Oireachtas Joint and Select Committees

Thursday, 6 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

I move amendment No. 252:

In page 139, to delete lines 14 to 16 and substitute the following: “(5) (a) For the purposes of paragraph (b) of subsection (4), a reference to “monument” in section 28(5) includes a reference to any thing to which section 136(2) applies.

(b) A reference in subsection (4) to “licensable activity” includes a reference to any activity (and whether or not the activity is a licensable activity) required to be carried out by reason of a condition under paragraph (b) of that subsection.

(c) A reference in subsection (4) to “applicant” includes a reference to any person engaged by or acting on behalf of the applicant including a person who is or will be in charge or responsible for any activity (and whether or not the activity is a licensable activity) required to be carried out by reason of a condition under paragraph (b) of that subsection.

(6) (a) A licence shall not operate to make lawful a licensable activity other than—
(i) a licensable activity specified by the applicant in his or her application and which is authorised under the licence, or

(ii) another licensable activity required to be carried out by reason of a condition under paragraph (b) of subsection (4) if, and only if, that condition specifies that such activity may be carried out without a licence that is in addition to the licence in which that condition is specified.
(b) A specification under paragraph (a)(ii) may be subject to such limitations as the licensing authority determines.”

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