Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023

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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

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

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

72. Provisions supplementary to section 71

Chapter 16

Provisions applicable to registered monuments in ownership or guardianship of Minister or local authority (national monuments)

73. Application of Chapter 16

74. Definitions - Chapter 16

75. Maintenance and presentation of national monuments

76. Powers of certain officers

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

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

Chapter 17

Provisions supplementary to Chapter 16

79. Definitions - Chapter 17

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

81. Protection of national monuments and members of public

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

83. Provisions supplementary to sections 81 and 82

84. Display of bye-laws, etc.

85. Powers of authorised officers

Chapter 18

Fixed payment notices

86. Definitions - Chapter 18

87. Authorised officers

88. Fixed payment notice for relevant offence

Chapter 19

Enforcement of easements and covenants, etc.

89. Enforcement of easements and covenants, etc.

PART 3

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

90. Interpretation

91. World Heritage Property in State

92. Competent authority

93. Consultation

94. Savings

PART 4

Archaeological Objects

Chapter 1

Definitions

95. Definitions - Part 4

Chapter 2

Ownership and disposal of archaeological objects

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

97. Disapplication of Statute of Limitations 1957, etc.

98. Acquisition of archaeological object by Minister

99. Disposal of archaeological object

100. Supplementary provisions

Chapter 3

Finding of archaeological objects

101. Requirement to report finding of archaeological object

102. Safekeeping of thing to which section 101 applies

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

104. Safekeeping of relevant archaeological objects

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

106. Provisions supplementary to sections 101 to 105

Chapter 4

Placing of archaeological objects in designated museums

107. Designation of museums to which Chapter 4 applies

108. Placing of archaeological object in designated museum

109. Transfer of archaeological object placed in designated museum

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

111. Savings

Chapter 5

Payment of rewards

112. 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.

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

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

Chapter 7

Duties of coroners in respect of reports of human remains

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

Chapter 8

Alteration of archaeological object

116. 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

117. Interpretation - Chapter 9

118. Circuit Court’s jurisdiction under this Chapter

119. Convention to have effect in State

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

121. Possessor of stolen or illegally exported cultural object and compensation

122. Provisions supplementary to sections 120 and 121

123. Interim and interlocutory orders

124. 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

125. Definitions - Chapter 10

126. Minister shall prescribe cultural property for purposes of Convention

127. Minister may prescribe requirements for certification of exports of cultural property

128. Prohibition of import of certain categories of stolen cultural property

129. Prohibition of possession of, or dealing in, certain categories of cultural property

130. Regulations regarding sale of cultural property

Chapter 11

Passing of title to archaeological and historic objects, etc., obtained through dishonesty

131. 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.

132. Definitions - Chapter 1

133. Application of Chapter 2 of Part 4, section 112 and Schedule 4 to relevant wrecks

134. Salvage payments

135. Special protection to be applied to relevant wrecks, etc.

136. 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

137. Interpretation - Chapter 2

138. Carrying out by relevant persons of activities directed at underwater cultural heritage beyond the limits of territorial seas

139. 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.

140. Protection of underwater cultural heritage in exclusive economic zone of State, etc.

141. Protection of underwater cultural heritage in exclusive economic zone of state party, etc.

142. Reporting of discovery of underwater cultural heritage or intention to engage in activities directed at underwater cultural heritage in the Area

143. Protection of underwater cultural heritage in the Area

144. Powers of Minister where State is Coordinating State under Article 10 or 12 of UNESCO Convention

145. Provisions supplementary to section 144

146. Provisions relating to acceptance by relevant person of grant by state party of authorisation under Article 10 or 12 of UNESCO Convention

147. Restriction on import of underwater cultural heritage

PART 6

Other Activities Licensable under this Act and Related Matters

148. Other activities licensable under this Act and related matters

PART 7

Licences

Chapter 1

Interpretation

149. Interpretation - Part 7

Chapter 2

Applications for licence and grant, refusal, revocation or suspension of licence

150. Application for licence

151. Grant or refusal of licence, etc.

152. Assessment of competence

153. Consultation

154. Revocation or suspension, etc., of licence

Chapter 3

Assignment of licence

155. Assignment of licence

Chapter 4

Appeals

156. Appeals officers

157. Appeals

PART 8

Inventories, Records and Research, Publication and Promotion of Public Knowledge and Awareness

Chapter 1

Inventories

158. Inventories

Chapter 2

Records

159. Protection of records in certain circumstances

Chapter 3

Research, publication and promotion of knowledge and awareness

160. Definitions - Chapter 3

161. Research and promotion of knowledge, interest and awareness

162. Publication

163. Provision of assistance by relevant authority

164. Assistance may be subject to conditions

165. Copyright and related matters

PART 9

Issuing of Guidelines and Matters Relating to Historic Heritage

166. Guidelines for EIAs

167. Guidelines for local authorities

168. Co-ordination and development of public policy on historic heritage

169. Promotion of best practice in relevant disciplines and professions

170. Promotion of protection of historic heritage by public authorities

171. Public authority and local authority to have regard to historic heritage

PART 10

Implementation and Enforcement

Chapter 1

General prohibitions

172. False or misleading statements, etc.

173. Knowingly supplying equipment, machinery or vehicles for use in offence under this Act

174. Obstruction

Chapter 2

Offences

175. Offences - general

176. Offences - regulations

177. Offences - bye-laws

178. Continuing offences

179. Offences by bodies corporate

180. Inferences from failure or refusal to account for detection device

Chapter 3

Defences

181. Defence for relevant offences

182. Defence in respect of offences committed at sea or on water

183. Defence that act was carried out to protect or record elements of archaeological, architectural or historic heritage in immediate danger of destruction

184. Defence that person was acting as servant or agent

185. Defence in relation to finding of prescribed monuments

186. Defence in relation to relevant works

187. Defence in relation to finding of archaeological objects

Chapter 4

General powers of officers, servants and agents, etc.

188. General powers of officers, servants and agents, etc., of relevant authority

Chapter 5

Inspections

189. Powers of Minister in respect of inspections

190. Powers of Board in respect of inspections

Chapter 6

Provision supplementary to Chapters 4 and 5

191. Construction of Chapters 4 and 5

192. Signage

Chapter 7

Enforcement notices

193. Definitions - Chapter 7

194. High Court’s and Circuit Court’s jurisdiction under this Chapter

195. Issue of enforcement notices

196. Application for cancellation of direction specified in enforcement notice

197. Injunctions

198. Burden of proof

199. Other provisions of this Part not prejudiced

200. Rules of court

Chapter 8

Arrest, search and seizure powers

201. Powers under this Chapter are additional to other powers

202. Definition - Chapter 8

203. Powers of arrest, search and seizure of relevant bodies

204. Provisions supplementary to section 203

Chapter 9

Evidentiary and procedural matters

205. Inferences, evidential burdens and onuses of proof arising in certain circumstances

206. Evidentiary presumptions

207. Vicarious liability

208. Procedural provisions applicable in case of offence involving sea or sea bed or land covered by water

209. Summary proceedings

210. Time limit for offences that may only be brought by summary proceedings

Chapter 10

Costs of prosecutions and civil proceedings and recovery of debts

211. Costs of prosecutions and applications for injunctions

212. Recovery of debts

Chapter 11

Codes of practice

213. Interpretation - Chapter 11

214. Codes of practice

215. Admissibility of codes of practice

Chapter 12

Miscellaneous

216. Taking possession of objects, etc., being held or treated, etc., in a manner in contravention of this Act, etc.

217. Minister may require certain information regarding title to lands

PART 11

Miscellaneous

218. Sharing of information

219. Delegation of functions under section 77(1) of Minister

220. Delegation of functions of Board

221. Ways of giving notice, etc.

222. Minister and notices, etc., under this Act

223. Power to specify form of documents

224. Revocation of certain old authorisations - transitional

225. Review of operation of Act

PART 12

Consequential Amendments to Other Enactments

226. Amendment of section 26 of Act of 1869

227. Amendment of section 7 of Tourist Traffic Act 1952

228. Amendment of section 270 of Defence Act 1954

229. Saving for monuments - sanitary services

230. Saving for monuments - derelict sites

231. Amendment of section 49 of Act of 1993

232. Amendment of Heritage Act 1995

233. Amendment of section 1 of Occupiers’ Liability Act 1995

234. Amendment of Act of 1997

235. Amendment of Act of 2000

236. Amendment of Schedule 4 to Valuation Act 2001

237. Amendment of Act of 2001

238. Amendment of Maritime Safety Act 2005

239. Amendment of section 29 of Disability Act 2005

240. Amendment of section 28 of Prisons Act 2007

241. Amendment of section 4 of Environment (Miscellaneous Provisions) Act 2011

242. Amendment of section 19 of Forestry Act 2014

243. Amendment of section 202 of Minerals Development Act 2017

PART 13

Miscellaneous amendments

Chapter 1

Amendment of Foreshore Act 1933

244. Amendment of section 1E of Foreshore Act 1933

Chapter 2

Amendment of Lough Corrib Navigation Act 1945

245. Amendment of Lough Corrib Navigation Act 1945 - insertion of sections 16A and 16B

Chapter 3

Amendment of Planning and Development Act 2000

246. Amendment of section 182A of Act of 2000

247. Disapplication of section 182A of Act of 2000

248. Disapplication of Chapters II and III of Part XXI of Act of 2000

249. Amendment of section 280 of Act of 2000

250. Amendment of section 281 of Act of 2000

251. Amendment of section 285 of Act of 2000

252. Amendment of section 286 of Act of 2000

253. Amendment of section 287 of Act of 2000

Chapter 4

Amendment of Wildlife (Amendment) Act 2000 and Wildlife (Amendment) Act 2023

254. Amendment of section 18A of Wildlife (Amendment) Act 2000

255. Amendment of section 7 of Wildlife (Amendment) Act 2023

Chapter 5

Amendment of Valuation Act 2001

256. Definition

257. Amendment of section 28 of Act of 2001

258. Amendment of section 38 of Act of 2001

259. Amendment of section 53 of Act of 2001

260. Amendment of section 56 of Act of 2001

Chapter 6

Amendment of Local Government Act 2001

261. Amendment of section 19A of Act of 2001

Chapter 7

Amendment of Local Government Rates and other Matters Act 2019

262. Definition

263. Rate to be levied on occupiers of relevant property

264. Rate book

265. Amendment of section 9 of Act of 2019

266. Amendment of section 10 of Act of 2019

267. Duty on person to notify local authority of ceasing to be or becoming liable person, etc.

268. Amendment of section 12 of Act of 2019

269. Payment of rates on sale of property

270. Amendment of section 14 of Act of 2019

271. Amendment of section 17 of Act of 2019

272. Construction of sections 65 and 106 of Poor Relief (Ireland) Act 1838

273. Amendment of section 21 of Act of 2019

274. Amendment of Schedule to Act of 2019

Chapter 8

Amendment of Maritime Area Planning Act 2021

275. Definition

276. Amendment of section 3 of Act of 2021

277. Amendment of section 75 of Act of 2021

278. When MAC is required after grant of certain development permission

279. Amendment of section 76 of Act of 2021

280. When MAC is not required

281. Amendment of section 144 of Act of 2021

282. Disapplication of section 144(1)(a) or (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: