Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023

1

Short title and commencement

1. (1) This Act may be cited as the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023.

(2) Chapter 1 of Part 13 and the Foreshore Acts 1933 to 2022 may be cited together as the Foreshore Acts 1933 to 2023.

(3) Chapter 3 of Part 13 and the Planning and Development Acts 2000 to 2022 may be cited together as the Planning and Development Acts 2000 to 2023.

(4) Chapter 5 of Part 13 and the Valuation Acts 2001 to 2020 may be cited together as the Valuation Acts 2001 to 2023.

(5) Chapters 6 and 7 of Part 13 and the Local Government Acts 1925 to 2022 may be cited together as the Local Government Acts 1925 to 2023 and shall be construed together as one.

(6) Chapter 8 of Part 13 and the Maritime Area Planning Acts 2021 and 2022 may be cited together as the Maritime Area Planning Acts 2021 to 2023 and shall be construed together as one.

(7) This Act (other than sections 225, 227, 228, 231, 233, 234, 238, 239, 240, 242 and 243 and Chapters 2 and 6 of Part 13) shall come into operation on such day or days as the Minister may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes and different provisions.

(8) Section 242 shall come into operation on such day or days as the Minister may, after consultation with the Minister for Agriculture, Food and the Marine, by order or orders appoint either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes and different provisions.

(9) Sections 227 and 234 shall come into operation on such day or days as the Minister may, after consultation with the Minister for Tourism, Culture, Arts, Gaeltacht, Sports and Media, appoint by order or orders either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes and different provisions.

(10) Section 228 shall come into operation on such day or days as the Minister may, after consultation with the Minister for Defence, appoint by order or orders either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes and different provisions.

(11) Sections 231 and 238 shall come into operation on such day or days as the Minister may, after consultation with the Minister for Transport, appoint by order or orders either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes and different provisions.

(12) Sections 233, 239 and 240 shall come into operation on such day or days as the Minister may, after consultation with the Minister for Justice, appoint by order or orders either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes and different provisions.

(13) Section 243 shall come into operation on such day or days as the Minister may, after consultation with the Minister for Environment, Climate and Communications, appoint by order or orders either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes and different provisions.

Annotations

Editorial Notes:

E1

Commencement information ordered by section is available at

https://www.irishstatutebook.ie/eli/isbc/2023_26.html#commencement.

E2

Power pursuant to subs. (7) exercised (9.12.2025) by Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 (Commencement) (No. 3) Order 2025 (S.I. No. 555 of 2025).

2. The 9th day of December 2025 is appointed as the day on which the following provisions of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 shall come into operation:

(a) Chapter 9 of Part 4;

(b) Schedule 5.

E3

Power pursuant to subs. (7) exercised (10.10.2025) by Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 (Commencement) (No. 2) Order 2025 (S.I. No. 470 of 2025).

2. The 10th day of October 2025 is appointed as the day on which section 131 of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 shall come into operation.

E4

Power pursuant to subs. (7) exercised (24.03.2025) by Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 (Commencement) Order 2025 (S.I. No. 88 of 2025).

2. The 24th day of March 2025 is appointed as the day on which the following provisions of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 (No. 26 of 2023) shall come into operation:

(a) section 173;

(b) subsections (1) and (2) of section 175 insofar as they apply to section 138(2);

(c) subsections (3) and (4) of section 175 insofar as they apply to sections 147 and 173;

(d) subsections (5) and (6) of section 175 insofar as they apply to sections 139(1), (2) and (3), 142(1) and (2) and 204(2)(b), (3)(b) and (4)(b);

(e) subsections (7) and (8) of section 175 insofar as they apply to section 217(2);

(f) sections 183 and 184;

(g) section 205;

(h) section 208;

(i) Schedule 7.

E5

Power pursuant to subs. (7) exercised (12.12.2024) by Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 (Commencement) (No. 2) Order 2024 (S.I. No. 663 of 2024).

2. The 12th day of December 2024 is appointed as the day on which the following provisions of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 (No. 26 of 2023) shall come into operation:

(a) section 132;

(b) section 134;

(c) Chapter 2 of Part 5;

(d) Part 7;

(e) section 216;

(f) sections 222 and 223.

E6

Power pursuant to subs. (7) exercised (31.05.2024) by Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 (Commencement) Order 2024 (S.I. No. 252 of 2024).

2. The 31st day of May 2024 is appointed as the day on which the following provisions of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 shall come into operation:

(a) sections 1 to 6;

(b) section 7 insofar as relates to the Architectural Heritage (National Inventory) and Historic Monuments (Miscellaneous Provisions) Act 1999 (other than section 5);

(c) Part 3;

(d) Part 8;

(e) Part 9;

(f) section 172;

(g) section 174;

(h) subsections (3) and (4) of section 175 insofar as they apply to sections 159(4), 172 and 174;

(i) subsections (7) and (8) of section 175 insofar as they apply to section 159(2);

(j) sections 178(2) and 179;

(k) section 182;

(l) sections 188 to 190;

(m) Chapters 7 and 8 of Part 10;

(n) sections 207, 209 and 210;

(o) Chapters 10 and 11 of Part 10;

(p) sections 217 and 218;

(q) sections 220 and 221;

(r) Schedule 3.

E7

Power pursuant to subs. (7) exercised (31.12.2023) by Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 (Commencement) (No. 4) Order 2023 (S.I. No. 653 of 2023).

2. The 31st day of December 2023 is appointed as the day on which Chapters 1, 3 and 8 of Part 13 of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 (No. 26 of 2023) shall come into operation.

E8

Power pursuant to subs. (7) exercised (17.11.2023) by Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 (Commencement) (No. 3) Order 2023 (S.I. No. 558 of 2023).

2. The 17th day of November 2023 is appointed as the day on which section 254 of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 shall come into operation.

E9

Power pursuant to subs. (7) exercised (17.11.2023) by Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 (Commencement) (No. 2) Order 2023 (S.I. No. 556 of 2023).

2. The 17th day of November 2023 is appointed as the day on which section 255 of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 shall come into operation.

E10

Power pursuant to subs. (7) exercised (6.11.2023, 1.01.2024) by Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 (Commencement) Order 2023 (S.I. No. 537 of 2025).

2. The 6th day of November 2023 is appointed as the day on which the following provisions of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 (No. 26 of 2023) shall come into operation:

(a) Chapter 5 of Part 13, other than sections 257 and 258;

(b) sections 262 and 265.

3. The 1st day of January 2024 is appointed as the day on which the following provisions of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 shall come into operation:

(a) sections 257 and 258;

(b) Chapter 7 of Part 13, insofar as it is not already commenced.