Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023

Registration as burden affecting registered land and related matters

46. (1) The fact that the particulars of a monument have been entered in the Register affecting an interest in land which is registered land within the meaning of the Act of 1964 shall be registrable as a burden affecting such land and Tailte Éireann, on application being made to it in that regard by the Minister, shall comply with the application.

(2) Nothing in this section shall be construed as—

(a) requiring particulars of a monument to be registered under the Act of 1964,

(b) restricting the application of any provision of this Act to a monument the particulars of which are not registered under the Act of 1964, or

(c) without prejudice to the generality of paragraphs (a) and (b), enabling a person to claim, in any proceedings, that he or she was not on notice, whether under this Act or otherwise, of an entry in the Register in respect of a monument the particulars of which have not been registered under the Act of 1964.