Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023

(ii) the powers under that Regulation requiring the submission of a Natura impact statement (within the meaning of Regulation 2 of those Regulations) shall, in respect of that first-mentioned notice, be exercisable by the Minister, and

(iii) where the Minister determines that an AA is required—

(I) the first-mentioned notice shall cease to have effect, and

(II) the notice concerned under subsection (4)(b) shall inform that person of the Minister’s determination and the reasons therefor and of the cesser referred to in clause (I).

(d) Paragraph (c) shall not apply to a notice under paragraph (b)(i) where the Minister is satisfied that the relevant works to which the notice relates have been the subject of—

(i) a screening for AA (as construed in accordance with Part 5 of the Habitats Regulations), under another enactment (whether the Act of 2000 or otherwise), which complies with Part 5 of the Habitats Regulations, or

(ii) an AA under another enactment from which it can be concluded that the carrying out of the relevant works would not be incompatible with that AA.

(3) A notice under subsection (2)(b)(i) shall be in the specified form and, without prejudice to the generality of section 223, shall—

(a) state the name and address of the person giving the notice and, if available, a telephone number at which he or she may normally be contacted,

(b) where the monument to which the notice relates is included in a general notice or draft general notice—

(i) identify that monument by reference to any individual identification number used in respect of it in that notice, and

(ii) identify the notice by reference to the geographical area the subject of the notice,

(c) where a specific notice or a section 23 consultation notice was given, identify the monument to which the notice under subsection (2)(b)(i) relates by reference to any identification number used in respect of it in the specific notice or section 23 consultation notice, as the case may be,

(d) state the general nature of the relevant works and—

(i) whether they will involve the disturbance of the surface of land or the substratum of land or interference with any building or structure, and

(ii) whether they will effect a European site and, if so, the likely nature of that effect,

(e) specify whether the relevant works will take place in relation to all or part of the monument and, if the latter, identify such part,

(f) specify, by reference to calendar dates, the period during which the relevant works are intended to be carried out or that it is intended that the relevant works will be carried out on an ongoing basis, as the case may be,

(g) provide such other information as may be prescribed, whether generally or in respect of any particular monument or class of monuments, and

(h) be given to the Minister by sending it—

(i) by prepaid registered post or by any form of recorded delivery service in an envelope addressed to the Minister at his or her office, or

(ii) by sending it by such other means as may be prescribed.

(4) (a) A notice purporting to be a notice under subsection (2)(b)(i) but which does not comply with the requirements of subsection (3) shall not be a valid notice under subsection (2)(b)(i) for the purposes of this Act.

(b) Subject to subsection (2)(c), on receipt of a notice under subsection (2)(b)(i) from a person, the Minister shall, as soon as is practicable after he or she is satisfied that the notice does or does not comply with the requirements of subsection (3), give the person a notice in writing, as appropriate—

(i) stating that the Minister is satisfied that the first-mentioned notice is a valid notice, or

(ii) stating that the Minister is satisfied that the first-mentioned notice is not a valid notice in that it does not comply with such of those requirements as are identified in the second-mentioned notice.

(c) The Minister shall publish a notice of (and containing) his or her screening determination for AA in such form or manner as he or she considers appropriate including publication on the website of the Department, together with information on the procedure for seeking to have the decision judicially reviewed.

(5) A notice under subsection (2)(b)(i) shall have effect only to make lawful the relevant works to which it relates and in respect of which the period referred in that subsection has elapsed and which are carried out—

(a) within the period specified in the notice pursuant to subsection (3)(f) or within such other period as may be specified in conditions (if any) specified by the Minister under section 28(2)(a) or (4), and

(b) in accordance with any conditions (if any) specified by the Minister under section 28(2)(a) or (4).

(6) A notice under subsection (2)(b)(i) shall not operate to prevent special protection from being applied to the monument to which the notice relates.

(7) A notice under subsection (2)(b)(i) shall not be capable of being given in respect of—

(a) relevant works in respect of which a relevant licence has been applied for pending a decision by the Minister on such application,

(b) relevant works in respect of which a relevant licence has been granted under this Act unless, within a period of 10 working days following the grant of the licence, the person to whom it has been granted gives notice in the specified form to the Minister that he or she does not accept the licence, or

(c) relevant works which are (whether in whole or part), in addition to being a licensable activity under this section, a licensable activity under another provision of this Act.

(8) The reference to “relevant days” in subsection (2)(b)(i) means—

(a) subject to paragraph (b), 90 days, or

(b) such shorter number of days as is prescribed for relevant works which the Minister is satisfied are so minor or trivial, or otherwise insignificant, that the 90 days referred to in paragraph (a) would be excessively long in the case of such works.

(9) (a) On receipt of a notice under subsection (2)(b)(i), the Minister shall consider whether special protection should be applied to the monument to which the notice relates and, if the Minister considers that special protection should be applied to the monument, the period referred to in subsection (2)(b)(i) shall cease to run from the date on which the Minister gives the section 22 consultation notice concerned or publishes that notice in accordance with section 22(2), as the case may be.

(b) Where the period referred to in subsection (2)(b)(i) has ceased to run by virtue of paragraph (a) but the Minister subsequently gives the person concerned referred to in that subsection a notice in writing stating that special protection will not be applied to the monument for the time being, the unexpired portion of that period shall begin to run from the giving of that notice.

(10) Where, under subsection (9), the Minister decides that special protection will not be applied to a monument to which a notice under subsection (2)(b)(i) relates, that decision shall not operate to prevent special protection from being applied to the monument subsequently.

(11) Where a person who has given a notice under subsection (2)(b)(i) applies for a licence in respect of any or all of the relevant works to which the notice relates, the notice shall cease to have effect.

(12) Where the Minister receives a notice under subsection (2)(b)(i) and is of the opinion that the relevant works to which the notice relates may, if carried out, have significance to another state, he or she may, at his or her discretion, consult with an authority in that state, being an authority that has responsibilities as regards historic heritage in that state, in order to obtain the authority’s views (if any) on such works.

28. Attachment of conditions to certain relevant works

28. (1) Where—

(a) following the consideration referred to in section 27(9), the Minister decides not to apply special protection to the monument, or

(b) the Minister decides, following consultation under section 22, not to apply special protection to the monument,

the Minister shall consider whether or not the relevant works in respect of which the notice concerned has been given under section 27(2)(b)(i) should be made subject to conditions relating to any or all of the matters specified in subsection (5).

(2) Where the Minister decides that—

(a) relevant works should be subject to conditions, he or she shall, prior to the elapse of the notice period under section 27(2)(b)(i), specify such conditions and give notice in writing of them to the person who gave the notice concerned under that section, or

(b) relevant works should not be subject to conditions, he or she shall, prior to the elapse of the notice period under section 27(2)(b)(i), give notice in writing of that decision to the person who gave the notice concerned under that section.

(3) Conditions specified under subsection (2)(a) may, subject to subsection (5), include requirements that specified actions or steps be taken prior to the commencement of the relevant works in respect of which notice has been given under section 27(2)(b)(i) and that such works shall not commence until the Minister has had an opportunity to consider any report or assessment prepared on foot of the taking of such actions or steps, as the case may be, but any such consideration by the Minister shall not exceed a period of 30 working days following receipt of any such report or assessment.

(4) Subject to subsection (5), the Minister may, following consideration of any report or assessment received by him or her under subsection (3), specify further or additional conditions to which the relevant works concerned shall be subject and any conditions so specified shall have effect as if they were conditions specified under subsection (2)(a) and the Minister shall give notice of them in writing to the person who gave the notice concerned under section 27(2)(b)(i) and shall do so within the period specified in subsection (3).

(5) Conditions specified under subsection (2)(a) or (4) may require all or any of the following:

(a) the carrying out of an assessment of heritage interest or potential including, without prejudice to the generality of the foregoing, an assessment by way of archaeological excavation, use of detection devices or any form of photographic or geophysical survey equipment or any other appropriate form of survey or inspection;

(b) the recording of the monument as a whole or any part or aspect of it (including its immediate surroundings) or any objects on, in, under or within it or its immediate surroundings including, without prejudice to the generality of the foregoing, recording by way of archaeological excavation, use of detection devices or any form of photographic or geophysical survey equipment or any other appropriate form of survey or inspection;

(c) the carrying out of any form of monitoring (including archaeological monitoring), supervision or inspection;

(d) the salvaging, collection or protection of any part of the monument (including its immediate surroundings) or any object on, in, under or within it or its immediate surroundings and, where appropriate, the preparation of such part or object for deposition in an appropriate museum or other site for such deposition;

(e) the specification of the time period when the relevant works are to be carried out;

(f) that the relevant works in respect of which notice was given under section 27(2)(b)(i) and any thing required to be done by paragraph (a), (b), (c) or (d) be done in a specified manner or be funded or carried out by a specified person or a person falling within a specified category of persons including, without prejudice to the generality of the foregoing, that the doing of those relevant works or any thing referred to in that paragraph be subject to further conditions of any of the type set out in section 151(4) and, for that purpose, any reference in section 151(4) to “the licensable activity” shall be construed as a reference to the relevant works in respect of which notice was given under section 27(2)(b)(i) and any thing required to be done by paragraph (a), (b), (c) or (d).

(6) A reference in this section to an object on, in, under or within a monument includes a reference to an object found in the course of carrying out any thing referred to in paragraph (a), (b), (c) or (d) of subsection (5).

(7) The carrying out of any thing in fulfilment of a condition specified by the Minister under subsection (2)(a) or (4) shall not, in order for it to be lawful, require—

(a) the giving of a notice under section 27(2)(b)(i), or

(b) the granting of a licence except in so far as it would be a licensable activity under any provision of this Act other than this section.

(8) As the Minster thinks fit, a notice under subsection (2)(a) or (b) may be combined with a notice under section 27(4)(b) stating that the notice concerned under section 27(4)(b)(i) is a valid notice.

29. Exemption of certain relevant works from section 27

29. (1) In this section, “authorisation” includes a licence, consent, approval, permission or direction.

(2) Subject to subsections (3) and (6), a class of relevant works may be prescribed as a class of relevant works to which section 27 shall not apply.

(3) The Minister shall not exercise his or her power under subsection (2) in respect of a class of relevant works unless—

(a) the following requirements are met:

(i) that class of relevant works requires an authorisation under another enactment before that class of relevant works can be carried out;

(ii) that authorisation may be granted subject to conditions relating to the protection of monuments;

(iii) the enactment under which that authorisation may be granted provides for the Minister to be notified or consulted, by the person who may grant the authorisation and before the authorisation is granted, on the potential effect that the grant of the authorisation may have on monuments,

or

(b) the Minister is satisfied that the class of relevant works would not be likely to have significant effects on the environment or a European site by virtue, inter alia, of their nature, size or location (or any combination thereof) and the class of relevant works either—

(i) cannot reasonably be considered as creating a risk of damage to monuments, or

(ii) was an established recurrent activity before the monuments concerned became monuments to which general protection applies and in respect of which it would, in all the circumstances of the case, be reasonable to exercise that power.

(4) Subject to subsection (5), section 27 shall not apply to relevant works falling within a class of relevant works prescribed under subsection (2).

(5) This section shall be deemed never to have applied to works falling within a class of works, prescribed under subsection (2), to the extent to which a person referred to in subsection (3)(a)(iii) has failed to give the notification, or carry out the consultation, as the case may be, referred to in subsection (3)(a)(iii) in respect of those works.

(6) The Minister shall not exercise his or her power under subsection (2) in respect of a class of relevant works in such a way as to prevent access, by members of the public, to a monument.

30. Special protection and relevant works

30. Subject to section 31(3), a person shall not carry out relevant works where the relevant monument is a monument to which special protection applies, or direct or authorise the carrying out of such works, other than under and in accordance with a licence.

31. Exemption of certain relevant works from section 30

31. (1) Subject to subsections (2) and (4), a class of relevant works may be prescribed as a class of relevant works to which section 30 shall not apply.

(2) The Minister shall not exercise his or her power under subsection (1) in respect of a class of relevant works unless the Minister is satisfied that the class of relevant works would not be likely to have significant effects on the environment or a European site by virtue, inter alia, of their nature, size or location (or any combination thereof) and the class of relevant works either—

(a) cannot reasonably be considered as creating a risk of damage to monuments to which special protection applies, or

(b) was an established recurrent activity before the monuments concerned became monuments to which special protection applies and in respect of which it would, in all the circumstances of the case, be reasonable to exercise that power.

(3) Section 30 shall not apply to relevant works falling within a class of relevant works prescribed under subsection (2).

(4) The Minister shall not exercise his or her power under subsection (1) in respect of a class of relevant works in such a way as to prevent access, by members of the public, to a monument.

32. Application for screening for EIA

32. (1) An applicant for a relevant licence shall make an application in the specified form to the Minister for a screening determination for EIA where the proposed relevant works—

(a) fall within a class specified in Part 2 of Schedule 5 to the Planning and Development Regulations 2001 (S.I. No. 600 of 2001) but do not exceed the relevant quantity, area or other limit specified in that Part,

(b) consist of an activity within the meaning of Regulation 2(1) of the Regulations of 2011, or

(c) consist of development within the meaning of Regulation 12 of the Regulations of 2017.

(2) Without prejudice to the generality of section 223, an application under subsection (1) shall contain—

(a) the name and address of the applicant,

(b) where the applicant is not the owner or occupier of the land the subject of the proposed relevant works, the name and address of the owner and, where the owner is not the occupier of the land, the occupier,

(c) a location map for the proposed relevant works, and

(d) a description of the nature and extent of the proposed relevant works, their characteristics, their likely significant effects on the environment (including the information specified in Annex IIA to the EIA Directive) including, where relevant, information on how the available results of other relevant assessments of the effects on the environment carried out pursuant to European Union legislation other than the EIA Directive have been taken into account.

(3) An application under subsection (1) may be accompanied by a description of the features (if any) of the proposed relevant works and the measures (if any) envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment.

(4) An application under subsection (1) shall be accompanied by the prescribed fee (if any).

(5) For the purposes of enabling the Minister to carry out a screening for EIA on foot of an application under subsection (1), he or she may do either or both—

(a) seek further information that he or she considers necessary from the applicant or any other person that the Minister considers appropriate, and

(b) consult the Board, the local authority in whose functional area the relevant monument is situated and the regional assembly in whose administrative area such monument is situated and any other persons who the Minister considers appropriate in the circumstances,

and, where paragraph (a) or (b) applies, the Minister shall specify the period within which the information or views concerned are required to be received by the Minister.

(6) Subject to subsection (7), where the applicant is not the owner or occupier of the land the subject of the proposed relevant works, the Minister shall invite in writing—

(a) the owner to make a submission on an application made under subsection (1), and

(b) where the owner is not the occupier of the land, the occupier of that land to make such a submission,

and, where paragraph (a) or (b) applies, the Minister shall specify the period within which the submission or submissions is or are required to be received by the Minister.

(7) The invitation under subsection (6) shall state that the owner or occupier may provide a description of the features (if any) of the proposed relevant works and the measures (if any) envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment of the relevant works.

(8) The Minister may reject an application under subsection (1) if, in his or her opinion, the application is incomplete in any material detail.

(9) Where the Minister rejects an application in accordance with subsection (8), he or she shall—

(a) subject to subsection (10), return the documents to which subsection (2) relates to the applicant, and

(b) give reasons for his or her decision to the applicant,

and, where the applicant is not the owner or occupier of the land the subject of the proposed relevant works, the Minister shall also notify the owner and, where the owner is not the occupier of the land, the occupier of his or her decision under subsection (8).

(10) Subsection (9) is without prejudice to the Minister—

(a) making a copy of a document,

(b) retaining an electronic copy of a document, or

(c) by agreement with the applicant concerned, retaining a document,

to which that subsection relates.

33. Determination of application for screening for EIA

33. (1) The Minister shall make a screening determination for EIA in respect of the proposed relevant works on the basis of the information provided by the applicant under section 32(2) and, as the case may be, section 32(3) taking into account the relevant selection criteria specified in Annex III to the EIA Directive and, where relevant, the results of preliminary verifications or assessments of the effects on the environment carried out pursuant to European Union legislation (other than the EIA Directive).

(2) Where the Minister determines that the proposed relevant works would be likely to have significant effects on the environment, the screening determination for EIA shall specify, with reference to the relevant criteria listed in Annex III to the EIA Directive, the main reasons for that determination.

(3) Where the Minister determines that the proposed relevant works would not be likely to have significant effects on the environment, the screening determination for EIA shall specify, with reference to the relevant criteria listed in Annex III to the EIA Directive, the main reasons for that determination and any of the following that the Minister has relied upon in making the decision:

(a) any features of such works to avoid or prevent significant adverse effects on the environment;

(b) measures proposed by the Minister, the applicant or another person, as the case may be, to avoid or prevent what would otherwise be significant adverse effects on the environment.

(4) (a) Subject to paragraph (b), the Minister shall make his or her screening determination for EIA as soon as possible and within 90 days from the date on which the applicant has submitted to the Minister all the information referred to in section 32(2) or, as the case may be, section 32(3).

(b) The Minister may, in exceptional cases, including where the nature, complexity, location or size of the proposed relevant works justifies it, extend the 90 day period referred to in paragraph (a) in order to make his or her determination and in such cases he or she shall inform the applicant (and, where the applicant is not the owner or occupier of the land the subject of the proposed relevant works, the owner and, where the owner is not the occupier of the land, the occupier) in writing of the reasons justifying the extension and of the date when his or her determination is expected.

(5) Where, in consequence of the Minister’s screening determination for EIA, the applicant is not required to submit an EIAR to the Minister, the applicant shall comply with any specified measures relied upon by the Minister in accordance with subsection (3)(b) to make a determination.

(6) The Minister shall publish a notice of (and containing) his or her screening determination for EIA (including the matters referred to in subsection (2) or (3), as the case may be) on the website of the Department and in such other (if any) form or manner as he or she considers appropriate, together with information on the procedure for seeking to have the decision judicially reviewed.

34. Relevant works at, etc., relevant monument to be subject to EIA

34. (1) The Minister shall, in accordance with subsection (2), and as part of his or her consideration of a relevant application, ensure that, before the application is determined, proposed relevant works likely to have significant effects on the environment by virtue, inter alia, of their nature, size or location (or any combination thereof) are made subject to an EIA.

(2) (a) An EIA shall be carried out by the Minister in respect of a relevant application where the proposed relevant works would—

(i) be of a class specified in Part 1 of Schedule 5 to the Planning and Development Regulations 2001 and—

(I) such works would exceed any relevant quantity, area or other limit specified in that Part, or

(II) no quantity, area or other limit is specified in that Part in respect of such works,

(ii) be of a class specified in Part 2 of Schedule 5 to the Planning and Development Regulations 2001 and—

(I) such works would exceed any relevant quantity, area or other limit specified in that Part, or

(II) no quantity, area or other limit is specified in that Part in respect of such works,

or

(iii) consist of development referred to in Regulation 13(2)(a) or (b) of the Regulations of 2017.

(b) An EIA shall be carried out by the Minister in respect of a relevant application where the proposed relevant works, if carried out, would result in the demolition of a relevant monument to which special protection applies.

(c) An EIA shall be carried out by the Minister in respect of a relevant application where the proposed relevant works—

(i) would be of a class specified in Part 2 of Schedule 5 to the Planning and Development Regulations but do not exceed the relevant quantity, area or other limit specified in that Part,

(ii) consist of an activity within the meaning of Regulation 2(1) of the Regulations of 2011, or

(iii) consist of a development within the meaning of Regulation 12 of the Regulations of 2017,

and the Minister determines, pursuant to section 33, that such works would be likely to have significant effects on the environment.

(3) The applicant shall, where the Minister is required by subsections (1) and (2) to carry out an EIA in respect of the relevant application, submit to the Minister an EIAR in respect of the proposed relevant works.

(4) Where the applicant has not submitted an EIAR to the Minister in accordance with subsection (3), the Minister shall, by notice in writing given to the applicant, require the applicant to submit to the Minister an EIAR in respect of the proposed relevant works and the applicant shall, as soon as is practicable after being given that notice, comply with that requirement.

(5) (a) Subject to paragraphs (b) to (d), an EIAR submitted to the Minister under this Chapter shall include, in relation to the proposed relevant works, at least the following information:

(i) a description of the project comprising information on the site, design, size and other relevant features of the project;

(ii) a description of the likely significant effects of the project on the environment;

(iii) a description of the features of the project and measures envisaged in order to avoid, prevent or reduce and, if possible, offset the likely significant adverse effects on the environment;

(iv) a description of the reasonable alternatives studied by the developer, which are relevant to the project and its specific characteristics, and an indication of the main reasons for the option chosen, taking into account the effects of the project on the environment;

(v) a non-technical summary of the information referred to in subparagraph (i) to (iv);

(vi) any additional information specified in Annex IV of the EIA Directive relevant to the specific characteristics of a particular project or type of project and to the environmental features likely to be affected.

(b) Where a relevant opinion has been given, the EIAR shall be based on that opinion and include the information that may reasonably be required for reaching a reasoned conclusion on the significant effects of the project on the environment taking into account current knowledge and methods of assessment.

(c) The applicant shall, with a view to avoiding duplication of EIAs, take into account, in preparing the EIAR, the available results of other relevant assessments under European Union or national law.

(d) The applicant shall ensure that the EIAR is prepared by persons who have sufficient expertise in the matters to be the subject of the EIAR.

(6) Subject to subsections (7) to (11), if the applicant, before submitting the EIAR to the Minister under this Chapter, so requests, the Minister shall, after consulting the applicant, the Board, the local authority in whose functional area the relevant monument is situated and the regional assembly in whose administrative area such monument is situated and any other persons who the Minister considers appropriate in the circumstances, give an opinion in writing on the scope and level of detail of the information to be included in the EIAR.

(7) A request for a relevant opinion shall state the following:

(a) the name, address, telephone number and e-mail address (if any), of the applicant;

(b) the site, townland or postal address of the land on which the relevant monument is situated;

(c) a brief description of the proposed relevant works and of its possible effects on the environment.

(8) Where the Minister considers that he or she has insufficient information to enable him or her to give a relevant opinion, the Minister shall, as soon as is practicable, inform the applicant in writing that he or she is required to submit to the Minister, in writing, specified further information within a specified period, and the applicant shall comply with that requirement.

(9) In dealing with a request for a relevant opinion, the Minister shall have regard to the following:

(a) the information required to enable the Minister to perform his or her function under subsection (1) or to ensure compliance with the EIA Directive;

(b) the consultations under subsection (6);

(c) any information provided under subsection (7) and any further information submitted under subsection (8).

(10) The relevant opinion shall indicate the extent to which the additional information specified in Annex IV of the EIA Directive should be contained in the EIAR concerned.

(11) The giving by the Minister of the relevant opinion shall not prevent the Minister from requiring an applicant to submit further information under this Chapter.

35. Submissions on EIAR may be made to Minister

35. (1) Subject to subsection (2), where the applicant is required under this Chapter to submit an EIAR to the Minister, he or she shall, not more than 2 weeks before so submitting the EIAR, publish a notice of his or her intention to do so—

(a) in at least one national newspaper,

(b) on that part of the website of the Department set aside for that purpose, and

(c) on the EIA portal.

(2) A notice under subsection (1) shall state the following:

(a) the name of the applicant required to submit the EIAR;

(b) the site, townland or postal address of the land on which the relevant monument is situated;

(c) the nature and extent of the proposed relevant works;

(d) that an EIAR in relation to the proposed relevant works will be submitted to the Minister under this Chapter;

(e) that the EIAR will be available for inspection free of charge or purchase, at a fee not exceeding the reasonable cost of making a copy, during office hours at the offices of the Minister or such other convenient site as the Minister may specify;

(f) that the Minister, when he or she receives the EIAR, will make the EIAR available for inspection, for at least 5 weeks—

(i) on that part of the internet website of the Department set aside for that purpose, and

(ii) on the EIA portal;

(g) that submissions in relation to the EIAR may be made in writing to the Minister within the 5 weeks referred to in paragraph (f).

(3) The Minister shall specify such arrangements as he or she considers appropriate to allow the matters referred to in paragraph (e), (f) and (g) of subsection (2) to have effect.

(4) When submitting an EIAR to the Minister under this Chapter, the applicant shall accompany it with a copy of the relevant page of the national newspaper in which a notice under subsection (1) was published.

(5) Where it appears to the Minister that a notice published under subsection (1)—

(a) does not comply with one or more than one of the requirements of that subsection or subsection (2), or

(b) because of its content or for any other reason, is misleading or inadequate for the information of the public,

the Minister shall, by notice in writing given to the applicant, require the applicant to publish a further notice in the manner specified by the Minister and to provide to the Minister evidence that that further notice has been so published, and the applicant shall comply with those requirements.

(6) Where the applicant submits an EIAR to the Minister under this Chapter, the Minister, for consultation purposes, shall, as soon as is practicable following receipt of the EIAR, send a copy of the EIAR to the Board, the local authority in whose functional area the relevant monument is situated, the regional assembly in whose administrative area such monument is situated and any other person that the Minister considers appropriate in the circumstances.

(7) The Minister shall, when sending an EIAR to a person under subsection (6), inform the person that submissions in relation to the EIAR may be made in writing to the Minister within the 5 weeks referred to in subsection (2)(f).

36. Minister’s consideration of EIAR and power to require further action by applicant for relevant licence

36. (1) (a) The Minister shall consider whether an EIAR submitted under this Chapter to him or her—

(i) complies with the requirements of this Chapter,

(ii) complies with the relevant opinion, and

(iii) identifies and describes adequately the significant direct and indirect effects on the environment of the proposed relevant works.

(b) The Minister shall ensure that he or she has access, or has access as necessary, to persons who have sufficient expertise in the matters the subject of the EIA.

(c) Where necessary, the Minister may require the applicant to submit to him or her any additional information, specified in Annex IV of the EIA Directive, which is directly relevant to the Minister reaching the reasoned conclusion on the significant effects of the project on the environment, and the applicant shall comply with that requirement.

(2) Where the Minister considers that an EIAR submitted under this Chapter to him or her—

(a) does not comply with the requirements of this Chapter,

(b) does not comply with the relevant opinion (if any), or

(c) does not identify or describe adequately the direct and indirect effects on the environment of the proposed relevant works,

the Minister shall require the applicant to submit to him or her any further information that the Minister considers necessary for the purpose of remedying the matters concerned referred to in paragraphs (a) to (c), and the applicant shall comply with that requirement.

(3) In addition to any requirement arising under subsection (1)(c) or (2), the Minister shall require the applicant to provide any further information that the Minister considers necessary to enable him or her to carry out an EIA, and the applicant shall comply with that requirement.

(4) The Minister shall give notice in writing to the applicant of any requirement for further information under subsection (1)(c), (2) or (3) and any notice so given to the applicant shall, where applicable, specify in what way the EIAR does not comply with this Chapter or with a relevant opinion or does not identify or describe adequately the significant direct and indirect effects on the environment of the proposed relevant works.

(5) Where the Minister considers that further information submitted under subsection (1)(c), (2) or (3) contains significant additional data in relation to the effects on the environment of the proposed relevant works, the Minister shall, as soon as practicable after receipt of that further information—

(a) send a copy of the further information to any person consulted under section 34(6) and inform that person that submissions in relation to the further information may be made in writing to the Minister within a specified period,

(b) notify any person who made submissions in relation to the proposed relevant works of the matters specified in subsection (6), and

(c) require the applicant to publish a notice in at least one national newspaper stating the matters specified in subsection (7) (and the applicant shall comply with that requirement).

(6) The matters specified for the purpose of subsection (5)(b) are the following:

(a) that significant additional data in relation to the effects on the environment of the proposed relevant works has been provided to the Minister and that the further information submitted to the Minister containing that data is available for inspection, free of charge or for purchase at a fee not exceeding the reasonable cost of making a copy, at the offices of the Minister or such other convenient site as the Minister may specify;

(b) that the further information is available for inspection—

(i) on that part of the website of the Department set aside for that purpose, and

(ii) on the EIA portal;

(c) that submissions in relation to the further information may be made in writing to the Minister within a period specified by the Minister.

(7) The matters specified for the purpose of subsection (5)(c) are the following:

(a) the name of the applicant required to submit the EIAR;

(b) the site, townland or postal address of the land on which the relevant monument is situated;

(c) that significant additional data in relation to the effects on the environment of the proposed relevant works has been provided to the Minister and that the further information submitted to the Minister containing that data is available for inspection, free of charge or for purchase at a fee not exceeding the reasonable cost of making a copy, at the offices of the Minster or such other convenient site as the Minister may specify;

(d) that the further information is available for inspection—

(i) on that part of the website of the Department set aside for that purpose, and

(ii) on the EIA portal;

(e) that submissions in relation to the further information may be made in writing to the Minister within a period specified by the Minister.

(8) The Minister shall specify such arrangements as he or she considers appropriate to allow the matters referred to in paragraphs (a), (b) and (c) of subsection (6) and paragraphs (c), (d) and (e) of subsection (7) to have effect.

(9) Where it appears to the Minister that a notice published under subsection (5)(c)—

(a) does not comply with one or more than one of the requirements of that subsection or subsection (7), or

(b) because of its content or for any other reason, is misleading or inadequate for the information of the public,

the Minister shall, by notice in writing given to the applicant, require the applicant to publish a further notice in the manner specified by the Minister and to provide to the Minister evidence that that further notice has been so published, and the applicant shall comply with those requirements.

37. Carrying out of EIA by Minister, etc., and grant or refusal to grant relevant licence

37. (1) The Minister shall not grant a relevant licence other than where the requirements of this Chapter, including any requirement placed on the applicant by the Minister under this Chapter, have been complied with.

(2) In carrying out an EIA under this Chapter, the Minister shall take into account the following:

(a) the EIAR which was submitted to the Minister;

(b) any further information submitted to the Minister under this Chapter;

(c) any submissions made under this Chapter in relation to the environmental effects of the proposed relevant works;

(d) the views (if any) provided by any other Transboundary State under this Chapter.

(3) Where an EIA has been carried out by the Minister under this Chapter, the Minister shall, in deciding whether or not to grant a relevant licence, duly take into account the following:

(a) the EIA and its results and findings;

(b) the EIAR which was submitted to the Minister;

(c) any further information submitted to the Minister under this Chapter;

(d) any submissions made under this Chapter in relation to the environmental effects of the proposed relevant works;

(e) the views (if any) provided by any other Transboundary State under this Chapter.

(4) In carrying out an EIA under this Chapter, the Minister may take into account any reports prepared by his or her officers, agents or servants or by any consultants or advisors engaged by the Minister, whether or not for valuable consideration, for the purpose of assisting him or her in the performance of his or her functions under this Chapter.

(5) Where an EIA has been carried out by the Minister under this Chapter, the Minister may, in deciding whether or not to grant a relevant licence, take into account any reports prepared by his or her officers, servants or agents or by any consultants or advisors engaged by the Minister, whether or not for valuable consideration, for the purpose of assisting him or her in the performance of his or her functions under this Chapter.

(6) (a) Subject to paragraph (b), where, following the carrying out of an EIA under this Chapter, the Minister exercises his or her discretion to grant a relevant licence, the Minister may attach to such licence any conditions (in this subsection referred to as the “relevant conditions”) which the Minister considers necessary to avoid, prevent, reduce and, if possible, offset the significant adverse effects on the environment of the proposed relevant works.

(b) Subject to paragraph (c), the Minister shall include, in the relevant conditions, additional conditions which provide for the monitoring (whether by existing or new monitoring arrangements or a combination thereof) of—

(i) the measures implemented by the relevant conditions to avoid, prevent, reduce and, if possible, offset the significant adverse effects on the environment of the relevant works, and

(ii) any significant adverse effects on the environment of the relevant works.

(c) The Minister shall ensure that the types of parameters monitored and the duration of the monitoring are proportionate to the nature, site and size of the project concerned and the significance of the project’s effects on the environment.

(7) Subsection (6) is without prejudice to any other power of the Minister under this Act to attach conditions to a licence.

(8) Subsections (3), (5) and (6) shall have effect notwithstanding any provision of Part 7 relating to the matters to be considered by the Minister in the exercise of his or her discretion as to whether or not to grant a relevant licence.

38. Relevant works which may affect environment in another Transboundary State

38. (1) Where the Minister considers that the proposed relevant works that is the subject of an EIAR under this Chapter would be likely to have significant effects on the environment in another Transboundary State, or where another Transboundary State considers that the proposed relevant works would be likely to have such effects and so requests, the Minister shall, as soon as possible, send to that Transboundary State —

(a) a description of the proposed relevant works and any available information on its possible effects on the environment in that Transboundary State, and

(b) relevant information about the procedure for deciding whether or not to grant the relevant licence concerned,

and shall give to that Transboundary State a reasonable time to indicate whether it wishes to provide views on those effects.

(2) Where a Transboundary State which has received information under subsection (1) indicates that it wishes to provide views on the likely effects on the environment of the proposed relevant works, the Minister shall send to that Transboundary State —

(a) if he or she has not already done so, a copy of the EIAR submitted to the Minister under this Chapter, and

(b) any further relevant information about the procedure for deciding whether or not to grant the relevant licence concerned.

(3) Where a Transboundary State has, under subsection (2), indicated that it wishes to provide views on the likely effects on the environment of the proposed relevant works, the Minister shall consult with that Transboundary State regarding the potential effects of the proposed relevant works on the environment in that Transboundary State and the measures envisaged to reduce or eliminate such effects.

(4) The Minister shall notify a Transboundary State which was consulted under subsection (3) of his or her decision as to whether or not to grant the relevant licence concerned.

39. Public notice of Minister’s decision to grant or refuse to grant relevant licence

39. (1) The Minister shall, as soon as is practicable following the making of a decision in relation to whether or not to grant a relevant licence after carrying out an EIA under this Chapter (but, in any case, not later than 3 working days after making that decision)—

(a) publish a notice of the decision in at least one national newspaper,

(b) arrange to make the EIAR submitted under this Chapter and information on the decision available for inspection by members of the public during a period specified by the Minister, and

(c) make the notice referred to in paragraph (a), and the EIAR and information referred to in paragraph (b), available for inspection—

(i) on that part of the website of the Department set aside for that purpose, and

(ii) on the EIA portal.

(2) Information made available under subsection (1)(b) and (c) shall include the following:

(a) the content of the relevant licence, if granted, including any conditions attached to the licence;

(b) the Minister’s evaluation of the significant direct and indirect effects of the relevant works on the factors specified in points (a) to (d) of Article 3.1 of the EIA Directive and on the interaction of those factors;

(c) having examined the concerns and opinions expressed by the public concerned, the main reasons and considerations on which the decision (including any conditions attached to the relevant licence) is based, including information about the public participation process (including a summary of the results of the consultations and the information gathered pursuant to the Transboundary Convention and Articles 5 to 7 of the EIA Directive and how those results have been incorporated in the decision or otherwise addressed, in particular the comments received from the affected Transboundary State referred to in section 38);

(d) a description, where necessary, of the main measures to be taken to avoid, prevent, reduce and, if possible, offset the significant adverse effects on the environment and the main measures to be taken to monitor the implementation of the first-mentioned measures;

(e) information for the public on the procedures available to review the substantive and procedural legality of the decision.

40. Exemption from requirements of sections 32 to 39 or 34 to 39

40. (1) A person may, before making an application for consent for relevant works, request the Minister to grant an exemption in respect of the relevant works from the requirements of sections 32 to 39 or 34 to 39, as appropriate, and the Minister may, subject to this section, grant such exemption.

(2) Before determining an application under subsection (1), the Minister shall—

(a) invite the local authority in whose functional area the person proposes to carry out the relevant works, after having first consulted with the authority’s elected members from the relevant municipal district or local electoral area (within the meaning of section 2 of the Act of 2001), to make (within such period as the Minister may specify) observations to the Minister in relation to the request,

(b) consider whether any other state party to the Transboundary Convention should be informed about the relevant works and, if the Minister considers that it should, invite such state party to make (within such period as the Minister may specify) observations to the Minister in relation to the request, and

(c) consider any such submissions made and any submissions made by the person in his or her application.

(3) The Minister shall not grant an exemption under this section unless he or she is satisfied that—

(a) exceptional circumstances warrant the granting of such exemption,

(b) the requirement to comply with sections 32 to 39 or 34 to 39, as appropriate, in relation to the proposed relevant works would adversely affect the purpose of the relevant works, and

(c) the objectives of the EIA Directive are capable of being achieved by other means, in particular by the carrying out of any other form of assessment of the effects of the relevant works required by law in relation to the relevant works.

(4) Where the Minister grants an exemption under this section, he or she shall, as soon as may be thereafter—

(a) publish a notice of the grant and the reasons therefor—

(i) on the website of the Department, and

(ii) in a national newspaper,

(b) give notice in writing of the grant and the reasons therefor to—

(i) the local authority in whose functional area the relevant works are proposed to be located,

(ii) any state party to the Transboundary Convention which the Minister invited to make observations in accordance with subsection (2), and

(iii) the European Commission,

before the Minister makes a determination in relation to the application for consent for the relevant works to which the exemption applies.

(5) The Minister shall not grant consent for any relevant works in respect of which an application under this section is pending before the Minister and, if the Minister purports to grant a consent in contravention of this subsection, the consent shall not be valid.

(6) Where the Minister—

(a) is satisfied that the carrying out of relevant works or part of relevant works is for the sole purpose of the defence of the State or responding to a civil emergency, and

(b) considers that the application of this Part to the relevant works or such part of the relevant works would adversely affect that purpose,

he or she may, by order, declare that this Part shall not apply to the relevant works or such part of the relevant works.

(7) This Chapter shall not apply to relevant works or part of relevant works—

(a) in respect of which an exemption has been granted under this section, or

(b) declared by order under subsection (6) not to apply to that relevant works or such part.

41. Judicial review

41. (1)(a) A notice under section 27(4)(c), 33(6), 39(1), 40(4) or 151(9)(c) shall inform the public that a person may question the validity of the decision that an EIA or an AA is or is not required or, as the case may be, to grant or not grant a relevant licence or, as the case may be, to grant an exemption under section 40 from the requirements of sections 32 to 39 or 34 to 39, as appropriate, by way of an application for judicial review under the Order.

(b) The notice shall identify where practical information on the review mechanism can be found.

(2) A person shall not in legal proceedings question the validity of—

(a) a decision, act or omission made or done by the Minister under this Chapter in the performance or purported performance of a function under this Chapter for which an EIA or an AA is required, or

(b) a licence,

otherwise than by way of an application for judicial review under the Order.

(3) The High Court shall not grant leave for judicial review under this section unless it is satisfied that—

(a) the applicant has a sufficient interest in the matter which is the subject of the application, or

(b) the applicant—

(i) is a body or organisation (other than a State authority, a public authority or a governmental body or agency) the aims or objectives of which relate to the promotion of environmental protection, and

(ii) has, during the period of 12 months preceding the date of the application, pursued those aims or objectives.

(4) A sufficient interest for the purpose of subsection (3) is not limited to an interest in land or other financial interest.

(5) The High Court, in determining either an application for leave for judicial review under this section, or an application for judicial review on foot of such leave under this section, shall act as expeditiously as possible consistent with the administration of justice.

(6) The provisions of section 50B of the Act of 2000 shall, with all necessary modifications, apply to the questioning of a decision, act or omission referred to in this section which has been subjected to an EIA or an AA or both an EIA and an AA.

(7) Subject to subsection (9), an application for leave to apply for judicial review under the Order in respect of an act referred to in subsection (2)(a) shall be made within a period of 8 weeks beginning on the making or doing of the decision, act or omission by the Minister.

(8) Subject to subsection (9), an application for leave to apply for judicial review under the Order in respect of a licence referred to in subsection (2)(b) shall be made within a period of 8 weeks beginning on the date on which the licensing authority grants the licence under section 151(1).

(9) The High Court may extend the period provided for in subsection (7) or (8) within which an application for leave referred to in that subsection may be made but shall only do so if it is satisfied that—

(a) there is good and sufficient reason for doing so,

(b) the circumstances that resulted in the failure to make the application for leave within the period so provided were outside the control of the applicant for the extension.

(10) In this section—

“Order” means Order 84 of the Rules of the Superior Courts (S.I. No. 15 of 1986);

“State authority, a public authority or governmental body or agency” means—

(a) a Minister of the Government (or Minister of State);

(b) the Commissioners;

(c) a local authority;

(d) the Health Service Executive;

(e) a person—

(i) established by or under an enactment (other than the Act of 2014) but excluding any person which is an existing company,

(ii) established by any scheme administered by the Government, or

(iii) established under the Act of 2014 or an enactment repealed by that Act, pursuant to powers conferred by or under another enactment, and financed wholly or partly, whether directly or indirectly, by means of moneys provided, or loans made or guaranteed, by a Minister of the Government or by subscription for shares held by or on behalf of a Minister of the Government;

(f) a company, a majority of the shares in which are held by or on behalf of a Minister of the Government.

Chapter 7

42. Works carried out at registered monument, etc.

42. (1) Subject to subsection (2), any works which are carried out, or proposed to be carried out, at, on, in, under, to, or within the immediate surroundings of, any site shown on a relevant map as a registered monument shall—

(a) for the purposes of any provisions of this Act requiring that any thing be done under and in accordance with a licence or after the giving of a notice under this Act, and

(b) for the purposes of any proceedings,

be taken to have been carried out, or proposed to be carried out, at, on, in, under, to, or within the immediate surroundings of, as the case may be, that monument unless the contrary is shown.

(2) Where a specific notice is given in respect of a registered monument subsequent to a general notice being made available for inspection by members of the public in respect of that monument (and regardless of how many monuments the general notice relates to), the reference to “relevant map” in subsection (1) shall not include the relevant map contained in or accompanying the general notice to the extent that that relevant map relates to that monument.

(3) Any works which are carried out, or proposed to be carried out, at, on, in, under, to, or within the immediate surroundings of, any site shown on a map contained in or accompanying a section 22 consultation notice, section 23 consultation notice, or draft general notice, shall—

(a) for the purposes of any provisions of this Act requiring that any thing be done under and in accordance with a licence or after the giving of a notice under this Act, and

(b) for the purposes of any proceedings,

be taken to have been carried out, or proposed to be carried out, at, on, in, under, to, or within the immediate surroundings of, as the case may be, the potential Register action monument concerned unless the contrary is shown.

(4) In this section, “potential Register action monument” means—

(a) a potential Register action monument (section 22) to which special protection applies pursuant to section 22(3), or

(b) a potential Register action monument (section 23) to which general protection applies pursuant to section 23(3).

Chapter 8

43. Restriction on export of Chapter 8 monument

43. (1) Subject to subsection (2), a person shall not export, or direct or authorise the export of, a Chapter 8 monument other than under and in accordance with a licence.

(2) Subsection (1) shall not apply where—

(a) the export is done under and in accordance with a licence which has been granted under section 50 of the Act of 1997, and

(b) the Minister has approved the terms and conditions of such licence in so far as they relate to the export of the Chapter 8 monument the subject of the licence.

44. Protection of removed part of Chapter 8 monument

44. (1) Subject to subsections (2) to (4), where a part of a Chapter 8 monument is removed from the monument, the same general protection or special protection that applied to the monument (including any change in such protection subsequent to the removal of the part) shall also apply to that part, and the other provisions of this Act shall, with all necessary modifications, be construed accordingly.

(2) Subsection (1) shall cease to apply to a part of a Chapter 8 monument if the monument ceases to be a Chapter 8 monument.

(3) The Minister may, by notice published in Iris Oifigiúil, declare that subsection (1) shall not apply to a Chapter 8 monument specified in the notice.

(4) Subsection (1) shall not apply to a part of a Chapter 8 monument which has been removed under and in accordance with a licence if it is stated in the licence that that subsection shall not apply to that part.

45. Application of the Local Government (Sanitary Services) Act 1964 to monument

45. (1) In this section—

“relevant Act” means the Local Government (Sanitary Services) Act 1964;

“sanitary authority” means a sanitary authority for the purposes of the Local Government (Sanitary Services) Acts 1878 to 2001.

(2) As soon as is practicable after serving or proposing to serve a notice under section 3(1) of the relevant Act in respect of a Chapter 8 monument, a sanitary authority shall inform the Minister of the particulars of the notice.

(3) A sanitary authority which under section 3(2) of the relevant Act carries out work at, on or in relation to a Chapter 8 monument shall—

(a) in so far as is practicable, protect the monument, or

(b) if it is not practicable to protect the monument, make (or provide for the making of) an appropriate record of it,

in so far as such protection or the making of such record, as the case may be, is not likely to cause a danger to any person or property.

(4) As soon as is practicable after carrying out works under section 3(2) of the relevant Act at, on or in relation to a Chapter 8 monument, a sanitary authority shall inform the Minister in writing of the works which have been carried out.

(5) The provisions of this section are in addition to, and not in substitution for, any other provisions of this Act.

46. Registration as burden affecting registered land and related matters

46. (1) The fact that the particulars of a monument have been entered in the Register affecting an interest in land which is registered land within the meaning of the Act of 1964 shall be registrable as a burden affecting such land and Tailte Éireann, on application being made to it in that regard by the Minister, shall comply with the application.

(2) Nothing in this section shall be construed as—

(a) requiring particulars of a monument to be registered under the Act of 1964,

(b) restricting the application of any provision of this Act to a monument the particulars of which are not registered under the Act of 1964, or

(c) without prejudice to the generality of paragraphs (a) and (b), enabling a person to claim, in any proceedings, that he or she was not on notice, whether under this Act or otherwise, of an entry in the Register in respect of a monument the particulars of which have not been registered under the Act of 1964.

47. Transfer by public authority or local authority of registered monument

47. (1) In this section, “authority” means—

(a) a public authority, or

(b) a local authority.

(2) Subject to subsection (3), an authority shall not dispose of, convey, assign or otherwise transfer (whether or not for valuable consideration), its ownership of, or other interest (whether freehold or leasehold) in, a registered monument to a person other than the Minister without consulting the Minister.

(3) For the purposes of the consultation referred to in subsection (2), an authority—

(a) shall give the Minister a notice in the specified form of what action it proposes to take (in this section referred to as the “proposed action”) that falls within that subsection,

(b) shall not take the proposed action (or any like action) until 90 days after giving that notice unless the Minister has, before the expiration of that period, given the authority a notice in writing stating that he or she has no objection to the authority taking that action,

(c) shall publish a notice in a national newspaper of the proposed action stating that persons may make representations in writing on that action, during the period of 45 days beginning on the date of the publication of the notice in the national newspaper, at the address or e-mail address (if any) specified in the notice, and

(d) shall have regard to such representations (if any) in deciding whether or not to take the proposed action (or any like action).

(4) The Minister may, in the course of consultation under subsection (2) with an authority in respect of a registered monument, request the authority to give the Minister the opportunity to acquire the monument on such terms as are agreed between the Minister and the authority, and the authority shall comply with that request.

(5) An authority may, at its discretion, in addition to publishing, in relation to the proposed action, a notice in a national newspaper pursuant to subsection (3)(c), also publish that notice in one or more than one newspaper (not being a national newspaper) circulating generally in the geographical area in which the registered monument the subject of the proposed action is situated, whether in hard copy or electronic form, or both.

Chapter 9

48. Transitional provisions applicable to Register of Historic Monuments and record of monuments and places

48. (1) In this section—

“record of monuments and places” means the record established and maintained under section 12 of the Act of 1994;

“Register of Historic Monuments” means the Register of Historic Monuments established and maintained under section 5 of the Act of 1987.

(2) Subject to subsection (4), the relevant enactments shall apply to the Register of Historic Monuments and the record of monuments and places.

(3) The Minister may, by notice published in Iris Oifigiúil, specify a date (in this section referred to as the “relevant date”) on and from which the Register supersedes the Register of Historic Monuments and the record of monuments and places in respect of a geographical area of the State specified in the notice for the purposes of the relevant date.

(4) Where the Minister publishes a notice in Iris Oifigiúil under subsection (3), the relevant enactments shall cease to apply, on and from the relevant date, to the Register of Historic Monuments and the record of monuments and places in so far as the Register of Historic Monuments and the record of monuments and places relate to the geographical area specified in the notice for the purposes of the relevant date.

(5) Nothing in this section shall operate to prevent any provision of this Act having effect in relation to a prescribed monument notwithstanding that a relevant date has not been specified in respect of the geographical area of the State in which the monument is situated.

49. Transitional provisions applicable to certain national monuments

49. (1) In this section, “section 49 monument” means a national monument within the meaning of section 2 of the Act of 1930 which is subject to a preservation order made under section 8 of that Act or is otherwise such national monument to which section 14 of that Act applies.

(2) The relevant enactments shall apply to a section 49 monument until—

(a) section 19 has been complied with in respect of the first particulars entered in the Register in respect of the monument, or

(b) the relevant date for the geographical area in which the monument is situated,

whichever first occurs.

(3) Section 22 or 23, as appropriate, shall not apply to a section 49 monument except for a potential Register action (section 22) or potential Register action (section 23), as appropriate, arising after the section 49 monument first becomes a registered monument.

50. Transitional provisions applicable to restricted areas

50. (1) In this section, “restricted area” means a restricted area within the meaning of section 1 of the Act of 1987.

(2) The relevant enactments shall apply to a restricted area until—

(a) section 19 has been complied with in respect of the first particulars entered in the Register in respect of the restricted area, or

(b) the relevant date for the geographical area in which the restricted area is situated,

whichever first occurs.

(3) Section 22 or 23, as appropriate, shall not apply to a restricted area except for a potential Register action (section 22) or potential Register action (section 23), as appropriate, arising after the restricted area first becomes a registered monument.

Chapter 10

51. Acquisition of registered monument by Minister or local authority

51. (1) (a) Subject to paragraph (b), the Minister may, after consultation with the Commissioners, acquire (whether or not for valuable consideration), for the purposes of this Act, a registered monument, by agreement or compulsorily, where he or she is of the opinion that the monument is suitable to be a national monument.

(b) The Minister shall not exercise his or her power under paragraph (a) to acquire a registered monument unless the Minister is of the opinion that the nature of the acquisition is such that he or she may satisfactorily perform his or her functions under Chapter 16 in respect of that monument.

(2) (a) Subject to paragraph (b), a local authority may, with the consent of the Minister, acquire (whether or not for valuable consideration), for the purposes of this Act, a registered monument, by agreement or compulsorily, where it is of the opinion that the monument is suitable to be a nationalmonument.

(b) The Minister shall not give a consent referred to in paragraph (a) to a local authority in respect of the acquisition of a registered monument unless the Minister is of the opinion that the nature of the acquisition is such that the local authority will be able to satisfactorily perform its functions under Chapter 16 in respect of that monument.

(3) (a) The acquisition by the Minister or a local authority of a registered monument by agreement under this section may be effected by purchase, lease, exchange or the acceptance of a gift, bequest or devise to the Minister or local authority, as the case may be.

(b) The definition of “owner” in section 2 shall not be construed to limit the power of the Minister or a local authority under paragraph (a) to acquire a registered monument.

(4) The Minister or a local authority may decline to acquire a registered monument under this section where the monument is the subject of a gift, bequest or devise to the Minister or local authority, as the case may be.

(5) (a) The Minister shall comply with the provisions of Part 2 of Schedule 2 in respect of the compulsory acquisition by the Minister of a registered monument under this section.

(b) A local authority and the Minister shall comply with the provisions of Part 3 of Schedule 2 in respect of the compulsory acquisition of a registered monument by the local authority under this section.

(6) Where the Minister or a local authority has acquired or is proposing to acquire, whether by agreement or compulsorily, a registered monument, the Minister or local authority, as the case may be, may also acquire, whether by agreement or compulsorily, such area (including any estate, right, title or interest in or over that area) surrounding the monument as the Minister or local authority considers necessary in order to perform the Minister’s or local authority’s functions under Chapter 16.

(7) Stamp duty shall not be chargeable on any instrument to the extent that it effects the acquisition of a registered monument by the Minister or a local authority pursuant to the Minister’s or local authority’s, as the case may be, powers under this section.

(8) Nothing in this section shall operate to limit the powers of the Minister or local authority under any other enactment to acquire land.

Chapter 11

52. Interpretation - Chapter 11

52. (1) In this Chapter—

“section 53 monument” has the meaning assigned to it by section 53(1);

“section 54 monument” has the meaning assigned to it by section 54(1);

“section 55 monument” has the meaning assigned to it by section 55(1);

“section 56 monument” has the meaning assigned to it by section 56(1);

“section 57 monument” has the meaning assigned to it by section 57(1);

“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).

(2) For the purposes of this Chapter, “ownership”, in relation to land the subject of a lease, includes the reversionary interest of the owner to whom the land will revert when the lease expires or otherwise comes to an end.

53. Transitional provisions applicable to certain churches, ecclesiastical buildings or other structures

53. (1) In this section, “section 53 monument” means a church, ecclesiastical building or structure that was, pursuant to subsection (1) of section 25 of the Act of 1869, vested in the secretary of the Commissioners to be held by such secretary, or his or her heirs or assigns, upon trust for the Commissioners, to be preserved as a national monument in accordance with that section, but does not include such a church, building or structure, as the case may be, which is not, immediately before the commencement of this section, in the ownership of a public authority or local authority (or any predecessor to a local authority whose functions, whether in whole or in part, are now performed by the local authority).

(2) The relevant enactments shall apply to a section 53 monument until—

(a) section 19 has been complied with in respect of the first particulars entered in the Register in respect of the monument, or

(b) the relevant date for the geographical area in which the monument is situated,

whichever first occurs.

(3) Section 22 or 23, as appropriate, shall not apply to a section 53 monument except for a potential Register action (section 22) or potential Register action (section 23), as appropriate, arising after the section 53 monument first becomes a registered monument.

54. Transitional provisions applicable to certain ancient monuments purchased pursuant to section 3 of Act of 1882

54. (1) In this section, “section 54 monument” means an ancient monument to which the Act of 1882 applied and which was purchased by the Commissioners pursuant to section 3 of that Act, but does not include such an ancient monument which is not, immediately before the commencement of this section, in the ownership of a public authority or local authority (or any predecessor to a local authority whose functions, whether in whole or in part, are now performed by the local authority).

(2) The relevant enactments shall apply to a section 54 monument until—

(a) section 19 has been complied with in respect of the first particulars entered in the Register in respect of the monument, or

(b) the relevant date for the geographical area in which the monument is situated,

whichever first occurs.

(3) Section 22 or 23, as appropriate, shall not apply to a section 54 monument except for a potential Register action (section 22) or potential Register action (section 23), as appropriate, arising after the section 54 monument first becomes a registered monument.

55. Transitional provisions applicable to certain ancient monuments gifted, etc., to Commissioners

55. (1) In this section, “section 55 monument” means an ancient monument to which the Act of 1882 applied and in respect of which—

(a) any estate or interest in the monument was by deed or will given, devised or bequeathed to the Commissioners pursuant to section 4 of that Act, and

(b) such gift, devise or bequeath was accepted by the Commissioners pursuant to section 4 of that Act,

but does not include such a monument which is not, immediately before the commencement of this section, in the ownership of a public authority or local authority (or any predecessor to a local authority whose functions, whether in whole or in part, are now performed by the local authority).

(2) The relevant enactments shall apply to a section 55 monument until—

(a) section 19 has been complied with in respect of the first particulars entered in the Register in respect of the monument, or

(b) the relevant date for the geographical area in which the monument is situated,

whichever first occurs.

(3) Section 22 or 23, as appropriate, shall not apply to a section 55 monument except for a potential Register action (section 22) or potential Register action (section 23), as appropriate, arising after the section 55 monument first becomes a registered monument.

56. Transitional provisions applicable to certain ancient monuments vested in the Commissioners, etc.

56. (1) In this section—

“relevant monument” means—

(a) an ancient monument within the meaning of section 14 of the Act of 1903 as that section was in force immediately before being amended by sections 4 and 27 of the Act of 1930, or

(b) a national monument within the meaning of section 14 of the Act of 1903 as that section was in force after being amended by sections 4 and 27 of the Act of 1930;

“section 56 monument” means a relevant monument that was vested in the Commissioners pursuant to an order made under subsection (1) of section 14 of the Act of 1903, but does not include such a monument which is not, immediately before the commencement of this section, in the ownership of a public authority or local authority (or any predecessor to a local authority whose functions, whether in whole or in part, are now performed by the local authority).

(2) The relevant enactments shall apply to a section 56 monument until—

(a) section 19 has been complied with in respect of the first particulars entered in the Register in respect of the monument, or

(b) the relevant date for the geographical area in which the monument is situated,

whichever first occurs.

(3) Section 22 or 23, as appropriate, shall not apply to a section 56 monument except for a potential Register action (section 22) or potential Register action (section 23), as appropriate, arising after the section 56 monument first becomes a registered monument.

57. Transitional provisions applicable to certain ancient monuments vested in council of county

57. (1) In this section—

“relevant monument” means—

(a) an ancient monument within the meaning of section 14 of the Act of 1903 as that section was in force immediately before being amended by sections 4 and 27 of the Act of 1930, or

(b) a national monument within the meaning of section 14 of the Act of 1903 as that section was in force after being amended by sections 4 and 27 of the Act of 1930;

“section 57 monument” means a relevant monument that was vested in the council of the county in which the monument is situated pursuant to an order made under subsection (3) of section 14 of the Act of 1903, but does not include such a monument which is not, immediately before the commencement of this section, in the ownership of a public authority or local authority (or any predecessor to a local authority whose functions, whether in whole or in part, are now performed by the local authority).

(2) The relevant enactments shall apply to a section 57 monument until—

(a) section 19 has been complied with in respect of the first particulars entered in the Register in respect of the monument, or

(b) the relevant date for the geographical area in which the monument is situated,

whichever first occurs.

(3) Section 22 or 23, as appropriate, shall not apply to a section 57 monument except for a potential Register action (section 22) or potential Register action (section 23), as appropriate, arising after the section 57 monument first becomes a registered monument.

58. Transitional provisions applicable to certain national monuments acquired by Commissioners, etc.

58. (1) In this section, “section 58 monument” means a national monument within the meaning of the Act of 1930 which was acquired by the Commissioners pursuant to section 11 of the Act of 1930, section 6 of the Act of 1987 or section 11 of the Act of 1994, but does not include such a monument which is not, immediately before the commencement of this section, in the ownership of a public authority or local authority (or any predecessor to a local authority whose functions, whether in whole or in part, are now performed by the local authority).

(2) The relevant enactments shall apply to a section 58 monument until—

(a) section 19 has been complied with in respect of the first particulars entered in the Register in respect of the monument, or

(b) the relevant date for the geographical area in which the monument is situated,

whichever first occurs.

(3) Section 22 or 23, as appropriate, shall not apply to a section 58 monument except for a potential Register action (section 22) or potential Register action (section 23), as appropriate, arising after the section 58 monument first becomes a registered monument.

59. Transitional provisions applicable to certain national monuments gifted, etc., to Commissioners, etc.

59. (1) In this section, “section 59 monument” means a national monument within the meaning of the Act of 1930 and in respect of which—

(a) any estate or interest in the monument was by deed or will conveyed, devised or bequeathed to the Commissioners or a Minister of the Government (or Minister of State) or local authority pursuant to section 10 of the Act of 1930, and

(b) such conveyance, devise or bequest was accepted by the Commissioners or the Minister of the Government (or Minister of State) or local authority (or any predecessor to a local authority whose functions, whether in whole or in part, are now performed by a local authority) concerned, as the case may be, pursuant to section 10 of the Act of 1930,

but does not include such monument which is not, immediately before the commencement of this section, in the ownership of a public authority or local authority (or any predecessor to a local authority whose functions, whether in whole or in part, are now performed by the local authority).

(2) The relevant enactments shall apply to a section 59 monument until—

(a) section 19 has been complied with in respect of the first particulars entered in the Register in respect of the monument, or

(b) the relevant date for the geographical area in which the monument is situated,

whichever first occurs.

(3) Section 22 or 23, as appropriate, shall not apply to a section 59 monument except for a potential Register action (section 22) or potential Register action (section 23), as appropriate, arising after the section 59 monument first becomes a registered monument.

60. Transitional provisions applicable to national monuments conveyed or devised by Commissioners, etc., to local authority

60. (1) In this section, “section 60 monument” means a national monument within the meaning of section 2 of the Act of 1930 which has been conveyed or devised by the Commissioners or a Minister of the Government (or Minister of State) to a local authority, but does not include such a monument which is not, immediately before the commencement of this section, in the ownership of a public authority or local authority (or any predecessor to a local authority whose functions, whether in whole or in part, are now performed by the local authority).

(2) The relevant enactments shall apply to a section 60 monument until—

(a) section 19 has been complied with in respect of the first particulars entered in the Register in respect of the monument, or

(b) the relevant date for the geographical area in which the monument is situated,

whichever first occurs.

(3) Section 22 or 23, as appropriate, shall not apply to a section 60 monument except for a potential Register action (section 22) or potential Register action (section 23), as appropriate, arising after the section 60 monument first becomes a registered monument.

61. Provisions supplementary to sections 53 to 60

61. (1) In this section—

“applicable enactments”, in relation to a section 53 to 60 monument, means—

(a) the enactments repealed by section 7 as those enactments were in force at any time before that monument first becomes a registered monument, and

(b) the Ancient Monuments Protection Acts as those Acts were in force at any time before 26 February 1930;

“section 53 to 60 monument” means 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.

(2) Subject to subsection (3), when a section 53 to 60 monument first becomes a registered monument, the land which comprises (whether in whole or in part) the registered monument shall, by operation of this section, be vested in fee simple in—

(a) the Minister if the monument is, immediately before it first becomes a registered monument, in the ownership of the Minister or another public authority, or

(b) the local authority if the monument is, immediately before it first becomes a registered monument, in the ownership of the local authority (or a predecessor to that local authority whose functions, whether in whole or in part, are now performed by the local authority),

and, in either case, section 24(1) shall apply to the monument accordingly.

(3) Nothing in subsection (2) shall operate to prejudice—

(a) subject to subsection (4), any estate, right, title or interest in or over land existing immediately before a section 53 to 60 monument first becomes a registered monument other than such an estate, right, title or interest—

(i) vested in a public authority or local authority by the applicable enactments, or

(ii) vested in a public authority under an order made under the Ministers and Secretaries Acts 1924 to 2017 for the purposes of transferring functions under the applicable enactments,

(b) any encumbrance on land existing immediately before a section 53 to 60 monument first becomes a registered monument other than such an encumbrance wholly in favour of a public authority or local authority, or

(c) a conveyance or devise referred to in the definition of “section 60 monument” in section 60(1).

(4) The reference in subsection (3) to “other than such an estate, right, title or interest” shall not include an estate, right, title or interest arising from a lease made under section 17 of the Act of 1954 where such lease has not expired or otherwise come to an end before the repeal of that Act by section 7.

Chapter 12

62. Minister, etc., may transfer ownership of national monuments owned by Minister, etc.

62. (1) The Minister may, after consultation with the Commissioners, convey, assign or otherwise transfer (whether or not for valuable consideration) to a person his or her estate, right, title or interest in or over a national monument (M) where he or she is of the opinion that the transfer—

(a) is compatible with the proper protection and management of the monument, or

(b) is in the public interest.

(2) A local authority may, with the consent of the Minister, convey, assign or otherwise transfer (whether or not for valuable consideration) to a person its estate, right, title or interest in or over a national monument (LA) where it is of the opinion that the conveyance, assignment or transfer—

(a) is compatible with the proper protection and management of the monument, or

(b) is in the public interest.

Chapter 13

63. Definitions - Chapter 13

63. In this Chapter—

“applicable enactments” means—

(a) section 26(1) or (2) of the Act of 1869 as that section was in force at any time before the commencement of this Chapter, and

(b) section 161 of the Act of 1878 as that section was in force at any time before the commencement of this Chapter;

“burial ground appurtenance”, in relation to a burial ground, means—

(a) any church, building or structure in, or forming part of, the burial ground,

(b) any ruined or disused church or ecclesiastical structure, or the remains thereof, in, or forming part of, the burial ground, and

(c) any headstone, tomb, vault or memorial situated in the burial ground;

“relevant burial ground” means—

(a) a section 64 burial ground, or

(b) a section 65 burial ground;

“Report of the Church Temporalities Commission” means the Report entitled “Report of the Commissioners of Church Temporalities in Ireland for the period 1869 - 80” as presented to both Houses of Parliament by royal command and published by the Stationery Office at Dublin in 1880, and a reference to any numbered appendix to the Report of the Church Temporalities Commission means any appendix, published in 1881, and so numbered as appearing in, or attached to, such report;

“section 53 to 60 monument” has the meaning assigned to it by section 61(1);

“section 64 burial ground” has the meaning assigned to it by section 64(1);

“section 65 burial ground” has the meaning assigned to it by section 65(1).

64. Transitional provisions applicable to certain burial grounds originally vested in guardians of poor law union or burial board

64. (1) In this section, “section 64 burial ground” means a burial ground—

(a) situated in the State, and

(b) that was vested in—

(i) the guardians of a poor law union pursuant to section 26(1) or (2) of the Act of 1869, or

(ii) the burial board of a sanitary district pursuant to section 161 of the Act of 1878,

and includes any burial ground appurtenance.

(2) Subsection (3) applies to a section 64 burial ground which is not, immediately before the commencement of this Chapter—

(a) a section 53 to 60 monument, or

(b) vested in fee simple in the Minister.

(3) Subject to subsection (4), where a section 64 burial ground to which this subsection applies first becomes a registered monument, the land which comprises the registered monument shall, by operation of this section, vest in fee simple in the local authority in whose functional area the burial ground is situated, and section 24(1) shall apply to the burial ground accordingly.