LegalizeHISTORIC AND ARCHAEOLOGICAL HERITAGE AND MISCELLANEOUS PROVISIONS ACT 2023
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4 amending acts · 2026-07-20, PLANNING AND DEVELOPMENT (AMENDMENT) ACT 2026
Act to repeal the National Monuments Acts 1930 to 2014 and replace those Acts with provisions for the protection of historic heritage, provisions for the protection of archaeological heritage, provisions for the regulation of certain activities in the interests of such protection and provisions enabling the State to ratify or accede to certain international conventions which relate to such protection or regulation; to give effect to the EIA Directive and the Habitats Directive in relation to the carrying out of works at, on, in, under, to, or within the immediate surroundings of monuments; to give further effect to the Valletta Convention; to consequentially repeal or amend certain other enactments; to make miscellaneous amendments to the Foreshore Act 1933, the Lough Corrib Navigation Act 1945, the Planning and Development Act 2000, the Valuation Act 2001, the Local Government Act 2001, the Local Government Rates and other Matters Act 2019 and the Maritime Area Planning Act 2021; and to provide for related matters.
“section 58 monument” has the meaning assigned to it by section 58(1);
“section 59 monument” has the meaning assigned to it by section 59(1);
“section 60 monument” has the meaning assigned to it by section 60(1);
“section 53 to section 60 monument” has the meaning assigned to it by section 61(1);
“section 23 revised general list consultation notice” shall be construed in accordance with section 23(1)(a)(iii);
“specific notice” has the meaning assigned to it by section 8.
A statement to the effect that a thing referred to in the statement—
- (a) is or is not a registered monument,
- (b) is or is not a prescribed monument (not being a registered monument), or
- (c) is or is not a national monument.
A statement to the effect that a registered monument referred to in the statement was or was not, on a date, or during a period, specified in the statement, a national monument.
A statement to the effect that a thing referred to in the statement has never been a registered monument.
A statement to the effect that a site referred to in the statement where works were carried out is at, on, in, or under, a site shown on a relevant map, referred to in the statement, is a registered monument.
A statement to the effect that a map referred to in the statement is a relevant map.
A statement to the effect that a site referred to in the statement where works were carried out is at, on, in, or under, a site shown on a map referred to in section 42(3) as a potential Register action monument (within the meaning of section 42(4)).
A statement to the effect that a map referred to in the statement is a map referred to in section 42(3) in respect of the potential Register action monument (within the meaning of section 42(4)) referred to in the statement.
A statement to the effect that a document referred to in the statement is, in respect of the Register action referred to in the statement—
- (a) a copy of the particulars (including any statements) entered in the Register or removed therefrom in consequence of that Register action,
- (b) a copy of the specific notice (if any) given in respect of that Register action,
- (c) a copy of the national newspaper notice (if any) referred to in section 19(1)(b) or (c) published in respect of that Register action,
- (d) a copy of the general notice (if any) made available for inspection by members of the public in consequence of that Register action, or
- (e) a copy of the specific notice (if any) published in Iris Oifigiúil pursuant to section 19(3) in respect of that Register action.
A statement to the effect that a document specified in the statement is, in respect of the potential Register action to which section 22 applies referred to in the statement—
- (a) a copy of the section 22 consultation notice given in respect of that potential Register action,
- (b) a copy of the map (if any) that accompanied the section 22 consultation notice given in respect of that potential Register action, or
- (c) a copy of the notice under section 22(1)(c) given in respect of that potential Register action.
A statement to the effect that a document specified in the statement is, in respect of the potential Register action to which section 23 applies referred to in the statement—
- (a) a copy of the section 23 consultation notice (if any) given in respect of that potential Register action,
- (b) a copy of the section 23 general list consultation notice (if any) or section 23 revised general list consultation notice (if any) published in a national newspaper in respect of that potential Register action,
- (c) a copy of the map (if any) that accompanied the section 23 consultation notice (if any) given in respect of that potential Register action,
- (d) a copy of the draft general notice (if any) made available for inspection by members of the public in consequence of that potential Register action, or
- (e) a copy of the notice under section 23(1)(c) given in respect of that potential Register action.
A statement to the effect that a thing referred to in the statement is a prescribed monument but not a registered monument.
A statement specifying the site or extent, or both, of a prescribed monument.
A statement to the effect that a thing referred to in the statement is or is not a section 53 monument, section 54 monument, section 55 monument, section 56 monument, section 57 monument, section 58 monument, section 59 monument or section 60 monument.
A statement to the effect that a thing referred to in the statement is or is not a section 64 burial ground or section 65 burial ground.
A statement to the effect that a section 64 burial ground specified in the statement was or was not, immediately before the commencement of Chapter 13 of Part 2—
- (a) a section 53 to 60 monument, or
- (b) vested in fee simple free from encumbrances—
- (i) in the Minister, or
- (ii) in the local authority in whose functional area the burial ground is situated.
A statement to the effect that a section 65 burial ground specified in the statement—
- (a) was or was not, immediately before the commencement of Chapter 11 of Part 2, a section 53 to 60 monument, or
- (b) is or is not a burial ground in respect of which the fee simple in it has not, at any time before the commencement of Chapter 13 of Part 2, been vested in a person at a direction given pursuant to section 26(2) of the Act of 1869.
A statement to the effect that a burial ground specified in the statement is a burial ground referred to, or entered, in Appendix No. 9 to the Report of the Church Temporalities Commission.
A statement to the effect that a registered monument specified in the statement is or is not in the ownership or guardianship of the Minister or a local authority.
A statement to the effect that an order specified in the statement is or is not an order under section 9(2) of the Act of 1930 that was in force immediately before the commencement of section 69.
A statement to the effect that an order specified in the statement is or is not an order under section 15 of the Act of 1925 that was in force immediately before the commencement of section 70.
A statement to the effect that a deed specified in the statement is or is not—
- (a) a deed made under section 5 of the Act of 1930, or
- (b) a deed referred to in section 6 of the Act of 1930,
that was in force immediately before the commencement of section 71.
A statement to the effect that a wreck specified in the statement is or is not a relevant wreck within the meaning of section 132.
Footnotes
OJ No. L26, 28.1.2012, p. 1
OJ No. L124, 25.4.2014, p. 1
OJ No. L206, 22.7.1992, p. 7
OJ No. L305, 8.11.1997, p. 42
OJ No. L284, 31.10.2003, p. 1
OJ No. L363, 20.12.2006, p. 368
OJ No. L193, 10.6.2013, p. 193
OJ No. L159, 28.5.2014, p. 1
OJ No. L151, 7.6.2019, p. 1
OJ No. L39, 10.2.2009, p. 1
OJ No. L119, 4.5.2016, p. 1
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