Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023

JurisdictionIreland
Year2023
CitationIR No. 26/2023


Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023

2023 26

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 October 2023]

Be it enacted by the Oireachtas as follows:

S-1 Short title and commencement

1 Short title and commencement

(1) This Act may be cited as the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023.

(2) Chapter 1 of Part 13 and the Foreshore Acts 1933 to 2022 may be cited together as the Foreshore Acts 1933 to 2023.

(3) Chapter 3 of Part 13 and the Planning and Development Acts 2000 to 2022 may be cited together as the Planning and Development Acts 2000 to 2023.

(4) Chapter 5 of Part 13 and the Valuation Acts 2001 to 2020 may be cited together as the Valuation Acts 2001 to 2023.

(5) Chapters 6 and 7 of Part 13 and the Local Government Acts 1925 to 2022 may be cited together as the Local Government Acts 1925 to 2023 and shall be construed together as one.

(6) Chapter 8 of Part 13 and the Maritime Area Planning Acts 2021 and 2022 may be cited together as the Maritime Area Planning Acts 2021 to 2023 and shall be construed together as one.

(7) This Act (other than sections 225, 227, 228, 231, 233, 234, 238, 239, 240, 242 and 243 and Chapters 2 and 6 of Part 13) shall come into operation on such day or days as the Minister may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes and different provisions.

(8) Section 242 shall come into operation on such day or days as the Minister may, after consultation with the Minister for Agriculture, Food and the Marine, by order or orders appoint either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes and different provisions.

(9) Sections 227 and 234 shall come into operation on such day or days as the Minister may, after consultation with the Minister for Tourism, Culture, Arts, Gaeltacht, Sports and Media, appoint by order or orders either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes and different provisions.

(10) Section 228 shall come into operation on such day or days as the Minister may, after consultation with the Minister for Defence, appoint by order or orders either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes and different provisions.

(11) Sections 231 and 238 shall come into operation on such day or days as the Minister may, after consultation with the Minister for Transport, appoint by order or orders either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes and different provisions.

(12) Sections 233, 239 and 240 shall come into operation on such day or days as the Minister may, after consultation with the Minister for Justice, appoint by order or orders either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes and different provisions.

(13) Section 243 shall come into operation on such day or days as the Minister may, after consultation with the Minister for Environment, Climate and Communications, appoint by order or orders either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes and different provisions.

S-2 Interpretation - general

2 Interpretation - general

(1) In this Act—

“AA” means appropriate assessment;

“act” includes an ongoing activity;

“Act of 1869” means the Irish Church Act 1869;

“Act of 1878” means the Public Health (Ireland) Act 1878;

“Act of 1882” means the Ancient Monuments Protection Act 1882;

“Act of 1892” means the Ancient Monuments Protection (Ireland) Act 1892;

“Act of 1903” means the Irish Land Act 1903;

“Act of 1910” means the Ancient Monuments Protection Act 1910;

“Act of 1925” means the Shannon Electricity Act 1925;

“Act of 1930” means the National Monuments Act 1930;

“Act of 1954” means the National Monuments (Amendment) Act 1954;

“Act of 1956” means the Civil Service Regulation Act 1956;

“Act of 1964” means the Registration of Title Act 1964;

“Act of 1987” means the National Monuments (Amendment) Act 1987;

“Act of 1993” means the Merchant Shipping (Salvage and Wreck) Act 1993;

“Act of 1994” means the National Monuments (Amendment) Act 1994;

“Act of 1995” means the Heritage Act 1995;

“Act of 1997” means the National Cultural Institutions Act 1997;

“Act of 2000” means the Planning and Development Act 2000;

“Act of 2001” means, other than in Chapter 4 of Part 13, the Local Government Act 2001;

“Act of 2014” means the Companies Act 2014;

“Act of 2021” means, other than in Chapter 8 of Part 13, the Maritime Jurisdiction Act 2021;

“amenity”, in relation to a monument or thing, includes the setting of the monument or thing, and “amenity value” shall be construed accordingly;

“Ancient Monuments Protection Acts” means the Act of 1882, the Act of 1892 and the Act of 1910;

“appropriate assessment” has the meaning assigned to it by Regulation 2 of the Habitats Regulations;

“archaeological excavation” means digging or excavating in or under any land (whether with or without removing the surface of the land) for the purpose of searching for, identifying, locating or exposing archaeological heritage, whether or not such heritage is known to be on, in or under that land;

“archaeological heritage” means relevant things of archaeological interest and archaeological objects;

“archaeological monitoring” means the monitoring, overseeing or supervising of any digging or excavating on, in or under any land (whether with or without removing the surface of the land) where—

(a)

the digging or excavating is not in connection with archaeological excavation or any other archaeological purpose, and

(b)

the monitoring, overseeing or supervising is for the purpose of identifying archaeological heritage which may be found or uncovered in the course of or as a result of such digging or excavating, whether or not such heritage is known to be on, in or under that land;

“archaeological object” means—

(a)

either—

(i) a chattel, or

(ii) a chattel situated at or removed from a relevant thing of a relevant interest or a monument,

that, by reason of the archaeological interest attaching to it or of its association with any historic event, period, subject or person, has a cultural, monetary or scientific value greater than its intrinsic value,

(b)

a chattel collected in the course of the carrying out or undertaking of archaeological excavation, archaeological monitoring or the searching for archaeological objects lying exposed on the surface of land, or

(c)

an historic object having no known owner;

“archaeology” means the study of past human societies of all periods, either as a whole or of various aspects of them, through the material remains of all forms, moveable and immoveable, left by those societies and the evidence of their environment, and includes the study of climatological, ecological, geological, geomorphological or pedological factors relevant to understanding the nature or context of those societies or the distribution or nature of their material remains, and “archaeological interest” shall be construed accordingly;

“architectural heritage” means—

(a)

structures and buildings together with their settings and attendant grounds, fixtures and fittings,

(b)

groups of structures and buildings referred to inparagraph (a), and

(c)

sites,

that are of archaeological, architectural, cultural, historic, scientific, social or technical interest;

“architectural history” means the history of architecture, including its cultural, economic and social context;

“art history” means the history of art, including its cultural, economic and social context;

“battlefield” includes—

(a)

any area or areas (to the extent (if any) that it or they can be both identified and geographically defined) where the majority of the combat (including any significant military engagement) or related activities of a battle took place, and

(b)

any sites or places directly associated with the conduct, command or direction of a battle (including any significant military engagement) or related activities of a battle, whether or not contiguous with or to an area or areas referred to inparagraph (a);

“Board” means the Board of the National Museum of Ireland;

“building” includes—

(a)

the trade fixtures, domestic fixtures and ornamental fixtures of the building,

(b)

the machinery and equipment fixed or attached to the building, and

(c)

any other fixtures of the building;

“chattel” means a chattel of artificial or natural origin (including animal, human or plant remains)...

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