S.I. No. 356/2002 - Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2002

The Government, in exercise of the powers conferred on them by section 6 (1) of the Ministers and Secretaries (Amendment) Act 1939 (No. 36 of 1939), hereby order as follows:

1.       (1)        This Order may be cited as the Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2002.

(2)        This Order comes into operation on 10 July 2002.

2.        In this Order “functions” includes powers and duties.

3.       (1)        The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are transferred to the Department of the Environment and Local Government.

(2)        References to the Department of Community, Rural and Gaeltacht Affairs contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of the Environment and Local Government.

4.       (1)        The functions vested in the Minister for Community, Rural and Gaeltacht Affairs -

(a)        by or under any of the instruments or the provisions of the enactments mentioned in Part 1 of the Schedule to this Order,

(b)        under the Regulations mentioned in Part 2 of that Schedule, and

(c)        in relation to the Royal Botanic Gardens (specified in the First Part of the Schedule to the Ministers and Secretaries (Amendment) Act 1928 ( No. 6 of 1928 )),

are transferred to the Minister for the Environment and Local Government.

(2)        References to the Minister for Community, Rural and Gaeltacht Affairs contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for the Environment and Local Government.

5.       Where, immediately before the commencement of this Order, any legal proceedings are pending to which the Minister for Community, Rural and Gaeltacht Affairs is a party and the proceedings have reference to functions transferred by this Order to the Minister for the Environment and Local Government, the name of the Minister for the Environment and Local Government shall, in so far as the proceedings relate to any function transferred by this Order be substituted in the proceedings for that of the Minister for Community, Rural and Gaeltacht Affairs or added in the proceedings, as may be appropriate, and the proceedings shall not abate by reason of such substitution.

6.       Anything commenced before the commencement of this Order by or under the authority of the Minister for Community, Rural and Gaeltacht Affairs may, in so far as it relates to functions transferred by this Order to the Minister for the Environment and Local Government, be carried on or completed on or after such commencement by the Minister for the Environment and Local Government.

7.       Every document (including any certificate or licence) granted or made in the exercise of a function transferred by this Order shall, if and in so far as it was operative immediately before the commencement of this Order, have effect on and after such commencement as if it had been granted or made by the Minister for the Environment and Local Government.

8.       References to the Minister for Community, Rural and Gaeltacht Affairs contained in the memorandum and articles of association of any company and relating to any function transferred by this Order shall, on and after the commencement of this Order, be construed as references to the Minister for the Environment and Local Government.

9.       (1)        All property, rights and liabilities held, enjoyed or incurred before the commencement of this Order by the Minister for Community, Rural and Gaeltacht Affairs, in connection with the functions transferred by this Order shall be and are transferred to the Minister for the Environment and Local Government and, accordingly, without any further conveyance, transfer or assignment -

(a)        the said property, real and personal, shall, on such commencement, vest in the Minister for the Environment and Local Government,

(b)        the said rights shall, as on and from such commencement, be enjoyed by the Minister for the Environment and Local Government,

(c)        the said liabilities shall, as on and from such commencement, be the liabilities of the Minister for the Environment and Local Government.

(2)        All moneys, stocks, shares and securities transferred to the Minister for the Environment and Local Government by this Article which, on such commencement, are standing in the name of the Minister for Community, Rural and Gaeltacht Affairs shall on the request of the Minister for the Environment and Local Government be transferred into the name of the Minister for the Environment and Local Government.

SCHEDULE

PART 1

Enactments and provisions of enactments, functions under which are transferred from the Minister for Community, Rural and Gaeltacht Affairs to the Minister for the Environment and Local Government

Heritage Act 1995 ( No. 4 of 1995 ) (other than sections 7 and 8 and paragraph 9 of the Schedule in so far as they relate to inland waterways)

Irish Church Act 1869 (32 & 33 Vict. c. 42)

Section 14 of the Irish Land Act 1903 (3 Edw. 7 c. 37)

National Monuments Act 1930 (No. 2 of 1930)

National Monuments (Amendment) Act 1954 (No. 37 of 1954)

National Monuments (Amendment) Act 1987 (No. 17 of 1987)

National Monuments (Amendment) Act 1994 (No. 17 of 1994) (other than section 5(5) and 6(2))

Holy Cross Abbey (County Tipperary) Act 1969 (No. 7 of 1969)

Architectural Heritage (National Inventory) and Historic Monuments (Miscellaneous Provisions) Act 1999 (No. 19 of 1999)

Section 482 of the Taxes Consolidation Act 1997 (No. 39 of 1997)

Planning and Development Act 2000 (No. 30 of 2000) (in so far as it relates to or refers to the Minister for Community, Rural and Gaeltacht Affairs (except section 33 (3)(c)))

Section 16 (6)(a)(ii) of the Dublin Docklands Development Authority Act 1997 (No. 7 of 1997)

Section 51 (3)(b)(i) of the Roads Act 1993 (No. 14 of 1993)

Saint Stephen's Green (Dublin) Act 1877 (40 & 41 Vict. c. cxxxiv)

Phoenix Park Act 1925 (No. 31 of 1925)

Bourn Vincent Memorial Park Act 1932 (No. 31 of 1932)

Whale Fisheries Act 1937 (No. 4 of 1937)

Wildlife Act 1976 (No. 39 of 1976) (as amended by section 4 of the Firearms (Firearms Certificates for Non-Residents) Act 2000 (No. 20 of 2000))

Wildlife (Amendment) Act 2000 (No. 38 of 2000)

Section 5 of the Minister for Arts, Heritage, Gaeltacht and the Islands (Powers and Functions Act 1998 (No. 7 of 1998) (in so far as it relates to functions transferred from the Minister for Community, Rural and Gaeltacht Affairs under this Order or otherwise)

PART 2

Regulations, functions under which are transferred from the Minister for Community, Rural and Gaeltacht Affairs to the Minister for the Environment and Local Government

Planning and Development Regulations 2001 ( S.I. No. 600 of 2001 ) (in so far as they relate to or refer to the Minister for Community, Rural and Gaeltacht Affairs (except Article 28 (1)(n) Article 82 (3)(m), Article 121 (1)(m) and Article 179 (2)(p)))

Article 5 of the Waste Management (Planning) Regulations 1997 ( S.I. No. 137 of 1997 ) in so far as it relates to or refers to the Minister for Community, Rural and Gaeltacht Affairs

Article 18 of the Waste Management (Licensing) Regulations 2000 ( S.I. No. 185 of 2000 ) in so far as it relates to or refers to the Minister for Community, Rural and Gaeltacht Affairs

European Communities (Wildlife Act 1976) (Amendment) Regulations 1986 ( S.I. No. 254 of 1986 )

European Communities (Natural Habitats) Regulations 1997 ( S.I. No. 94 of 1997 )

Article 10 (1) (b) and (c) of the European Communities (Environmental Impact Assessment (Amendment) Regulations 2001 ( S.I. No. 538 of 2001 )

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order transfers to the Minister for the Environment and Local Government and to the Department of the Environment and Local Government, respectively, with effect from the date of this Order, the Departmental Administration and Ministerial functions in relation to Heritage.