Heritage (Transfer of Departmental Administration and Ministerial Functions) Order, 2011

• Jurisdiction: Ireland
• Citation: IR SI 192/2011

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 26th April, 2011.

The Government, in exercise of the powers conferred on them by section 6 (1) of the Ministers and Secretaries (Amendment) Act 1939 (No. 36 of 1939), hereby order as follows:

1. (1) This Order may be cited as the Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2011.

(2) This Order comes into operation on 1 May 2011.

2. (1) The administration and business in connection with the exercise, performance or execution of any powers, duties and functions transferred by this Order are transferred to the Department of Tourism, Culture and Sport.

(2) References to the Department of the Environment, Heritage and Local Government contained in any Act or any instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Tourism, Culture and Sport.

3. (1) The powers, duties and functions vested in the Minister for the Environment, Heritage and Local Government—

(a) by or under any of the Acts mentioned in Part 1 of the Schedule,

(b) under the Regulations mentioned in Part 2 of the Schedule, and

(c) to make a recommendation to which section 12 (3)(b)(iii) of the Planning and Development Act 2000 (No. 30 of 2000) applies, and to make observations to which section 12(3)(b)(iv) of that Act applies,

are transferred to the Minister for Tourism, Culture and Sport.

(2) References to the Minister for the Environment, Heritage and Local Government contained in any Act or instrument made under such Act and relating to any powers, duties and functions transferred by this Order shall, on and after the commencement of this Order, be construed as references to the Minister for Tourism, Culture and Sport.

4. Where, immediately before the commencement of this Order, any legal proceedings are pending to which the Minister for the Environment, Heritage and Local Government is a party and the proceedings have reference to powers, duties and functions transferred by this Order to the Minister for Tourism, Sport and Culture, the name of the Minister for Tourism, Culture and Sport shall, in so far as the proceedings relate to any function transferred by this Order, be substituted in the proceedings for that of the Minister for the Environment, Heritage and Local Government or added in the proceedings, as may be appropriate, and the proceedings shall not abate by reason of such substitution.

5. Anything commenced before the commencement of this Order by or under the authority of the Minister for the Environment, Heritage and Local Government may, in so far as it relates to powers, duties and functions transferred by this Order to the Minister for Tourism, Culture and Sport, be carried on or completed on or after such commencement by the Minister for Tourism, Culture and Sport.

6. Every document (including any certificate or licence) granted or made in the exercise of a function transferred by this Order, if and in so far as it was operative immediately before the commencement of this Order, has effect on and after such commencement as if it had been granted or made by the Minister for Tourism, Culture and Sport.

7. References to the Minister for the Environment, Heritage and Local Government contained in the memorandum and articles of association of any company and relating to any function transferred by this Order shall, on and after the commencement of this Order, be construed as references to the Minister for Tourism, Culture and Sport.

8. (1) All property, rights and liabilities held, enjoyed or incurred before the commencement of this Order by the Minister for the Environment, Heritage and Local Government in connection with the powers, duties and functions transferred by this Order are transferred on the commencement to the Minister for Tourism, Culture and Sport and, accordingly, without any further conveyance, transfer or assignment—

(a) that property, both real and personal, vests in the Minister for Tourism, Culture and Sport,

(b) those rights are rights of the Minister for Tourism, Culture and Sport,

(c) those liabilities are liabilities of the Minister for Tourism, Culture and Sport.

(2) All moneys, stocks, shares and securities transferred to the Minister for Tourism, Culture and Sport by this Article which, on the commencement of this Order, are standing in the name of the Minister for the Environment, Heritage and Local Government shall on the request of the Minister for the Environment, Heritage and Local Government be transferred into the name of the Minister for Tourism, Culture and Sport.

SCHEDULE

Part 1

Enactments, powers, duties and functions by or under which are transferred from the Minister for the Environment, Heritage and Local Government to the Minister for Tourism, Culture and Sport.

Architectural Heritage (National Inventory) and Historic Monuments (Miscellaneous Provisions) Act 1999 (No. 19 of 1999);

Heritage Act 1995 (No. 4 of 1995);

Section 5 of the Minister for Arts, Heritage, Gaeltacht and the Islands (Powers and Functions) Act 1998 (No.7 of 1998);

Sections 20 (1)(c) and 28 of the Prisons Act 2007 (No. 10 of 2007);

Section 51 (3)(b) of the Roads Act 1993 (No. 14 of 1993);

Sections 482 and 1003A of the Taxes Consolidation Act 1997 (No. 39 of 1997);

Whale Fisheries Act 1937 (No.4 of 1937);

Section 2 (2) of the Ministers and Secretaries (Amendment) Act 1928 (No. 6 of 1928) in so far as it relates to the Royal Botanic Gardens;

Holy Cross Abbey (County Tipperary) Act 1969 (No. 7 of 1969);

Irish Church Act 1869 (32 & 33 Vict. c.42);

Section 14 of the Irish Land Act 1903 (3 Edw. 7. c.37);

National Monuments Act 1930 (No. 2 of 1930);

National Monuments (Amendment) Act 1954 (No. 37 of 1954);

National Monuments (Amendment) Act 1987 (No. 17 of 1987);

National Monuments (Amendment) Act 1994 (No. 17 of 1994);

National Monuments (Amendment) Act 2004 (No. 22 of 2004);

Wildlife Act 1976 (No. 39 of 1976);

Wildlife (Amendment) Act 2000 (No. 38 of 2000);

Sections 51 (2) (in so far as it relates to being consulted under that subsection), 52 (1) (in so far as it relates to the issuing of guidelines), 52 (2), 53 , 55 , 80 and 260 of the Planning and Development Act 2000 (No. 30 of 2000).

Part 2

Regulations, powers, duties and functions under which are transferred from the Minister for the Environment, Heritage and Local Government to the Minister for Tourism, Culture and Sport.

European Communities (Birds and Natural Habitats) (Control of Recreational Activities) Regulations 2010 ( S.I. No. 293 of 2010 );

European Communities (Birds and Natural Habitats) (Restrictions of Use of Poison Bait) Regulations 2010 ( S.I. No. 481 of 2010 );

European Communities (Licensing and Inspection of Zoos) Regulations 2003 ( S.I. No. 440 of 2003 );

European Communities (Natural Habitats) Regulations 1997 ( S.I. No. 94 of 1997 ) (other than Regulations 27(7), 27(9), 27(10), 27(11), 28(1), 28(3), 28(4), 28(5), 30(1), 30(3), 30(4), 30(5) and 32(8));

European Communities (Wildlife Act 1976) (Amendment) Regulations 1986 ( S.I. No. 254 of 1986 );

Regulations 13A(4)(a)(ii), 28(1)(c), 28(1)(n), 55(a), 82(3)(c), 82(3)(n), 88(2), 121(1)(c), 121(1)(n), 179(2)(g), 179(2)(j) and 213(1)(a) of the Planning and Development Regulations 2001 ( S.I. No. 600 of 2001 );

European Communities (Conservation of Wild Birds) (Loop Head SPA 004119)) Regulations 2004 ( S.I. No. 902 of 2004 );

European Communities (Conservation of Wild Birds (Slyne Head Islands SPA 004123)) Regulations 2004 ( S.I. No. 906 of 2004 );

European Communities (Conservation of Wild Birds (Magharee Islands SPA 004125)) Regulations 2004 ( S.I. No. 907 of 2004 );

European Communities (Conservation of Wild Birds (Aughris Head SPA 004133)) Regulations 2004 ( S.I. No. 910 of 2004 );

European Communities (Conservation of Wild Birds (Carrowmore Lake SPA 004052)) Regulations 2005 ( S.I. No. 713 of 2005 );

European Communities (Conservation of Wild Birds (Illanmaster SPA 004074)) Regulations 2005 ( S.I. No. 714 of 2005 );

European Communities (Conservation of Wild Birds (Owenduff/Nephin Complex SPA 004098)) Regulations 2005 ( S.I. No. 715 of 2005 );

European Communities (Conservation of Wild Birds (Stags of Broad Haven SPA 004072)) Regulations 2005 ( S.I. No. 716 of 2005 );

European...