Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023

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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—

(i) containing or accompanied by a map which shows where the monument is situated,

(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;

(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—

(i) on the website of the Department, and

(ii) at such relevant sites, in that geographical area, specified by the Minister in the national newspaper notice as the Minister considers appropriate;

(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—

(i) on the website of the Department, and

(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)—

(a) a revision to a general list notice may be effected by means of a supplement to the notice, and

(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:

(a) the specific notice or general notice given in respect of the monument;

(b) a map contained in or accompanying the specific notice or general notice;

(c) information contained in the specific notice or general notice;

(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—

(a) a Register action causes the Register action monument to cease to be a registered monument, and

(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)(b) shall, in relation to the Register action and the geographical area to which it relates—

(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,

(b) contain or be accompanied by a map which shows where each of those monuments is situated,

(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,

(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

(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)(c) shall, in relation to the Register action and geographical area to which it relates, be a general list notice—

(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,

(b) containing or accompanied by a map which shows where each of those monuments is situated,

(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,

(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

(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.