Prisons Act 2007

28.

Exemptions, etc., relating to development.

28.— (1) A development—

( a) is an exempted development for the purposes of the Planning and Development Acts 2000 to 2006,

( b) is not subject to—

(i) regulations under section 181 of the Planning and Development Act 2000,

(ii) the European Communities (Environmental Impact Assessment) Regulations 1989 to 2005,

(iii) the said Acts of 2000 to 2006 in so far as they relate to environmental impact assessments or any regulations under those Acts relating to such assessments, or

(iv) the Building Control Act 1990 and regulations thereunder,

and

( c) subject to subsections (2) and (3), shall not require a consent or licence under the National Monuments Acts 1930 to 2004 (other than a licence under section 25 of the National Monuments Act 1930) or any other consent or licence.

(2) Any works of an archaeological nature that are carried out in respect of a development shall be carried out in accordance with the directions of the Minister for the Environment, Heritage and Local Government.

(3) If a national monument within the meaning of the said Acts of 1930 to 2004 is discovered on the site of a development, the discovery shall be reported to the Minister for the Environment, Heritage and Local Government as soon as practicable and, pending directions by that Minister, no works shall be carried out that would interfere with the monument, except any that are urgently required to secure its preservation and are carried out in a manner specified by that Minister.

(4) Before issuing directions under subsection (2) or (3), the Minister for the Environment, Heritage and Local Government shall consult in writing with the Director of the National Museum of Ireland.

(5) The period during which such consultation takes place shall not exceed 14 days or such other period as may be agreed to by that Minister and the Director in a particular case.

Annotations:

Modifications (not altering text):

C9

Certain functions transferred (1.05.2011) by Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 192 of 2011), art. 3(1) and sch. part 1, in effect as per art. 1(2).

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.

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 20(1)( c) and 28 of the Prisons Act 2007 (No. 10 of 2007);

...