The new provisions of the Historic and Archaeological Heritage and Miscellaneous Provisions Act seek to strengthen the protection and promotion of Ireland’s heritage. Offences under the Act now carry fines of up to €10,000 and/or prison sentences of up to three years.
The Minister of State with responsibility for Nature, Heritage and Electoral Reform, Malcolm Noonan TD, has commenced provisions within the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 aimed at bolstering the protection and promotion of Ireland’s rich heritage. These new measures, which include substantial fines and prison sentences, have been in effect since 31 May 2024.
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The provisions now in force allow for the creation and maintenance of inventories detailing items of archaeological interest, architectural heritage and historic wrecks. This enhances the status of existing inventories of sites of archaeological, historic and architectural importance, both on land and under the sea. Most importantly, it ensures legal protection for certain archaeological records or objects if the current custodians are unable to maintain them.
The Act empowers authorities to issue enforcement notices, which may be used alongside, or as an alternative to, criminal proceedings. Offences under the Act now attract fines of up to €10,000 and/or imprisonment for up to three years.
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This legislation also aims to promote best practices within related disciplines, develop guidelines and codes of practice, as well as promoting research and awareness of our heritage. In addition, it seeks to strengthen the implementation of the 1972 World Heritage Convention Concerning the Protection of the World Cultural and Natural Heritage.
Malcolm Noonan expressed his satisfaction with the new provisions, stating:
“I am very pleased to give effect to this Order, which is essential to strengthen protection of Ireland’s valuable historic and archaeological heritage through its guidelines and enforcement measures.
These are the first steps to implementing this modern and robust legislation. Our heritage is of fundamental importance, and this Act provides a framework to ensure its protection for future generations.”
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This Act will ultimately supersede the National Monuments Act 1930 to 2014 and related legislation, introducing comprehensive new provisions for the protection and conservation of Ireland’s heritage. The new Act will afford greater legal protection to both newly discovered archaeological sites and recorded sites and structures.
This Act introduces an integrated licencing system and enables the State to ratify key international conventions for the protection of historic heritage, should the government opt to do so.
Detailed information on the provisions commenced under this order can be found here.
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