Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023

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Chapter 6

Works at, etc., monuments

Interpretation - Chapter 6

25. (1) In this Chapter—

“Act of 2011” means the Environment (Miscellaneous Provisions) Act 2011 ;

“applicant”, in relation to a relevant licence, means the person to whom the licence will relate if granted and notwithstanding that another person has made an application for the licence on behalf of the first-mentioned person;

“demolition”, in relation to a relevant monument to which special protection applies, does not include, in so far as any requirement for an EIA is concerned—

(a) archaeological excavation,

(b) works (including dismantling) carried out to the monument for the purpose of repairing, restoring or protecting the monument, or

(c) the temporary or permanent removal of the monument for a purpose connected with—

(i) the repair of the monument,

(ii) the protection of the monument,

(iii) the preservation of the health or safety or welfare of members of the public, or

(iv) the provision of access, by members of the public, to the monument;

“EIA portal” means the website referred to in section 172A of the Act of 2000;

“EIAR” means environmental impact assessment report;

“European site” has the meaning assigned to it by Regulation 2 of the Habitats Regulations;

“proposed relevant works”, in relation to a notice under section 27 (2)(b)(i), relevant licence, EIA or EIAR, means the proposed relevant works to which the notice, licence, EIA or EIAR, as the case may be, relates;

“regional assembly” means a body established in accordance with section 43 of the Local Government Act 1991 ;

“Regulations of 2011” means the European Communities (Environmental Impact Assessment) (Agriculture) Regulations 2011 ( S.I. No. 456 of 2011 );

“Regulations of 2017” means the Forestry Regulations 2017 ( S.I. No. 191 of 2017 );

“relevant application” means an application for the grant of a relevant licence;

“relevant licence” means a licence which, if granted, would result in relevant works;

“relevant monument” means the monument to which the relevant works, or proposed relevant works, relate;

“relevant opinion”, in relation to an EIAR, means the opinion (if any) given under section 34 (6) by the Minister on the scope and level of detail of the information to be included in the EIAR;

“relevant works” means works at, on, in, under, to, or within the immediate surroundings of, a monument;

“screening determination for EIA” means a determination made under this Chapter as part of a screening for EIA;

“screening for EIA” means a determination made under this Chapter—

(a) as to whether proposed relevant works would be likely to have significant effects on the environment, and

(b) if the relevant works would be likely to have such effects, that an EIA is required;

“submissions” includes observations;

“Transboundary Convention” means the United Nations Economic Commission for Europe Convention on Environmental Impact Assessment in a Transboundary context, done at Espoo (Finland), on 25 of February 1991;

“Transboundary State” means any other state party to the Transboundary Convention or Member State.

(2) Section 149 applies to the interpretation of this Chapter as it applies to the interpretation of Part 7 .

(3) A word or expression that is used in this Chapter has the same meaning as it has in the EIA Directive except as otherwise provided for in this Chapter or where the context otherwise requires.