Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023

• Permanent Page URL

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—

(a) a monument to which general protection applies, or

(b) a monument to which special protection applies;

“draft general notice” means—

(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—

(a) a general list notice, or

(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—

(a) the prescribed monument (not being a registered monument),

(b) the relevant thing of a relevant interest, or

(c) the registered monument,

as the case may be, that is the subject of that Register action;

“registration number”—

(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—

(a) the enactments repealed by section 7 as those enactments were in force immediately before being so repealed, and

(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—

(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,

(b) any office of a local authority whose functional area is situated, in whole or in part, in that geographical area,

(c) any post office situated in that geographical area,

(d) any Garda Síochána station situated in that geographical area,

(e) any office, situated in that geographical area, of a public authority where that office provides services to owners of land including farmers, or

(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.