Protection of Monuments
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.
In general, the 2023 Act applies within the State (including its internal waters and territorial seas) and within the contiguous zone (the portion of the sea that lies 12 nautical miles beyond the outer limit of the territorial sea). Those provisions relating to State ownership of archaeological objects with no known owner or of certain wrecks do not apply to archaeological objects or such wrecks found within the contiguous zone.
The civil and criminal jurisdiction of the State in specified areas designated under the Maritime Jurisdiction Act 2021 is not restricted by the application of the 2023 Act.
Bye-Laws
The Commissioners of Public Works or a local authority, with the consent of the Minister, may make bye-laws for the protection, management or control of national monuments. The Act permits the making of bye-laws by the Commissioners or a local authority, with the consent of the Minister, for the protection of the safety of members of the public at or in national monuments.
The Act sets out matters that bye-laws may cover. Examples of such matters include the regulation of access to a monument, the regulation of transport and traffic to, from or within a monument, public order and the control of animals at or in a monument, and the regulation of any activity, event, market, concert or festival at or in a monument.
A bye-law maker, is where necessary, to consult with the Minister for Transport, the Commissioner of An Garda Síochána, and any other public authority or local authority responsible for transport or traffic management. The making of bye-laws under section 81 shall be a reserved function (within the meaning of section 2 of the Local Government Act 2001) of the local authority concerned.
For the purposes of ensuring compliance with a bye-law, an authorised officer may give directions to a person in control of a vehicle regarding the movement, removal or re-location of the vehicle and that person shall comply with such direction.
Bye-laws are to be displayed at the national monument to which they relate in such manner as the bye-law maker considers best for giving information to the public. However, if the bye- law applies to all national monument in the ownership or guardianship of the Minister, or all national monuments in the ownership or guardianship of a local authority, the bye-law maker does not have to display the bye- law at a national monument if published in Iris Oifigiúil.
The bye-law maker must give a copy of the bye-laws to any person applying for them on payment of such reasonable charge (if any).
Enforcement
An authorised officer may direct a person to comply with a bye-law, pay a charge, provide their name and address, or leave a monument, and that person must comply with the authorised officer’s direction. If the authorised officer has reason to suspect that the name or address provided by a person is false or misleading, the authorised officer may request a specified proof of identity (e.g. driving licence or student identity card).
Authorised Officers
The Commissioners of Public Works, or a local authority, may appoint any officer of the Commissioners or the local authority to be an authorised officer. An authorised officer will be empowered to ensure compliance with directions and to ensure compliance with bye-laws. The Commissioners or local authority will furnish an authorised officer with a certificate of his or her appointment. When performing duties and if requested to do so by a person, an authorised officer will produce the certificate to that person for inspection.
An authorised officer may only perform a function conferred on him or her under Part 2 of the 2023 Act in relation to the national monument to which his or her appointment relates.
Fixed Payment Notice
For the purposes of assisting in the protection and proper management of national monuments through effective sanctions for specified offences, where an authorised officer has reasonable grounds for believing that a person has committed a relevant offence, the authorised officer may give to the person a written notice (referred to as a “fixed payment notice”).
The fixed payment notice will state the person’s name and address, that the person is alleged to have committed a specific offence, that the person has 21 days to make a payment to the relevant authority, that the person is not obliged to make a payment, and that a prosecution will not be initiated if payment is made. The amount of a fixed payment notice will be €100, or such other amount as prescribed for a given offence (not exceeding €200).
Where payment of a fixed payment notice takes place within 21 days of the notice issuing, the relevant authority will issue a receipt for the payment and a prosecution in respect of the alleged offence will not be initiated.
Moneys received by the Commissioners of Public Works from fixed payment notice payments will be put towards the expenses incurred by them in performing their functions under Chapter 16 (the functions of the Commissioners in respect of national monuments in the ownership or guardianship of the Minister). Moneys received by a local authority from fixed payment notice payments will be lodged to the local fund maintained by the local authority in accordance with the Local Government Act 2001.
Enforcement of easements and covenants
The Minister, the Commissioners of Public Works or a local authority may enforce an easement (e.g. a right of way affording access to one property over another) where the easement provides access to a national monument for members of the public.
Where the Minister or local authority conveys a registered monument to another person, the covenants (if any) for the protection of the monument or its amenities, or for access to it, shall bind that person, any person who subsequently succeeds to that estate, and any person to whom that estate is subsequently conveyed.
World Heritage
The 2023 Act assigns the Minister as the competent authority for the submission of property to the World Heritage Committee for inscription on the World Heritage List, and for arranging participation in the work of the World Heritage Committee. The Minister must consult with such persons, or the public, as appears appropriate to him or her before submitting property to the World Heritage Committee and permits the Minister to specify procedures for the carrying out of such consultation.
“World Heritage Property” is a property included in the World Heritage List under Article 11 of the UNESCO Convention Concerning the Protection of the World Cultural and Natural Heritage done in Paris on 23 November 1972 (see Schedule 3) which is situated in the State. This does not prejudice the validity of anything previously done for complying with the State’s obligations under the UNESCO Convention Concerning the Protection of the World Cultural and Natural Heritage, or the participation in the work of the World Heritage Committee.