Legislation

Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023

The Historic and Archaeological Heritage and Miscellaneous Provisions Act (the Act) was passed by both Houses of the Oireachtas and signed by the President on 13 October 2023.

When fully commenced, the Act will provide strengthened protection for historic and archaeological heritage, and artefacts of cultural interest and importance in Ireland. The Act will repeal and replace the existing National Monuments Acts 1930-2014, and will introduce the following measures:

  • newly discovered archaeological sites will be afforded immediate legal protection, mirroring the existing system for archaeological objects and historic wrecks that are automatically protected without a need for formal designation or registration;
  • a statutory reporting scheme for finds of monuments will come into effect;
  • a new ‘Register of Monuments’ will be established, replacing several overlapping designation and registration systems currently in operation;
  • subject to certain exceptions, archaeological objects with no known owner will automatically become the property of the State;
  • an new integrated licensing system will be introduced, this will allow the applicant to submit one licence application to authorise a range of activities;
  • a statutory appeals process will be established to review licensing decisions;
  • a new civil enforcement procedure will be used as an alternative to, or to supplement, criminal proceedings.

Operation of the Act

While the Act is now law, a number of legal and administrative measures are required to make the legislation enforceable. The Act will therefore come into effect on a phased basis.

Information on the sections of the Act that have been commenced to date, and are fully in operation, can be found here.

Updates on the status of the legislation will continue to be made available on this website, as further sections of the Act come into force.

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