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Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Malcolm Noonan: Under section 98, the Minister for Tourism, Culture, Arts, Gaeltacht, Sports and Media has discretionary powers to acquire archaeological objects by agreement or compulsorily. As the circumstances set out in this amendment are already provided for under the Bill, I am not able to accept it.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Malcolm Noonan: I move amendment No. 232: In page 105, line 25, to delete "and (6)" and substitute ", (6)and (7)".

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Malcolm Noonan: I move amendment No. 233: In page 106, between lines 17 and 18, to insert the following: "(7) Where the Board is minded to give consent under subsection (2) to the disposal of an archaeological object which was found during the course of carrying out a licensable activity, it shall— (a) consult with the Minister to seek his or her views (if any) on the proposed disposal, and (b)...

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Malcolm Noonan: I move amendment No. 234: In page 108, to delete lines 20 and 21 and substitute the following: "(c) the inspection would pose a risk to the health or safety of the person who would otherwise carry out the inspection on behalf of the Board, (d) the inspection is not merited or is otherwise unnecessary, or (e) the return is trivial or vexatious.". These amendments mirror those I...

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Malcolm Noonan: I do consider the Deputy to be a reasonable person and it is a reasonable proposal. In each case, the proposed amendment appears to be based on a failure to appreciate that prescribed monuments and archaeological objects are legally protected automatically and not by way of entry in any register. It is already clear under sections 184 and 185 that the defence is not available where the...

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Malcolm Noonan: I move amendment No. 235: In page 108, between lines 21 and 22, to insert the following: “(11) Nothing in this section shall be construed to prejudice the generality of section 189.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Malcolm Noonan: I move amendment No. 240: In page 113, line 16, after “Expenditure” to insert “, National Development Plan Delivery”

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Malcolm Noonan: I move amendment No. 241: In page 113, line 21, after “Expenditure” to insert “, National Development Plan Delivery”.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Malcolm Noonan: I move amendment No. 243: In page 126, between lines 14 and 15 to insert the following: “Special protection to be applied to relevant wrecks, etc. 135. Section 30shall be deemed to apply to— (a) a wreck 100 or more years old, and (b) a registered monument, or a prescribed monument, that is situated on, in or under land covered by water.”.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Malcolm Noonan: I move amendment No. 244: In page 126, line 24, after “following” to insert “(in this section referred to as a “relevant activity”)”.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Malcolm Noonan: I move amendment No. 245: In page 126, after line 32, to insert the following: “(3) (a) Subject to paragraph (b), this section (apart from this subsection) does not apply to— (i) the authorisation of a proposal for the carrying out of a relevant activity, or (ii) the authorisation of the carrying out of a relevant activity, where such authorisation (whether a licence,...

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Malcolm Noonan: I move amendment No. 246: In page 133, line 22, after “above” to insert “, or within the immediate surroundings of,”.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Malcolm Noonan: I move amendment No. 248: In page 137, lines 10 and 11, to delete “, historic, artistic or traditional” and substitute “or historic”.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Malcolm Noonan: I move amendment No. 249: In page 137, line 24, after “architectural or” to insert “other”.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Malcolm Noonan: I move amendment No. 250: In page 138, line 7, after “persons” to insert “or categories of persons”.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Malcolm Noonan: I move amendment No. 251: In page 138, between lines 9 and 10, to insert the following: “(b) conditions requiring the carrying out (whether prior to, during the course of, or subsequent to, the carrying out of the licensable activity the subject of the licence) of any other licensable activity, a related activity or any action or activity relating to the protection or recording of...

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Malcolm Noonan: 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...

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Malcolm Noonan: I move amendment No. 253: In page 139, line 19, after “concerned” to insert “(including any activity, whether or not the activity is a licensable activity, required to be carried out by reason of a condition under paragraph (b)* of subsection (4))”. [*This is a reference to a paragraph proposed to be inserted by amendment No. 251.]

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Malcolm Noonan: I move amendment No. 254: In page 139, between lines 23 and 24, to insert the following: “(7) Without prejudice to the generality of subsection (1)(b), the licensing authority may refuse to grant a licence if the authority is satisfied that the non-compliance referred to in section 150(2)(b) by the applicant or persons acting on his or her behalf, whether alone or in conjunction...

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Malcolm Noonan: I move amendment No. 255: In page 140, line 21, to delete “licensable” and substitute “relevant”.

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