National Monuments (Amendment) Act, 1987 (Section 19)
National Monuments (Amendment) Act, 1987 (Section 19) – Legal Office Notice No. 1 of 2021
This Legal Office Notice replaces National Monuments (Amendment) Act, 1987 (Section 19) – Legal Office Notice 16 September 1988.
The National Monuments (Amendment) Act, 1987 makes provision for the protection and preservation of national monuments and archaeological objects in Ireland.
Section 19 of the Act creates four burdens which may be registered as affecting registered land by virtue of Section 69 (1)(r) of the Registration of Title Act, 1964. They are:
1. The entry in the Register of Historic Monuments of a historic monument or an archaeological area situated on the land;
2. A preservation order in respect of a national monument situated on the land;
3. A deed of a kind referred to in Section 5 or 6 of the National Monuments Act, 1930 [the “Principal Act”] appointing the Minister for Housing, Local Government and Heritage or a local authority to be the guardians of a national monument situated on the land;
4. An order under Section 9(2) of the Principal Act appointing the Minister for Housing, Local Government and Heritage to be guardians of a national monument situated on the land.
Register of Historic Monuments
The Minister for Housing, Local Government and Heritage is obliged to maintain a register known as the Register of Historic Monuments and to enter on it the name, location and a brief description of:
- The historic monuments in the State which are known to the Minister upon commencement of Section 5 of the Act of 1987;
- The other archaeological areas in the State which are known to the Minister upon such commencement, and
- Any historic monuments, or other archaeological areas, which become known to the Minister after such commencement, and which in the Ministers opinion should be so entered.
The Minister is also obliged to cause to be published in Iris Oifigiuil a list specifying the historic monuments and archaeological areas then entered in the Register (save and except for those published already pursuant to Section 8 of the National Monuments Amendment Act, 1954). Production of a copy of Iris Oifigiuil purporting to contain a list published therein pursuant to these statutory provisions may be given as prima facie evidence in any Court that a historic monument or archaeological area is entered in the Register of Historic Monuments. [See Section 5 of the Act of 1987.]
An application may be made in the Land Registry by the Minister or the National Monuments Service of the Department of Housing, Local Government and Heritage on behalf of the Minister for the registration as a burden on registered land of an entry recorded in the Register of Historic Monuments. Such applications will be made by lodging a copy of Irish Oifigiuil as indicated above together with a copy of the latest O.S. map showing the property affected edged in red.
Where a historic monument or archaeological area has ceased to be entered in the Register of Historic Monuments, the burden entry on a folio may be cancelled on application by the Minister or the National Monuments Service on the Ministers behalf on production of a copy of Iris Oifigiuil showing that it has so ceased.
Registration as a burden on a folio in the Land Registry of an entry recorded in the Register of Historic Monuments will take the following form:
“An Entry has been made in the Register of Historic Monuments maintained by the Minister for Housing, Local Government and Heritage under Section 19 (a) of the National Monuments (Amendment) Act, 1987 affecting the part of the property herein shown as plan …. edged …. on the Registry Map.”
Registration of a preservation order or of a deed or order appointing guardians of a National Monument as a burden will take a form suitably adapted to its category at (b), (c) or (d) of Section 19 of the Act of 1987 as set out above.
There are likely to be a number of folios with burden entries made pursuant to Section 19 of the Act referring to the Commissioners of Public Works in Ireland, as would have been appropriate at the time of registration. Care should be given to ensure all queries, notices and enquiries are directed to:
National Monuments Service, Department of Housing, Local Government and Heritage, Custom House, Dublin 1, D01 W6X0
Email: nationalmonuments@chg.gov.ie
Michael Clarke, Deputy Registrar
2 June 2021