Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023

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SCHEDULE 4

Compulsory Acquisition of Archaeological Object Under section 98

Section 98

1. In this Schedule—

“owner”, in relation to a relevant interest in an archaeological object, includes—

(a) a reputed owner of the interest, and

(b) in the case of paragraph (b) of the definition of “relevant interest”, the owner of that interest immediately before the interest ceased to subsist in the object by virtue of the operation of a vesting order (archaeological object);

“relevant interest”—

(a) in relation to an archaeological object the subject of a notice under paragraph 2(1)(a), means any property interest or right in or over the object that, if the Minister were to compulsorily acquire the object in the terms specified in the notice, would cease to subsist in the object by virtue of the vesting order (archaeological object) concerned, and

(b) in relation to an archaeological object the subject of a vesting order (archaeological object), means any property interest or right in or over the object that—

(i) subsisted in the object immediately before that order was made, and

(ii) has ceased to subsist in the object by virtue of that order;

“vesting order (archaeological object)” shall be construed in accordance with paragraph 4(1).

2. (1) Subject to subparagraph (2), where the Minister proposes to compulsorily acquire an archaeological object under section 98 , he or she shall—

(a) (i) publish a notice stating his or her intention to acquire the archaeological object compulsorily under section 98 —

(I) in Iris Oifigiúil, and

(II) in at least one national newspaper,

and

(ii) in the notice, specify a cut-off date (being a period of not less than 6 weeks immediately following the date of publication of the notice) for the purposes of paragraph 3(1),

and

(b) give a copy of the notice under clause (a) to every owner of a relevant interest in the object whose name and address at which he or she ordinarily resides (whether in or outside the State) are known to the Minister.

(2) The Minister shall ensure that the discharge of his or her obligation under subparagraph (1)(b) in respect of an archaeological object occurs not later than 30 days after his or her discharge of an obligation under subparagraph (1)(a)(i)(I) in respect of that object.

3. (1) Any owner of a relevant interest in an archaeological object the subject of a notice under paragraph 2(1)(a) may, before the cut-off date specified in the notice, submit to the Minister an objection in the specified form (which may be a statutory declaration), setting out the grounds for the objection, to the proposed compulsory acquisition referred to in the notice.

(2) An owner who submitted an objection under subparagraph (1) may withdraw it by notice in writing given to the Minister.

(3) Where, in relation to the proposed compulsory acquisition of an archaeological object under section 98 , an objection is submitted to the Minister in accordance with subparagraph (1) and is not withdrawn, the Minister shall consider the objection as soon as is practicable and, by notice in writing given to the owner who submitted the objection—

(a) decline to uphold the objection, for the reasons stated in the notice, in respect of all of the archaeological object to which the objection relates, or

(b) uphold the objection, for the reasons stated in the notice, in respect of all or part of the archaeological object to which the objection relates.

4. (1) Where, in relation to any archaeological object in respect of which paragraph 2 has been complied with—

(a) no objection is submitted to the Minister in accordance with paragraph 3,

(b) any such objection which is submitted is subsequently withdrawn or the Minister’s consideration of the objection under paragraph 3(3) results in the objection being—

(i) declined to be upheld under paragraph 3(3)(a), or

(ii) upheld under paragraph 3(3)(b) but in respect of part only of that object,

and

(c) the Minister for Public Expenditure, National Development Plan Delivery and Reform gives his or her consent to the compulsory acquisition of the object by the Minister,

the Minister may by order (in this Schedule referred to as a “vesting order (archaeological object”)) in the prescribed form, acquire the object (but excluding any part of that object referred to in clause (b)(ii)).

(2) A vesting order (archaeological object) shall be expressed and shall operate to vest the archaeological object to which it relates in the Minister free (subject to any exceptions expressly specified in the order) from any property interest or right in or over the object on a specified date not earlier than 21 days after the making of the order.

(3) Whenever the Minister makes a vesting order (archaeological object), he or she shall, within 14 days after making the order—

(a) publish a copy of it in Iris Oifigiúil, and

(b) give a copy of the order to every owner of a relevant interest in the archaeological object whose name and the address at which he or she ordinarily resides (whether in or outside the State) are known to the Minister.

5. (1) The owner of a relevant interest in an archaeological object the subject of a vesting order (archaeological object) may, within 3 months (or such longer period, not exceeding 6 months, as the Minister may in any particular case allow) from the date on which a copy of the order is published in Iris Oifigiúil in accordance with paragraph 4(3), make an application in the specified form to the Minister to be paid compensation in respect of that interest.

(2) The Minister shall, as soon as practicable after receiving an application under subparagraph (1), appoint a person (in this paragraph referred to as the “assessor”) in respect of whom the Minister is satisfied has the requisite qualifications, knowledge and experience to carry out the assessment referred to in subparagraph (3).

(3) The assessor shall, in respect of the application under subparagraph (1) which gave rise to his or her appointment as the assessor, as soon as is practicable after such appointment, consider the application and, applying his or her qualifications, knowledge and experience to the archaeological object the subject of the application, assess the specified sum of compensation (which may be a nil or token sum) that the assessor is of the opinion that the Minister ought to offer the owner who made the application in respect of the relevant interest concerned (in this paragraph referred to as the “assessed offer”) and give notice in writing to the Minister of such assessment.

(4) Subject to subparagraph (5), the Minister shall, as soon as is practicable after receiving a notice under subparagraph (3)—

(a) make the assessed offer, or

(b) decline to make the assessed offer and revoke the vesting order (archaeological object) concerned to the extent that the order relates to the relevant interest the subject of the assessed offer.

(5) The Minister shall not make the assessed offer unless he or she has the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform to do so.

(6) The assessor shall be independent in the performance of his or her functions under this paragraph.

(7) Nothing in this paragraph shall be construed to prevent an assessment of the value of an archaeological object being carried out for the purposes of the Minister’s consideration of its acquisition under section 98 .

(8) An assessor shall be paid such remuneration (if any) and such allowances for expenses as the Minister specifies in writing with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform.