National Monuments (Amendment) Act, 1987
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Register of Historic Monuments. |
5.—(1) The Commissioners shall cause to be established and maintained a register of historic monuments which shall be known as “the Register of Historic Monuments” and is referred to in this Act as “the Register”. | |
(2) The Commissioners shall cause to be entered in the Register the name, location and a brief description of— | ||
(a) the historic monuments in the State which are known to them upon the commencement of this section, | ||
(b) the other archaeological areas in the State which are known to them upon such commencement, and | ||
(c) any historic monuments, or other archaeological areas, which become known to them after such commencement | ||
and which, in their opinion, should be so entered. | ||
(3) The Commissioners may amend or delete an entry in the Register. | ||
(4) Subject to subsection (6) of this section, the Commissioners shall, as soon as may be after the establishment of the Register, cause to be published in Iris Oifigiúil a list specifying the historic monuments and archaeological areas then entered in the Register and such extracts, if any, from the Register in relation to those monuments and areas as they think appropriate. | ||
(5) The Commissioners shall, as soon as may be after the making of an addition to, amendment of, or deletion from the Register, cause notice of the addition, amendment or deletion to be published in Iris Oifigiúil. | ||
(6) The name, location and a brief description of a monument that was included in a list published in Iris Oifigiúil pursuant to section 8 of the National Monuments (Amendment) Act, 1954 , shall be entered in the Register, but subsection (4) of this section shall not apply in relation to the monument. | ||
(7) Where— | ||
(a) an entry is made in the Register in respect of a historic monument, or other archaeological area, or | ||
(b) an entry made in the Register in respect of a monument or other archaeological area is amended or deleted, | ||
the Commissioners shall, as soon as may be, cause the reputed owner and (if the owner is not the occupier) the reputed occupier of the monument or area to be notified in writing of the entry, amendment or deletion as the case may be and, in a case to which paragraph (a) of this subsection applies, of the penalties which may be incurred by a person guilty of an offence under this section or section 2 of this Act. | ||
(8) Where the owner or occupier (not being the Commissioners) of a historic monument or archaeological area that is entered in the Register or any other person proposes to carry out, or to cause or permit the carrying out of, any work at or in relation to the monument or area, he shall give notice in writing of his proposal to the Commissioners and shall not, except in a case of urgent necessity and with the consent of the Commissioners, commence the work for a period of two months after having given the notice. | ||
(9) A notification under subsection (7) of this section shall be sent to the person concerned by registered post or be delivered to him by hand by an officer, servant or agent of the Commissioners. | ||
(10) A person shall not, otherwise than in accordance with subsection (8) of this section or a consent under section 14 (2) of the Principal Act, demolish or remove wholly or in part or disfigure, deface, alter or in any manner interfere with a historic monument that is entered in the Register. | ||
(11) A person who contravenes this section shall be guilty of an offence. | ||
(12) Prima facie evidence of the fact that a historic monument or archaeological area is entered in the Register may be given in any court by the production of a copy of Iris Oifigiúil purporting to contain a list published therein pursuant to subsection (4) of this section or section 8 of the National Monuments (Amendment) Act, 1954 , or a notice published therein pursuant to subsection (5) of this section, being a list or notice in which is specified the monument or archaeological area, as the case may be, aforesaid. |