LegalizeNational Monuments (Amendment) Act 2004
1 Interpretation.
1.—In this Act “Principal Act” means the National Monuments Act 1930.
2 Amendment of section 2 of Principal Act.
2.—Section 2 of the Principal Act is amended:
(a) by deleting the definition of “the Minister”, and
(b) by inserting the following after the definition of “national monument”:
“the word ‘works’ includes development works of national, regional or local importance;”.
3 Meaning assigned to “Minister” etc.
3.—The Principal Act is amended by inserting the following section after section 2:
| “Meaning assigned to ‘Minister’. | 2A.—(1) In this Act, and in every other Act that is to be construed as one with this Act, unless the context otherwise requires ‘Minister’— (a) except when paragraph (b) of this definition applies, means the Minister for the Environment, Heritage and Local Government, and (b) in relation to the performance of any function involving the day-to-day operation of a property— (i) which immediately before 16 December 2003, was in the guardianship or ownership, or under the management, of the Minister for the Environment, Heritage and Local Government by or under the National Monuments Acts 1930 to 1994, or (ii) on or after 16 December 2003, of which that Minister of the Government becomes the guardian or owner, means the Minister for Finance. (2) Nothing in subsection (1) of this section affects— (a) the functions vested in the Minister for Arts, Sport and Tourism by— (i) the Arts and Culture (Transfer of Departmental Administration and Ministerial Functions) Order 2002 (S.I. No. 302 of 2002), or (ii) the National Monuments (Transfer of Departmental Administration and Ministerial Functions) Order 2002 (S.I. No. 358 of 2002), or (b) the functions of the Minister for Finance under— (i) sections 3(4) and 15(3) of the Principal Act, or (ii) sections 3(10) and 24(3) of the National Monuments (Amendment) Act 1987. (3) The functions vested in the Minister for Finance and the Minister for the Environment, Heritage and Local Government by virtue of subsection (1) of this section may be vested in the same Minister of the Government pursuant to an order under section 6(1) of the Ministers and Secretaries (Amendment) Act 1939. (4) Subsection (1)(b) of this section does not affect the granting of a consent under section 14 of this Act or of a consent to which section 14C of the Act relates.”. |
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4 Transfer of functions, etc. to Minister.
4.—(1) The functions vested in the Commissioners of Public Works in Ireland under the National Monuments Acts 1930 to 1994 which were not transferred to the Minister for Arts, Culture and the Gaeltacht by the Heritage (Transfer of Functions of Commissioners of Public Works) Order 1996 (S.I. No. 61 of 1996) and were not subsequently transferred, are transferred to the Minister, being the Minister as defined by section 2A (inserted by this Act) of the Principal Act.
(2) (a) The administration and business in connection with the performance or exercise of any functions transferred by this section to the Minister for the Environment, Heritage and Local Government are transferred to the Department of the Environment, Heritage and Local Government.
(b) The administration and business in connection with the performance or exercise of any functions transferred by this section to the Minister for Finance are transferred to the Department of Finance.
(3) In this section “functions” includes powers and duties, and references to the performance of functions include, as respects powers and duties, references to the exercise of powers and the carrying out of duties.
5 Injury to national monuments, etc.
5.—The Principal Act is amended by substituting the following sections for section 14:
This document does not substitute the official text published in the Irish Statute Book. We accept no responsibility for any inaccuracies arising from the transcription of the original into this format.