Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023

Powers of certain officers

76. (1) Subsection (2) applies where it appears to an authorised officer that a person, in relation to a national monument—

(a) has acted, or is acting, in contravention of any condition, restriction or prohibition made or imposed under section 75 (3), or

(b) has failed to pay any charge payable under that section.

(2) (a) The authorised officer may direct the person to do any, or any combination of, the following:

(i) to comply with the condition, restriction or prohibition concerned;

(ii) to pay the charge concerned;

(iii) to provide his or her name and address to the officer;

(iv) to leave the monument or the vicinity of the monument.

(b) The person shall comply with a direction given under paragraph (a) to him or her.

(c) An authorised officer may request proof of identity of a person to whom he or she has given a direction under paragraph (a)(iii) where the officer has reasonable grounds for believing that the name or address, or both, provided pursuant to that direction is false or misleading.

(d) The person shall comply with a request made under paragraph (c) of him or her.

(e) In paragraph (c), “proof of identity”, in relation to a person, means—

(i) a driving licence,

(ii) a passport,

(iii) a student identity card from a school, recognised university, higher education institution or other education and training facility or from an equivalent school, university, institution or facility outside the State,

(iv) an age card issued by An Garda Síochána,

(v) an Irish residence permit issued by the Department of Justice,

(vi) a national identity card issued by a state other than the State, or

(vii) any other official document which includes in it a photograph of the person issued by or on behalf of the State or a state other than the State.