Written answer
Heritage Sites
Concerns were raised that automatic protection of pre-1700 roads, boundaries and structures could cause unnecessary referrals, costs and delays. The Minister said draft regulations are under public consultation, with proportionality and workability considered, and that licensing arrangements would reduce duplication and improve archaeological mitigation.
747. Deputy Michael Murphy asked the Minister for Housing, Local Government and Heritage if he is satisfied that the proposed designation of certain pre-1700 roads, field boundaries and structures under the draft Historic and Archaeological Heritage (Prescribed Monuments) Regulations 2026 will not result in unnecessary archaeological referrals, additional costs or delays to housing and infrastructure projects; and the safeguards that will be provided to prevent unintended consequences. [65844/26]
Comment on this
748. Deputy Michael Murphy asked the Minister for Housing, Local Government and Heritage if his Department has undertaken, or plans to undertake, a regulatory impact assessment of the draft Historic and Archaeological Heritage (Prescribed Monuments) Regulations 2026, specifically examining their potential impact on housing delivery, town-centre regeneration, agricultural development and the delivery of transport and utility infrastructure; and if the potential additional workload and associated costs and delays for local authorities, his Department, developers and property owners have been quantified. [65842/26]
Comment on this
I propose to take Questions Nos. 747 and 748 together.
The Historic and Archaeological Heritage Act 2023 was enacted in late 2023 with wide support in the Oireachtas, and my Department is currently engaged in the process of bringing it fully into operation.
A key aspect of the Act is the introduction of a new system under which classes of archaeological and related heritage sites set out in Regulations (“Prescribed Monuments”) made under the Act will be automatically protected. This important innovation will ensure that the potential for gaps in protection of archaeological sites pending entry into the Register of Monuments is minimised and that the statutory scheme for monument protection aligns with the existing long established and successful schemes of automatic protection for archaeological objects and historic wrecks.
My Department is fully aware that the classes of Prescribed Monuments must be determined having regard to considerations of workability and proportionality and that the system would operate efficiently and without undue delay to development schemes. To that end, a public consultation process in relation to the draft Regulations was initiated by my Department, and all submissions will be carefully considered before finalising the contents of the Regulations.
Where a licence has been obtained under the Act for one or more of the activities which are regulated under the Act (which include works to protected monuments, archaeological excavation, archaeological monitoring and geophysical survey for archaeological purposes), the legal requirement to report a find of a prescribed monument will be disapplied. In addition, a single licence issued under the Act will be able to authorise several licensable activities, including works to or archaeological excavation of any newly discovered prescribed monuments, and the new legislation will in fact introduce significant efficiencies in regard to the management of the archaeological mitigation of development projects, while at the same time strengthening protection of our archaeological heritage.