IE
(LRC Revised)
Statutory Text (1 Articles)
Number 26 of 2023
HISTORIC AND ARCHAEOLOGICAL HERITAGE AND MISCELLANEOUS PROVISIONS ACT 2023
REVISED
Updated to 31 December 2025
Changes to legislation
as of 10 July 2026, this Act is up to date with all changes known to be in force.
This Revised Act is an
administrative consolidation of the
Historic and Archaeological Heritage and
Miscellaneous Provisions Act 2023
. It is prepared by the Law Reform Commission in
accordance with its function under the
Law Reform Commission Act 1975
(3/1975) to
keep the law under review and to undertake revision and consolidation of statute
law.
All Acts up to and including the
National Training Fund (Amendment) Act 2025
(21/2025), enacted 23 December 2025, and all statutory instruments up to and including
the
European Union (Restrictive Measures concerning Iraq) Regulations 2026
(S.I. No. 1 of 2026), made 6 January 2026, were considered in the preparation of
this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act,
the Law Reform Commission can assume no responsibility for and give no guarantees,
undertakings or warranties concerning the accuracy, completeness or up to date nature
of the information provided and does not accept any liability whatsoever arising from
any errors or omissions. Please notify any errors, omissions and comments by email
to
revisedacts@lawreform.ie.
Number
26
of
2023
HISTORIC AND ARCHAEOLOGICAL
HERITAGE AND MISCELLANEOUS PROVISIONS ACT 2023
REVISED
Updated to
31 December 2025
CONTENTS
PART 1
Preliminary and General
Section
1. Short title and commencement
2. Interpretation - general
3. Performance of functions
4. Application
5. Regulations, etc.
6. Expenses and other financial matters
7. Repeals
PART 2
Monuments
Chapter 1
Interpretation and identity and whereabouts of owner of land, etc.
8. Interpretation - Part 2 and Schedule 2
9. Circumstances in which owner of land is given notice by publication of notice in
national newspaper
10. Identity and whereabouts of owner of land
11. Provisions supplementary to section 10
Chapter 2
Prescribed monuments
12. Prescribed monuments
13. Requirement to report finding of prescribed monument
Chapter 3
Establishment of Register of Monuments and related provisions
14. Establishment of Register of Monuments
15. Provisions supplementary to section 14
16. Matters to be taken into account by Minister in performing any function under
section 14 or 15
17. Minister may amend or delete particulars entered in Register, etc.
18. Promotion of public awareness of Register
Chapter 4
Register actions and consultation on potential Register actions
19. Register actions
20. Minister’s discretion to apply special protection to Register action monument
21. General protection to be applied to all registered monuments, etc., to which special
protection is not applied
22. Requirements, etc., regarding consultation on special protection
23. Consultation on entering particulars of potential Register action monument in
Register where no special protection is intended to be applied to monument
Chapter 5
Special protection for certain registered monuments
24. Special protection applied to registered monuments in ownership or guardianship
of Minister or local authority
Chapter 6
Works at, etc., monuments
25. Interpretation - Chapter 6
26. Application - Chapter 6
27. General protection and relevant works
28. Attachment of conditions to certain relevant works
29. Exemption of certain relevant works from section 27
30. Special protection and relevant works
31. Exemption of certain relevant works from section 30
32. Application for screening for EIA
33. Determination of application for screening for EIA
34. Relevant works at, etc., relevant monument to be subject to EIA
35. Submissions on EIAR may be made to Minister
36. Minister’s consideration of EIAR and power to require further action by applicant for relevant
licence
37. Carrying out of EIA by Minister, etc., and grant or refusal to grant relevant
licence
38. Relevant works which may affect environment in another Transboundary State
39. Public notice of Minister’s decision to grant or refuse to grant relevant licence
40. Exemption from requirements of sections 32 to 39 or 34 to 39
41. Judicial review
Chapter 7
Works carried out at registered monument, etc.
42. Works carried out at registered monument, etc.
Chapter 8
Provisions applicable to monuments to which general or special protection applies
43. Restriction on export of Chapter 8 monument
44. Protection of removed part of Chapter 8 monument
45. Application of the Local Government (Sanitary Services) Act 1964 to monument
46. Registration as burden affecting registered land and related matters
47. Transfer by public authority or local authority of registered monument
Chapter 9
Transitional provisions relating to Register of Historic Monuments and record of monuments
and places, etc.
48. Transitional provisions applicable to Register of Historic Monuments and record
of monuments and places
49. Transitional provisions applicable to certain national monuments
50. Transitional provisions applicable to restricted areas
Chapter 10
Acquisition of registered monument
51. Acquisition of registered monument by Minister or local authority
Chapter 11
Transitional provisions applicable to registered monuments in ownership of Minister
or local authority
52. Interpretation - Chapter 11
53. Transitional provisions applicable to certain churches, ecclesiastical buildings
or other structures
54. Transitional provisions applicable to certain ancient monuments purchased pursuant
to section 3 of Act of 1882
55. Transitional provisions applicable to certain ancient monuments gifted, etc.,
to Commissioners
56. Transitional provisions applicable to certain ancient monuments vested in the
Commissioners, etc.
57. Transitional provisions applicable to certain ancient monuments vested in council
of county
58. Transitional provisions applicable to certain national monuments acquired by Commissioners,
etc.
59. Transitional provisions applicable to certain national monuments gifted, etc.,
to Commissioners, etc.
60. Transitional provisions applicable to national monuments conveyed or devised by
Commissioners, etc., to local authority
61. Provisions supplementary to sections 53 to 60
Chapter 12
Transfer of ownership of certain national monuments
62. Minister, etc., may transfer ownership of national monuments owned by Minister,
etc.
Chapter 13
Burial grounds
63. Definitions - Chapter 13
64. Transitional provisions applicable to certain burial grounds originally vested
in guardians of poor law union or burial board
65. Minister’s power to vest certain burial grounds in Minister or local authority
66. Provisions supplementary to sections 64 and 65
Chapter 14
Guardianship of certain registered monuments
67. Guardianship of certain registered monuments by Minister or local authority
Chapter 15
Transitional provisions applicable to guardianship of registered monuments
68. Definition - Chapter 15
69. Transitional provisions applicable to certain national monuments subject to order
under section 9(2) of Act of 1930
70. Transitional provisions applicable to certain ancient monuments subject to order
under section 15 of Act of 1925
71. Transitional provisions applicable to certain national monuments subject to certain
deeds
72. Provisions supplementary to section 71
Chapter 16
Provisions applicable to registered monuments in ownership or guardianship of Minister
or local authority (national monuments)
73. Application of Chapter 16
74. Definitions - Chapter 16
75. Maintenance and presentation of national monuments
76. Powers of certain officers
77. Grant of lease or licence in respect of national monument
78. Construction of functions conferred on relevant authority by this Chapter
Chapter 17
Provisions supplementary to Chapter 16
79. Definitions - Chapter 17
80. Functions of Commissioners in respect of national monuments (M)
81. Protection of national monuments and members of public
82. Matters on which bye-laws may be made under section 81
83. Provisions supplementary to sections 81 and 82
84. Display of bye-laws, etc.
85. Powers of authorised officers
Chapter 18
Fixed payment notices
86. Definitions - Chapter 18
87. Authorised officers
88. Fixed payment notice for relevant offence
Chapter 19
Enforcement of easements and covenants, etc.
89. Enforcement of easements and covenants, etc.
PART 3
Measures to assist in implementing 1972 convention concerning protection of world
cultural and natural heritage
90. Interpretation
91. World Heritage Property in State
92. Competent authority
93. Consultation
94. Savings
PART 4
Archaeological Objects
Chapter 1
Definitions
95. Definitions - Part 4
Chapter 2
Ownership and disposal of archaeological objects
96. State ownership of archaeological objects with no known owner, etc.
97. Disapplication of Statute of Limitations 1957, etc.
98. Acquisition of archaeological object by Minister
99. Disposal of archaeological object
100. Supplementary provisions
Chapter 3
Finding of archaeological objects
101. Requirement to report finding of archaeological object
102. Safekeeping of thing to which section 101 applies
103. Prohibition against interfering, etc., with relevant archaeological object, etc.
104. Safekeeping of relevant archaeological objects
105. Actions that may be taken by Board in respect of relevant archaeological object
106. Provisions supplementary to sections 101 to 105
Chapter 4
Placing of archaeological objects in designated museums
107. Designation of museums to which Chapter 4 applies
108. Placing of archaeological object in designated museum
109. Transfer of archaeological object placed in designated museum
110. Minister may prescribe standards to be complied with in respect of archaeological
objects placed in designated museum
111. Savings
Chapter 5
Payment of rewards
112. Payment of rewards in respect of finds of relevant archaeological objects
Chapter 6
Possession and disposal of archaeological objects by person other than Board, etc.
113. Possession of archaeological objects by person other than Board, etc.
114. Disposal or acquisition of archaeological objects by person other than Board,
etc.
Chapter 7
Duties of coroners in respect of reports of human remains
115. Duties of coroners in respect of reports of human remains which are also archaeological
objects
Chapter 8
Alteration of archaeological object
116. Alteration of archaeological object
Chapter 9
Acceptance into the law of the State of rules established under the UNIDROIT Convention
on Stolen or Illegally Exported Cultural Objects
117. Interpretation - Chapter 9
118. Circuit Court’s jurisdiction under this Chapter
119. Convention to have effect in State
120. Bringing of claims, time limits for claims and determination of claims
121. Possessor of stolen or illegally exported cultural object and compensation
122. Provisions supplementary to sections 120 and 121
123. Interim and interlocutory orders
124. Rules of court
Chapter 10
Measures to assist the State in ratifying UNESCO Convention on the Means of Prohibiting
and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property
1970
125. Definitions - Chapter 10
126. Minister shall prescribe cultural property for purposes of Convention
127. Minister may prescribe requirements for certification of exports of cultural
property
128. Prohibition of import of certain categories of stolen cultural property
129. Prohibition of possession of, or dealing in, certain categories of cultural property
130. Regulations regarding sale of cultural property
Chapter 11
Passing of title to archaeological and historic objects, etc., obtained through dishonesty
131. Non-application of market overt rule and rule relating to sale under voidable
title in certain cases
PART 5
Wrecks and other Elements of Underwater Cultural Heritage
Chapter 1
State ownership of certain wrecks and restriction of salvage claims,
etc.
132. Definitions - Chapter 1
133. Application of Chapter 2 of Part 4, section 112 and Schedule 4 to relevant wrecks
134. Salvage payments
135. Special protection to be applied to relevant wrecks, etc.
136. Prohibited activities in vicinity, etc., of relevant wreck, etc.
Chapter 2
Measures to enable the State to ratify the 2001 UNESCO Convention on
the Protection of the Underwater Cultural Heritage
137. Interpretation - Chapter 2
138. Carrying out by relevant persons of activities directed at underwater cultural
heritage beyond the limits of territorial seas
139. Reporting of discovery of underwater cultural heritage or intention to engage
in activities directed at underwater cultural heritage in exclusive economic zone
of State, etc.
140. Protection of underwater cultural heritage in exclusive economic zone of State,
etc.
141. Protection of underwater cultural heritage in exclusive economic zone of state
party, etc.
142. Reporting of discovery of underwater cultural heritage or intention to engage
in activities directed at underwater cultural heritage in the Area
143. Protection of underwater cultural heritage in the Area
144. Powers of Minister where State is Coordinating State under Article 10 or 12 of
UNESCO Convention
145. Provisions supplementary to section 144
146. Provisions relating to acceptance by relevant person of grant by state party
of authorisation under Article 10 or 12 of UNESCO Convention
147. Restriction on import of underwater cultural heritage
PART 6
Other Activities Licensable under this Act and Related Matters
148. Other activities licensable under this Act and related matters
PART 7
Licences
Chapter 1
Interpretation
149. Interpretation - Part 7
Chapter 2
Applications for licence and grant, refusal, revocation or suspension of licence
150. Application for licence
151. Grant or refusal of licence, etc.
152. Assessment of competence
153. Consultation
154. Revocation or suspension, etc., of licence
Chapter 3
Assignment of licence
155. Assignment of licence
Chapter 4
Appeals
156. Appeals officers
157. Appeals
PART 8
Inventories, Records and Research, Publication and Promotion of Public Knowledge and
Awareness
Chapter 1
Inventories
158. Inventories
Chapter 2
Records
159. Protection of records in certain circumstances
Chapter 3
Research, publication and promotion of knowledge and awareness
160. Definitions - Chapter 3
161. Research and promotion of knowledge, interest and awareness
162. Publication
163. Provision of assistance by relevant authority
164. Assistance may be subject to conditions
165. Copyright and related matters
PART 9
Issuing of Guidelines and Matters Relating to Historic Heritage
166. Guidelines for EIAs
167. Guidelines for local authorities
168. Co-ordination and development of public policy on historic heritage
169. Promotion of best practice in relevant disciplines and professions
170. Promotion of protection of historic heritage by public authorities
171. Public authority and local authority to have regard to historic heritage
PART 10
Implementation and Enforcement
Chapter 1
General prohibitions
172. False or misleading statements, etc.
173. Knowingly supplying equipment, machinery or vehicles for use in offence under
this Act
174. Obstruction
Chapter 2
Offences
175. Offences - general
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
Defences
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
General powers of officers, servants and agents, etc.
188. General powers of officers, servants and agents, etc., of relevant authority
Chapter 5
Inspections
189. Powers of Minister in respect of inspections
190. Powers of Board in respect of inspections
Chapter 6
Provision supplementary to Chapters 4 and 5
191. Construction of Chapters 4 and 5
192. Signage
Chapter 7
Enforcement notices
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
Arrest, search and seizure powers
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
Evidentiary and procedural matters
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
Costs of prosecutions and civil proceedings and recovery of debts
211. Costs of prosecutions and applications for injunctions
212. Recovery of debts
Chapter 11
Codes of practice
213. Interpretation - Chapter 11
214. Codes of practice
215. Admissibility of codes of practice
Chapter 12
Miscellaneous
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
243. Amendment of section 202 of Minerals Development Act 2017
PART 13
Miscellaneous amendments
Chapter 1
Amendment of Foreshore Act 1933
244. Amendment of section 1E of Foreshore Act 1933
Chapter 2
Amendment of Lough Corrib Navigation Act 1945
245. Amendment of Lough Corrib Navigation Act 1945 - insertion of sections 16A and
16B
Chapter 3
Amendment of Planning and Development Act 2000
246. Amendment of section 182A of Act of 2000
247. Disapplication of section 182A of Act of 2000
248. Disapplication of Chapters II and III of Part XXI of Act of 2000
249. Amendment of section 280 of Act of 2000
250. Amendment of section 281 of Act of 2000
251. Amendment of section 285 of Act of 2000
252. Amendment of section 286 of Act of 2000
253. Amendment of section 287 of Act of 2000
Chapter 4
Amendment of Wildlife (Amendment) Act 2000 and Wildlife (Amendment) Act 2023
254. Amendment of section 18A of Wildlife (Amendment) Act 2000
255. Amendment of section 7 of Wildlife (Amendment) Act 2023
Chapter 5
Amendment of Valuation Act 2001
256. Definition
257. Amendment of section 28 of Act of 2001
258. Amendment of section 38 of Act of 2001
259. Amendment of section 53 of Act of 2001
260. Amendment of section 56 of Act of 2001
Chapter 6
Amendment of Local Government Act 2001
261. Amendment of section 19A of Act of 2001
Chapter 7
Amendment of Local Government Rates and other Matters Act 2019
262. Definition
263. Rate to be levied on occupiers of relevant property
264. Rate book
265. Amendment of section 9 of Act of 2019
266. Amendment of section 10 of Act of 2019
267. Duty on person to notify local authority of ceasing to be or becoming liable
person, etc.
268. Amendment of section 12 of Act of 2019
269. Payment of rates on sale of property
270. Amendment of section 14 of Act of 2019
271. Amendment of section 17 of Act of 2019
272. Construction of sections 65 and 106 of Poor Relief (Ireland) Act 1838
273. Amendment of section 21 of Act of 2019
274. Amendment of Schedule to Act of 2019
Chapter 8
Amendment of Maritime Area Planning Act 2021
275. Definition
276. Amendment of section 3 of Act of 2021
277. Amendment of section 75 of Act of 2021
278. When MAC is required after grant of certain development permission
279. Amendment of section 76 of Act of 2021
280. When MAC is not required
281. Amendment of section 144 of Act of 2021
282. Disapplication of section 144(1)(a) or (b) of Act of 2021 in specified circumstances
SCHEDULE 1
Repeals
SCHEDULE 2
Compulsory Acquisition of Registered Monument under section 51
PART 1
Definitions
PART 2
Acquisition of Land by Minister
PART 3
Acquisition of Land by Local Authority
SCHEDULE 3
UNESCO Convention concerning Protection of the World Cultural and Natural Heritage
done in Paris on 23 November 1972
SCHEDULE 4
Compulsory Acquisition of Archaeological Object Under section 98
SCHEDULE 5
UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects done at Rome
on 24 June 1995
SCHEDULE 6
UNESCO Convention on Means of Prohibiting and Preventing the Illicit Import, Export
and Transfer of Ownership of Cultural Property done in Paris on 17 November 1970
SCHEDULE 7
UNESCO Convention on Protection of Underwater Cultural Heritage done in Paris on 6
November 2001
SCHEDULE 8
Statements which may be subject of certificate under section 206 - presumptions
Acts Referred to
Ancient Monuments Protection (Ireland) Act 1892 (55 & 56 Vict. c. 46)
Ancient Monuments Protection Act 1882 (45 & 46 Vict. c. 73)
Ancient Monuments Protection Act 1910 (1 Geo. V. c. 3)
Arbitration Act 2010
(No. 1)
Architectural Heritage (National Inventory) and Historic Monuments (Miscellaneous
Provisions) Act 1999
(No. 19)
Civil Service Regulation Act 1956
(No. 46)
Companies Act 2014
(No. 38)
Coroners Act 1962
(No. 9)
Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016
(No. 4)
Criminal Justice (Theft and Fraud Offences) Act 2001
(No. 50)
Criminal Justice Act 1951
(No. 2)
Criminal Law Act 1997
(No. 14)
Criminal Procedure Act 1967
(No. 12)
Defence Act 1954
(No. 18)
Derelict Sites Act 1990
(No. 14)
Disability Act 2005
(No. 14)
Environment (Miscellaneous Provisions) Act 2011
(No. 20)
Fines (Payment and Recovery) Act 2014
(No. 7)
Foreshore Act 1933
(No. 12)
Foreshore Acts 1933 to 2022
Forestry Act 2014
(No. 31)
Heritage Act 1995
(No. 4)
Holycross Abbey (County Tipperary) Act 1969
(No. 7)
Irish Church Act 1869
(32 & 33 Vict. c. 42)
Irish Church Act Amendment Act 1881
(44 & 45 Vict. c. 71)
Irish Land Act 1903
(3 Edw. 7 c. 37)
Irish Land Commission (Dissolution) Act 1992
(No. 25)
Land and Conveyancing Law Reform Act 2009
(No. 27)
Lands Clauses Acts
Legal Services Regulation Act 2015
(No. 65)
Local Government (Sanitary Services) Act 1964
(No. 29)
Local Government (Sanitary Services) Acts 1878 to 2001
Local Government Act 1946
(No. 24)
Local Government Act 1991
(No. 11)
Local Government Act 2001
(No. 37)
Local Government Acts 1925 to 2022
Local Government Rates and other Matters Act 2019
(No. 24)
Lough Corrib Navigation Act 1945
(No. 37)
Maritime Area Planning Act 2021
(No. 50)
Maritime Area Planning Acts 2021 and 2022
Maritime Jurisdiction Act 2021
(No. 28)
Maritime Safety Act 2005
(No. 11)
Mercantile Marine Act 1955
(No. 29)
Merchant Shipping (Registration of Ships) Act 2014
(No. 43)
Merchant Shipping (Salvage and Wreck) Act 1993
(No. 34)
Minerals Development Act 2017
(No. 23)
Ministers and Secretaries Act 1924
(No. 16)
Ministers and Secretaries Acts 1924 to 2017
National Archives Act 1986
(No. 11)
National Cultural Institutions Act 1997
(No. 11)
National Monuments (Amendment) Act 1954
(No. 37)
National Monuments (Amendment) Act 1987
(No. 17)
National Monuments (Amendment) Act 1994
(No. 17)
National Monuments (Amendment) Act 2004
(No. 22)
National Monuments Act 1930
(No. 2)
National Monuments Acts 1930 to 1994
National Monuments Acts 1930 to 2004
National Monuments Acts 1930 to 2014
Occupiers' Liability Act 1995
(No. 10)
Petty Sessions (Ireland) Act 1851
(14 & 15 Vict. c. 93)
Planning and Development Act 2000
(No. 30)
Planning and Development Acts 2000 to 2022
Police (Property) Act 1897
(60 & 61 Vict. c.30)
Poor Relief (Ireland) Act 1838
(1 & 2 Vict., c. 56)
Prisons Act 2007
(No. 10)
Prompt Payment of Accounts Act 1997
(No. 31)
Public Health (Ireland) Act 1878
(41 & 42 Vict. c. 52)
Registration of Title Act 1964
(No. 16)
Sale of Goods Act 1893
(56 & 57 Vict. c. 71)
Shannon Electricity Act 1925
(No. 26)
State Property Act 1954
(No. 25)
Statute of Limitations 1957
(No. 6)
Succession Act 1965
(No. 27)
Taxes Consolidation Act 1997
(No. 39)
Tourist Traffic Act 1952
(No. 15)
Valuation Act 2001
(No. 13)
Valuation Acts 2001 to 2020
Wildlife (Amendment) Act 2000
(No. 38)
Wildlife (Amendment) Act 2023
(No. 25)
Number
26
of
2023
HISTORIC AND ARCHAEOLOGICAL
HERITAGE AND MISCELLANEOUS PROVISIONS ACT 2023
REVISED
Updated to
31 December 2025
An Act to repeal the National Monuments Acts 1930 to 2014 and replace those Acts with
provisions for the protection of historic heritage, provisions for the protection
of archaeological heritage, provisions for the regulation of certain activities in
the interests of such protection and provisions enabling the State to ratify or accede
to certain international conventions which relate to such protection or regulation;
to give effect to the EIA Directive and the Habitats Directive in relation to the
carrying out of works at, on, in, under, to, or within the immediate surroundings
of monuments; to give further effect to the Valletta Convention; to consequentially
repeal or amend certain other enactments; to make miscellaneous amendments to the
Foreshore Act 1933
, the
Lough Corrib Navigation Act 1945
, the
Planning and Development Act 2000
, the
Wildlife (Amendment) Act 2000
, the
Valuation Act 2001
, the
Local Government Act 2001
, the
Environment (Miscellaneous Provisions) Act 2011
, the
Local Government Rates and other Matters Act 2019
, the
Maritime Area Planning Act 2021
and the
Wildlife (Amendment) Act 2023
; and to provide for related matters.
[13
th October
, 2023]
Be it enacted by the Oireachtas as follows
Annotations
Modifications (not altering
text)
C1
Functions transferred and
references to "Cathaoirleach" or "Cathaoirligh", "Leas-Chathaoirleach", "chief
executive" and "deputy chief executive" construed (16.05.2024) by
Local
Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024
(7/2024), ss. 10, 23, 25, 26, 28 and sch. 1 parts 1, 2, S.I. No. 207 of 2024.
Functions of Mayor
10.
(1) All functions
(other than functions conferred by or under an enactment specified in Part 1 of
Schedule 1) that, immediately before the vesting day, vested in the Cathaoirleach
of Limerick City and County Council shall, on and after that day, vest in the
Mayor.
(2) All functions (other than
functions conferred by or under an enactment specified in Part 2 of Schedule 1)
that, immediately before the vesting day, vested in the chief executive of
Limerick City and County Council shall, on and after that day, vest in the Mayor.
(3) From the vesting day, a
reference in any enactment (other than an enactment specified in Part 1 of
Schedule 1) to Cathaoirleach shall, in so far as the reference applies to the
Cathaoirleach of Limerick City and County Council, be construed as a reference to
the Mayor, or as including a reference to the Mayor, as the context requires.
(4) From the vesting day, a
reference in any enactment (other than an enactment specified in Part 2 of
Schedule 1) to chief executive shall, in so far as that reference applies to the
chief executive of Limerick City and County Council, be construed as a reference
to the Mayor, or as including a reference to the Mayor, as the context requires.
(5) This section shall apply
subject to the modifications of the Principal Act specified in Schedule 3.
...
Functions of Príomh
Chomhairleoir
23.
(1) All functions
conferred by or under an enactment specified in Part 1 of Schedule 1 that,
immediately before the vesting day, vested in the Cathaoirleach of Limerick City
and County Council shall, on and after that day, vest in the Príomh
Chomhairleoir.
(2) From the vesting day, a
reference in an enactment specified in Part 1 of Schedule 1 to Cathaoirleach or
Cathaoirligh shall, in so far as that reference applies to the Cathaoirleach of
Limerick City and County Council, be construed as a reference to the Príomh
Chomhairleoir, or as including a reference to the Príomh Chomhairleoir, as the
context may require.
(3) This section shall apply
subject to the modifications of the Principal Act specified in Schedule 3.
...
Functions of Leas-Phríomh
Chomhairleoir
25.
(1) All functions
conferred by or under any enactment that, immediately before the vesting day,
vested in the Leas-Chathaoirleach of Limerick City and County Council shall, on
and after that day, vest in the Leas-Phríomh Chomhairleoir.
(2) From the vesting day, a
reference in any enactment to Leas-Chathaoirleach shall, in so far as that
reference applies to the Leas-Chathaoirleach of Limerick City and County Council,
be construed as a reference to the Leas-Phríomh Chomhairleoir, or as including a
reference to the Leas-Phríomh Chomhairleoir, as the context may require.
(3) This section shall apply
subject to the modifications of the Principal Act specified in Schedule 3.
Director general
26.
(1) The chief executive
of Limerick City and County Council shall, on and after the vesting day, be known
as the director general of Limerick City and County Council and is in this Act
referred to as the “director general”.
(2) The person who, immediately
before the vesting day, was the chief executive of Limerick City and County
Council shall, on and after that day, continue in office and be referred to in
accordance with subsection (1).
(3) On and after the vesting day,
a reference in an enactment specified in Part 2 of Schedule 1 to chief executive
shall, in so far as that reference applies to the chief executive of Limerick City
and County Council, be construed as a reference to the director general, or as
including a reference to the director general, as the context may require.
(4) This section shall apply
subject to the modifications of the Principal Act specified in Schedule 3.
...
Deputy director general
28.
(1) On and after the
vesting day, a deputy chief executive appointed by the director general under
section 148 of the Principal Act shall be known as the deputy director general of
Limerick City and County Council and is, in this Act, referred to as the “deputy
director general”.
(2) The person who, immediately
before the vesting day, was the deputy chief executive of Limerick City and County
Council shall, on and after that day, continue in office and be referred to in
accordance with subsection (1).
(3) On and after the vesting day,
a reference in any enactment to deputy chief executive shall, in so far as the
reference applies to the deputy chief executive of Limerick City and County
Council, be construed as a reference to the deputy director general, or as
including a reference to the deputy director general, as the context may
require.
(4) This section shall apply
subject to the modifications of the Principal Act specified in Schedule 3.
...
SCHEDULE 1
PART 1
Enactments for Purposes of
Sections 10 and 23
Number and
Year
(1)
Provision
(2)
Extent of
Modification
(3)
No. 37 of 2001
Local Government Act 2001
Sections 11(5)(b), 11(8), 31(4)(a), 31(5), 31(7), 31(9), 31(11), 33,
34(2)(e), 36, 37, 38, 104(7)(a), 133(6)(a), 134(4)(b), 140(8), 141(1)(b),
141(4), 142(2)(a), 142(5)(f), 143(1), 147, 148, 158(3), 174(8),
178(2)(b), 178(5), 180(3)(a), 189(9), 190(9), 216(2)(a), 219(1) and
220(1); paragraphs 3(4), 4(2), 4(3), 6(1), 6(2), 6(3), 7(9), 10,
13(5)(e), 13(6) and 16(4)(c) of Schedule 10; paragraph 3 of Schedule
14.
PART 2
Enactments for Purposes of
Sections 10 and 26
Number and
Year
(1)
Short Title
(2)
Provision
(3)
...
...
...
No. 26 of 2023
Historic and Archaeological Heritage and
Miscellaneous Provisions Act 2023
Sections 87, 88 and 223; Parts 7 and 10.
...
...
...
Annotations
Modifications (not altering
text)
C1
Functions transferred and
references to "Cathaoirleach" or "Cathaoirligh", "Leas-Chathaoirleach", "chief
executive" and "deputy chief executive" construed (16.05.2024) by
Local
Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024
(7/2024), ss. 10, 23, 25, 26, 28 and sch. 1 parts 1, 2, S.I. No. 207 of 2024.
Functions of Mayor
10.
(1) All functions
(other than functions conferred by or under an enactment specified in Part 1 of
Schedule 1) that, immediately before the vesting day, vested in the Cathaoirleach
of Limerick City and County Council shall, on and after that day, vest in the
Mayor.
(2) All functions (other than
functions conferred by or under an enactment specified in Part 2 of Schedule 1)
that, immediately before the vesting day, vested in the chief executive of
Limerick City and County Council shall, on and after that day, vest in the Mayor.
(3) From the vesting day, a
reference in any enactment (other than an enactment specified in Part 1 of
Schedule 1) to Cathaoirleach shall, in so far as the reference applies to the
Cathaoirleach of Limerick City and County Council, be construed as a reference to
the Mayor, or as including a reference to the Mayor, as the context requires.
(4) From the vesting day, a
reference in any enactment (other than an enactment specified in Part 2 of
Schedule 1) to chief executive shall, in so far as that reference applies to the
chief executive of Limerick City and County Council, be construed as a reference
to the Mayor, or as including a reference to the Mayor, as the context requires.
(5) This section shall apply
subject to the modifications of the Principal Act specified in Schedule 3.
...
Functions of Príomh
Chomhairleoir
23.
(1) All functions
conferred by or under an enactment specified in Part 1 of Schedule 1 that,
immediately before the vesting day, vested in the Cathaoirleach of Limerick City
and County Council shall, on and after that day, vest in the Príomh
Chomhairleoir.
(2) From the vesting day, a
reference in an enactment specified in Part 1 of Schedule 1 to Cathaoirleach or
Cathaoirligh shall, in so far as that reference applies to the Cathaoirleach of
Limerick City and County Council, be construed as a reference to the Príomh
Chomhairleoir, or as including a reference to the Príomh Chomhairleoir, as the
context may require.
(3) This section shall apply
subject to the modifications of the Principal Act specified in Schedule 3.
...
Functions of Leas-Phríomh
Chomhairleoir
25.
(1) All functions
conferred by or under any enactment that, immediately before the vesting day,
vested in the Leas-Chathaoirleach of Limerick City and County Council shall, on
and after that day, vest in the Leas-Phríomh Chomhairleoir.
(2) From the vesting day, a
reference in any enactment to Leas-Chathaoirleach shall, in so far as that
reference applies to the Leas-Chathaoirleach of Limerick City and County Council,
be construed as a reference to the Leas-Phríomh Chomhairleoir, or as including a
reference to the Leas-Phríomh Chomhairleoir, as the context may require.
(3) This section shall apply
subject to the modifications of the Principal Act specified in Schedule 3.
Director general
26.
(1) The chief executive
of Limerick City and County Council shall, on and after the vesting day, be known
as the director general of Limerick City and County Council and is in this Act
referred to as the “director general”.
(2) The person who, immediately
before the vesting day, was the chief executive of Limerick City and County
Council shall, on and after that day, continue in office and be referred to in
accordance with subsection (1).
(3) On and after the vesting day,
a reference in an enactment specified in Part 2 of Schedule 1 to chief executive
shall, in so far as that reference applies to the chief executive of Limerick City
and County Council, be construed as a reference to the director general, or as
including a reference to the director general, as the context may require.
(4) This section shall apply
subject to the modifications of the Principal Act specified in Schedule 3.
...
Deputy director general
28.
(1) On and after the
vesting day, a deputy chief executive appointed by the director general under
section 148 of the Principal Act shall be known as the deputy director general of
Limerick City and County Council and is, in this Act, referred to as the “deputy
director general”.
(2) The person who, immediately
before the vesting day, was the deputy chief executive of Limerick City and County
Council shall, on and after that day, continue in office and be referred to in
accordance with subsection (1).
(3) On and after the vesting day,
a reference in any enactment to deputy chief executive shall, in so far as the
reference applies to the deputy chief executive of Limerick City and County
Council, be construed as a reference to the deputy director general, or as
including a reference to the deputy director general, as the context may
require.
(4) This section shall apply
subject to the modifications of the Principal Act specified in Schedule 3.
...
SCHEDULE 1
PART 1
Enactments for Purposes of
Sections 10 and 23
Number and
Year
(1)
Provision
(2)
Extent of
Modification
(3)
No. 37 of 2001
Local Government Act 2001
Sections 11(5)(b), 11(8), 31(4)(a), 31(5), 31(7), 31(9), 31(11), 33,
34(2)(e), 36, 37, 38, 104(7)(a), 133(6)(a), 134(4)(b), 140(8), 141(1)(b),
141(4), 142(2)(a), 142(5)(f), 143(1), 147, 148, 158(3), 174(8),
178(2)(b), 178(5), 180(3)(a), 189(9), 190(9), 216(2)(a), 219(1) and
220(1); paragraphs 3(4), 4(2), 4(3), 6(1), 6(2), 6(3), 7(9), 10,
13(5)(e), 13(6) and 16(4)(c) of Schedule 10; paragraph 3 of Schedule
14.
PART 2
Enactments for Purposes of
Sections 10 and 26
Number and
Year
(1)
Short Title
(2)
Provision
(3)
...
...
...
No. 26 of 2023
Historic and Archaeological Heritage and
Miscellaneous Provisions Act 2023
Sections 87, 88 and 223; Parts 7 and 10.
...
...
...
CONTENTS
PART 1
Preliminary and General
Section
1. Short title and commencement
2. Interpretation - general
3. Performance of functions
4. Application
5. Regulations, etc.
6. Expenses and other financial matters
7. Repeals
PART 2
Monuments
Chapter 1
Interpretation and identity and whereabouts of owner of land, etc.
8. Interpretation - Part 2 and Schedule 2
9. Circumstances in which owner of land is given notice by publication of notice in
national newspaper
10. Identity and whereabouts of owner of land
11. Provisions supplementary to section 10
Chapter 2
Prescribed monuments
12. Prescribed monuments
13. Requirement to report finding of prescribed monument
Chapter 3
Establishment of Register of Monuments and related provisions
14. Establishment of Register of Monuments
15. Provisions supplementary to section 14
16. Matters to be taken into account by Minister in performing any function under
section 14 or 15
17. Minister may amend or delete particulars entered in Register, etc.
18. Promotion of public awareness of Register
Chapter 4
Register actions and consultation on potential Register actions
19. Register actions
20. Minister’s discretion to apply special protection to Register action monument
21. General protection to be applied to all registered monuments, etc., to which special
protection is not applied
22. Requirements, etc., regarding consultation on special protection
23. Consultation on entering particulars of potential Register action monument in
Register where no special protection is intended to be applied to monument
Chapter 5
Special protection for certain registered monuments
24. Special protection applied to registered monuments in ownership or guardianship
of Minister or local authority
Chapter 6
Works at, etc., monuments
25. Interpretation - Chapter 6
26. Application - Chapter 6
27. General protection and relevant works
28. Attachment of conditions to certain relevant works
29. Exemption of certain relevant works from section 27
30. Special protection and relevant works
31. Exemption of certain relevant works from section 30
32. Application for screening for EIA
33. Determination of application for screening for EIA
34. Relevant works at, etc., relevant monument to be subject to EIA
35. Submissions on EIAR may be made to Minister
36. Minister’s consideration of EIAR and power to require further action by applicant for relevant
licence
37. Carrying out of EIA by Minister, etc., and grant or refusal to grant relevant
licence
38. Relevant works which may affect environment in another Transboundary State
39. Public notice of Minister’s decision to grant or refuse to grant relevant licence
40. Exemption from requirements of sections 32 to 39 or 34 to 39
41. Judicial review
Chapter 7
Works carried out at registered monument, etc.
42. Works carried out at registered monument, etc.
Chapter 8
Provisions applicable to monuments to which general or special protection applies
43. Restriction on export of Chapter 8 monument
44. Protection of removed part of Chapter 8 monument
45. Application of the Local Government (Sanitary Services) Act 1964 to monument
46. Registration as burden affecting registered land and related matters
47. Transfer by public authority or local authority of registered monument
Chapter 9
Transitional provisions relating to Register of Historic Monuments and record of monuments
and places, etc.
48. Transitional provisions applicable to Register of Historic Monuments and record
of monuments and places
49. Transitional provisions applicable to certain national monuments
50. Transitional provisions applicable to restricted areas
Chapter 10
Acquisition of registered monument
51. Acquisition of registered monument by Minister or local authority
Chapter 11
Transitional provisions applicable to registered monuments in ownership of Minister
or local authority
52. Interpretation - Chapter 11
53. Transitional provisions applicable to certain churches, ecclesiastical buildings
or other structures
54. Transitional provisions applicable to certain ancient monuments purchased pursuant
to section 3 of Act of 1882
55. Transitional provisions applicable to certain ancient monuments gifted, etc.,
to Commissioners
56. Transitional provisions applicable to certain ancient monuments vested in the
Commissioners, etc.
57. Transitional provisions applicable to certain ancient monuments vested in council
of county
58. Transitional provisions applicable to certain national monuments acquired by Commissioners,
etc.
59. Transitional provisions applicable to certain national monuments gifted, etc.,
to Commissioners, etc.
60. Transitional provisions applicable to national monuments conveyed or devised by
Commissioners, etc., to local authority
61. Provisions supplementary to sections 53 to 60
Chapter 12
Transfer of ownership of certain national monuments
62. Minister, etc., may transfer ownership of national monuments owned by Minister,
etc.
Chapter 13
Burial grounds
63. Definitions - Chapter 13
64. Transitional provisions applicable to certain burial grounds originally vested
in guardians of poor law union or burial board
65. Minister’s power to vest certain burial grounds in Minister or local authority
66. Provisions supplementary to sections 64 and 65
Chapter 14
Guardianship of certain registered monuments
67. Guardianship of certain registered monuments by Minister or local authority
Chapter 15
Transitional provisions applicable to guardianship of registered monuments
68. Definition - Chapter 15
69. Transitional provisions applicable to certain national monuments subject to order
under section 9(2) of Act of 1930
70. Transitional provisions applicable to certain ancient monuments subject to order
under section 15 of Act of 1925
71. Transitional provisions applicable to certain national monuments subject to certain
deeds
72. Provisions supplementary to section 71
Chapter 16
Provisions applicable to registered monuments in ownership or guardianship of Minister
or local authority (national monuments)
73. Application of Chapter 16
74. Definitions - Chapter 16
75. Maintenance and presentation of national monuments
76. Powers of certain officers
77. Grant of lease or licence in respect of national monument
78. Construction of functions conferred on relevant authority by this Chapter
Chapter 17
Provisions supplementary to Chapter 16
79. Definitions - Chapter 17
80. Functions of Commissioners in respect of national monuments (M)
81. Protection of national monuments and members of public
82. Matters on which bye-laws may be made under section 81
83. Provisions supplementary to sections 81 and 82
84. Display of bye-laws, etc.
85. Powers of authorised officers
Chapter 18
Fixed payment notices
86. Definitions - Chapter 18
87. Authorised officers
88. Fixed payment notice for relevant offence
Chapter 19
Enforcement of easements and covenants, etc.
89. Enforcement of easements and covenants, etc.
PART 3
Measures to assist in implementing 1972 convention concerning protection of world
cultural and natural heritage
90. Interpretation
91. World Heritage Property in State
92. Competent authority
93. Consultation
94. Savings
PART 4
Archaeological Objects
Chapter 1
Definitions
95. Definitions - Part 4
Chapter 2
Ownership and disposal of archaeological objects
96. State ownership of archaeological objects with no known owner, etc.
97. Disapplication of Statute of Limitations 1957, etc.
98. Acquisition of archaeological object by Minister
99. Disposal of archaeological object
100. Supplementary provisions
Chapter 3
Finding of archaeological objects
101. Requirement to report finding of archaeological object
102. Safekeeping of thing to which section 101 applies
103. Prohibition against interfering, etc., with relevant archaeological object, etc.
104. Safekeeping of relevant archaeological objects
105. Actions that may be taken by Board in respect of relevant archaeological object
106. Provisions supplementary to sections 101 to 105
Chapter 4
Placing of archaeological objects in designated museums
107. Designation of museums to which Chapter 4 applies
108. Placing of archaeological object in designated museum
109. Transfer of archaeological object placed in designated museum
110. Minister may prescribe standards to be complied with in respect of archaeological
objects placed in designated museum
111. Savings
Chapter 5
Payment of rewards
112. Payment of rewards in respect of finds of relevant archaeological objects
Chapter 6
Possession and disposal of archaeological objects by person other than Board, etc.
113. Possession of archaeological objects by person other than Board, etc.
114. Disposal or acquisition of archaeological objects by person other than Board,
etc.
Chapter 7
Duties of coroners in respect of reports of human remains
115. Duties of coroners in respect of reports of human remains which are also archaeological
objects
Chapter 8
Alteration of archaeological object
116. Alteration of archaeological object
Chapter 9
Acceptance into the law of the State of rules established under the UNIDROIT Convention
on Stolen or Illegally Exported Cultural Objects
117. Interpretation - Chapter 9
118. Circuit Court’s jurisdiction under this Chapter
119. Convention to have effect in State
120. Bringing of claims, time limits for claims and determination of claims
121. Possessor of stolen or illegally exported cultural object and compensation
122. Provisions supplementary to sections 120 and 121
123. Interim and interlocutory orders
124. Rules of court
Chapter 10
Measures to assist the State in ratifying UNESCO Convention on the Means of Prohibiting
and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property
1970
125. Definitions - Chapter 10
126. Minister shall prescribe cultural property for purposes of Convention
127. Minister may prescribe requirements for certification of exports of cultural
property
128. Prohibition of import of certain categories of stolen cultural property
129. Prohibition of possession of, or dealing in, certain categories of cultural property
130. Regulations regarding sale of cultural property
Chapter 11
Passing of title to archaeological and historic objects, etc., obtained through dishonesty
131. Non-application of market overt rule and rule relating to sale under voidable
title in certain cases
PART 5
Wrecks and other Elements of Underwater Cultural Heritage
Chapter 1
State ownership of certain wrecks and restriction of salvage claims,
etc.
132. Definitions - Chapter 1
133. Application of Chapter 2 of Part 4, section 112 and Schedule 4 to relevant wrecks
134. Salvage payments
135. Special protection to be applied to relevant wrecks, etc.
136. Prohibited activities in vicinity, etc., of relevant wreck, etc.
Chapter 2
Measures to enable the State to ratify the 2001 UNESCO Convention on
the Protection of the Underwater Cultural Heritage
137. Interpretation - Chapter 2
138. Carrying out by relevant persons of activities directed at underwater cultural
heritage beyond the limits of territorial seas
139. Reporting of discovery of underwater cultural heritage or intention to engage
in activities directed at underwater cultural heritage in exclusive economic zone
of State, etc.
140. Protection of underwater cultural heritage in exclusive economic zone of State,
etc.
141. Protection of underwater cultural heritage in exclusive economic zone of state
party, etc.
142. Reporting of discovery of underwater cultural heritage or intention to engage
in activities directed at underwater cultural heritage in the Area
143. Protection of underwater cultural heritage in the Area
144. Powers of Minister where State is Coordinating State under Article 10 or 12 of
UNESCO Convention
145. Provisions supplementary to section 144
146. Provisions relating to acceptance by relevant person of grant by state party
of authorisation under Article 10 or 12 of UNESCO Convention
147. Restriction on import of underwater cultural heritage
PART 6
Other Activities Licensable under this Act and Related Matters
148. Other activities licensable under this Act and related matters
PART 7
Licences
Chapter 1
Interpretation
149. Interpretation - Part 7
Chapter 2
Applications for licence and grant, refusal, revocation or suspension of licence
150. Application for licence
151. Grant or refusal of licence, etc.
152. Assessment of competence
153. Consultation
154. Revocation or suspension, etc., of licence
Chapter 3
Assignment of licence
155. Assignment of licence
Chapter 4
Appeals
156. Appeals officers
157. Appeals
PART 8
Inventories, Records and Research, Publication and Promotion of Public Knowledge and
Awareness
Chapter 1
Inventories
158. Inventories
Chapter 2
Records
159. Protection of records in certain circumstances
Chapter 3
Research, publication and promotion of knowledge and awareness
160. Definitions - Chapter 3
161. Research and promotion of knowledge, interest and awareness
162. Publication
163. Provision of assistance by relevant authority
164. Assistance may be subject to conditions
165. Copyright and related matters
PART 9
Issuing of Guidelines and Matters Relating to Historic Heritage
166. Guidelines for EIAs
167. Guidelines for local authorities
168. Co-ordination and development of public policy on historic heritage
169. Promotion of best practice in relevant disciplines and professions
170. Promotion of protection of historic heritage by public authorities
171. Public authority and local authority to have regard to historic heritage
PART 10
Implementation and Enforcement
Chapter 1
General prohibitions
172. False or misleading statements, etc.
173. Knowingly supplying equipment, machinery or vehicles for use in offence under
this Act
174. Obstruction
Chapter 2
Offences
175. Offences - general
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
Defences
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
General powers of officers, servants and agents, etc.
188. General powers of officers, servants and agents, etc., of relevant authority
Chapter 5
Inspections
189. Powers of Minister in respect of inspections
190. Powers of Board in respect of inspections
Chapter 6
Provision supplementary to Chapters 4 and 5
191. Construction of Chapters 4 and 5
192. Signage
Chapter 7
Enforcement notices
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
Arrest, search and seizure powers
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
Evidentiary and procedural matters
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
Costs of prosecutions and civil proceedings and recovery of debts
211. Costs of prosecutions and applications for injunctions
212. Recovery of debts
Chapter 11
Codes of practice
213. Interpretation - Chapter 11
214. Codes of practice
215. Admissibility of codes of practice
Chapter 12
Miscellaneous
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
243. Amendment of section 202 of Minerals Development Act 2017
PART 13
Miscellaneous amendments
Chapter 1
Amendment of Foreshore Act 1933
244. Amendment of section 1E of Foreshore Act 1933
Chapter 2
Amendment of Lough Corrib Navigation Act 1945
245. Amendment of Lough Corrib Navigation Act 1945 - insertion of sections 16A and
16B
Chapter 3
Amendment of Planning and Development Act 2000
246. Amendment of section 182A of Act of 2000
247. Disapplication of section 182A of Act of 2000
248. Disapplication of Chapters II and III of Part XXI of Act of 2000
249. Amendment of section 280 of Act of 2000
250. Amendment of section 281 of Act of 2000
251. Amendment of section 285 of Act of 2000
252. Amendment of section 286 of Act of 2000
253. Amendment of section 287 of Act of 2000
Chapter 4
Amendment of Wildlife (Amendment) Act 2000 and Wildlife (Amendment) Act 2023
254. Amendment of section 18A of Wildlife (Amendment) Act 2000
255. Amendment of section 7 of Wildlife (Amendment) Act 2023
Chapter 5
Amendment of Valuation Act 2001
256. Definition
257. Amendment of section 28 of Act of 2001
258. Amendment of section 38 of Act of 2001
259. Amendment of section 53 of Act of 2001
260. Amendment of section 56 of Act of 2001
Chapter 6
Amendment of Local Government Act 2001
261. Amendment of section 19A of Act of 2001
Chapter 7
Amendment of Local Government Rates and other Matters Act 2019
262. Definition
263. Rate to be levied on occupiers of relevant property
264. Rate book
265. Amendment of section 9 of Act of 2019
266. Amendment of section 10 of Act of 2019
267. Duty on person to notify local authority of ceasing to be or becoming liable
person, etc.
268. Amendment of section 12 of Act of 2019
269. Payment of rates on sale of property
270. Amendment of section 14 of Act of 2019
271. Amendment of section 17 of Act of 2019
272. Construction of sections 65 and 106 of Poor Relief (Ireland) Act 1838
273. Amendment of section 21 of Act of 2019
274. Amendment of Schedule to Act of 2019
Chapter 8
Amendment of Maritime Area Planning Act 2021
275. Definition
276. Amendment of section 3 of Act of 2021
277. Amendment of section 75 of Act of 2021
278. When MAC is required after grant of certain development permission
279. Amendment of section 76 of Act of 2021
280. When MAC is not required
281. Amendment of section 144 of Act of 2021
282. Disapplication of section 144(1)(a) or (b) of Act of 2021 in specified circumstances
SCHEDULE 1
Repeals
SCHEDULE 2
Compulsory Acquisition of Registered Monument under section 51
PART 1
Definitions
PART 2
Acquisition of Land by Minister
PART 3
Acquisition of Land by Local Authority
SCHEDULE 3
UNESCO Convention concerning Protection of the World Cultural and Natural Heritage
done in Paris on 23 November 1972
SCHEDULE 4
Compulsory Acquisition of Archaeological Object Under section 98
SCHEDULE 5
UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects done at Rome
on 24 June 1995
SCHEDULE 6
UNESCO Convention on Means of Prohibiting and Preventing the Illicit Import, Export
and Transfer of Ownership of Cultural Property done in Paris on 17 November 1970
SCHEDULE 7
UNESCO Convention on Protection of Underwater Cultural Heritage done in Paris on 6
November 2001
SCHEDULE 8
Statements which may be subject of certificate under section 206 - presumptions
Number
26
of
2023