General Prohibitions The 2023 Act prohibits a person from knowingly, or recklessly, making a false or misleading statement when providing information to another person under a provision of the 2023 Act. prohibits a person from knowingly supplying equipment, machinery or vehicles for use in an offence under the 2023 Act. prohibits a person from interfering with or obstructing a number […]
Licensable Activities The 2023 Act lists activities not already provided for under the 2023 Act that can only be carried out under and in accordance with a licence. Such licensable activities include archaeological excavation, archaeological monitoring, searching for archaeological objects lying exposed on the surface of land or under the seabed, and searching for wrecks that are at least one […]
State ownership of certain Wrecks A “relevant wreck” for the purposes of the 2023 Act as meaning a wreck 100 or more years old or otherwise of archaeological or historic interest. The Act applies the provisions of Chapter 2 of Part 4 (ownership and disposal of archaeological objects) to relevant wrecks. It also provides that the provisions for payment of […]
Ownership and Disposal The Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 t provides for State ownership of archaeological objects in the State (i.e. the land mass of the State and its territorial sea) with no known owner. Subject to remedying a number of possible uncertainties in existing law, the Act is essentially a restatement of the legal principle […]
Historic and Archaeological Heritage Act 2023 The broad policy principles of the 2023 Act are to guide those bodies exercising functions under it, to assist such bodies in terms of implementation, to provide support for them in the event of legal challenges to their decisions, and to constitute a broad statement of national policy on the protection of archaeological heritage. […]
Prescribed Monuments The Minister may prescribe a class of ‘relevant things’ that are of archaeological interest and that ought to be subject to the provisions that apply to prescribed monuments.In addition to these, wrecks that are at least one hundred years old will automatically be considered a class of relevant things. A relevant thing that is prescribed by regulations shall […]
Historic and Archaeological Heritage Act 2023 The 2023 Act repeals the National Monuments Act 1930 to 2014 and several associated Acts, or sections of Acts, the provisions of which are to be replaced by corresponding provisions under the 2023 Act. This is subject to a range of transitional provisions that will continue to apply elements of the repealed enactments up […]
Development Plan Planning authorities must indicate objectives for the conservation and protection of the environment, including, but not limited to designated natural heritage areas, and European sites (SACs SPAs plus others) in their development plans. Local authorities must have regard to the implication of any proposed development for which planning permission is sought on a European site or natural heritage […]
Special Amenity Area There are a number of types of enhanced Planning Act protections, which a local authority may adopt in respect of particular areas. An area of special amenity designation is designed to secure the preservation and enhancement of the character and special features of an area. The planning authority may designate an area to be an area of […]
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 […]
Vesting in State An archaeological object is defined as any chattel in a manufactured, partly manufactured or unmanufactured state which, by reason of the archaeological interest attaching to it or its association with an Irish historical event, has a value substantially greater than its intrinsic value. It includes ancient human, animal, and plant remains. The National Monuments Act 1994 provides […]
Habitats Directive The EU Habitats Directive provides for a network of special areas of conservation and for special protection areas. The sites are designated by the Department under a procedure. Sites can be added. Many of the restrictions and controls that apply to a designated site also apply to some types of proposed sites. The Habitats Directive required the Member […]
Establishment of the Agency The Environmental Protection Agency (EPA) was established in 1992 in order to provide a single national expert monitoring, licensing and enforcement agency for environmental matters. The Agency provides a single point of licensing for major industrial projects, thereby avoiding the requirement for multiple authorisations. It is also the body which enforces many EU environmental standards and […]
Natural Heritage Areas Under the wildlife legislation, there is a provision for designation as a nature reserve and natural heritage area. All public bodies are obliged to consult with the Minister for the Environment before determining matters which are likely to affect a nature reserve or a national heritage area. A Natural Heritage Area is an area worthy of conservation […]
Identification of sites Areas that have been or that may be proposed for nature conservation are identified using: Previously existing knowledge, such as the list of Areas of Scientific Interest compiled in the 1970s; Various publications on important bird areas in Ireland and other surveys; The Natural Heritage Area (NHA) survey, carried out from 1991-1994; Continuing surveys and site visits […]
State Obligations A Natura site refers to a site covered under the Habitats and Birds Directives which provide for special areas of conservation (habitats) and special protection areas (birds). Over 60o such sites in the Republic of Ireland cover 13% of the country’s land area. In common with other EU legislation, the Habitats and Birds Directive bind the State. Natura […]
Non-Appeal Functions The Board has a role in relation to certain matters, other than appeals, under planning legislation. These functions differ from a planning appeal. Since 2001, the Board has had a significant new role in relation to compulsory acquisition matters. In particular, it confirms the making of a compulsory acquisition order in most cases. The Board hears certain applications […]
Contaminated Land Liability Contaminated sites have been less of a feature in Ireland than in the UK. However, there are significant environmental risk sites in various types of business and operations, including certain agricultural processing, petroleum, unlawful landfills, scrap yards and gasworks. The Environmental Liability Directive provided for general liability for environmental contamination. It is not retrospective. It does not […]
Local Authorities The local authority is the planning authority for the county. Unless exempted, all work and change of use of land require planning permission. Works cover most physical changes to land. There are significant exemptions for agriculture use and work. Under the Local Government (Water Pollution) Acts 1977 and 1990 and the Water Services Act 2007 to 2013, local […]
General The rules and applications that apply in relation to environmental management vary significantly in their nature. Common law rules and liability for nuisance negligence and trespass give rise, at most, to a right of damages (compensation) for persons such as adjoining owners who actually suffer quantifiable economic loss. In some cases, injunctions are available to enforce property rights. In […]