Planning and Development Act 2000

Record of protected structures.

51

51. (1) For the purpose of protecting structures, or parts of structures, which form part of the architectural heritage and which are of special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest, every development plan shall include a record of protected structures, and shall include in that record every structure which is, in the opinion of the planning authority, of such interest within its functional area.

(2) After consulting with the Minister for Arts, Heritage, Gaeltacht and the Islands, the Minister shall prescribe the form of a record of protected structures.

(3) Subject to any additions or deletions made to the record, either under this Part or in the course of a review of the development plan under Part II , a record of protected structures shall continue to be part of that plan or any variation or replacement of the plan.

Annotations:

Modifications (not altering text):

C64

Functions in relation to section transferred (1.05.2011) by Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 192 of 2011), arts. 2, 3 and sch. Note that name of Department of and Minister for Tourism, Culture and Sport changed to Department of and Minister for Arts, Heritage and the Gaeltacht (2.06.2011) by Tourism, Culture and Sport (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 220 of 2011).

2. (1) The administration and business in connection with the exercise, performance or execution of any powers, duties and functions transferred by this Order are transferred to the Department of Tourism, Culture and Sport.

(2) References to the Department of the Environment, Heritage and Local Government contained in any Act or any instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Tourism, Culture and Sport.

3. (1) The powers, duties and functions vested in the Minister for the Environment, Heritage and Local Government

(a) by or under any of the Acts mentioned in Part 1 of the Schedule,

(b) under the Regulations mentioned in Part 2 of the Schedule, and

(c) to make a recommendation to which section 12 (3)(b)(iii) of the Planning and Development Act 2000 (No. 30 of 2000) applies, and to make observations to which section 12(3)(b)(iv) of that Act applies,

are transferred to the Minister for Tourism, Culture and Sport.

(2) References to the Minister for the Environment, Heritage and Local Government contained in any Act or instrument made under such Act and relating to any powers, duties and functions transferred by this Order shall, on and after the commencement of this Order, be construed as references to the Minister for Tourism, Culture and Sport.

...

Schedule Part 1

Enactments, powers, duties and functions by or under which are transferred from the Minister for the Environment, Heritage and Local Government to the Minister for Tourism, Culture and Sport.

...

Sections 51 (2) (in so far as it relates to being consulted under that subsection), 52 (1) (in so far as it relates to the issuing of guidelines), 52 (2), 53, 55, 80 and 260 of the Planning and Development Act 2000 (No. 30 of 2000).

Part 2

Regulations, powers, duties and functions under which are transferred from the Minister for the Environment, Heritage and Local Government to the Minister for Tourism, Culture and Sport.

...

Regulations 13A(4)(a)(ii), 28(1)(c), 28(1)(n), 55(a), 82(3)(c), 82(3)(n), 88(2), 121(1)(c), 121(1)(n), 179(2)(g), 179(2)(j) and 213(1)(a) of the Planning and Development Regulations 2001 ( S.I. No. 600 of 2001 );

...

Editorial Notes:

E181

Power pursuant to section exercised (21.01.2002 and 11.03.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).

E182

Previous affecting provision: functions and powers in relation to National Monuments (Amendment) Act 1994 (17/1994), ss. 5(5) and 6(2) transferred to Department of and Minister for Arts, Sport and Tourism (10.07.2002) by National Monuments (Transfer of Departmental Administration and Ministerial Functions) Order 2002 (S.I. No. 358 of 2002).

E183

Previous affecting provision: name of Department of and Minister for Arts, Heritage, Gaeltacht and the Islands changed to Department of and Minister for Community, Rural and Gaeltacht Affairs (19.06.2002) by Arts, Heritage, Gaeltacht and The Islands (Alteration of Name of Department and Title of Minister) Order 2002 (S.I. No. 308 of 2002).