Oireachtas Joint and Select Committees

Tuesday, 4 July 2023

Select Committee on Housing, Planning and Local Government

Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed)

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein) | Oireachtas source

I move amendment No. 92:

In page 40, to delete lines 32 to 35 and substitute the following: “(5) Where the Minister wishes to take a Register action which, if taken, will cause a registered monument to cease to be a registered monument, he or she shall make a request to the Board.

(6) A registered monument or a prescribed monument, or any part of a monument or its surrounding context or landscape, shall not be removed from the Register except in accordance with subsection (7).

(7) Where the Board is of the opinion that a monument is not, or has ceased to be, of sufficient archaeological, historic, cultural or scientific interest to justify its continued protection, the Board may consent to the removal of the monument from the Register in such manner as may be specified in the consent.

(8) (a) Subsection (7)shall be in addition to, and not in substitution for, any authorisation of any other person that is necessary to make lawful the removal of the monument concerned from the Register.
(b) In paragraph (a), “authorisation of any other person” includes the giving or granting of a licence, consent, approval, permission or direction, whether under an enactment or otherwise.
(9) The Board shall not consent to its removal from the Register other than—
(a) following a request by the Minister,

(b) with the approval of An Chomhairle Oidhreachta and following consultation with An Taisce, and

(c) either—
(i) in conformity with any conditions to which such order is subject, or

(ii) with the leave of the court which made the order.
(10) The Board may organise a sub-committee of the Board to fulfil its functions as they relate to national monuments.”.

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