Department of Environment Releases Description of National Monuments Bill

August 10th, 2010 § 2


The Department of the Environment has released a description of the new National Monuments Bill, which is already over two years overdue. We are grateful to Deputy Aengus ó Snodaigh (SF) for supplying us with this information.

Main Provisions of the Bill

The main objectives of the Bill include the provision of: -

●                 A consolidated and updated code to replace the existing National Monuments Acts 1930 to 2004;

●                 A single Register of Monuments to replace the existing non-statutory Sites and Monuments Record and the statutory Register of Historic Monuments and Record of Monuments and Places. Monuments on the Register will have either ‘special’ protection or ‘general’ protection;

●                 A statutory mechanism for the reporting of finds of all new discoveries of monuments, including wrecks, and for prescribing certain classes of archaeological monument to be subject to general protection, following discovery. Current legislation only deals with discoveries of archaeological monuments made during the course of work on  approved road schemes;

●                 A single consistent system for regulating archaeological works in relation to all types of development, both in the public and private sectors. At present, different regimes apply to approved road schemes and other public infrastructure provision and private sector development;

●                 A more efficient licensing system for archaeological excavations, effectively providing for a single licence for all archaeological works relating to a particular scheme or project, rather than a multiplicity of licences and consents which can be required at present;

●                 An appeals system where an application for a licence is refused;

●                 A new system for the identification, registration and conservation of historic landscapes;

●                 Improved recognition of, and protection for, archaeology under planning legislation.

» Read the rest of this entry «

Irish Times: National Monuments Bill in final draft stage

May 10th, 2010 § 0

Lismullin National Monument, demolished under the National Monuments Act 2004, by order of Minister Dick Roche, to make way for the M3 Motorway, in 2007

National Monuments Bill in final draft stage

The Irish Times - 10 May 2010
FRANK McDONALD Environment Editor

A NEW National Monuments Bill that will introduce a single licensing regime for all archaeological activities is in the final stages of being drafted.  Heads of the Bill, which Minister for the Environment John Gormley has described as the most comprehensive piece of legislation in this area for 80 years, were approved by the Government last month.

The Minister said that he was anxious to see the Bill introduced in the Oireachtas as soon as possible. He had been criticised by Fine Gael’s heritage spokesman, James Bannon, for the long delay in producing the legislation. Running to 400 pages, the new Bill would replace existing legislation dating back to the first National Monuments Act in 1930. It includes a 2004 Act which made it easier to override archaeology in the interest of development.

Key objectives of the new legislation are to maintain a balance between development needs and archaeological protection and to support Government policies aimed at ensuring cost-effective implementation of infrastructure programmes.  “Protecting and promoting an appreciation and awareness of Ireland’s unique built heritage while also facilitating continued economic and social development are central tenets of the Bill,” Mr Gormley said. His responsibilities include archaeological protection.

The 2007 Fianna Fáil-Green Party programme for Government pledged to update the law on national monuments and this was reiterated last October. “I am pleased that the detailed shaping of this major new piece of legislation has now begun in earnest,” the Minister added.  The new Bill, when enacted, is intended to “eliminate anomalies and inconsistencies in this code that have arisen over the years and will provide a more effective . . . regulatory regime for the recording and protection of monuments”. It would provide a new code to replace the National Monuments Acts 1930 to 2004, including a single register of monuments to replace existing statutory and non-statutory records. All monuments will have either “special” protection or “general” protection.

There would also be a statutory mechanism for the reporting of finds of all new discoveries of monuments, including wrecks at sea, and for prescribing certain classes of archaeological monument to be subject to general protection, following discovery. The Bill would introduce a “single consistent system” for regulating archaeological works in relation to all types of development, both in the public and private sectors. At present, different regimes apply to approved public and private sector projects.

There would also be a more efficient licensing system for excavations, effectively providing for a single licence for archaeological works relating to a particular project, rather than a multiplicity of licences and consents which can be required at present. Instead of varying usage of the terms “licence” and “consent” under existing legislation, the Bill will use the term “licence” consistently throughout. A method statement would be required covering all activities proposed be carried out on an archaeological site.

National Monuments Forum

January 23rd, 2010 § 0

Minister urged to fast track new bill

Drogheda Independent – Wednesday January 27 2010

THE National Monuments Forum is urging Minister Gormley to accelerate delivery of the National Monuments Bill 2009, in order to ensure that the M2 motorway does not harm the Bru na Boinne UNESCO World Heritage Site. The group also wants the minister to strengthen the legislation by incorporating the the 1972 UNESCO World Heritage Convention into Irish law. The call is being made after the NRA announced that the preferred route for the Slane Bypass will run within 500 metres of the Bru na Boinne World Heritage Site, and at least 40 other national treasures.

Dr George Eogan, Professor Emeritus of Archaeology at University College Dublin, who performed extensive excavations at the Bru na Boinne World Heritage Site, said: ‘If this plan goes ahead, it will have a significant impact on the landscape and will result in the World Heritage Site being boxed in between two motorways, the M1 and the M2.’
’500 metres is simply too close, and it is conceivable that Newgrange could lose its World Heritage Status, if this plan goes ahead, like Dresden did last summer. ‘ They should simply ban HGVs from the town. There is simply no need to spend all this money or to do all this damage.’

Motorway ‘may cost ancient site World Heritage status’

Press Association – 22/01/2010 – 17:55:53

The ancient Bru na Boinne site around Newgrange may lose its World Heritage status if the proposed M2 motorway goes ahead, it was claimed today. The National Monuments Forum warned if changes are not made to the new motorway plans, the area near the Boyne in Co Meath is likely to lose recognition from the United Nations Educational, Scientific and Cultural Organisation (Unesco).

Dr George Eogan, Professor Emeritus of Archaeology at University College Dublin (UCD), said the new motorway is too close to the monuments and will have a considerable impact on the surrounding landscape. “Five hundred metres is simply too close, and it is conceivable that Newgrange could lose its World Heritage Status,” he said. The site can be saved if Environment Minister John Gormley fast-tracks the new National Monuments Bill 2009 according to the National Monuments Forum.

Vincent Salafia, National Monuments Forum spokesman, claimed the minister created unnecessary delays which place Ireland’s heritage at risk. “We urge Minister Gormley to deliver this long overdue legislation and to ensure it is strong enough to protect Newgrange from this outlandish proposal,” Mr Salafia said.

The National Monuments Forum (NMF)

January 22nd, 2010 § 1

NATIONAL MONUMENTS FORUM

PRESS RELEASE – 22 January 2010

‘National Monuments Forum Urges Gormley to Enact Legislation and Protect Newgrange’

The National Monuments Forum is urging Minister Gormley accelerate delivery of the National Monuments Bill 2009, in order to ensure that the M2 motorway does not harm the Brú na Bóinne World Heritage Site. The group also wants the Minister to strengthen the legislation by incorporating the the 1972 UNESCO World Heritage Convention into Irish law.

The call is being made after the National Roads Authority (NRA) announced yesterday that the preferred route for the N2 Slane Bypass will run within 500 metres of the Brú na Bóinne World Heritage Site, and at least 40 other national treasures.

Professor George Eogan, Professor Emeritus of Archaeology at University College Dublin, who performed extensive excavations at the Brú na Bóinne World Heritage Site, said:

“If this plan goes ahead, it will have a significant impact on the landscape and will result in the World Heritage Site being boxed in between two motorways, the M1 and the M2.”

“500 metres is simply too close, and it is conceivable that Newgrange could lose its World Heritage Status, if this plan goes ahead, like Dresden did last summer.

“They should simply ban HGVs from the town. There is simply no need to spend all this money or to do all this damage.”

The National Monuments Forum was set up in 2009, in order to provide expert advice to the Opposition and Independent Oireachtas members, during passage of the proposed National Monuments (Amendment) Act 2009. However, Minister Gormley did not deliver legislation to Cabinet before Christmas, as promised.  The group will also monitor on report on developments at threatened sites, such as Bremore, Newgrange and Tara.

In addition to Professor Eogan, the group includes Independent TD, Maureen O’Sullivan, and Aengus O Snodaigh of Sinn Fein, as well as Frank Callanan SC, Matt Schwoebel of University of California Berkeley Law School, and Vincent Salafia, a lecturer in environmental legislation at Queens University Belfast.

Independent TD, Maureen O’Sullivan, wrote a Parliamentary Question to the Minister, asking him when he would deliver the legislation. The Minister’s written response given on Tuesday 19th January 2009 was:

“I will shortly bring proposals to Government, based on extensive review of national monuments legislation, and substantial stakeholder consultation, with a view to bringing forward a comprehensive and modernised Monuments Bill as quickly as possible.

Vincent Salafia said:

“We urge Minister Gormley to deliver on this long overdue legislation and to ensure it is strong enough to protect Newgrange from this outlandish proposal.

“We will review the plan in detail, take legal and expert advice, and make submissions to the NRA, the Minister, the County Council and UNESCO themselves.

ENDS


Parliamentary Question No.        836

Chun an Aire Comhshaoil, Oidhreachta agus Rialtais Áitiúil:
To the Minister for the Environment, Heritage and Local Government:

To ask the Minister for the Environment, Heritage and Local Government the status of the National Monuments Bill; when he will deliver this Bill to Cabinet.

- Maureen O’Sullivan.

For WRITTEN answer on Tuesday, 19th January, 2010.
Ref No:   48468/09

REPLY

Minister for the Environment, Heritage and Local Government (Mr. Gormley):

I will shortly bring proposals to Government, based on extensive review of national monuments legislation, and substantial stakeholder consultation, with a view to bringing forward a comprehensive and modernised Monuments Bill as quickly as possible.