When is Ministerial Consent required?
Anyone carrying out works to (including alteration to or interference with) a national monument to which Section 14 of the National Monuments Act 1930 (as amended) applies must first obtain a Ministerial Consent. The requirement for Ministerial Consent also applies to ground disturbance around or in proximity to such a national monument.
‘Works’ does not mean just archaeological works – any works, such as development or conservation works — are covered.
Which National Monuments are covered by the requirement?
The term ‘national monument’ means any monument the preservation of which is a matter of national importance on heritage grounds.
Section 14 of the Act of 1930 applies to:
- national monuments subject to a Preservation Order under the National Monuments Act;
- national monuments in the ownership or guardianship of the Minister for Housing, Local Government and Heritage;
- national monuments in the ownership or guardianship of a local authority.
Where works are proposed at or around significant heritage sites in local authority ownership, careful consideration should be given to whether a Ministerial Consent requirement arises. The National Monuments Service will be happy to advise in particular cases where works are under consideration.
How is consent granted?
Consent is granted at the discretion of the Minister, following consultation with the director of the National Museum. If granted, Ministerial Consent under Section 14 of the 1930 Act provides certain exemptions from other licensing or consent requirements under the National Monuments Acts, other than from the requirement for a licence to alter or export an archaeological object.
Do I need Ministerial Consent if I have a grant of planning permission or other authorisation under other legislation?
With the exception of works on certain major national roads, to which the system of Ministerial Directions regarding archaeological works applies, having a permission or authorisation under other legislation does not remove the need for Ministerial Consent under Section 14 of the 1930 Act.
How do I apply for Ministerial Consent?
Please complete the Ministerial Consent Application Form. This, along with supporting information (see more below), can be emailed to us at: nationalmonuments@housing.gov.ie
Use S14 Ministerial Consent Application in the subject line of your email, and ensure the following items are included with your application:
- OS map, at either of the following scales, marking the location of the site:
- rural 1:5000/1:10000
- urban 1:1000
- Name and contact details of archaeologist/architect/engineer preparing documents.
- Method Statement
- Letter from Local Authority (if notifying on behalf of a Local Authority) or written confirmation of owner’s permission
- Any reference numbers associated with the project. For example, the heritage project reference number assigned by the Department of Housing, Local Government and Heritage, and any planning application reference number (where available) assigned by the relevant planning authority.
Important Note: It should not be assumed that this notification form has been received by the National Monuments Service until you have received confirmation in writing from us to that effect.
Where can I see the relevant legislation?
- National Monuments Acts 1930–2014