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Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023

In short

This law, the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023, is about protecting and managing historic and archaeological heritage in the State. It establishes rules for monuments and archaeological objects, including their discovery, ownership, and preservation.

What it regulates

  • The establishment and maintenance of a Register of Monuments.
  • The protection and management of registered monuments, including those owned or guarded by the Minister or local authorities.
  • The ownership, reporting, and disposal of archaeological objects.
  • Measures to implement the 1972 convention concerning the protection of world cultural and natural heritage.

Who it concerns

  • The Minister (presumably the Minister responsible for heritage).
  • Local authorities.
  • Owners of land where monuments are located.
  • Individuals who find archaeological objects or monuments.

Key points

  • A Register of Monuments will be established.
  • Finding a prescribed monument or an archaeological object must be reported.
  • Special protection can be applied to certain registered monuments.
  • The State owns archaeological objects with no known owner.
Legal text
Legal text

Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.

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  3. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2023 Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 26 of 2023 HISTORIC AND ARCHAEOLOGICAL HERITAGE AND MISCELLANEOUS PROVISIONS ACT 2023 CONTENTS PART 1 Preliminary and General Section 1. Short title and commencement 2. Interpretation - general 3. Performance of functions 4. Application 5. Regulations, etc. 6. Expenses and other financial matters 7. Repeals PART 2 Monuments Chapter 1 Interpretation and identity and whereabouts of owner of land, etc. 8. Interpretation - Part 2 and Schedule 2 9. Circumstances in which owner of land is given notice by publication of notice in national newspaper 10. Identity and whereabouts of owner of land 11. Provisions supplementary to section 10 Chapter 2 Prescribed monuments 12. Prescribed monuments 13. Requirement to report finding of prescribed monument Chapter 3 Establishment of Register of Monuments and related provisions 14. Establishment of Register of Monuments 15. Provisions supplementary to section 14 16. Matters to be taken into account by Minister in performing any function under section 14 or 15 17. Minister may amend or delete particulars entered in Register, etc. 18. Promotion of public awareness of Register Chapter 4 Register actions and consultation on potential Register actions 19. Register actions 20. Minister’s discretion to apply special protection to Register action monument 21. General protection to be applied to all registered monuments, etc., to which special protection is not applied 22. Requirements, etc., regarding consultation on special protection 23. Consultation on entering particulars of potential Register action monument in Register where no special protection is intended to be applied to monument Chapter 5 Special protection for certain registered monuments 24. Special protection applied to registered monuments in ownership or guardianship of Minister or local authority Chapter 6 Works at, etc., monuments 25. Interpretation - Chapter 6 26. Application - Chapter 6 27. General protection and relevant works 28. Attachment of conditions to certain relevant works 29. Exemption of certain relevant works from section 27 30. Special protection and relevant works 31. Exemption of certain relevant works from section 30 32. Application for screening for EIA 33. Determination of application for screening for EIA 34. Relevant works at, etc., relevant monument to be subject to EIA 35. Submissions on EIAR may be made to Minister 36. Minister’s consideration of EIAR and power to require further action by applicant for relevant licence 37. Carrying out of EIA by Minister, etc., and grant or refusal to grant relevant licence 38. Relevant works which may affect environment in another Transboundary State 39. Public notice of Minister’s decision to grant or refuse to grant relevant licence 40. Exemption from requirements of sections 32 to 39 or 34 to 39 41. Judicial review Chapter 7 Works carried out at registered monument, etc. 42. Works carried out at registered monument, etc. Chapter 8 Provisions applicable to monuments to which general or special protection applies 43. Restriction on export of Chapter 8 monument 44. Protection of removed part of Chapter 8 monument 45. Application of the Local Government (Sanitary Services) Act 1964 to monument 46. Registration as burden affecting registered land and related matters 47. Transfer by public authority or local authority of registered monument Chapter 9 Transitional provisions relating to Register of Historic Monuments and record of monuments and places, etc. 48. Transitional provisions applicable to Register of Historic Monuments and record of monuments and places 49. Transitional provisions applicable to certain national monuments 50. Transitional provisions applicable to restricted areas Chapter 10 Acquisition of registered monument 51. Acquisition of registered monument by Minister or local authority Chapter 11 Transitional provisions applicable to registered monuments in ownership of Minister or local authority 52. Interpretation - Chapter 11 53. Transitional provisions applicable to certain churches, ecclesiastical buildings or other structures 54. Transitional provisions applicable to certain ancient monuments purchased pursuant to section 3 of Act of 1882 55. Transitional provisions applicable to certain ancient monuments gifted, etc., to Commissioners 56. Transitional provisions applicable to certain ancient monuments vested in the Commissioners, etc. 57. Transitional provisions applicable to certain ancient monuments vested in council of county 58. Transitional provisions applicable to certain national monuments acquired by Commissioners, etc. 59. Transitional provisions applicable to certain national monuments gifted, etc., to Commissioners, etc. 60. Transitional provisions applicable to national monuments conveyed or devised by Commissioners, etc., to local authority 61. Provisions supplementary to sections 53 to 60 Chapter 12 Transfer of ownership of certain national monuments 62. Minister, etc., may transfer ownership of national monuments owned by Minister, etc. Chapter 13 Burial grounds 63. Definitions - Chapter 13 64. Transitional provisions applicable to certain burial grounds originally vested in guardians of poor law union or burial board 65. Minister’s power to vest certain burial grounds in Minister or local authority 66. Provisions supplementary to sections 64 and 65 Chapter 14 Guardianship of certain registered monuments 67. Guardianship of certain registered monuments by Minister or local authority Chapter 15 Transitional provisions applicable to guardianship of registered monuments 68. Definition - Chapter 15 69. Transitional provisions applicable to certain national monuments subject to order under section 9

(2)of Act of 1930
  1. Transitional provisions applicable to certain ancient monuments subject to order under section 15 of Act of 1925
  2. Transitional provisions applicable to certain national monuments subject to certain deeds
  3. Provisions supplementary to section 71 Chapter 16 Provisions applicable to registered monuments in ownership or guardianship of Minister or local authority (national monuments)
  4. Application of Chapter 16
  5. Definitions - Chapter 16
  6. Maintenance and presentation of national monuments
  7. Powers of certain officers
  8. Grant of lease or licence in respect of national monument
  9. Construction of functions conferred on relevant authority by this Chapter Chapter 17 Provisions supplementary to Chapter 16
  10. Definitions - Chapter 17
  11. Functions of Commissioners in respect of national monuments (M)
  12. Protection of national monuments and members of public
  13. Matters on which bye-laws may be made under section 81
  14. Provisions supplementary to sections 81 and 82
  15. Display of bye-laws, etc.
  16. Powers of authorised officers Chapter 18 Fixed payment notices
  17. Definitions - Chapter 18
  18. Authorised officers
  19. Fixed payment notice for relevant offence Chapter 19 Enforcement of easements and covenants, etc.
  20. Enforcement of easements and covenants, etc. PART 3 Measures to assist in implementing 1972 convention concerning protection of world cultural and natural heritage
  21. Interpretation
  22. World Heritage Property in State
  23. Competent authority
  24. Consultation
  25. Savings PART 4 Archaeological Objects Chapter 1 Definitions
  26. Definitions - Part 4 Chapter 2 Ownership and disposal of archaeological objects
  27. State ownership of archaeological objects with no known owner, etc.
  28. Disapplication of Statute of Limitations 1957, etc.
  29. Acquisition of archaeological object by Minister
  30. Disposal of archaeological object
  31. Supplementary provisions Chapter 3 Finding of archaeological objects
  32. Requirement to report finding of archaeological object
  33. Safekeeping of thing to which section 101 applies
  34. Prohibition against interfering, etc., with relevant archaeological object, etc.
  35. Safekeeping of relevant archaeological objects
  36. Actions that may be taken by Board in respect of relevant archaeological object
  37. Provisions supplementary to sections 101 to 105 Chapter 4 Placing of archaeological objects in designated museums
  38. Designation of museums to which Chapter 4 applies
  39. Placing of archaeological object in designated museum
  40. Transfer of archaeological object placed in designated museum
  41. Minister may prescribe standards to be complied with in respect of archaeological objects placed in designated museum
  42. Savings Chapter 5 Payment of rewards
  43. Payment of rewards in respect of finds of relevant archaeological objects Chapter 6 Possession and disposal of archaeological objects by person other than Board, etc.
  44. Possession of archaeological objects by person other than Board, etc.
  45. Disposal or acquisition of archaeological objects by person other than Board, etc. Chapter 7 Duties of coroners in respect of reports of human remains
  46. Duties of coroners in respect of reports of human remains which are also archaeological objects Chapter 8 Alteration of archaeological object
  47. Alteration of archaeological object Chapter 9 Acceptance into the law of the State of rules established under the UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects
  48. Interpretation - Chapter 9
  49. Circuit Court’s jurisdiction under this Chapter
  50. Convention to have effect in State
  51. Bringing of claims, time limits for claims and determination of claims
  52. Possessor of stolen or illegally exported cultural object and compensation
  53. Provisions supplementary to sections 120 and 121
  54. Interim and interlocutory orders
  55. Rules of court Chapter 10 Measures to assist the State in ratifying UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property 1970
  56. Definitions - Chapter 10
  57. Minister shall prescribe cultural property for purposes of Convention
  58. Minister may prescribe requirements for certification of exports of cultural property
  59. Prohibition of import of certain categories of stolen cultural property
  60. Prohibition of possession of, or dealing in, certain categories of cultural property
  61. Regulations regarding sale of cultural property Chapter 11 Passing of title to archaeological and historic objects, etc., obtained through dishonesty
  62. Non-application of market overt rule and rule relating to sale under voidable title in certain cases PART 5 Wrecks and other Elements of Underwater Cultural Heritage Chapter 1 State ownership of certain wrecks and restriction of salvage claims, etc.
  63. Definitions - Chapter 1
  64. Application of Chapter 2 of Part 4, section 112 and Schedule 4 to relevant wrecks
  65. Salvage payments
  66. Special protection to be applied to relevant wrecks, etc.
  67. Prohibited activities in vicinity, etc., of relevant wreck, etc. Chapter 2 Measures to enable the State to ratify the 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage
  68. Interpretation - Chapter 2
  69. Carrying out by relevant persons of activities directed at underwater cultural heritage beyond the limits of territorial seas
  70. Reporting of discovery of underwater cultural heritage or intention to engage in activities directed at underwater cultural heritage in exclusive economic zone of State, etc.
  71. Protection of underwater cultural heritage in exclusive economic zone of State, etc.
  72. Protection of underwater cultural heritage in exclusive economic zone of state party, etc.
  73. Reporting of discovery of underwater cultural heritage or intention to engage in activities directed at underwater cultural heritage in the Area
  74. Protection of underwater cultural heritage in the Area
  75. Powers of Minister where State is Coordinating State under Article 10 or 12 of UNESCO Convention
  76. Provisions supplementary to section 144
  77. Provisions relating to acceptance by relevant person of grant by state party of authorisation under Article 10 or 12 of UNESCO Convention
  78. Restriction on import of underwater cultural heritage PART 6 Other Activities Licensable under this Act and Related Matters
  79. Other activities licensable under this Act and related matters PART 7 Licences Chapter 1 Interpretation
  80. Interpretation - Part 7 Chapter 2 Applications for licence and grant, refusal, revocation or suspension of licence
  81. Application for licence
  82. Grant or refusal of licence, etc.
  83. Assessment of competence
  84. Consultation
  85. Revocation or suspension, etc., of licence Chapter 3 Assignment of licence
  86. Assignment of licence Chapter 4 Appeals
  87. Appeals officers
  88. Appeals PART 8 Inventories, Records and Research, Publication and Promotion of Public Knowledge and Awareness Chapter 1 Inventories
  89. Inventories Chapter 2 Records
  90. Protection of records in certain circumstances Chapter 3 Research, publication and promotion of knowledge and awareness
  91. Definitions - Chapter 3
  92. Research and promotion of knowledge, interest and awareness
  93. Publication
  94. Provision of assistance by relevant authority
  95. Assistance may be subject to conditions
  96. Copyright and related matters PART 9 Issuing of Guidelines and Matters Relating to Historic Heritage
  97. Guidelines for EIAs
  98. Guidelines for local authorities
  99. Co-ordination and development of public policy on historic heritage
  100. Promotion of best practice in relevant disciplines and professions
  101. Promotion of protection of historic heritage by public authorities
  102. Public authority and local authority to have regard to historic heritage PART 10 Implementation and Enforcement Chapter 1 General prohibitions
  103. False or misleading statements, etc.
  104. Knowingly supplying equipment, machinery or vehicles for use in offence under this Act
  105. Obstruction Chapter 2 Offences
  106. Offences - general
  107. Offences - regulations
  108. Offences - bye-laws
  109. Continuing offences
  110. Offences by bodies corporate
  111. Inferences from failure or refusal to account for detection device Chapter 3 Defences
  112. Defence for relevant offences
  113. Defence in respect of offences committed at sea or on water
  114. Defence that act was carried out to protect or record elements of archaeological, architectural or historic heritage in immediate danger of destruction
  115. Defence that person was acting as servant or agent
  116. Defence in relation to finding of prescribed monuments
  117. Defence in relation to relevant works
  118. Defence in relation to finding of archaeological objects Chapter 4 General powers of officers, servants and agents, etc.
  119. General powers of officers, servants and agents, etc., of relevant authority Chapter 5 Inspections
  120. Powers of Minister in respect of inspections
  121. Powers of Board in respect of inspections Chapter 6 Provision supplementary to Chapters 4 and 5
  122. Construction of Chapters 4 and 5
  123. Signage Chapter 7 Enforcement notices
  124. Definitions - Chapter 7
  125. High Court’s and Circuit Court’s jurisdiction under this Chapter
  126. Issue of enforcement notices
  127. Application for cancellation of direction specified in enforcement notice
  128. Injunctions
  129. Burden of proof
  130. Other provisions of this Part not prejudiced
  131. Rules of court Chapter 8 Arrest, search and seizure powers
  132. Powers under this Chapter are additional to other powers
  133. Definition - Chapter 8
  134. Powers of arrest, search and seizure of relevant bodies
  135. Provisions supplementary to section 203 Chapter 9 Evidentiary and procedural matters
  136. Inferences, evidential burdens and onuses of proof arising in certain circumstances
  137. Evidentiary presumptions
  138. Vicarious liability
  139. Procedural provisions applicable in case of offence involving sea or sea bed or land covered by water
  140. Summary proceedings
  141. Time limit for offences that may only be brought by summary proceedings Chapter 10 Costs of prosecutions and civil proceedings and recovery of debts
  142. Costs of prosecutions and applications for injunctions
  143. Recovery of debts Chapter 11 Codes of practice
  144. Interpretation - Chapter 11
  145. Codes of practice
  146. Admissibility of codes of practice Chapter 12 Miscellaneous
  147. Taking possession of objects, etc., being held or treated, etc., in a manner in contravention of this Act, etc.
  148. Minister may require certain information regarding title to lands PART 11 Miscellaneous
  149. Sharing of information
  150. Delegation of functions under section 77
(1)of Minister
  1. Delegation of functions of Board
  2. Ways of giving notice, etc.
  3. Minister and notices, etc., under this Act
  4. Power to specify form of documents
  5. Revocation of certain old authorisations - transitional
  6. Review of operation of Act PART 12 Consequential Amendments to Other Enactments
  7. Amendment of section 26 of Act of 1869
  8. Amendment of section 7 of Tourist Traffic Act 1952
  9. Amendment of section 270 of Defence Act 1954
  10. Saving for monuments - sanitary services
  11. Saving for monuments - derelict sites
  12. Amendment of section 49 of Act of 1993
  13. Amendment of Heritage Act 1995
  14. Amendment of section 1 of Occupiers’ Liability Act 1995
  15. Amendment of Act of 1997
  16. Amendment of Act of 2000
  17. Amendment of Schedule 4 to Valuation Act 2001
  18. Amendment of Act of 2001
  19. Amendment of Maritime Safety Act 2005
  20. Amendment of section 29 of Disability Act 2005
  21. Amendment of section 28 of Prisons Act 2007
  22. Amendment of section 4 of Environment (Miscellaneous Provisions) Act 2011
  23. Amendment of section 19 of Forestry Act 2014
  24. Amendment of section 202 of Minerals Development Act 2017 PART 13 Miscellaneous amendments Chapter 1 Amendment of Foreshore Act 1933
  25. Amendment of section 1E of Foreshore Act 1933 Chapter 2 Amendment of Lough Corrib Navigation Act 1945
  26. Amendment of Lough Corrib Navigation Act 1945 - insertion of sections 16A and 16B Chapter 3 Amendment of Planning and Development Act 2000
  27. Amendment of section 182A of Act of 2000
  28. Disapplication of section 182A of Act of 2000
  29. Disapplication of Chapters II and III of Part XXI of Act of 2000
  30. Amendment of section 280 of Act of 2000
  31. Amendment of section 281 of Act of 2000
  32. Amendment of section 285 of Act of 2000
  33. Amendment of section 286 of Act of 2000
  34. Amendment of section 287 of Act of 2000 Chapter 4 Amendment of Wildlife (Amendment) Act 2000 and Wildlife (Amendment) Act 2023
  35. Amendment of section 18A of Wildlife (Amendment) Act 2000
  36. Amendment of section 7 of Wildlife (Amendment) Act 2023 Chapter 5 Amendment of Valuation Act 2001
  37. Definition
  38. Amendment of section 28 of Act of 2001
  39. Amendment of section 38 of Act of 2001
  40. Amendment of section 53 of Act of 2001
  41. Amendment of section 56 of Act of 2001 Chapter 6 Amendment of Local Government Act 2001
  42. Amendment of section 19A of Act of 2001 Chapter 7 Amendment of Local Government Rates and other Matters Act 2019
  43. Definition
  44. Rate to be levied on occupiers of relevant property
  45. Rate book
  46. Amendment of section 9 of Act of 2019
  47. Amendment of section 10 of Act of 2019
  48. Duty on person to notify local authority of ceasing to be or becoming liable person, etc.
  49. Amendment of section 12 of Act of 2019
  50. Payment of rates on sale of property
  51. Amendment of section 14 of Act of 2019
  52. Amendment of section 17 of Act of 2019
  53. Construction of sections 65 and 106 of Poor Relief (Ireland) Act 1838
  54. Amendment of section 21 of Act of 2019
  55. Amendment of Schedule to Act of 2019 Chapter 8 Amendment of Maritime Area Planning Act 2021
  56. Definition
  57. Amendment of section 3 of Act of 2021
  58. Amendment of section 75 of Act of 2021
  59. When MAC is required after grant of certain development permission
  60. Amendment of section 76 of Act of 2021
  61. When MAC is not required
  62. Amendment of section 144 of Act of 2021
  63. Disapplication of section 144
(1)(
  1. a)or (
  2. b)of Act of 2021 in specified circumstances SCHEDULE 1 Repeals SCHEDULE 2 Compulsory Acquisition of Registered Monument under section 51 PART 1 Definitions PART 2 Acquisition of Land by Minister PART 3 Acquisition of Land by Local Authority SCHEDULE 3 UNESCO Convention concerning Protection of the World Cultural and Natural Heritage done in Paris on 23 November 1972 SCHEDULE 4 Compulsory Acquisition of Archaeological Object Under section 98 SCHEDULE 5 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects done at Rome on 24 June 1995 SCHEDULE 6 UNESCO Convention on Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property done in Paris on 17 November 1970 SCHEDULE 7 UNESCO Convention on Protection of Underwater Cultural Heritage done in Paris on 6 November 2001 SCHEDULE 8 Statements which may be subject of certificate under section 206 - presumptions Acts Referred to Ancient Monuments Protection (Ireland) Act 1892 (55 & 56 Vict. c. 46) Ancient Monuments Protection Act 1882 (45 & 46 Vict. c. 73) Ancient Monuments Protection Act 1910 (1 Geo. V. c. 3) Arbitration Act 2010 (No. 1) Architectural Heritage (National Inventory) and Historic Monuments (Miscellaneous Provisions) Act 1999 (No. 19) Civil Service Regulation Act 1956 (No. 46) Companies Act 2014 (No. 38) Coroners Act 1962 (No. 9) Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (No. 4) Criminal Justice (Theft and Fraud Offences) Act 2001 (No. 50) Criminal Justice Act 1951 (No. 2) Criminal Law Act 1997 (No. 14) Criminal Procedure Act 1967 (No. 12) Defence Act 1954 (No. 18) Derelict Sites Act 1990 (No. 14) Disability Act 2005 (No. 14) Environment (Miscellaneous Provisions) Act 2011 (No. 20) Fines (Payment and Recovery) Act 2014 (No. 7) Foreshore Act 1933 (No. 12) Foreshore Acts 1933 to 2022 Forestry Act 2014 (No. 31) Heritage Act 1995 (No. 4) Holycross Abbey (County Tipperary) Act 1969 (No. 7) Irish Church Act 1869 (32 & 33 Vict. c. 42) Irish Church Act Amendment Act 1881 (44 & 45 Vict. c. 71) Irish Land Act 1903 (3 Edw. 7 c. 37) Irish Land Commission (Dissolution) Act 1992 (No. 25) Land and Conveyancing Law Reform Act 2009 (No. 27) Lands Clauses Acts Legal Services Regulation Act 2015 (No. 65) Local Government (Sanitary Services) Act 1964 (No. 29) Local Government (Sanitary Services) Acts 1878 to 2001 Local Government Act 1946 (No. 24) Local Government Act 1991 (No. 11) Local Government Act 2001 (No. 37) Local Government Acts 1925 to 2022 Local Government Rates and other Matters Act 2019 (No. 24) Lough Corrib Navigation Act 1945 (No. 37) Maritime Area Planning Act 2021 (No. 50) Maritime Area Planning Acts 2021 and 2022 Maritime Jurisdiction Act 2021 (No. 28) Maritime Safety Act 2005 (No. 11) Mercantile Marine Act 1955 (No. 29) Merchant Shipping (Registration of Ships) Act 2014 (No. 43) Merchant Shipping (Salvage and Wreck) Act 1993 (No. 34) Minerals Development Act 2017 (No. 23) Ministers and Secretaries Act 1924 (No. 16) Ministers and Secretaries Acts 1924 to 2017 National Archives Act 1986 (No. 11) National Cultural Institutions Act 1997 (No. 11) National Monuments (Amendment) Act 1954 (No. 37) National Monuments (Amendment) Act 1987 (No. 17) National Monuments (Amendment) Act 1994 (No. 17) National Monuments (Amendment) Act 2004 (No. 22) National Monuments Act 1930 (No. 2) National Monuments Acts 1930 to 1994 National Monuments Acts 1930 to 2004 National Monuments Acts 1930 to 2014 Occupiers' Liability Act 1995 (No. 10) Petty Sessions (Ireland) Act 1851 (14 & 15 Vict. c. 93) Planning and Development Act 2000 (No. 30) Planning and Development Acts 2000 to 2022 Police (Property) Act 1897 (60 & 61 Vict. c.30) Poor Relief (Ireland) Act 1838 (1 & 2 Vict., c. 56) Prisons Act 2007 (No. 10) Prompt Payment of Accounts Act 1997 (No. 31) Public Health (Ireland) Act 1878 (41 & 42 Vict. c. 52) Registration of Title Act 1964 (No. 16) Sale of Goods Act 1893 (56 & 57 Vict. c. 71) Shannon Electricity Act 1925 (No. 26) State Property Act 1954 (No. 25) Statute of Limitations 1957 (No. 6) Succession Act 1965 (No. 27) Taxes Consolidation Act 1997 (No. 39) Tourist Traffic Act 1952 (No. 15) Valuation Act 2001 (No. 13) Valuation Acts 2001 to 2020 Wildlife (Amendment) Act 2000 (No. 38) Wildlife (Amendment) Act 2023 (No. 25) Number 26 of 2023 HISTORIC AND ARCHAEOLOGICAL HERITAGE AND MISCELLANEOUS PROVISIONS ACT 2023 An Act to repeal the National Monuments Acts 1930 to 2014 and replace those Acts with provisions for the protection of historic heritage, provisions for the protection of archaeological heritage, provisions for the regulation of certain activities in the interests of such protection and provisions enabling the State to ratify or accede to certain international conventions which relate to such protection or regulation; to give effect to the EIA Directive and the Habitats Directive in relation to the carrying out of works at, on, in, under, to, or within the immediate surroundings of monuments; to give further effect to the Valletta Convention; to consequentially repeal or amend certain other enactments; to make miscellaneous amendments to the Foreshore Act 1933 , the Lough Corrib Navigation Act 1945 , the Planning and Development Act 2000 , the Wildlife (Amendment) Act 2000 , the Valuation Act 2001 , the Local Government Act 2001 , the Environment (Miscellaneous Provisions) Act 2011 , the Local Government Rates and other Matters Act 2019 , the Maritime Area Planning Act 2021 and the Wildlife (Amendment) Act 2023 ; and to provide for related matters. [13th October, 2023] Be it enacted by the Oireachtas as follows: PART 1 Preliminary and General 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. 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; “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— (
  1. a)the digging or excavating is not in connection with archaeological excavation or any other archaeological purpose, and (
  2. 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— (
  3. a)either— (
  4. i)a chattel, or (
  5. 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, (
  6. 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 (
  7. c)an historic object having no known owner; “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— (
  8. a)structures and buildings together with their settings and attendant grounds, fixtures and fittings, (
  9. b)groups of structures and buildings referred to in paragraph (a), and (
  10. c)sites, 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— (
  11. 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 (
  12. 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— (
  13. a)the trade fixtures, domestic fixtures and ornamental fixtures of the building, (
  14. b)the machinery and equipment fixed or attached to the building, and (
  15. c)any other fixtures of the building; “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— (
  16. a)a company formed and registered under the Act of 2014, or (
  17. 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”— (
  18. 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 (
  19. b)does not include— (
  20. i)a camera operating in visible wavelengths, or (
  21. 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 20142 ; “enactment” means— (
  22. a)an Act of the Oireachtas, (
  23. 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 (
  24. c)an instrument made under an Act of the Oireachtas or a statute referred to in paragraph (b); “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— (
  25. 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 (
  26. 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— (
  27. a)section 21 , or (
  28. 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 19923 on the conservation of natural habitats and of wild fauna and flora as amended by Council Directive 97/62/EC of 27 October 19974 , Regulation (EC) No. 1882/2003 of the European Parliament and of the Council of 29 September 20035 , Council Directive 2006/105/EC of 20 November 20066 and Council Directive 2013/17/EU of 13 May 20137 ; “Habitats Regulations” means the European Communities (Birds and Natural Habitats) Regulations 2011 ( S.I. No. 477 of 2011 ); “historic” includes historical; “historic heritage” includes— (
  1. a)archaeological heritage, architectural heritage, landscapes, wrecks one hundred or more years old or otherwise of historic interest and historic objects, and (
  2. 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— (
  3. a)moveable mechanisms of transport of such interest, and (
  4. 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— (
  5. a)the monument, or (
  6. 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— (
  7. a)a ship which is an Irish ship within the meaning of— (
  8. i)subject to subparagraph (ii), section 9 of the Mercantile Marine Act 1955 , or (
  9. ii)on and from the commencement of section 7 of the Merchant Shipping (Registration of Ships) Act 2014 , section 33 of that Act, or (
  10. b)a vessel which is— (
  11. i)not registered under the law of another country, and (
  12. ii)owned by, or leased or chartered to— (I) an individual resident in the State, or (II) a company; “land” includes— (
  13. a)tenements, hereditaments, houses and buildings, land covered by water and any estate, right, title or interest in or over land, (
  14. b)the substratum of land, (
  15. c)the sea bed, and (
  16. 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— (
  1. a)a registered monument, or (
  2. b)a prescribed monument which is not a registered monument; “monument to which general protection applies” means— (
  3. 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 (
  1. c)a prescribed monument (not being a registered monument); “monument to which special protection applies” means— (
  2. 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— (
  1. 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 (
  2. b)any person employed by the Commissioners whether on a contract of service or for service; “officer of the Minister” includes— (
  3. 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 (
  4. 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”— (
  5. 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— (
  6. i)is entitled to receive the rack rent of the land, or (
  7. 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, (
  8. b)in relation to a chattel, means any one or more of the following: (
  9. 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; (
  10. ii)a bailor of the chattel; (iii) the donor of the chattel as a conditional gift, (
  11. 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 (
  12. 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— (
  13. a)a tenant of the land whose tenancy is for a period of not more than one year, (
  14. b)a tenant at will of the land, (
  15. c)a tenant at sufferance of the land, (
  16. d)a person entitled to occupancy of the land by or under a licence (whether granted under this Act or another enactment), or (
  17. 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— (
  1. a)the prescribed monument, (
  2. b)the relevant thing of a relevant interest, or (
  3. c)the registered monument, 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— (
  4. a)the prescribed monument, (
  5. b)the relevant thing of a relevant interest, or (
  6. c)the registered monument, 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— (
  1. a)a Minister of the Government (or a Minister of State), (
  2. b)the Commissioners, (
  3. c)a body (not being a local authority) established by or under an enactment (other than the Act of 2014)— (
  4. i)which is not an existing company, and (
  5. ii)the principal function of which is not the provision of financial services to the public, or (
  6. 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: (
  1. a)any artificial structure, construction, deposit, feature or layer (including any building and any burial or interment); (
  2. b)any artificially altered structure, construction, deposit, feature or layer, whether or not natural in origin; (
  3. c)any wreck; (
  4. d)any ritual or ceremonial site; (
  5. e)any site where an historic event took place, including any other site directly associated with that event; (
  6. f)any battlefield; (
  7. g)any site with legendary or mythological associations; (
  8. 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— (
  9. a)an area which is submerged at high water of ordinary spring tides, (
  10. b)an estuary or arm of the sea, and (
  11. c)the tidal waters of a channel, creek, bay, river, canal, waterway or other watercourse; “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— (
  12. a)section 20
(1), (b) section 22
(3), (c) section 24
(1), or (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— (
  1. a)such thing being done in accordance with all the conditions (if any) of the licence, and (
  2. 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: (
  1. a)aircraft; (
  2. b)archaeological object; (
  3. c)architectural heritage; (
  4. d)building; (
  5. e)chattel; (
  6. f)deposit; (
  7. g)historic object; (
  8. h)monument; (
  9. i)relevant thing; (
  10. 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. (
  1. d)A reference to the Minister in Part 4 (except in paragraph (
  2. 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. 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: (
  1. 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; (
  2. 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; (
  3. c)that any removal or alteration of historic heritage should be accompanied by all necessary and appropriate recording of such heritage; (
  4. 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; (
  5. 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. Application 4.
(1)Subject to subsections
(2)and
(4), the extent of the territorial application of this Act is that this Act applies— (
  1. a)within the State (including its internal waters and territorial seas) and the contiguous zone, and (
  2. 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. 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. 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. 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 Interpretation and identity and whereabouts of owner of land, etc. 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— (
  1. a)a monument to which general protection applies, or (
  2. b)a monument to which special protection applies; “draft general notice” means— (
  3. 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— (
  1. a)a general list notice, or (
  2. 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— (
  1. a)the prescribed monument (not being a registered monument), (
  2. b)the relevant thing of a relevant interest, or (
  3. c)the registered monument, as the case may be, that is the subject of that Register action; “registration number”— (
  4. 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— (
  1. a)the enactments repealed by section 7 as those enactments were in force immediately before being so repealed, and (
  2. 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— (
  3. 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, (
  4. b)any office of a local authority whose functional area is situated, in whole or in part, in that geographical area, (
  5. c)any post office situated in that geographical area, (
  6. d)any Garda Síochána station situated in that geographical area, (
  7. e)any office, situated in that geographical area, of a public authority where that office provides services to owners of land including farmers, or (
  8. 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. 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. Identity and whereabouts of owner of land 10. For the purposes of this Part and Schedule 2 — (
  1. 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 (
  2. b)without prejudice to the generality of paragraph (a), the identity and whereabouts of a person shall be treated as unknown if— (
  3. i)his or her identity is known but his or her whereabouts are unknown, or (
  4. ii)his or her whereabouts are known but his or her identity is unknown. 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 Prescribed monuments Prescribed monuments 12.
(1)(
  1. a)Subject to paragraphs (
  2. b)and (c), there may be prescribed, for the purposes of this Act, a class of relevant things which falls within any of paragraphs (
  3. a)to (
  4. h)of the definition of “relevant thing” in section 2 . (
  5. b)The Minister shall not exercise his or her power under paragraph (
  6. a)unless he or she is of the opinion that the relevant things which fall within the class of relevant things concerned— (
  7. i)are of archaeological interest or of other relevant interest, and (
  8. 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. (
  9. 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). (
  10. d)A thing which falls within a class of relevant things— (
  11. i)prescribed under paragraph (a), or (
  12. ii)deemed under paragraph (
  13. 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: (
  1. 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; (
  2. b)morphology; (
  3. c)condition; (
  4. 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); (
  5. e)the environment in which the relevant thing is situated (including whether or not the relevant thing is situated under water); (
  6. f)the circumstances in which the relevant thing is found (including the manner of finding); (
  7. g)whether the relevant thing is or is not marked or shown on any— (
  8. i)edition of any ordnance map, or (
  9. ii)map prescribed for the purposes of this paragraph. Requirement to report finding of prescribed monument 13.
(1)This section applies to a prescribed monument other than a prescribed monument which— (
  1. a)is a registered monument, or (
  2. 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)(
  1. a)Paragraph (
  2. b)applies where a person finds, or believes that he or she has found, a thing to which this section applies. (
  3. 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. (
  1. c)Different periods may be prescribed for making a preliminary report of the finding of a thing under this section by reference to— (
  2. i)specified classes of persons, or (
  3. 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)(
  1. b)shall, in the report— (
  2. i)state his or her name and address, (
  3. 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). (
  4. 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. (
  1. b)A person who is given a return referred to in paragraph (
  2. 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)(
  1. a)required to be completed by a person shall require the person to specify the following in the return: (
  2. a)his or her name and address; (
  3. b)the date and time when he or she found the thing concerned; (
  4. c)a description of the thing (which may include a photograph or other image of the thing); (
  5. d)the circumstances in which he or she found the thing; (
  6. e)the site of the thing (which may include a photograph or other image of the site); (
  7. 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— (
  1. a)the activity is carried out under and in accordance with a licence, and (
  2. 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)(
  1. 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— (
  2. a)a preliminary report under subsection
(2)(
  1. b)made by the person— (
  2. i)does not relate to a thing to which this section applies, (
  3. ii)does not merit the completion of such return, or (iii) is trivial or vexatious, or (
  4. 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— (
  1. a)the thing is not a thing to which this section applies, (
  2. b)the site does not contain a thing to which this section applies, (
  3. 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, (
  4. d)the inspection is not merited or is otherwise unnecessary, or (
  5. e)the return is trivial or vexatious.
(11)Nothing in this section shall be construed to prejudice the generality of section 189 . Chapter 3 Establishment of Register of Monuments and related provisions 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)(
  1. 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. (
  2. 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— (
  1. 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 (
  2. 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)(
  1. 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— (
  2. i)the monument’s or thing’s amenities, and (
  3. 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. (
  4. 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)(
  1. 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— (
  2. 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 (
  3. ii)to do so assists applying special protection to such monument or thing. (
  4. 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— (
  5. 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 (
  6. 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: (
  1. a)the level of archaeological, architectural, historic or cultural interest of the monument or thing; (
  2. b)the physical integrity of the monument or thing; (
  3. c)the level of community or amenity value of the monument or thing; (
  4. d)the likelihood of the monument or thing, if it were to become a registered monument, being protected in situ; (
  5. 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. 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— (
  1. a)a statement— (
  2. 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, (
  3. 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— (
  1. a)if paragraph (
  2. 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 (
  3. b)if paragraph (
  4. 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). 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— (
  1. a)the results of surveys, inventories and inspections that have been carried out under this Act, and (
  2. 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. 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— (
  1. a)consult with the Council to seek its views (if any) on the action, (
  2. b)have regard to those views (if any) in deciding whether or not to take the action, and (
  3. 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. 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 Register actions and consultation on potential Register actions 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— (
  1. i)containing or accompanied by a map which shows where the monument is situated, (
  2. 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; (
  3. 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— (
  1. i)on the website of the Department, and (
  2. ii)at such relevant sites, in that geographical area, specified by the Minister in the national newspaper notice as the Minister considers appropriate; (
  3. 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— (
  1. i)on the website of the Department, and (
  2. 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)— (
  1. a)a revision to a general list notice may be effected by means of a supplement to the notice, and (
  2. 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: (
  1. a)the specific notice or general notice given in respect of the monument; (
  2. b)a map contained in or accompanying the specific notice or general notice; (
  3. c)information contained in the specific notice or general notice; (
  4. 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— (
  1. a)a Register action causes the Register action monument to cease to be a registered monument, and (
  2. 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)(
  1. b)shall, in relation to the Register action and the geographical area to which it relates— (
  2. 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, (
  3. b)contain or be accompanied by a map which shows where each of those monuments is situated, (
  4. 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, (
  5. 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 (
  6. 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)(
  1. c)shall, in relation to the Register action and geographical area to which it relates, be a general list notice— (
  2. 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, (
  3. b)containing or accompanied by a map which shows where each of those monuments is situated, (
  4. 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, (
  5. 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 (
  6. 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.
(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. 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— (
  1. a)the Register action falls, whether in whole or in part, within paragraph (
  2. c)of the definition, in section 8 , of “Register action”, or (
  3. b)the Register action falls, in whole, within paragraph (
  4. 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— (
  1. a)the Register action falls, whether in whole or in part, within paragraph (
  2. c)of the definition, in section 8 , of “Register action”, or (
  3. b)the Register action falls, in whole, within paragraph (
  4. 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— (
  1. a)a national monument, (
  2. b)a wreck referred to in section 135 , or (
  3. c)a guardianship monument. General protection to be applied to all registered monuments, etc., to which special protection is not applied 21. Section 27 applies to— (
  4. 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). 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— (
  1. i)containing or accompanied by a map which shows where the monument is situated, (
  2. 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, (
  3. b)consider the representations in writing (if any) made to the Minister by the owner in respect of the potential Register action (section 22)— (
  4. 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)(
  1. c)stating that he or she has declined to proceed with the potential Register action (section 22), or (
  2. 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— (
  1. a)publish, on the website of the Department, particulars of the action, (
  2. b)consult with the Council to seek its views (if any) on the action, (
  3. c)have regard to those views (if any) in deciding whether or not to take the action, and (
  4. 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). 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— (
  1. 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: (
  2. 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 Special protection for certain registered monuments 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 Works at, etc., monuments 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— (
  1. a)archaeological excavation, (
  2. b)works (including dismantling) carried out to the monument for the purpose of repairing, restoring or protecting the monument, or (
  3. c)the temporary or permanent removal of the monument for a purpose connected with— (
  4. i)the repair of the monument, (
  5. ii)the protection of the monument, (iii) the preservation of the health or safety or welfare of members of the public, or (
  6. 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— (
  1. a)as to whether proposed relevant works would be likely to have significant effects on the environment, and (
  2. 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. Application - Chapter 6 26.
(1)Subject to subsections
(2)and
(4), this Chapter applies to any (including any combination) of the following: (
  1. a)a proposal by a person for the carrying out of relevant works; (
  2. b)a proposal by a person to direct or authorise the carrying out of relevant works; (
  3. c)the carrying out of relevant works by a person; (
  4. d)the directing or authorising by a person of the carrying out of relevant works.
(2)(
  1. a)Subject to paragraph (b), this Chapter (apart from this subsection) does not apply to— (
  2. i)the authorisation of a proposal for the carrying out of relevant works, or (
  3. 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. (
  4. 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— (
  5. i)the proposal for the carrying out of relevant works, or (
  6. 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— (
  1. 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 (
  2. b)the Minister is satisfied that— (
  3. i)such works are capable (and without having regard to any particular case) of being relevant works, and (
  4. 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 (
  5. b)of the definition of “relevant authorisation” in subsection
(5).
(5)In this section, “relevant authorisation” means— (
  1. a)planning permission under the Act of 2000, or (
  2. b)a licence, consent, approval, permission or other authorisation prescribed under subsection
(4)for the purposes of this paragraph. 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)(
  1. a)This subsection applies to relevant works other than relevant works— (
  2. i)which require either— (I) a licence by virtue of Part 6 , or (II) an AA necessitated by a provision of this Act, or (
  3. 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— (
  1. 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, (
  2. ii)the relevant days referred to in subparagraph (
  3. i)have elapsed and the person has been given a notice under subsection
(4)(
  1. b)stating that the notice referred to in subparagraph (
  2. 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)(
  1. b)stating that the Minister has decided that the relevant works should not be subject to conditions. (
  2. c)Subject to paragraph (d), a notice under paragraph (b)(
  3. 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, (ii) the powers under that Regulation requiring the submission of a Natura impact statement (within the meaning of Regulation 2 of those Regulations) shall, in respect of that first-mentioned notice, be exercisable by the Minister, and (iii) where the Minister determines that an AA is required— (I) the first-mentioned notice shall cease to have effect, and (II) the notice concerned under subsection
(4)(
  1. b)shall inform that person of the Minister’s determination and the reasons therefor and of the cesser referred to in clause (I). (
  2. d)Paragraph (
  3. c)shall not apply to a notice under paragraph (b)(
  4. i)where the Minister is satisfied that the relevant works to which the notice relates have been the subject of— (
  5. i)a screening for AA (as construed in accordance with Part 5 of the Habitats Regulations), under another enactment (whether the Act of 2000 or otherwise), which complies with Part 5 of the Habitats Regulations, or (
  6. ii)an AA under another enactment from which it can be concluded that the carrying out of the relevant works would not be incompatible with that AA.
(3)A notice under subsection
(2)(b)(
  1. i)shall be in the specified form and, without prejudice to the generality of section 223 , shall— (
  2. a)state the name and address of the person giving the notice and, if available, a telephone number at which he or she may normally be contacted, (
  3. b)where the monument to which the notice relates is included in a general notice or draft general notice— (
  4. i)identify that monument by reference to any individual identification number used in respect of it in that notice, and (
  5. ii)identify the notice by reference to the geographical area the subject of the notice, (
  6. c)where a specific notice or a section 23 consultation notice was given, identify the monument to which the notice under subsection
(2)(b)(
  1. i)relates by reference to any identification number used in respect of it in the specific notice or section 23 consultation notice, as the case may be, (
  2. d)state the general nature of the relevant works and— (
  3. i)whether they will involve the disturbance of the surface of land or the substratum of land or interference with any building or structure, and (
  4. ii)whether they will effect a European site and, if so, the likely nature of that effect, (
  5. e)specify whether the relevant works will take place in relation to all or part of the monument and, if the latter, identify such part, (
  6. f)specify, by reference to calendar dates, the period during which the relevant works are intended to be carried out or that it is intended that the relevant works will be carried out on an ongoing basis, as the case may be, (
  7. g)provide such other information as may be prescribed, whether generally or in respect of any particular monument or class of monuments, and (
  8. h)be given to the Minister by sending it— (
  9. i)by prepaid registere

AI explanation based on the official legal text. Indicative, not a substitute for legal advice.