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Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (29 Jun 2023)

Malcolm Noonan: Again, I thank Deputies for bringing these matters to my attention. On amendment No. 35, I am of the view that the term “relevant thing” is a key definition used in the Bill and the repurposing of the term for the purposes of section 173 - matters that relate to the supply of machinery or vehicles for use in the commission of an offence under the enacted Bill - may lead to some...

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (29 Jun 2023)

Malcolm Noonan: Yes.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (29 Jun 2023)

Malcolm Noonan: Absolutely.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (29 Jun 2023)

Malcolm Noonan: Yes. That delineation will be done by the process of entry to the register.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (29 Jun 2023)

Malcolm Noonan: Historic sites or legendary sites, for instance, could also be included. That could be landscape scale, if that is what Deputy O'Callaghan is referring to.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (29 Jun 2023)

Malcolm Noonan: Yes.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (29 Jun 2023)

Malcolm Noonan: Yes, and sometimes there are groups of monuments. Many of these monuments do not occur in isolation. They can be in groups. This delineation will happen during the process of entry onto the register.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (29 Jun 2023)

Malcolm Noonan: I would not be concerned about that. As I said, the process by which the register is put together is where the delineation will occur. The importance and significance of the area would be included in the register.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (29 Jun 2023)

Malcolm Noonan: I move amendment No. 39: In page 27, between lines 25 and 26, to insert the following: " "traditional interest" includes of interest by virtue of folklore, folklife, myth or legend;".

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (29 Jun 2023)

Malcolm Noonan: I move amendment No. 40: In page 27, line 31, to delete "digging, ploughing" and substitute "ground disturbance (including digging, ploughing or excavation)".

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (29 Jun 2023)

Malcolm Noonan: I move amendment No. 41: In page 27, line 33, to delete "excavation,".

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (29 Jun 2023)

Malcolm Noonan: I move amendment No. 42: In page 27, line 35, after "damage" to insert "or defacement".

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (29 Jun 2023)

Malcolm Noonan: I move amendment No. 43: In page 27, line 37, to delete "section 93" and substitute "section 91". Following discussions in the Seanad, I made commitments to bring further clarity to elements of Part 3 of the Bill. This set of amendments will switch the definition of "World Heritage Property" to the beginning of Part 3 and provide additional clarity that consultations under section 92(2)...

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (29 Jun 2023)

Malcolm Noonan: It covers amendments Nos. 215 to 217, inclusive.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (29 Jun 2023)

Malcolm Noonan: As I recall, this emerged from debate in the Seanad. There was concern about the use of the word "property". This is about providing clarity. We are moving the definition to the top section to provide clarity.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (29 Jun 2023)

Malcolm Noonan: It is just the definition of world heritage property, if that is what Deputy Ó Broin is asking. It was moved from section 93 to section 91 to provide further clarity on world heritage property. This is what the amendment is about.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (29 Jun 2023)

Malcolm Noonan: Is that okay?

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (29 Jun 2023)

Malcolm Noonan: Before I do, I wish to inform the committee that additional time is required to finalise and approve proposed amendments relating to the Phoenix Park Act 1925. If possible, I intend to bring those amendments on Report Stage.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (29 Jun 2023)

Malcolm Noonan: The Phoenix Park is part of our historic heritage.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (29 Jun 2023)

Malcolm Noonan: In relation to amendment No. 218, section 92 already provides comprehensive provisions for consultation in relation to world heritage property and property that has the potential to become world heritage property. My previous amendment has made it clear that consultation will take place on all matters relating to world heritage property. With regard to amendment No. 219, while synergies...

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