Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023

Type Act

Publication 2023-10-13

Last updated 2025-12-31

State In force

Source Irish Statute Book

articles 282

(15) Subject to subsection (16), subsection (14) shall not apply if, in the proceedings relating to the prosecution referred to in subsection (14), the court or jury, as the case may be, is satisfied, having regard to all the evidence, that there is reasonable doubt as to whether the person referred to in subsection (14) knew or suspected as referred to in subsection (14).

(16)(a) Subsection (15) shall be disregarded where, before the occurrence of the contravention referred to in subsection (14) by a person, the thing to which the contravention relates was the subject of—

(i) a Register action in respect of which specific notice was given to that person, or

(ii) an enforcement notice given to that person.

(b) Section 8 shall apply to the interpretation of paragraph (a)(i) as that section applies to the interpretation of Part 2.

(17) Where in a prosecution for an offence under subsection (3) for a contravention of section 113(1) or (2) possession of an archaeological object is proved, it shall be presumed, until the contrary is proved, that the object was found in the State—

(a) in the case of a contravention of section 113(1), on or after 21 November 1994, or

(b) in the case of a contravention of section 113(2), on or after 26 February 1930.

(18) In proceedings relating to the prosecution of a contravention of this Act, it shall not be necessary for the prosecution to prove—

(a) where the prosecution relates to a relevant thing of a relevant interest which was, at the time that the contravention occurred, a registered monument or prescribed monument, knowledge, at that time, on the part of the person being prosecuted, that such thing was such a monument, or

(b) where the prosecution relates to an object which was, at the time that the contravention occurred, an archaeological object, knowledge, at that time, on the part of the person being prosecuted, that such object was an archaeological object.

(19) In proceedings relating to the prosecution for a contravention of section 27(1) or 30, where works carried out at, on, in, under, to, or within the immediate surroundings of, the relevant thing of a relevant interest to which the prosecution relates is relevant to the contravention, it shall not be necessary for the prosecution to prove that the person being prosecuted proposed, as referred to in section 26(1), to carry out such works in addition to proving that the person actually carried out such works.

176. Offences - regulations

176. A person who contravenes a provision of a regulation under this Act stated to be a penal regulation shall be guilty of an offence and liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or both.

177. Offences - bye-laws

177. A person who contravenes a bye-law made under section 81 which is stated to be a penal bye-law shall be guilty of an offence and liable on summary conviction to a class E fine in the case of a first offence and, in the case of a second or any subsequent offence, a class C fine.

178. Continuing offences

178. (1) A person guilty of an offence under section 175 for a contravention of section 27(1), 30, 116(2), 128(2) or 129(2) shall, on each day on which, after having been convicted of that offence, he or she continues to contravene that section, be guilty of a further offence and for each such further offence shall be liable—

(a) on summary conviction, to a class A fine, or

(b) on conviction on indictment, to a fine not exceeding €50,000.

(2) A person guilty of an offence under section 175 for a contravention of section 148(1), (2) or (4), 159(2) or 174 shall, on each day on which, after having been convicted of that offence, he or she continues to contravene that section, be guilty of a further offence and for each such further offence shall be liable—

(a) on summary conviction, to a class E fine, or

(b) in the case of an offence under section 175 for a contravention of section 148(1) or 174, on conviction on indictment, to a fine not exceeding €10,000.

(3) Notwithstanding that an offence under section 175 for a contravention of a relevant section is committed by a person by reason of a failure to do the act referred to in the relevant section within the period fixed by the relevant section for the purpose, the offence shall, after the conviction of the person for such offence, be deemed to continue on each day (in this section referred to as “daily further offence”) subsequent to the day of such conviction until the day on which that act is done.

(4) A person guilty of one or more than one daily further offence shall be liable, for each daily further offence on summary conviction, to a class E fine.

(5) In subsection (3), “relevant section” means section 13(2)(b), 101(2)(b), 139(1)(a) or (b), (2)(b) or (3)(a), 142(1)(a) or (b) or (2)(b) or 217(2).

179. Offences by bodies corporate

179. (1) Where an offence under this Act is committed by a body corporate and it is proved that the offence was committed with the consent or connivance, or was attributable to any wilful neglect, of a person who was a director, manager, secretary or other officer of the body corporate, or a person purporting to act in that capacity, that person, as well as the body corporate, shall be guilty of an offence and may be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

(2) Where the affairs of a body corporate are managed by its members, subsection (1) applies to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.

180. Inferences from failure or refusal to account for detection device

180. (1) (a) Paragraph (b) applies where, in any proceedings against a person for the relevant offence, evidence is given that the accused—

(i) at any time before he or she was charged with the offence, on being questioned by a member in relation to the offence, or

(ii) when being charged with the offence or informed by a member that he or she might be prosecuted for it,

was requested by the member to account for any detection device that was—

(I) on his or her person,

(II) in or on his or her clothing or footwear,

(III) otherwise in his or her possession, or

(IV) in any place in which he or she was during any specified period,

and which the member reasonably believes may be attributable to the participation of the accused in the commission of the offence and the member informed the accused that the member so believes, and the accused failed or refused to give such account, being an account which, in the circumstances at the time, clearly called for an explanation from the accused when so questioned, charged or informed, as the case may be.

(b) The court, in determining whether the charge should be dismissed under Part IA of the Criminal Procedure Act 1967 or whether there is a case to answer and the court (or, subject to the judge’s directions, the jury), in determining whether the accused is guilty of the relevant offence, may draw such inferences from the failure or refusal referred to in paragraph (a) as appear proper; and such failure or refusal may, on the basis of such inferences, be treated as, or as capable of amounting to, corroboration of any evidence in relation to which that failure or refusal is material.

(2) A person shall not be convicted of the relevant offence solely or mainly on an inference drawn from a failure or refusal to account for a matter to which subsection (1) applies.

(3) Subsection (1) shall not have effect unless—

(a) the accused was told in ordinary language when being questioned, charged or informed, as the case may be, what the effect of the failure or refusal to account for a matter to which that subsection applies might be, and

(b) the accused was afforded a reasonable opportunity to consult a solicitor before such failure or refusal occurred.

(4) Nothing in this section shall, in any proceedings—

(a) prejudice the admissibility in evidence of the silence or other reaction of the accused in the face of anything said in his or her presence relating to the conduct in respect of which he or she is charged in so far as evidence thereof would be admissible apart from this section,

(b) be taken to preclude the drawing of any inference from the silence or other reaction of the accused which could properly be drawn apart from this section, or

(c) be taken to preclude the drawing of any inference from a failure or refusal to account for the presence of any detection device which could properly be drawn apart from this section.

(5) The court (or, subject to the judge’s directions, the jury) shall, for the purposes of drawing an inference under this section, have regard to whenever, if appropriate, the account of the matter concerned was first given by the accused.

(6) This section shall not apply in relation to the questioning of a person by a member unless it is recorded by electronic or similar means or the person consents in writing to it not being recorded.

(7) References in subsection (1) to evidence shall, in relation to the hearing of an application under Part IA of the Criminal Procedure Act 1967 for the dismissal of a charge, be taken to include a statement of the evidence to be given by a witness at the trial.

(8) In this section—

“member” means a member of the Garda Síochána;

“relevant offence” means a contravention of section 148(1)(f).

Chapter 3

181. Defence for relevant offences

181. (1) In proceedings for a relevant offence, it shall be a defence for the person charged with the offence to prove that he or she has made a payment in accordance with section 88, pursuant to a fixed payment notice issued in respect of that offence.

(2) In this section—

“fixed payment notice” shall be construed in accordance with section 88(1);

“relevant offence” has the meaning assigned to it by section 86.

182. Defence in respect of offences committed at sea or on water

182. Where a person is charged with an offence under this Act and the act alleged to be an offence took place at sea or on water, it shall be a defence for the person to show that the act was urgently required so as to—

(a) protect human life,

(b) protect persons from serious injury, or

183. Defence that act was carried out to protect or record elements of archaeological, architectural or historic heritage in immediate danger of destruction

183. (1) (a) Paragraph (b) applies where a person is charged with an offence under this Act in relation to any works or other activity (in this section referred to as the “works or activity concerned”) required to be done, undertaken or carried out under and in accordance with a licence.

(b) It shall be a defence to show that, subject to subsection (2), the works or activity concerned was done for the sole purpose of protecting, or recording, any archaeological object, monument to which general protection applies or monument to which special protection applies, wreck or any other element of historic heritage which was in the course of destruction or serious damage by reason of—

(i) natural causes, or

(ii) an action being taken by another person.

(2) The defence provided by subsection (1) shall not be available unless the person claiming it did or does all of the following:

(a) makes a report in accordance with the requirements of subsection (3) to the Minister and, in any event, not later than 72 hours from the commencement of the works or activity concerned;

(b) provides the Minister with such further information as he or she may reasonably require following receipt of a report under this subsection;

(c) does not continue the works or activity concerned, or direct that the works or activity concerned be continued, for any period longer than 96 hours or such lesser period as may be directed by the Minister on receipt of a report under this subsection;

(d) complies with any and all directions the Minister may give regarding the conduct of the works or activity concerned;

(e) makes available to the Minister any plans, drawings, photographs or notes made or taken in the course of the archaeological excavation (if any) concerned;

(f) complies with sections 13 and 101 in so far as those sections are relevant in the course of the works or activity concerned.

(3) A report under subsection (2) shall—

(a) state the name and address of the person making it,

(b) describe the site of the works or activity concerned,

(d) describe in general terms the deposits, features or structures found, uncovered, located or identified in the course of the works or activity concerned.

184. Defence that person was acting as servant or agent

184. It shall be a defence for a person charged with an offence under this Act to show that the act constituting the offence was the subject of a new authorisation or old authorisation granted, issued or given under this Act or an enactment repealed by section 7, as appropriate, to a person in relation to whom the person charged was acting as servant or agent provided—

(a) the act alleged to constitute the offence was carried out under and in accordance with such authorisation, and

(b) without prejudice to the generality of paragraph (a), the carrying out of the act alleged to constitute the offence by way of the employment or engagement of a servant or agent was in accordance with such authorisation.

185. Defence in relation to finding of prescribed monuments

185. (1) Subject to subsection (2), where a person is charged with an offence under this Act, being an offence relating to a failure to make a preliminary report in accordance with section 13(2)(b), it shall be a defence for the person to show that a reasonable person would not, in all the circumstances, have been aware that the prescribed monument concerned was such a monument.

(2) (a) The defence under subsection (1) shall not apply in respect of any act occurring after the person was given an enforcement notice in respect of the contravention concerned or after the person was otherwise advised or became aware that the provisions of section 13(2)(b) applied to the finding of the prescribed monument.

(b) In paragraph (a), “act” includes a continuing failure to make a preliminary report under section 13(2)(b) in respect of the finding of the prescribed monument after the person was given such enforcement notice or the person being so advised or becoming so aware.

186. Defence in relation to relevant works

186. (1) Where a person is charged with the offence of contravening section 27(1) in respect of a monument to which general protection applies (not being a registered monument or a wreck one hundred or more years old), it shall be a defence for the person to show that a reasonable person would not, in all the circumstances, have been aware that the monument was a monument to which general protection applies.

(2) The defence under subsection (1) shall not apply in respect of any act occurring after the person was given an enforcement notice in respect of the relevant works concerned or after the person was otherwise advised or became aware that the provisions of section 27(1) applied.

187. Defence in relation to finding of archaeological objects

187. (1) Subject to subsection (2), where a person is charged with an offence under this Act, being an offence relating to a failure to make a preliminary report in accordance with section 101(2)(b), it shall be a defence for the person to show that a reasonable person would not, in all the circumstances, have been aware that the archaeological object concerned was such an object.

(2) (a) The defence under subsection (1) shall not apply in respect of any act occurring after the person was given an enforcement notice in respect of the contravention concerned or after the person was otherwise advised or became aware that the provisions of section 101(2)(b) applied to the finding of the archaeological object.

(b) In paragraph (a), “act” includes a continuing failure to make a preliminary report under section 101(2)(b) in respect of the finding of the archaeological object after the person was given such enforcement notice or the person being so advised or becoming so aware.

Chapter 4

188. General powers of officers, servants and agents, etc., of relevant authority

188. (1) Where any function is conferred under this Act on a relevant authority, then, in so far as is reasonably necessary for the purpose of performing that function, the relevant authority or its officers, servants or agents acting on behalf of the relevant authority, or both, shall, for those purposes, have the power to—

(a) enter on, in, over or go across freely any land (including dwellings) and carry out works there or carry out all forms of survey, recording or investigation (including archaeological excavation),

(b) bring with him or her any equipment, machinery or materials as may be necessary and place them on or in any land (including dwellings),

(c) secure any site, area or object for further survey, recording or investigation (including archaeological excavation),

(d) be accompanied by any persons it would be reasonable for him or her to be accompanied by, and

(e) require any person encountered to give such assistance as is reasonable in the circumstances or provide any information about archaeological, architectural or other historic heritage as may reasonably be sought.

(2) A private dwelling shall not be entered under a provision of this Act without the consent of the occupier unless—

(a) a warrant from the District Court has been obtained under subsection (3) authorising such entry, or

(b) such entry is made under section 203.

(3) If a judge of the District Court is satisfied by information on oath of an officer of a relevant authority that it is reasonably necessary that a private dwelling be entered for the purposes of this Act, the judge may issue a warrant authorising such entry.

(4) A warrant issued under subsection (3) shall be expressed and operate to authorise named officers, servants or agents of the relevant authority concerned, accompanied (if appropriate) by other officers, servants or agents of that relevant authority or of other relevant authorities, or any other persons it would be reasonable for them to be accompanied by, at any time within one month from the issue of the warrant, on production of the warrant if so requested, to enter the dwelling by force if necessary, and to exercise all or any of the powers conferred under subsection (1) or under any provision of this Act to the appropriate purpose for which the warrant was sought.

(5) An officer, agent or servant of a relevant authority who, in the course of performing a function under this Act, enters land in private ownership which is not open to the public shall produce to anyone who may reasonably request it identification showing that he or she is such an officer, agent or servant or other evidence in writing to such effect.

(6) Where any provision of this Act refers to the placing by a relevant authority of a sign at or adjacent to a monument, the relevant authority or his or her officers, servants or agents may place or erect the sign in such a place and in such a manner as he or she considers appropriate in the circumstances.

(7) In this section, “relevant authority” means—

(a) the Minister,

(b) the Commissioners,

(d) a local authority.

Chapter 5

189. Powers of Minister in respect of inspections

189. (1) The Minister may inspect or cause to be inspected—

(a) a relevant thing of a relevant interest or a relevant thing that the Minister reasonably believes may be of such interest,

(b) a site where the Minister reasonably believes that a relevant thing referred to in paragraph (a) may be situated or may once have been situated,

(c) a site where a licensable activity (and whether or not a licence has in fact been granted for such activity) is being carried out,

(d) a site where a licensable activity (and whether or not a licence has in fact been granted for such activity) has been carried out, or

(e) any other site on land that the Minister reasonably believes ought to be inspected for purposes relating to the protection, investigation or recording of archaeological objects or architectural heritage or historic objects.

(2) In this section, “inspect” includes—

(a) the carrying out or undertaking of archaeological excavation,

(b) any other form of investigation or recording as may be reasonable and appropriate in the circumstances of a particular inspection, and

(c) the examination of any archaeological object or historic object in the site inspected or which was found or identified in that site.

190. Powers of Board in respect of inspections

190. (1) The Board may inspect, or cause to be inspected—

(a) any site where an archaeological object or historic object has been found or that the Board reasonably believes such an object may have been found, or

(b) any site where an archaeological object or historic object is situated or that the Board reasonably believes such an object may be situated.

(2) For the purposes of this section, “inspect” includes—

(a) the carrying out or undertaking of archaeological excavation,

(b) any other form of investigation or recording as may be reasonable and appropriate in the circumstances of a particular inspection, and

(c) the examination of any archaeological object or historic object in the site inspected or which was found or identified in that site.

Chapter 6

191. Construction of Chapters 4 and 5

191. Neither Chapter 4 nor 5 shall be construed in such a way as to relieve a person performing a function under that Chapter, being a function which consists of, or entails, the doing of a licensable activity, from the requirement, as specified in this Act, to have a licence in respect of such activity.

192. Signage

192. (1) The Minister may cause a sign, in the Irish language and the English language, to be placed at, or adjacent to, a monument for the purposes of providing guidance to members of the public, who are in the immediate vicinity of the monument, as to—

(a) their responsibilities as regards the monument whilst in such vicinity,

(b) the nature of the archaeological, architectural, artistic, historic or traditional interest of the monument, or

(2) The Minister may cause a sign referred to in subsection (1) to be removed or removed and replaced.

(3) In any proceedings for an offence under this Act relating to a monument, it shall not be a defence for the person charged with the offence to prove that, at the time the offence was committed, the monument was not the subject of a sign referred to in subsection (1).

Chapter 7

193. Definitions - Chapter 7

193. In this Chapter—

“enforcement notice” means a notice under section 195(2);

“relevant authority”, in relation to a relevant provision, means—

(a) subject to paragraphs (b) to (h), the Minister,

(b) if the relevant provision is section 75(3)(b) where the national monument referred to in that section is a national monument (M), the Minister or, with the consent of the Minister, the Commissioners,

(d) if the relevant provision is—

(i) section 99(1) or (5), 101(2)(b), (3)(a) or (4)(b), 103(1), 105(6), 109(1), 113(1) or (2), 114(1) or (4)(b), 116(2), 128(2) or 129(2), the Board, or

(ii) a procedure prescribed under section 110, the Board,

(e) if the relevant provision is section 75(3)(b) where the national monument referred to in that section is a national monument (LA), the local authority concerned,

(f) if the relevant provision is a bye-law made under section 81(2), the local authority concerned,

(g) if the relevant provision is a provision of a new authorisation or old authorisation, the person who granted, issued or gave the authorisation or, if applicable in the case of an old authorisation, the successor to that person, or

(h) if the relevant provision is section 174, the person concerned referred to in paragraph (a), (b), (c), (d), (e), (f), (g) or (h) of that section;

“relevant court”, in relation to an enforcement notice given to a person, shall be construed in accordance with section 194;

“relevant event”, in relation to an enforcement notice given to a person, means—

(a) the taking by the person of the steps specified in the notice,

(b) the cancellation of the notice under section 195(5),

(d) in so far as a direction specified in the notice is concerned, the determination by the relevant court of an application under section 196(1) made on foot of that direction,

whichever first occurs;

“relevant provision” means—

(a) a provision of this Act, or

(b) a provision of a new authorisation or old authorisation.

194. High Court’s and Circuit Court’s jurisdiction under this Chapter

194. (1) The High Court shall have jurisdiction to hear and determine proceedings under this Chapter in relation to an enforcement notice given to a person where the relevant provision concerned is a provision referred to in section 175(2) or (4).

(2) Subject to subsection (3), the Circuit Court shall have jurisdiction to hear and determine proceedings under this Chapter in relation to an enforcement notice given to a person where the relevant provision concerned is a provision other than a provision referred to in section 175(2) or (4).

(3) The Circuit Court for the purposes of subsection (2) shall be—

(a) subject to paragraph (b), the Circuit Court for the circuit in which the monument, archaeological object, historic object, wreck, licensable activity or other thing to which the enforcement notice concerned relates is situated at the time the application concerned is made, or

(b) if the whereabouts of the person given that notice, or the whereabouts of the monument, archaeological object, historic object, wreck, licensable activity or other thing to which the notice relates, or both, are unknown at the time the application concerned is made, the Dublin Circuit Court.

195. Issue of enforcement notices

195. (1) For the purposes of assisting in the protection of historic heritage and assisting in ensuring that licensable activities are carried out under and in accordance with licences through effective measures to deal with a contravention of a relevant provision, subsection (2) applies where the relevant authority is of the opinion (in this section referred to as the “relevant opinion”) that a person—

(a) has contravened a relevant provision,

(b) is contravening a relevant provision, or

(c) has contravened a relevant provision in circumstances that make it likely that the contravention will continue or be repeated.

(2) Without prejudice to section 154 or the other provisions of this Part, the relevant authority may give the person a notice in writing, accompanied by a copy of this Chapter—

(a) stating the person’s name and address or other identifying particulars of the person,

(b) stating the relevant opinion,

(c) specifying the relevant provision as to which he or she is of that opinion and the reasons why he or she is of that opinion,

(d) directing the person to take such steps as are specified in the notice to remedy the contravention or, as the case may be, the matters occasioning it, and

(e) specifying a period (ending not earlier than the period specified in section 196(1) within which an application under that section to cancel a direction specified in the notice may be made) within which those steps must be taken, being a period reasonable in the circumstances.

(3) The steps specified in an enforcement notice to remedy any contravention or matter to which the notice relates may be framed so as to afford the person to whom it is given a choice between different ways of remedying the contravention or matter, as the case may be.

(4) Where a person to whom an enforcement notice has been given makes an application under section 196(1) to cancel a direction specified in the notice, the steps specified in the notice, in so far as they relate to that direction, need not be taken by the person pending the determination, withdrawal or abandonment of the application.

(5) The relevant authority may cancel an enforcement notice by notice in writing given to the person concerned.

(6) Where a person fails to take the steps specified in an enforcement notice given to him or her, the relevant authority may, on notice to that person, apply in a summary manner to the relevant court for an order requiring the person to take those steps (or to take such varied or other steps for the like purpose as may be specified in the order), and the court—

(a) may—

(i) make the order sought,

(ii) make the order sought subject to such variations to those steps as may be specified in the order, or

(iii) make the order sought subject to such other steps for the like purpose as may be specified in the order,

(b) may dismiss the application,

and, whether paragraph (a) or (b) is applicable, may make such order as to costs as it thinks fit in respect of the application.

(7) Without prejudice to the generality of subsection (2)(d), the steps referred to in that subsection specified in an enforcement notice given to a person may be or include any, or any combination of, the following steps:

(a) in so far as is practicable, that any monument, archaeological object, historic object, wreck or other thing in respect of which the contravention concerned took place or is taking place is restored to its condition prior to the commencement of the contravention;

(b) that any licensable activity—

(i) is carried out under and in accordance with a license pertaining to that activity, or

(ii) ceases to be carried out unless or until it is carried out under and in accordance with a licence pertaining to that activity;

(c) the carrying out of any works, including such repairs or other works to a monument, archaeological object, historic object, wreck or other thing or such archaeological excavation or recording as are specified in the notice;

(d) the payment of such amount to the relevant authority concerned so that the relevant authority may undertake, or have undertaken on the relevant authority’s behalf, any of the matters referred to in paragraph (c);

(e) the carrying out of any works referred to in paragraph (c) under the superintendence and control of the relevant authority concerned to the extent specified in the notice and at the expense of such person;

(f) the return or surrender to a specified person, or a person falling within a specified category of persons, or the placing in a specified place, or a place falling within a specified category of places, of any—

(i) archaeological object,

(ii) historic object,

(iii) wreck, or

(iv) cultural property designated (whether by the State or another state party within the meaning of section 125) for the purposes of the Convention (within the meaning of section 125),

whether or not such person or place is located within or outside the State.

196. Application for cancellation of direction specified in enforcement notice

196. (1) A person to whom an enforcement notice has been given may, on notice to the relevant authority, not later than 30 days after being given the notice, apply to the relevant court for the cancellation of any direction specified in the notice and, on such an application, the court may—

(a) cancel the direction,

(b) confirm the direction, or

and, whether paragraph (a), (b) or (c) is applicable, make such order as to costs as it thinks fit in respect of the application.

(2) The decision of the relevant court on a direction specified in an enforcement notice shall be final save that—

(a) if the relevant court is the Circuit Court, by leave of that Court or the High Court, an appeal by the relevant authority or the person concerned, as the case may be, against the decision shall lie to the High Court on a point of law, or

(b) if the relevant court is the High Court, by leave of that Court or the Court of Appeal, an appeal by the relevant authority or the person concerned, as the case may be, against the decision shall lie to the Court of Appeal on a point of law.

197. Injunctions

197. (1) This section applies where a relevant authority—

(a) has given an enforcement notice to a person (in this section referred to as the “relevant person”), and

(b) is of the opinion that the nature or gravity of the possible contravention referred to in section 195(1) of a relevant provision that founded the giving of that notice to the relevant person warrants, in the interest of protecting the monument, archaeological object, historic object, wreck or other thing to which the notice relates, the relevant person doing, or ceasing to do, an act (in this section referred to as the “relevant act”) until the occurrence of a relevant event.

(2) The relevant authority may make an application by motion to the relevant court for an interim or interlocutory order directing the relevant person to do, or cease to do, the relevant act until the occurrence of the relevant event and the relevant court may—

(a) make the order sought subject to such conditions (if any) as are specified in the order, or

(b) dismiss the application,

and, whether paragraph (a) or (b) is applicable, make such order as to costs as it thinks fit in respect of the application.

(3) Where an order has been or may be sought under this section, any other action, whether under this Act or otherwise, may be commenced or continued, whether by way of civil or criminal proceedings or otherwise.

(4) This section shall not be construed to prevent the relevant court from making such interim or interlocutory order as it thinks fit during the course of, or at the conclusion of, any proceedings before the court pursuant to section 195(6) or 196.

198. Burden of proof

198. For the avoidance of doubt, it is hereby declared that the burden of proof in relation to all matters arising during the hearing of proceedings under this Chapter shall be on the balance of probabilities.

199. Other provisions of this Part not prejudiced

199. An action taken under this Chapter shall not be construed to prejudice the generality of any action that may be taken under any other Chapter of this Part and, accordingly, an action may be taken under this Chapter in relation to a person or thing concurrently with, or before or after, an action taken under another Chapter of this Part in relation to that same person or thing.

200. Rules of court

200. Rules of court may make provision for the expedition of the hearing of proceedings under this Chapter.

Chapter 8

201. Powers under this Chapter are additional to other powers

201. The powers of any person under this Chapter are in addition to, and not in substitution for, powers arising under the Criminal Law Act 1997 or any other enactment or otherwise.

202. Definition - Chapter 8

202. In this Chapter, “relevant body” means—

(a) An Garda Síochána, or

(b) the Naval Services of the Defence Forces.

203. Powers of arrest, search and seizure of relevant bodies

203. (1) A member of a relevant body may arrest without warrant any person committing an offence, or any person whom the member believes to be committing an offence, under this Act.

(2) A member of a relevant body may arrest without warrant any person on suspicion of having committed or having been involved in committing an offence under this Act if the member has reasonable grounds to believe that such person may abscond.

(3) A member of a relevant body, accompanied, if appropriate, by any other person it would be reasonable for him or her to be accompanied by, may—

(a) search land, premises, vehicles, vessels and aircraft without warrant for the purpose of investigating the commission or intended commission of offences under this Act,

(b) seize and detain any thing found in the course of such search which may be evidence of the commission or intended commission of an offence under this Act or which appears to be held contrary to this Act or photograph or otherwise record (including, in the case of documents, make copies of) any such thing or secure it for future examination or retrieval, or

(4) A private dwelling shall not be entered under this section without the consent of the occupier unless a warrant from the District Court has been obtained under subsection (5).

(5) If a judge of a District Court is satisfied by information on oath of a member of An Garda Síochána that there are reasonable grounds for suspecting that evidence of, or relating to, the commission or intended commission of an offence under this Act is to be found in or under any private dwelling, the judge may issue a warrant.

(6) A search warrant issued under subsection (5) shall be expressed, and shall operate, to authorise named members of An Garda Síochána, accompanied, if appropriate by other members of An Garda Síochána, or any other persons it would be reasonable for them to be accompanied by, at any time or times within one month from the issue of the warrant, on production of the warrant if so requested, to—

(a) enter the dwelling by force if necessary,

(b) seize any thing found in or under the private dwelling which may be evidence of the commission or intended commission of an offence under this Act or which appears to be held contrary to this Act or photograph or otherwise record (including, in the case of documentation, make copies of) any such thing or secure it for future examination or retrieval,

(d) exercise all or any of the powers conferred by this section.

(7) The Police (Property) Act 1897 and, where appropriate section 25 of the Criminal Justice Act 1951 shall apply to any thing seized under this section (including anything seized by a member of the naval service) as that Act or such section 25, as the case may be, applies to property which has come into the possession of An Garda Síochána in the circumstances mentioned in that Act concerned.

204. Provisions supplementary to section 203

204. (1) A member of a relevant body may at any time accompany, or otherwise assist, any officer, agent or servant of the Minister, the Commissioners, the Board or a local authority in the performance of any of their functions under this Act.

(2) (a) A member of a relevant body may request any person encountered in the course of exercising powers under this Chapter to render such assistance as may be reasonable in the circumstances or to give his or her name and address.

(b) A person the subject of a request referred to in paragraph (a) shall comply with the request.

(3) (a) Where a member of a relevant body suspects that a person has committed an offence under this Act and so alleges to the person, the member may request the person to give his or her name and address.

(b) A person the subject of a request referred to in paragraph (a) shall comply with the request.

(4) (a) Where a member of a relevant body—

(i) has reasonable grounds for believing that an offence under this Act has been, or is being, committed,

(ii) finds any person in possession of an archaeological object, historic object, monument or wreck, and

(iii) has reasonable grounds for believing that the thing referred to in subparagraph (ii) is a thing in respect of which the offence referred to in subparagraph (i) took place or is taking place,

he or she may request the person to give an account of how he or she came to have the thing in his or her possession.

(b) A person the subject of a request referred to in paragraph (a) shall comply with the request.

(5) Subsection (4) shall not have effect unless the person concerned, when required to give the account, was told in ordinary language by the member concerned of the relevant body what the effect of the failure or refusal might be.

(6) Any information given in compliance with a requirement under subsection (4) shall not be admissible in evidence against that person in any proceedings, civil or criminal, other than proceedings for an offence for a contravention of paragraph (b) of that subsection.

Chapter 9

205. Inferences, evidential burdens and onuses of proof arising in certain circumstances

205. (1) Where, in any proceedings for an offence under this Act, the person charged with the offence claims in his or her defence that he or she has been granted, given or issued a new authorisation, the burden of showing that the authorisation has been granted, given or issued shall lie with the defendant.

(2) (a) In any proceedings for an offence under this Act, prima facie evidence may be given that no new authorisation was granted, given or issued which would have acted to render lawful the matter alleged to be an offence by means of the production to the court of a copy, authenticated as provided for in paragraph (b), of any such portion or extract of any register or record of new authorisations as relates to or covers the relevant period.

(b) Any such copy produced to the court shall be authenticated by the signature of an officer of the Minister, the Commissioners or the Board, or of a local authority, as appropriate, but it shall not be necessary to prove such signature or that the person signing is such an officer or has been authorised to so authenticate.

(3) Where, in any proceedings for an offence under this Act, the person charged with the offence claims in his or her defence that he or she has given a relevant and valid notice or other document under this Act, the burden of showing that such notice or other document was given shall rest with the defendant.

(4) (a) In any proceedings for an offence under this Act, prima facie evidence may be given that no notice or other document was given by or on behalf of the person charged with the offence which would have acted to render lawful the matter alleged to be an offence by means of the production to the court of a copy, authenticated as provided for in paragraph (b), of any such portion or extract of any register or record of notices or other documents received by the Minister, the Commissioners or the Board, or local authority, as appropriate, as relates to or covers the relevant period.

206. Evidentiary presumptions

206. (1) The Minister may, by notice in writing, authorise an officer of the Minister to give, on the Minister’s behalf, a certificate under this section.

(2) In proceedings, a certificate signed by the Minister, or an authorised person, containing a relevant statement shall, without proof of the signature of the person purporting to sign the certificate or that the person was the Minister or an authorised person, as the case may be, be evidence, unless the contrary is shown, of the matters the subject of the relevant statement.

(3) A certificate under this section may contain 2 or more relevant statements.

(4) In this section—

“authorised person” means an officer of the Minister authorised under subsection (1) by the Minister to give, on the Minister’s behalf, a certificate under this section;

“relevant statement” means a statement specified in Schedule 8.

207. Vicarious liability

207. (1) Anything done by a person in the course of his or her employment shall, in any proceedings brought under this Act, be treated, for the purposes of this Act, as done also by that person’s employer, whether or not it was done with the employer’s knowledge or approval.

(2) Anything done by a person as agent for another person, with the authority (whether express or implied and whether precedent or subsequent) of that other person shall, in any proceedings brought under this Act, be treated as done also by that other person.

(3) Subject to subsection (4), in proceedings brought under this Act against an employer in respect of an act alleged to have been done by an employee of the employer, it shall be a defence for the employer to prove that the employer took such steps as were practicable to prevent the employee—

(a) from doing that act, or

(b) from doing in the course of his or her employment acts of that description.

(4) Subsection (3) shall not apply to proceedings relating to an application for an order under section 197 or any other civil proceedings, whether under this Act or otherwise.

(5) In this section—

“contract of employment” means a contract of employment or of service or of apprenticeship, whether the contract is express or implied and, if express, whether it is oral or in writing;

“employee” means a person who has entered into or works under (or, where the employment has ceased, entered into or worked under) a contract of employment and references, in relation to an employer, to an employee shall be construed as references to an employee employed by that employer;

“employer”, in relation to an employee, means the person with whom the employee has entered into or for whom the employee works under (or, where the employment has ceased, entered into or worked under) a contract of employment, and includes—

(a) a person (other than an employee of that person) under whose control and direction an employee works, and

(b) where appropriate, the successor of the employer or an associated employer of the employer.

208. Procedural provisions applicable in case of offence involving sea or sea bed or land covered by water

208. (1) Proceedings for an offence under this Act, committed in an area consisting of part of the sea or the sea bed may be taken, and the offence may for all incidental purposes be treated as having been committed, in any site in the State.

(2) Proceedings for an offence under this Act, committed in an area consisting of land covered by water and which is situated in 2 or more District Court districts may be taken, and the offence may for all incidental purposes be treated as having been committed, in any of those districts.

(3) Subsection (2) shall, with all necessary modifications, apply to a circuit to which a Circuit Court judge is assigned as that subsection applies to a District Court district.

209. Summary proceedings

209. An offence under this Act may be prosecuted summarily by—

(a) the Minister,

(b) the Board in the case of an offence relating to an archaeological object or historic object, or

210. Time limit for offences that may only be brought by summary proceedings

210. (1) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, summary proceedings for an offence under this Act to which that provision applies may be instituted—

(a) within 12 months after the date on which the offence was committed, or

(b) within 6 months after the date on which evidence sufficient, in the opinion of the person instituting the proceedings, to justify proceedings comes to that person’s knowledge,

whichever is the later, provided that no such proceedings shall be commenced later than 2 years after the date on which the offence concerned was committed.

(2) For the purposes of subsection (1)(b), a certificate signed by or on behalf of the person initiating the proceedings as to the date on which evidence referred to in that subsection came to his or her knowledge shall be evidence of that date and, in any legal proceedings, a document purporting to be a certificate under this subsection and to be so signed shall be admitted as evidence without proof of the signature of the person purporting to sign the certificate, unless the contrary is shown.

(3) Subsection (1) and (2) shall not be construed to prejudice the generality of section 7 of the Criminal Justice Act 1951.

Chapter 10

211. Costs of prosecutions and applications for injunctions

211. (1) The court shall, unless it is satisfied that there are special and substantial reasons for not so doing—

(a) where a person is convicted of an offence under this Act, or

(b) where a person is the subject of an order under section 197,

order the person to pay the Minister, the Commissioners, the Board, the local authority or other person, as appropriate, the costs and expenses of the action, measured by the court.

(2) Where costs or expenses are to be paid to the Minister, the Commissioners, the Board or a local authority, they shall include any such costs or expenses reasonably incurred by any of those persons in relation to the investigation, detection and prosecution of the offence or the seeking of the order, as appropriate, including costs incurred in respect of the remuneration and other expenses of employees, consultants and advisers.

212. Recovery of debts

212. (1) Where—

(a) it is a condition of a new authorisation that the person to whom the authorisation is granted, issued or given shall reimburse the relevant body who granted, issued or gave the authorisation for the amount of any costs or expenses incurred as a result of granting, issuing or giving the authorisation, or

(b) a court under this Part orders a person to pay an amount (howsoever described) to a relevant body,

the relevant body concerned may recover, as a simple contract debt in any court of competent jurisdiction, from such person the amount due.

(2) (a) Where a person subject to a charge under subsection (1) is in default of such payment, the relevant body concerned may apply the specified interest to the amount outstanding.

(b) In this subsection, “specified interest” means—

(i) a rate of interest equivalent to the fixed rates of interest penalty payable under section 4(2) of the Prompt Payment of Accounts Act 1997, or

(ii) such other lower rate as may be prescribed by the Minister for Public Expenditure, National Development Plan Delivery and Reform.

(3) Subsection (1) shall not operate to prejudice the generality of the Fines (Payment and Recovery) Act 2014.

(4) In this section, “relevant body” means—

(a) the Minister,

(b) the Commissioners,

(d) a local authority.

Chapter 11

213. Interpretation - Chapter 11

213. (1) In this Chapter—

“code of practice” means a code of practice published under section 214(1), and includes part of such code;

“external code” means a code of practice which is not a code of practice published under section 214(1).

(2) (a) Nothing in this Chapter or in a code of practice published under section 214(1) shall be construed to prejudice the operation of an external code.

(b) Nothing in an external code of practice shall be construed to prejudice the operation of this Chapter or a code of practice published under section 214(1).

214. Codes of practice

214. (1) The Minister may prepare and publish a code of practice, not inconsistent with this Act, for the purposes of—

(a) setting out the manner in which he or she proposes to perform any function conferred upon him or her under a provision of this Act, or

(b) providing practical guidance to persons, or a class of persons, to assist the persons, or the class of the persons, as the case may be, to comply with a provision of this Act that applies to the persons, or the class of the persons, as the case may be.

(2) Where the Minister wishes to prepare and publish a code of practice under subsection (1), he or she shall, before publication—

(a) make available, in such manner as he or she considers appropriate, a draft of the code to such persons as the Minister considers appropriate having regard to the matters to which the code relates,

(b) invite the persons to whom he or she has made the draft available to make representations in writing on it to the Minister within a period determined by the Minister, being a period of not less than 30 days from the date of making the draft available to those persons,

(d) make any modifications that he or she considers appropriate to the draft.

(3) Where the Minister publishes a code of practice under subsection (1), he or she shall cause a notice to that effect to be published in Iris Oifigiúil and such notice shall specify—

(a) the provision of this Act to which the code relates,

(b) if the code is for the purposes referred to in subsection (1)(b), the persons or class of persons for whom the code is providing guidance,

(d) the site where a copy of the code may be viewed, inspected or purchased.

(4) The Minister shall keep posted on the website of the Department a copy of each code of practice published under subsection (1), as the code is in force from time to time, on and from the date on which the code has effect.

(5) The Minister shall arrange for that part of the website of the Department which contains a code of practice pursuant to subsection (4) to ordinarily be accessible by members of the public.

(6) Subject to subsection (7), the Minister may amend or revoke a code of practice published under subsection (1).

(7) Subsection (2) shall, with all necessary modifications, apply to a code of practice that the Minister proposes to amend or revoke under subsection (6) as subsection (2) applies to a code of practice that the Minister proposes to publish under subsection (1).

(8) Where the Minister amends or revokes a code of practice published under subsection (1), the Minister shall cause a notice to that effect to be published in Iris Oifigiúil specifying—

(a) the code to which the amendment or revocation, as the case may be, relates and, if applicable, particulars of the amendment,

(b) if the code is for the purposes referred to in subsection (1)(b), the persons or class of persons in respect of whom the code is so amended or revoked, as the case may be, and

215. Admissibility of codes of practice

215. A document bearing the seal of the Minister and purporting to be a code of practice or, where such a code has been amended under section 214, the code as so amended shall be admissible in evidence—

(a) in any proceedings before a court or tribunal, or

(b) in any other proceedings concerning the provision of this Act to which the code relates.

Chapter 12

216. Taking possession of objects, etc., being held or treated, etc., in a manner in contravention of this Act, etc.

216. (1) Where a relevant authority is satisfied that—

(a) a relevant item has been, is being, or is likely to be, treated in a manner that contravenes a provision of this Act, or

(b) the ownership or right to possession of a relevant item is in dispute,

the relevant authority may, by a notice in writing given to a relevant person, direct the relevant person to take the relevant item into his or her possession on behalf of the relevant authority.

(2) A relevant person who is given a direction under subsection (1) shall comply with the direction in accordance with the terms of the direction.

(3) A relevant authority who has given a direction under subsection (1) in respect of a relevant item referred to in paragraph (b) of that subsection shall, as soon as is practicable after the dispute concerned referred to in that paragraph has been settled (whether by legal proceedings or otherwise), cause the relevant item to be given to its owner or the person with the right to its possession as determined by that settlement.

(4) The relevant authority who has caused a relevant item to be taken into possession by a relevant person under this section may—

(a) direct in writing the relevant person to place the item in a site which, in the opinion of the relevant authority, is suitable having regard to the needs of protecting or ensuring the safety of that item, or

(b) direct in writing the relevant person to take such steps as are reasonable in the circumstances to be taken to protect or ensure the safety of the item.

(5) A relevant person who is given a direction under subsection (4) shall comply with the direction in accordance with its terms.

(6) In this section—

“relevant authority” means—

(a) the Minister, or

(b) the Board;

“relevant item” means—

(a) an archaeological object,

(b) an historic object,

(d) a wreck;

“relevant person”, in relation to a relevant authority, means an officer, servant or agent of the relevant authority.

217. Minister may require certain information regarding title to lands

217. (1) The Minister may, for any purposes connected with this Act, by notice in writing given to a person who is the occupier of any land, or to a person receiving (whether for himself or herself or for another) rent from any land, require the person to inform him or her, within a specified period ending not less than 14 days after being so required, of particulars of the estate, right or interest by virtue of which he or she occupies such land or receives such rent, as the case may be.

(2) A person who is given a notice under subsection (1) shall comply with the requirement specified in the notice within the period specified in the notice for the purpose.

PART 11 Miscellaneous

218. (1) A relevant body may, for the purposes of the protection and proper management of historic heritage and consistent with the functions that the body may perform, and to the extent that is necessary and proportionate for such purposes, share information (including personal data within the meaning of section 158(10)) with another relevant body in accordance with law.

(2) The Minister may prescribe a body for the purposes of paragraph (l) of the definition of “relevant body” in subsection (3) where he or she is satisfied that the body has one or more than one function that is relevant to the protection and proper management of historic heritage.

(3) In this section, “relevant body” means—

(a) a Department of State,

(b) a local authority,

(d) An Garda Síochána,

(e) the Office of Public Works,

(f) the National Museum of Ireland,

(g) Tailte Éireann,

(h) the Revenue Commissioners,

(i) the Coroner Service,

(j) the Defence Forces,

(k) any authority in another state that has responsibilities as regards historic heritage in that state, or

(l) any other body prescribed under subsection (2) for the purposes of this paragraph.

219. Delegation of functions under section 77(1) of Minister

219. (1) The Minister may by order delegate to the Commissioners any or all of the Minister’s functions under section 77(1).

(2) Where a delegation is made under subsection (1)—

(a) a function delegated by the delegation shall be performed by the Commissioners in their own name but subject to the general superintendence and control of the Minister,

(b) subject to paragraph (a) and subsection (3), the delegation shall operate, so long as it continues in force, to confer on and vest in the Commissioners each function delegated by the delegation,

(c) a function delegated by the delegation shall be performed by the Commissioners subject to any conditions stated in the order concerned under this section,

(d) any obligation or liability undertaken by the Commissioners consequent upon the performance by the Commissioners of a function to which the delegation relates shall be of the same force and effect as if the obligation or liability, as the case may be, had been undertaken by the Minister,

(e) a function of the Minister delegated by the delegation shall, notwithstanding the delegation, continue to be vested in the Minister but shall be so vested concurrently with the Commissioners so as to be capable of being performed by either the Minister or the Commissioners,

(f) the delegation shall not remove or derogate from the responsibility of the Minister to Dáil Éireann or as a member of the Government for the performance of the functions of the Minister thereby delegated, and

(g) the Commissioners shall, by virtue of this paragraph and notwithstanding any other enactment, have the power to perform each function delegated by the delegation in accordance with any conditions stated in the order concerned under this section.

(3) The Minister may by order amend or revoke an order under this section including an order under this subsection.

220. Delegation of functions of Board

220. (1) The Board may by instrument in writing delegate to the Director any or all of the Board’s functions under this Act except section 3(2), this subsection and subsection (4).

(2) Subject to subsection (3), where a delegation is made under subsection (1)—

(a) a function delegated by the delegation shall be performed by the Director in his or her own name but subject to the general superintendence and control of the Board,

(b) subject to paragraph (a) and subsection (4), the delegation shall operate, so long as it continues in force, to confer on and vest in the Director each function delegated by the delegation,

(c) a function delegated by the delegation shall be performed by the Director subject to any conditions stated in the instrument concerned under this section,

(d) any obligation or liability undertaken by the Director consequent upon the performance by the Director of a function to which the delegation relates shall be of the same force and effect as if the obligation or liability, as the case may be, had been undertaken by the Board,

(e) a function of the Board delegated by the delegation shall, notwithstanding the delegation, continue to be vested in the Board but shall be so vested concurrently with the Director so as to be capable of being performed by either the Board or the Director, and

(f) the Director shall, by virtue of this paragraph and notwithstanding any other enactment, have the power to perform each function delegated by the delegation in accordance with any conditions stated in the instrument concerned under this section.

(3) Where a delegation is made under subsection (1) and the instrument concerned under this section expressly so permits, the Director may, by notice in writing, appoint a person to perform a function delegated by the delegation in accordance with such conditions (if any) as are specified in the notice.

(4) The Board may by instrument in writing amend or revoke an instrument under this section made by the Board including an instrument under this subsection.

(5) In this section, “function” includes a function under this Act of the Board as a recipient of information.

221. Ways of giving notice, etc.

221. (1) Without prejudice to the generality of paragraphs (c) and (d) of the definition of “owner” in section 2(1), a notice that is required to be given to a person under this Act shall be addressed to the person concerned by name, and may be so given to the person in one (or more than one) of the following ways:

(a) by delivering it to the person;

(b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address;

(c) by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address;

(d) by electronic means, in a case in which the person has given notice in writing to the person giving the notice concerned of his or her consent to the notice (or notices of a class to which the notice belongs) being served on, or given to him or her, in that manner.

(2) Where the name of a particular person referred to in subsection (1) cannot be ascertained after reasonable efforts to ascertain such name have been unsuccessful, a notice that is required under this Act to be given to the person may be addressed to “the occupier”, “the owner” or “the person in charge”, as the case requires.

(3) A notice given under subsection (1) shall be deemed to have been received by the person—

(a) in the case of prepaid registered post, or other recorded delivery, on the third working day after the day on which it was so sent,

(b) in the case of electronic mail, when the sender’s facility for the reception of electronic mail generates a message confirming the receipt of the electronic mail, and

(c) in the case of a facsimile machine, when the sender’s facsimile machine generates a message confirming the successful transmission of the total number of pages of the notice.

(4) For the purposes of this section, a company shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body of persons shall be deemed to be ordinarily resident at its principal office or place of business.

(5) In this section, “notice” includes any other document that is required to be given to a person under this Act.

222. Minister and notices, etc., under this Act

222. A provision of this Act which requires the Minister to give a notice or other document to the owner of land or a chattel shall not apply—

(a) if the Minister is the sole owner of the land or chattel or if the land or chattel is in the guardianship of the Minister pursuant to a provision of this Act, or

(b) to the extent that the Minister is the owner of the land or chattel or to the extent that the land or chattel is in the guardianship of the Minister pursuant to a provision of this Act.

223. Power to specify form of documents

223. (1) Subject to sections 13(5), 27(3), 101(5) and 157(1) (but without prejudice to the generality of the relevant authority’s power under this subsection), the relevant authority may specify the form of documents required for the purposes of this Act as he or she thinks appropriate.

(2) (a) The relevant authority’s power under subsection (1) may be exercised in such a way as to specify 2 or more forms of any document (whether in paper or electronic form or both) referred to in that subsection, whether as alternatives, or to provide for particular circumstances or particular cases, as the relevant authority thinks appropriate.

(b) Without prejudice to the generality of paragraph (a), as the relevant authority thinks fit, his or her power under subsection (1) may be exercised in such a way as to specify one form for the purposes of 2 or more applications which may be made under this Act.

(3) The form of a document specified under this section shall be—

(a) completed in accordance with such directions and instructions as are specified in the document,

(b) accompanied by such other documents (including a statutory declaration) as are specified in the document, and

(i) the relevant authority,

(ii) another person on behalf of the relevant authority, or

(iii) any other person,

so provided in the manner (if any) specified in the document.

(4) In this section, “relevant authority” means—

(a) subject to paragraphs (b) and (c), the Minister,

(b) in the case of the specified form referred to in section 101(4)(a) or section 114(1) or (4)(a), the Board, and

(c) in the case of the specified form referred to in section 150(1) or (3) or 157(1), the licensing authority (within the meaning of section 149) concerned.

224. Revocation of certain old authorisations - transitional

224. The following old authorisations shall be deemed to be revoked on the 2nd anniversary of the commencement of section 7:

(a) a consent granted under section 2(3)(b) of the Act of 1987;

(b) a licence granted under section 3(5)(d)(ii) of the Act of 1987.

225. Review of operation of Act

225. (1) The Minister shall, not later than three years after the enactment of this Act, carry out a review of the operation of this Act and thereafter carry out further such reviews so that the interval between any two successive reviews is not greater than five years.

(2) The Minister may consult with such persons as he or she considers appropriate in carrying out a review.

(3) The Minister shall, upon the completion of the carrying out of a review, make a report thereon and—

(a) lay the report before each House of the Oireachtas, and

(b) publish the report in such manner as he or she considers appropriate.

PART 12 Consequential Amendments to Other Enactments

226. Amendment of section 26 of Act of 1869

226. Section 26 of the Act of 1869 is amended, in subsection (2), by the substitution of “Subject to section 66(2) of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023,where any church” for “Where any church”.

227. Amendment of section 7 of Tourist Traffic Act 1952

227. Section 7 of the Tourist Traffic Act 1952 is amended by the substitution of the following subsection for subsection (2):

“(2) The Board shall not exercise its powers under this section in relation to—

(a) a national monument within the meaning of section 74 of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023, or

(b) a monument (within the meaning of section 2 of that Act) in the course of becoming such national monument.”.

228. Amendment of section 270 of Defence Act 1954

228. Section 270 of the Defence Act 1954 is amended, in subsection (2), by the substitution of the following paragraph for paragraph (d):

“(d) the interference with any monument within the meaning of section 2 of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023, or with any picturesque or valuable timber or other national features of exceptional interest or beauty.”.

229. Saving for monuments - sanitary services

229. The Local Government (Sanitary Services) Act 1964 is amended by the substitution of the following section for section 20:

“20. Nothing in this Act shall restrict, prejudice or affect the functions of the Minister for Housing, Local Government and Heritage, the Commissioners of Public Works in Ireland or a local authority under the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 in relation to a national monument within the meaning of section 74 of that Act.”.

230. Saving for monuments - derelict sites

230. The Derelict Sites Act 1990 is amended by the substitution of the following section for section 33:

“33. Nothing in this Act shall restrict, prejudice or affect the functions of the Minister for Housing, Local Government and Heritage, the Commissioners of Public Works in Ireland or a local authority under the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 in relation to a national monument within the meaning of section 74 of that Act.”.

231. Amendment of section 49 of Act of 1993

231. Section 49 of the Act of 1993 is amended by the substitution of the following subsection for subsection (6):

“(6) This section shall not apply to a wreck which is a monument within the meaning of section 2 of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023.”.

232. Amendment of Heritage Act 1995

232. The Heritage Act 1995 is amended—

(a) in section 2(1)—

(i) by the substitution of the following definition for the definition of “archaeological object”:

“‘archaeological object’ has the meaning assigned to it by section 2 of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023;”,

(ii) by the substitution of the following definition for the definition of “archaeology”:

“‘archaeology’ has the meaning assigned to it by section 2 of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023;”,

(iii) by the substitution of the following definition for the definition of “monument”;

“‘monument’ has the meaning assigned to it by section 2 of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023;”,

and

(iv) by the substitution of the following definition for the definition of “wreck”:

“‘wreck’ has the meaning assigned to it by section 2 of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023.”,

and

(b) in section 6—

(i) in subsection (1), by the insertion of “relevant things of a relevant interest (within the meaning of section 2 of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023)” after “including”, and

(ii) in subsection (2), by the deletion of “the National Monuments Advisory Council, the Historic Monuments Council or”.

233. Amendment of section 1 of Occupiers’ Liability Act 1995

233. Section 1 of the Occupiers’ Liability Act 1995 is amended, in subsection (1), in the definition of “recreational user”, by the substitution of “within the meaning of section 74 of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023” for “pursuant to section 16(1) of the National Monuments Act, 1930”.

234. Amendment of Act of 1997

234. The Act of 1997 is amended—

(a) in section 2, in subsection (1), by the substitution of the following definition for the definition of “archaeological object”:

“‘archaeological object’ has the meaning assigned to it by section 2 of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023;”,

and

(b) in section 29, in subsection (3)(b)(i), by the substitution of “Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023” for “National Monuments Acts 1930 to 1994 ”.

235. Amendment of Act of 2000

235. The Act of 2000 is amended—

(a) by the substitution of the following section for section 260:

“Saving for monuments

260. Nothing in this Act shall restrict, prejudice or affect—

(a) the functions of the Minister for Housing, Local Government and Heritage under the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 in relation to a national monument within the meaning of section 74 of that Act, or

(b) the functions of the Commissioners under the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 in relation to such a monument.”,

and

(b) in the Fourth Schedule, by the substitution of the following paragraph for paragraph 12:

“12. The proposed development would injure, interfere with or adversely affect a registered monument within the meaning of section 2 of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023.”.

236. Amendment of Schedule 4 to Valuation Act 2001

236. Schedule 4 to the Valuation Act 2001 is amended, in paragraph 11, by the substitution of “monument (within the meaning of section 2 of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023)” for “national monument”.

237. Amendment of Act of 2001

237. The Act of 2001 is amended—

(a) in Schedule 12, in Part 1, by the substitution of “Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023” for “National Monuments Acts 1930 to 2004 ”, and

(b) in Schedule 14A, by the substitution of the following for reference No. 40:

“

”.

238. Amendment of Maritime Safety Act 2005

238. The Maritime Safety Act 2005 is amended—

(a) in section 5, by the deletion of the definition of “National Monuments Acts”,

(b) in section 6, in subsection (1)(i)(III)(B), by the substitution of “Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023” for “National Monuments Acts”,

(c) in section 8, in subsection (1)(c)(ii), by the substitution of “Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023” for “National Monuments Acts”,

(d) in section 9, in subsection (1), by the substitution of “Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023” for “National Monuments Acts” in each place that it occurs, and

(e) in section 38, in subsection (1)(d), by the substitution of “Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023” for “National Monuments Acts 1930 to 2004 ”.

239. Amendment of section 29 of Disability Act 2005

239. Section 29 of the Disability Act 2005 is amended, in subsection (3), in the definition of “heritage site”, in paragraph (a), by the substitution of “section 2 of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023” for “the National Monuments Acts 1930 to 2004”.

240. Amendment of section 28 of Prisons Act 2007

240. Section 28 of the Prisons Act 2007 is amended—

(a) in subsection (1), by the substitution of the following paragraph for paragraph (c):

“(c) subject to subsections (2) and (3), shall not require a new authorisation within the meaning of section 2 of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 (other than a licence referred to in section 116 of that Act) or any other authorisation.”,

and

(b) in subsection (3), by the substitution of “prescribed monument within the meaning of section 2 of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023” for “national monument within the meaning of the said Acts 1930 to 2004”.

241. Amendment of section 4 of Environment (Miscellaneous Provisions) Act 2011

241. Section 4(4) of the Environment (Miscellaneous Provisions) Act 2011 is amended—

(a) in paragraph (o), by the deletion of “and” last occurring,

(b) in paragraph (p), by the deletion of “regulations.” and the substitution of “regulations, and”, and

“(q) a licence granted under section 151 of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023.”.

242. Amendment of section 19 of Forestry Act 2014

242. Section 19 of the Forestry Act 2014 is amended, in subsection (2), by the substitution of the following paragraph for paragraph (d):

“(d) within a registered monument within the meaning of section 2 of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023,”.

243. Amendment of section 202 of Minerals Development Act 2017

243. Section 202 of the Minerals Development Act 2017 is amended, in subsection (2)(b), by the substitution of the following subparagraph for subparagraph (vii):

“(vii) monuments (within the meaning of section 2 of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023);”.

PART 13 Miscellaneous amendments

Chapter 1

244. Amendment of section 1E of Foreshore Act 1933

244. Section 1E of the Foreshore Act 1933, as amended by section 175 of the Maritime Area Planning Act 2021, is amended—

(a) in subsection (5)(a), by the substitution of “Subject to subsection (3), the relevant Minister” for “The relevant Minister”,

(b) by the insertion of the following subsections after subsection (5):

“(5A) (a) Subject to paragraph (c), the MARA may, at its discretion and whether of its own initiative or at the request of the relevant Minister or the applicant under section 3 concerned, treat a relevant application (F) as a relevant application (M) if it is satisfied that it has received all the information that would be required under the Act of 2021 if the relevant application (F) were a relevant application (M) and, in any such case, the provisions of the Act of 2021 (including section 117(3) of that Act) shall, with all necessary modifications, apply to the relevant application (F) so treated.

(b) Where, pursuant to paragraph (a), the MARA is treating a relevant application (F) as a relevant application (M), the MARA may adopt any determination that has been made, before that treatment, under the European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011) in respect of the relevant application (F).

(c) Paragraph (a) shall not apply to a relevant application (F) made before the applicable date where the MARA is satisfied that—

(i) a material change is being sought to the application by the applicant, or

(ii) material information provided in, or accompanying, the application was submitted more than 2 years before the applicable date.

(5B) The MARA may, if it thinks it appropriate to do so, give reasons for any decision by it to decline to treat a relevant application (F) as a relevant application (M) and, in any such case, those reasons may form the basis of consultations between the relevant Minister and the applicant under section 3 concerned as to the appropriate course of action to be taken with regard to the relevant application (F).”,

and

“‘applicable date’ means the date of commencement of section 244 of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023;

‘relevant application (F)’ means an application under section 3 for the grant of a licence;

‘relevant application (M)’ means a licence application within the meaning of the Act of 2021.”.

Chapter 2

245. The Lough Corrib Navigation Act 1945 is amended by the insertion of the following sections after section 16:

“Certain powers of Board of Trustees

16A. (1) The Board of Trustees have power to acquire, hold, manage, maintain, mortgage, charge, lease, licence and dispose of land or an interest in land.

(2) The Board of Trustees may prepare a scheme for the establishment of a system of tolls, quayage, wharfage and licensing in relation to the Navigation.

(3) The Board of Trustees may delegate the performance of any of their functions (other than their functions under subsection (1) or (2)) to the chief executive of—

(a) Galway City Council,

(b) Galway County Council, or

Power of Board of Trustees to carry out works in relation to Navigation and to enter land

16B. (1) (a) The Board of Trustees may for the purposes of the performance of their functions—

(i) enter on any land and carry out on the land work in relation to the Navigation or property held by them for the purpose of the Navigation,

(ii) enter on any land and occupy it or otherwise make use of it for the purpose of carrying out work on other land in relation to the Navigation or property referred to in subparagraph (i), or

(iii) enter on any land for the purpose of gaining access to, inspecting or surveying the Navigation, property referred to in subparagraph (i) or other land referred to in subparagraph (ii),

and do on any such land all such other things as are, in their opinion, ancillary or reasonably necessary for the performance of their functions.

(b) Subject to subsection (2), not less than 14 days before exercising any power under paragraph (a) (other than subparagraph (iii) of that paragraph), the Board of Trustees shall give to any owner or occupier of the land concerned whose identity and whereabouts can be ascertained by the Board of Trustees by the taking of reasonable steps a notice in writing stating their intention to enter on the land and the purposes for which the entry is intended to be made and specifying the other powers of the Board of Trustees proposed to be exercised.

(c) A person to whom a notice has been given under this subsection may, not later than 14 days after the giving of the notice, apply, on notice to the Board of Trustees, to the judge of the District Court having jurisdiction in the District Court district in which the land the subject of the notice is situated for an order prohibiting the entry and, upon the hearing of the application, the judge may, if he or she so thinks proper, prohibit the entry or specify conditions to be complied with by the person making the entry.

(d) Where a judge of the District Court prohibits under this subsection a proposed entry on land, it shall not be lawful for any person to enter on the land under paragraph (a).

(e) Where a judge of the District Court specifies under this subsection conditions to be complied with by a person entering on land under paragraph (a), every person who enters on the land under that paragraph shall comply with the conditions so specified.

(2) (a) Where, in the opinion of the Board of Trustees—

(i) the exercise of a power conferred on them by subsection (1) is urgently required for the purpose of preventing or minimising injury, loss or damage to persons or property, and

(ii) it is not reasonably practicable to comply, in relation to such exercise, with paragraph (b) of that subsection,

the Board of Trustees may exercise the power without having complied, in relation to such exercise, with that paragraph.

(b) Subject to paragraph (c), before exercising a power by virtue of paragraph (a), the Board of Trustees shall give to any owner or occupier of the land whose identity and whereabouts can be ascertained by the Board of Trustees by the taking of reasonable steps a notice in writing of their intention to enter on the land, of the purposes for which the entry is intended to be made and of the other powers of the Board of Trustees proposed to be exercised.

(c) Where, in the opinion of the Board of Trustees, it is not reasonably practicable to comply with paragraph (b), the Board of Trustees may exercise a power by the virtue of paragraph (a) without having complied therewith and, as soon as may be thereafter, shall give to any owner or occupier of the land concerned whose identity and whereabouts can be ascertained by the Board of Trustees by the taking of reasonable steps a notice in writing specifying the powers of the Board of Trustees exercised and the purposes of such exercise.

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Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023

176. Offences - regulations

177. Offences - bye-laws

178. Continuing offences

179. Offences by bodies corporate

180. Inferences from failure or refusal to account for detection device

Chapter 3

181. Defence for relevant offences

182. Defence in respect of offences committed at sea or on water

183. Defence that act was carried out to protect or record elements of archaeological, architectural or historic heritage in immediate danger of destruction

184. Defence that person was acting as servant or agent

185. Defence in relation to finding of prescribed monuments

186. Defence in relation to relevant works

187. Defence in relation to finding of archaeological objects

Chapter 4

188. General powers of officers, servants and agents, etc., of relevant authority

Chapter 5

189. Powers of Minister in respect of inspections

190. Powers of Board in respect of inspections

Chapter 6

191. Construction of Chapters 4 and 5

192. Signage

Chapter 7

193. Definitions - Chapter 7

194. High Court’s and Circuit Court’s jurisdiction under this Chapter

195. Issue of enforcement notices

196. Application for cancellation of direction specified in enforcement notice

197. Injunctions

198. Burden of proof

199. Other provisions of this Part not prejudiced

200. Rules of court

Chapter 8

201. Powers under this Chapter are additional to other powers

202. Definition - Chapter 8

203. Powers of arrest, search and seizure of relevant bodies

204. Provisions supplementary to section 203

Chapter 9

205. Inferences, evidential burdens and onuses of proof arising in certain circumstances

206. Evidentiary presumptions

207. Vicarious liability

208. Procedural provisions applicable in case of offence involving sea or sea bed or land covered by water

209. Summary proceedings

210. Time limit for offences that may only be brought by summary proceedings

Chapter 10

211. Costs of prosecutions and applications for injunctions

212. Recovery of debts

Chapter 11

213. Interpretation - Chapter 11

214. Codes of practice

215. Admissibility of codes of practice

Chapter 12

216. Taking possession of objects, etc., being held or treated, etc., in a manner in contravention of this Act, etc.

217. Minister may require certain information regarding title to lands

PART 11 Miscellaneous

218. Sharing of information

219. Delegation of functions under section 77(1) of Minister

220. Delegation of functions of Board

221. Ways of giving notice, etc.

222. Minister and notices, etc., under this Act

223. Power to specify form of documents

224. Revocation of certain old authorisations - transitional

225. Review of operation of Act

PART 12 Consequential Amendments to Other Enactments

226. Amendment of section 26 of Act of 1869

227. Amendment of section 7 of Tourist Traffic Act 1952

228. Amendment of section 270 of Defence Act 1954

229. Saving for monuments - sanitary services

230. Saving for monuments - derelict sites

231. Amendment of section 49 of Act of 1993

232. Amendment of Heritage Act 1995

233. Amendment of section 1 of Occupiers’ Liability Act 1995

234. Amendment of Act of 1997

235. Amendment of Act of 2000

236. Amendment of Schedule 4 to Valuation Act 2001

237. Amendment of Act of 2001

238. Amendment of Maritime Safety Act 2005

239. Amendment of section 29 of Disability Act 2005

240. Amendment of section 28 of Prisons Act 2007

241. Amendment of section 4 of Environment (Miscellaneous Provisions) Act 2011

242. Amendment of section 19 of Forestry Act 2014