Written answers

Tuesday, 1 March 2005

Department of Environment, Heritage and Local Government

Archaeological Sites

9:00 pm

Breeda Moynihan-Cronin (Kerry South, Labour)
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Question 408: To ask the Minister for the Environment, Heritage and Local Government the procedures or steps which a community or voluntary organisation can take to secure a preservation order or listed status for a historical site or archaeological structure; the way in which such sites are preserved or listed if they are not in public ownership; the way in which such issues are pursued if such sites are in private ownership; and if he will make a statement on the matter. [6582/05]

Photo of Dick RocheDick Roche (Wicklow, Fianna Fail)
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The National Monuments Acts 1930 to 2004 allow for the making by the Minister for the Environment, Heritage and Local Government of a preservation order in respect of a national monument, which is defined as a monument the preservation of which is a matter of national importance. Such an order may be made where it appears to the Minister that a monument, which in his opinion is a national monument, is in danger of being or is actually being damaged. Under the National Monuments Acts, it is an offence to interfere with a national monument.

There are however many monuments in the State outside of public ownership which would not be regarded as national monuments but would be of considerable local interest and significance. Under the National Monuments Acts, monuments and places of archaeological or historical significance are listed in the record of monuments and places, RMP, compiled by my Department and there are in excess of 120,000 so listed. A copy of the RMP for their area is to be available at the offices of the local planning authority. Before works of any kind may be undertaken which may affect an RMP listed site, two months' advance notice must be given to my Department by the person concerned and failure to comply is an offence. In case of proposed development works, the obligation to notify is met through the requirement under the planning code for planning authorities to refer relevant planning applications to the Department for comment as to heritage implications.

A local planning authority may also in appropriate cases include in the record of protected structures which it is required to maintain, structures of special historical or archaeological interest and these are then subject to protection under the planning code. The making of an addition to or a deletion from the record is a reserved function of the elected council involving a public consultation process. It is of course open to a local group to make representations to a local authority at any time as to the exercise of its functions. Local authorities enjoy broad statutory powers under local government and planning legislation to promote the community interest, to enter into arrangements with and provide assistance to local groups or other persons and to protect and enhance local heritage sites and features.

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