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Next (SCHEDULE 1) |
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Number 22 of 2004 | ||||||||||||||||||
NATIONAL MONUMENTS (AMENDMENT) ACT 2004 | ||||||||||||||||||
ARRANGEMENT OF SECTIONS | ||||||||||||||||||
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Number 22 of 2004 | ||||||||||||||||||
NATIONAL MONUMENTS (AMENDMENT) ACT 2004 | ||||||||||||||||||
AN ACT TO AMEND AND EXTEND THE NATIONAL MONUMENTS ACTS 1930 TO 1994 AND TO PROVIDE FOR RELATED MATTERS. [18th July, 2004] |
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: | ||||||||||
Interpretation. |
1. —In this Act “Principal Act” means the National Monuments Act 1930 . | |||||||||
Amendment of section 2 of Principal Act. |
2. —Section 2 of the Principal Act is amended: | |||||||||
(a) by deleting the definition of “the Minister”, and | ||||||||||
(b) by inserting the following after the definition of “national monument”: | ||||||||||
“the word ‘works’ includes development works of national, regional or local importance;”. | ||||||||||
Meaning assigned to “Minister” etc. |
3. —The Principal Act is amended by inserting the following section after section 2: | |||||||||
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Transfer of functions, etc. to Minister. |
4. —(1) The functions vested in the Commissioners of Public Works in Ireland under the National Monuments Acts 1930 to 1994 which were not transferred to the Minister for Arts, Culture and the Gaeltacht by the Heritage (Transfer of Functions of Commissioners of Public Works) Order 1996 (S.I. No. 61 of 1996) and were not subsequently transferred, are transferred to the Minister, being the Minister as defined by section 2A (inserted by this Act) of the Principal Act. | |||||||||
(2) (a) The administration and business in connection with the performance or exercise of any functions transferred by this section to the Minister for the Environment, Heritage and Local Government are transferred to the Department of the Environment, Heritage and Local Government. | ||||||||||
(b) The administration and business in connection with the performance or exercise of any functions transferred by this section to the Minister for Finance are transferred to the Department of Finance. | ||||||||||
(3) In this section “functions” includes powers and duties, and references to the performance of functions include, as respects powers and duties, references to the exercise of powers and the carrying out of duties. | ||||||||||
Injury to national monuments, etc. |
5. —The Principal Act is amended by substituting the following sections for section 14: | |||||||||
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Amendment of section 23 (report of discovery of archaeological objects) of Principal Act. |
6. —Section 23 of the Principal Act (as amended by section 19 of the National Monuments (Amendment) Act 1994 ) is amended by substituting the following for subsection (9): | |||||||||
“(9) This section shall not apply— | ||||||||||
(a) to any person who discovers an archaeological object under and in pursuance of— | ||||||||||
(i) a consent granted under section 14 of this Act, including any consent to which directions under section 14A of this Act relate, | ||||||||||
(ii) a direction under section 14B, | ||||||||||
(iii) a consent granted under section 14C, | ||||||||||
(iv) a licence issued under section 26 of this Act, or | ||||||||||
(v) an approved road development under either or both sections 49 and 51 of the Roads Act 1993 , | ||||||||||
or | ||||||||||
(b) to a person exempt from having such a licence.”. | ||||||||||
Amendment of section 24 (fees) of National Monuments (Amendment) Act 1987. |
7. — Section 24 of the National Monuments (Amendment) Act 1987 is amended by substituting the following for subsection (1): | |||||||||
“(1) The Minister for the Environment, Heritage and Local Government may, with the consent of the Minister for Finance by regulations prescribe fees for the purposes of sections 2 and 3 of this Act and section 26 of the Principal Act.”. | ||||||||||
South Eastern Route and National Monuments Acts 1930 to 2004. |
8. —(1) The consent of the Minister under section 14 and any further consent or licence under any other provision of the National Monuments Acts 1930 to 2004 shall not be required in relation to the carrying out of works affecting any national monument in connection with the completion of the South Eastern Route (as described in the Third Schedule of the Roads Act 1993 (declaration of National Roads) Order 1994 (S.I. No. 209 of 1994)) by Dun Laoghaire-Rathdown County Council but any such works shall be carried out on the directions of the Minister. | |||||||||
(2) In considering to issue directions under subsection (1) of this section— | ||||||||||
(a) the Minister is not restricted to archaeological considerations but is entitled to consider the public interest notwithstanding that such exercise may involve— | ||||||||||
(i) injury to or interference with a national monument, or | ||||||||||
(ii) the destruction in whole or in part of a national monument, | ||||||||||
(b) the Minister may have regard to the following to the extent that they appear to the Minister to be relevant in exercising discretion to issue directions in respect of a national monument: | ||||||||||
(i) the preservation, protection or maintenance of the archaeological, architectural, historical or other cultural heritage or amenities of, or associated with the national monument, | ||||||||||
(ii) the nature and extent of any injury or interference with the national monument, | ||||||||||
(iii) any social or economic benefit that would accrue to the State or region or immediate area in which the national monument is situated as a result of the carrying out of the road development, | ||||||||||
(iv) any matter of policy of the Government, of the Minister or of any other Minister of the Government, | ||||||||||
(v) the need to collect or disseminate information on national monuments or in respect of heritage generally, | ||||||||||
(vi) the cost implications (if any) that would, in the Minister's opinion, occur from the issuing of a direction, or not issuing a direction, under subsection (1) of this section. | ||||||||||
(3) Where an archaeological object is found as a consequence of work undertaken by Dun Laoghaire-Rathdown County Council relating to work on the South Eastern Route, then section 8 of the National Monuments (Amendment) Act 1994 shall not apply to the land or any premises under which or in the vicinity of which the archaeological object has been found. | ||||||||||
(4) Section 50(1)(b) of the Roads Act 1993 shall not apply in respect of the South Eastern Route. | ||||||||||
Short title, construction and collective citation. |
9. —(1) This Act may be cited as the National Monuments (Amendment) Act 2004 . | |||||||||
(2) The National Monuments Acts 1930 to 1994, and this Act, shall be construed together as one Act. | ||||||||||
(3) The National Monuments Acts 1930 to 1994 and this Act may be cited together as the National Monuments Acts 1930 to 2004. |