Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023

Construction of functions conferred on relevant authority by this Chapter

78. (1) The performance of functions conferred on the relevant authority by this Chapter shall be subject to any provisions of this Act specifying requirements that any act or other matter be done under and in accordance with a licence, except as otherwise provided in this Act.

(2) The functions conferred on the relevant authority by this Chapter are in addition to, and not in substitution for, any functions conferred on the authority under any other enactment or otherwise.

(3) Where, in relation to a particular national monument, a question arises between the Minister and a local authority as to which of them is the relevant authority in relation to that monument, the Minister, after—

(a) having consulted with the authority and the Commissioners on the question, and

(b) having regard to—

(i) the views respectively of the authority and the Commissioners on the question, and

(ii) the nature of the estate, right, title or interest respectively held by the Minister and the authority in the monument or in or over the land on which the monument is situated, or both, as appropriate,

shall, by notice published in Iris Oifigiúil, decide the question and the Minister’s decision shall be final.