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 Malcolm NoonanMalcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

Under section 211, codes of practice can be published to provide practical guidance to members of the public to assist them in complying with any part of the enacted Bill. Such codes can also set out the manner in which the Minister of the day proposes to perform any function under a provision of the enacted Bill.

Draft codes of practice will be made available and representations received in relation to draft codes must be considered. When a code is published, a notification will be published in Iris Oifigiúiland a copy will be made on the Department’s website.

It is envisaged that codes of practice will be made available for the purposes set out in the proposed amendment. Indeed, I would have no hesitation in saying that the question of how landowners comply with the legal requirements for protection of prescribed and registered monuments will be a top priority for the issuance of such a code of practice. However, to assign priorities for such codes within the primary legislation would not be appropriate as it might result in the importance of some codes being perceived as diminished. In addition, to provide for a separate provision relating to guidelines as proposed in this amendment would run the risk of cutting across the system for codes of practice. For these reasons I do not consider it necessary to insert a new provision relating to guidelines for landowners.

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