National Monuments (Amendment) Act 2004
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South Eastern Route and National Monuments Acts 1930 to 2004. |
8.—(1) The consent of the Minister under section 14 and any further consent or licence under any other provision of the National Monuments Acts 1930 to 2004 shall not be required in relation to the carrying out of works affecting any national monument in connection with the completion of the South Eastern Route (as described in the Third Schedule of the Roads Act 1993 (declaration of National Roads) Order 1994 ( S.I. No. 209 of 1994 )) by Dun Laoghaire-Rathdown County Council but any such works shall be carried out on the directions of the Minister. | |
(2) In considering to issue directions under subsection (1) of this section— | ||
(a) the Minister is not restricted to archaeological considerations but is entitled to consider the public interest notwithstanding that such exercise may involve— | ||
(i) injury to or interference with a national monument, or | ||
(ii) the destruction in whole or in part of a national monument, | ||
(b) the Minister may have regard to the following to the extent that they appear to the Minister to be relevant in exercising discretion to issue directions in respect of a national monument: | ||
(i) the preservation, protection or maintenance of the archaeological, architectural, historical or other cultural heritage or amenities of, or associated with the national monument, | ||
(ii) the nature and extent of any injury or interference with the national monument, | ||
(iii) any social or economic benefit that would accrue to the State or region or immediate area in which the national monument is situated as a result of the carrying out of the road development, | ||
(iv) any matter of policy of the Government, of the Minister or of any other Minister of the Government, | ||
(v) the need to collect or disseminate information on national monuments or in respect of heritage generally, | ||
(vi) the cost implications (if any) that would, in the Minister's opinion, occur from the issuing of a direction, or not issuing a direction, under subsection (1) of this section. | ||
(3) Where an archaeological object is found as a consequence of work undertaken by Dun Laoghaire-Rathdown County Council relating to work on the South Eastern Route, then section 8 of the National Monuments (Amendment) Act 1994 shall not apply to the land or any premises under which or in the vicinity of which the archaeological object has been found. | ||
(4) Section 50 (1)(b) of the Roads Act 1993 shall not apply in respect of the South Eastern Route. |