State, whether in the National Museum of Ireland or a designated museum;

(iii) the archaeological object is not in the State but is the subject of a proposal to bring it into the State, whether temporarily or permanently, for the purposes of public exhibition, research or conservation,

and

(b) consult with the Board and have regard to the Board’s views in so far as they relate to any matter to which the Minister must have regard under paragraph (a).

(5) Nothing in section 44 of the Act of 1993 shall be construed to prejudice the operation of this Act.

114. Disposal or acquisition of archaeological objects by person other than Board, etc.

114. (1) Subject to subsection (2), a person shall not dispose of or acquire an archaeological object for the time being situated within the territorial extent of the application of this Act, whenever or wherever such object was found, without having first given, not less than 30 days before the proposed disposal or acquisition, as the case may be, of the object, notice in writing in the specified form to the Board of such proposed disposal or acquisition.

(2) Subsection (1) shall not apply to—

(a) the disposal of an archaeological object—

(i) which was not taken possession of by the Director under section 9 of the Act of 1994,

(ii) which was disposed of by the Director under section 3(a) of the Act of 1994, or

(iii) in respect of which the ownership of the State in the object was waived, pursuant to section 3 of the Act of 1994, before 3 May 2005,

(b) the disposal of an archaeological object pursuant to section 99 where such disposal is in compliance with any conditions specified under that section,

(c) the temporary transfer of an archaeological object where such transfer is in accordance with, or for the purposes of complying with the conditions of, any new authorisation or old authorisation and is otherwise not in breach of any other provision of this Act,

(d) the disposal of an archaeological object where such disposal is in accordance with, or for the purposes of complying with the conditions of, any new authorisation or old authorisation and is otherwise not in breach of any other provision of this Act,

(e) the temporary transfer of an archaeological object where—

(i) the transferee does so for the purpose of examining the object so as to confirm or establish whether it is of archaeological interest, and

(ii) such transfer is not for, or made in connection with, any purpose of immediate or future monetary gain or reward on the part of the transferor or transferee and is otherwise not in breach of any other provision of this Act,

(f) the transfer by any person of an archaeological object to the Board or an officer, agent or servant of, or other person acting on behalf of, the Board, whether in accordance with or for the purposes of complying with any provisions of this Act or otherwise, or

(g) subject to subsection (3), the disposal, of an archaeological object or a class of archaeological objects, prescribed for the purposes of this paragraph.

(3) In determining whether or not an archaeological object or a class of archaeological objects should be prescribed for the purposes of paragraph (g) of subsection (2), the Minister shall—

(a) have regard to the following:

(i) the extent to which the application of this section to the archaeological object or class of archaeological objects would cause administrative difficulties or would be impracticable;

and

(b) consult with the Board and have regard to the Board’s views in so far as they relate to any matter to which the Minister must have regard under paragraph (a).

(4) (a) Where the Board receives, in respect of an archaeological object, a notice under subsection (1) from a person, the Board, by notice in writing given to the person and accompanied by the specified form concerned, may require the person, within the period specified in the notice, to provide the Minister with such information required by that form for the purpose of enabling the Minister to ascertain whether or not the object is lawfully held, or was lawfully obtained, whether by that person or another person.

(b) A person given a notice under paragraph (a) shall comply with the notice.

Chapter 7

115. Duties of coroners in respect of reports of human remains which are also archaeological objects

115. (1) Where a report is made to a coroner concerning human remains, whether under the Coroners Act 1962 or otherwise, and it appears to the coroner that the remains are, or may be, an archaeological object, the coroner shall, as soon as is practicable, consult the Board.

(2) Where, after a consultation referred to in subsection (1) between a coroner and the Board, the Board is satisfied that the human remains concerned are an archaeological object—

(a) the remains shall be dealt with in accordance with the provisions of this Act and notwithstanding the provisions of the Coroners Act 1962, and

(b) the coroner shall not take any further action in respect of the remains.

Chapter 8

116. Alteration of archaeological object

116. (1) In this section, “alter”, in relation to an archaeological object, means to injure, deface, destroy, clean or restore (including chemically clean or restore, or chemically change any of the constituents of, whether for protection or otherwise) the object, or to take a sample of the object by cutting, drilling or any other process.

(2) Subject to subsections (3) and (4), a person shall not alter, or cause the alteration of, an archaeological object otherwise than under and in accordance with a licence.

(3) Where—

(a) an application is made for the grant of a licence in respect of a licensable activity other than the licensable activity to which a licence referred to in subsection (2) would relate (that is, altering or causing the alteration of, an archaeological object),

(b) the application contains a proposal for the alteration of an archaeological object found during the course of the activity in respect of which the application is made, and

(c) the Minister, with the agreement in writing of the Board, indicates consent to the proposal or consent to the proposal subject to such amendment of the proposal as is specified in the consent,

then such alteration of the archaeological object the subject of the proposal or the proposal as so amended, as appropriate, may be authorised by or under a licence and shall, to the extent so authorised, be exempt from subsection (2).

(4) Subject to subsection (5), subsection (2) shall not apply to a class of archaeological objects prescribed for the purposes of this subsection.

(5) In determining whether or not a class of archaeological objects should be prescribed for the purposes of subsection (4), the Minister shall—

(a) have regard to the following:

(i) the extent to which it is, or is not, necessary to require the alteration of archaeological objects of that class to be regulated under this section so as to secure their appropriate protection;

(ii) the extent to which the application of this section to that class would cause administrative difficulties or would be impracticable;

(iii) any matter that the Board would be entitled to take into account in determining whether or not an archaeological object should be retained by the State, whether in the National Museum of Ireland or a designated museum,

and

(b) consult with the Board and have regard to the Board’s views in so far as they relate to any matter to which the Minister must have regard under paragraph (a).

Chapter 9

117. Interpretation - Chapter 9

117. (1) In this Chapter—

“claim under the Convention” means a claim to which Article 1 of the Convention applies;

“contracting state” means a state (other than the State) which is bound by the Convention;

“Convention” means the UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects done at Rome on 24 June 1995 (the text of which is set out, in the English language and for ease of reference, in Schedule 5);

“cultural object” means an object within the scope of Article 2 of the Convention;

“person” includes a contracting state;

“possessor”, in relation to a cultural object, includes a person alleged to be in possession of the object;

“relevant court”—

(a) in relation to a cultural object situated within the State, means the Circuit Court as specified in section 118, or

(b) in relation to a cultural object situated within the territory of a contracting state, the court or other competent authority in the jurisdiction of which the claim concerned would fall under the Convention if such claim were a claim in tort in relation to the object;

“stolen cultural object” has the same meaning and scope as it has under Article 3 of the Convention.

(2) This Chapter shall be construed and interpreted in accordance with the provisions of the Convention so as to give the Convention full force and effect.

(3) Any jurisdiction conferred on a court by this Chapter in respect of an object shall not prejudice the generality of any jurisdiction conferred on a court by any other enactment or a rule of law in respect of that object.

118. Circuit Court’s jurisdiction under this Chapter

118. (1) The Circuit Court shall have jurisdiction to hear and determine proceedings under this Chapter in relation to a cultural object situated within the State.

(2) The jurisdiction conferred on the Circuit Court by subsection (1) shall be exercised by—

(a) subject to paragraph (b), the judge for the time being assigned to the circuit in which the cultural object concerned is situated at the time a claim under the Convention is brought in respect of the object, or

(b) if there is doubt as to which is the appropriate Circuit Court for the purposes of paragraph (a), the judge for the time being assigned to the Dublin Circuit Court.

119. Convention to have effect in State

119. The Convention shall have effect in the State in accordance with the provisions of this Chapter.

120. Bringing of claims, time limits for claims and determination of claims

120. (1) A claim under the Convention in respect of a cultural object may be brought in the relevant court by or on behalf of a contracting state or other person entitled to make a claim under the Convention.

(2) (a) Subject to paragraph (b), a claim under the Convention brought in the relevant court in respect of a cultural object shall be against the possessor of the object.

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