Protected Monuments
Overview
The planning authority is obliged to include objectives for the conservation and protection of the environment, including
- the archaeological and natural heritage
- the conservation and protection of European sites and structures, which are of archaeological interest
in development plans.
The archaeological environment may be preserved or protected by conditions in a planning permission or consent. Structures may be included in the record of protected structures by reason of their archaeological interest.
The record of historical monuments and the record of monuments and places are drawn up by the National Monuments division of the Department of the Environment. The Department / Minister may make recommendations to planning authorities regarding the inclusion in the record of protected structures of archaeological sites and structures.
Monument
A monument, for the purpose of the National Monuments Act, includes
- any artificial or partly artificial, building structure or erection whether above or below the surface of the ground and
- any caves, stone or other natural product which has been artificially carved sculptered or worked upon or which appears purposely put or arranged in position and
- any prehistoric or ancient tomb grave or burial deposit or ritual, industrial or habitation site, and
- any place comprising the remains or traces of any such building, structure or erection, any such cave, stone or natural product or any such tomb, grave, burial deposit or ritual, industrial or habitation site
Buildings used for ecclesiastical purposes are excluded. A national monument is a monument or the remains of a monument the preservation of which is deemed of national importance.
Protection
A monument may be protected by
- being in the register of historic monuments
- listed in the register of monuments and places
- included in the development plan subject of a preservation order
- declared by court order
The Register of Historic Monuments contains the name and description of the monument concerned. It covers archaeological areas, which are those considered to be of archaeological importance by the Department.
The Register of Monuments and Places record is a list of monuments and places designated as such.
Works
Work which would otherwise be exempt is not exempt if it would consist of or comprise the excavation, alteration or demolition of places, caves, sites features or other objects of archaeological geological, historical, scientific or ecological interest, the preservation of which is an objective of the development plan or a draft development plan.
Before works can be done in respect of a registered monument or archaeological area, two months prior notice is required to the Minister. A local authority must notify the Minister of any notice served, or works carried out in respect of a monument. They must preserve the monument even where it is a dangerous building or structure insofar as its preservation is not likely to cause danger to any person or property.
Preservation Order
Where a national monument is or is in danger of being damaged, injured or destroyed or is falling into dereliction or neglect, the Minister may make a preservation order. Temporary preservation orders may be made in the first instance, which is valid for up to 6 months in the event of immediate danger of damage or destruction.
A national monuments order means that it is an offence to
- demolish, move or damage any part of the monument without the written consent of the Minister or
- excavate, dig or disturb the ground near the monument without the written consent of the Minister
- sell or export a national monument or any part of it.
The power to designate an area by way of a preservation order is not limited to monuments registered above. It may be made in respect of a newly discovered monument of national importance.
Exceptionally, some courts have taken the view that they may declare an area to be a national monument under the legislation.
The Minister for the Environment may acquire a national monument by agreement or compulsorily.
Consent to Works
The Minister/Department may grant consent to carrying out works after consulting with the director of the National Museum of Ireland in respect of a national monument of which the Minister or a local authority are owners or guidance or in respect of which a preservation order is in force.
Consent may be subject to conditions. They are likely to require the preservation and maintenance of the archaeological and cultural heritage of the monument and define the extent of work permissible.
Underwater Heritage
Sites underwater sites may be made the subject of an underwater heritage order. They may be the site of a wreck or otherwise of historical archaeological or artistic importance. Licences may be required from the Minister/Department to dive in the area or interfere with a wreck archaeological area.
Finding & Exporting
A person who finds an archaeological object must report it to the National Museum within four days unless he is excavating under a licence granted under the legislation. Such objects are deemed the property of the State. Compensation may be paid.
Detectors may not be used to search for archaeological objects in the vicinity of a national monument/protected area without the consent of the Minister.
An export licence is required for the export of any such objects.
Roads
Where the works relate to a road scheme approved by an Bord Pleanala or under a Roads Act scheme, a licence is not required. Archaeological works must be undertaken under the direction of the Minister after consultation with the Director of the National Museum.
Where a national monument is discovered in the course of roadworks which has not been dealt with by the environmental impact statement, the roads authority must notify the discovery to the Minister and cease work until directions are given by the Department. Emergency works to secure preservation are permitted.
The Minister/Department may require that the monument be preserved, renovated, restored, demolished, removed and /or preserved by record. It may permit ground to be excavated or disturbed for such purpose.
Required Alterations to Scheme
Where the Minister gives directions, the roads authority must inform an Bord Pleanala of any changes to the works and any changes to the scheme required. The Board then considers whether a material alteration of the scheme is involved. If this is the case, it may modify the approved works including by way of rerouting.
If the alteration may have significant effects on the environment, the roads authority must prepare an environmental impact assessment report. Notice must be published, and observations requested from prescribed bodies and others.
The Board, after considering representations, the environmental impact assessment report/statement and the development plan et cetera, may permit the changed elements of the scheme. The Board must consider, amongst other matters, wider government policy, social and economic benefits, the road policy, costs commitments entered and the stage of development