Archaeological Protection
Register of Historic Monuments
A historic monument is a prehistoric monument or a monument associated with the commercial, cultural, economic, industrial, military, religious, or social history of the place where it is situated or of the country. It includes all monuments in existence in 1700 AD or such later date as may be specified by regulation.
An archaeological area is an area which the OPW considers to be of archaeological importance but does not include the area of a historical monument entered in the register of historical monuments.
The OPW maintains a register of historic monuments which gives details of historic monuments and other archaeological areas in the State. After the establishment of the register, the OPW causes the list to be published in Iris Oifiguil.
Where an entry is made in the register in relation to a historical monument or archaeological area, or it is amended, the owner or reputed owner and occupier or reputed occupier is to be notified in writing of the entry, amendment or deletion in question.
Works
Where the owner or occupier of a historic monument or archaeological area entered on the register proposes to carry out any work at or in relation to the monument or area, he must give notice in writing to the OPW. He or she must not, except in the case of urgent necessity and with the consent of the Commissioners, commence work for a period of two months after giving notice.
A person must not, other than in accordance with the consent given, demolish, remove or disfigure any historic monument entered in the register. Where the OPW or local authority are owners of a national monument, they may, if they are of the opinion that they can do so without undue injury to the monument and it is desirable for the protection or preservation of the monument or in the interest of the archaeology or any other reasons to move the monument and deposit it in a public museum or other approved place.
Monuments
A national monument is a monument or the remains of a monument, the conservation of which is of national importance by reason of its historic, architectural, traditional, artistic or archaeological interest. It includes monuments to which the previous Ancient Monument Protection Act 1882 applied prior to the passing of the National Monuments Act 1930.
A monument is
- any artificial building or partly artificial building or structure
- any stone or other natural product that has been artificially carved, sculptured or worked upon
- any prehistoric tomb, grave or burial deposit or ritual, industrial or habitation site
- any place comprising remains or traces of any of the above.
It does not include buildings used for ecclesiastical purposes.
OPW Guardianship
The owner of a national monument may, notwithstanding any restriction under a trust, mortgage or charge affecting it, appoint the OPW or the local authority to be its guardian. Where the local authority has been appointed guardian or owns a national monument, it may transfer the guardianship or ownership to the OPW.
The OPW may make a preservation order in relation to a monument, which in its opinion, is in danger of being or is actually destroyed and/or removed or falling into decay through neglect. The preservation order applies until it is revoked. Any of the OPW’s officers may inspect or examine the monument or may enter land for such purpose.
The OPW may make an order with the consent of the Ministers appointing themselves guardians unless it is occupied as a dwelling by a person other than a caretaker or his family.
Temporary preservation is permitted where in the OPW’s opinion, the national monument is in immediate danger of injury or destruction. The temporary designation lasts for six months.
Duty and Powers
The OPW has the power to carry out investigations, inspections, and undertake reports as they may direct regarding historic monuments and places where they have reason to believe that historic monuments exist.
The OPW, with the approval of the Minister or the local authority, may make by-laws in relation to national monuments of which they are owners or guardians. The OPW may erect notices around a national monument the subject of a preservation order. They may enter land for the purpose of doing the same.
Where the OPW is of the opinion or if they think it desirable to do so, they may remove the monument to a museum or such other place they see fit.
There is a duty on the guardians’ whether the OPW or local authority, to maintain a monument of which they are guardians. They and their employees have access for the purpose of inspection, works of maintenance, et cetera. They may enter the land with the agreement of the owner for maintenance either at the OPW’s expense or the owner’s expense.
Either the Commissioners or the local authority may carry out such works and do such things as they think fit to the monument. For such purpose, they may bring vehicles, equipment, and materials onto the land.
National Monument Offences
It is an offence for any person, whether or not the owner of the lands, to damage or injure a national monument of which the OPW or local authority are guardians or in relation to which a preservation order is in force.
The prohibited actions include
- demolition, removal in whole or in part, disfiguration, defacement, alteration or injury or interference with the monument other than with the consent of the OPW or Commissioners.
- excavation, digging, ploughing, or otherwise disturbing the grounds around or in the vicinity of a national monument other than with its consent
- renovation or restoration of a national monument without or otherwise in accordance with OPW or local authority consent
- selling for exportation, or the exportation of any national monument or part of it
Consent
The consent of the OPW or local authority must be in writing and formally given. In some cases, the consent of both the OPW and the local authority is required.
The OPW or local authority may not give consent to demolition, removal, wholly or in part, disfigurement, defacement, alteration or injury or interference with national monuments, unless it is in the interest of archaeology to do so or the Minister has approved, granting consent.
Breach of the legislation is an offence which may be subject to summary conviction or conviction on indictment. In the case of summary conviction, it is subject to €1270 fine and/or six months imprisonment or both. In the case of conviction on indictment, it is subject to a fine of £50,000 and/or imprisonment for 12 months or both.
In addition, where the local authority, OPW, guardians or owners (where there is a preservation order), the person convicted may be ordered to pay the costs of repairing the damage done as a result of the offence.
Damage Offences
An archaeological object is any article, whether manufactured or partly manufactured or in an unmanufactured state which by reason of the archaeological interest attaching to it or its association with any Irish historical event or person has a value substantially greater than its intrinsic value.
It is unlawful for a person to injure, destroy, deface or damage any archaeological object. It is not lawful for a person to alter an archaeological object other than in accordance with a consent or a licence given in writing for such purpose. The Minister may issue a licence to alter specified archaeological objects to such extent and subject to such conditions as may be specified.
Breach of the above is an offence subject to the same possibilities on conviction on summary or indictable offence as in respect of the abovementioned offence. It is also an offence subject to the same penalties to dig, plough or excavate in breach of the above provisions. Even where licences are granted, the monument still is subject to restrictions.
Detector Offences
It is an offence to use a detection device
- in or at the site of a monument of which the OPW or local authority are owners or guardians or in respect of which a preservation order is in force.
- in an archaeological area registered in the register
- in a restricted area
- in a site or monument recorded under the National Monuments Act
Enforcement
Where a member from Garda Siochana has reasonable grounds for believing an offence is being committed under the Act or he finds a person in possession of an object, he may require the person to explain how he received possession. Failure to respond without reasonable cause or provide an explanation or give false information is an offence.
Warrants may be issued to Garda Siochana to search places where there are reasonable grounds for believing evidence of the commission of an offence exists. Breach of the legislation is subject to fines at the same level as the above. The National Monuments Legislation is designed to protect and preserve national monuments and archaeological objects.