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2 1930



Preliminary and General.

Short title.

1. —This Act may be cited as the National Monuments Act, 1930.


2. —In this Act—

the expression “the Minister” means the Minister for Finance;

the expression “the Commissioners” means the Commissioners of Public Works in Ireland;

the expression “local authority” means and includes the council of a county, the council of a county or other borough, and the council of an urban district;

the word “owner” when used in relation to a national monument means the person for the time being having such estate or interest in such monument as entitles him to the actual possession and occupation thereof;

the word “monument” includes any artificial or partly artificial building, structure, or erection whether above or below the surface of the ground and whether affixed or not affixed to the ground and any cave, stone, or other natural product whether forming part of or attached to or not attached to the ground which has been artificially carved, sculptured or worked upon or which (where it does not form part of the ground) appears to have been purposely put or arranged in position and any prehistoric or ancient tomb, grave or burial deposit, but does not include any building which is for the time being habitually used for ecclesiastical purposes;

the expression “national monument” means a monument or the remains of a monument the preservation of which is a matter of national importance by reason of the historical, architectural, traditional, artistic, or archaeological interest attaching thereto and also includes (but not so as to limit, extend or otherwise influence the construction of the foregoing general definition) every monument in Saorstát Eireann to which the Ancient Monuments Protection Act, 1882, applied immediately before the passing of this Act, and the said expression shall be construed as including, in addition to the monument itself, the site of the monument and the means of access thereto and also such portion of land adjoining such site as may be required to fence, cover in, or otherwise preserve from injury the monument or to preserve the amenities thereof;

the word “maintain” when used in relation to a national monument includes the cleaning, repairing, railing off, fencing, and covering in of such monument and the doing of all such other acts and things as may be necessary or expedient for the preservation or, protection thereof, and cognate words shall be construed accordingly;

the expression “archaeological object” means any chattel whether in a manufactured or partly manufactured or an unmanufactured state which by reason of the archaeological interest attaching thereto or of its association with any Irish historical event or person has a value substantially greater than its intrinsic (including artistic) value, and the said expression includes ancient human and animal remains and does not include treasure trove in which the rights of the State have not been waived.


3. —(1) The expenses incurred by the Minister in carrying this Act into execution shall be paid out of moneys provided by the Oireachtas.

(2) The expenses incurred respectively by the Commissioners and the Minister for Education in carrying this Act into effect, shall, to such extent as may be sanctioned by the Minister, be paid out of moneys provided by the Oireachtas.

(3) The expenses incurred by a local authority in carrying this Act into effect shall be raised by means of the poor rate and, in the case of the Council of a county, as a county-at-large charge.

(4) So much of sub-section (1) of section 25 of the Irish Church Act, 1869, as requires the Commissioners to apply the sum paid under that sub-section to their secretary by the Commissioners of Church Temporalities in Ireland in maintaining the churches, buildings, and structures mentioned in that sub-section shall cease to have effect and in lieu thereof it is hereby enacted that the investments and funds held at the passing of this Act by the Commissioners or their secretary and representing the said sum so paid to the said secretary by the Commissioners of Church Temporalities in Ireland shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister shall direct.

(5) The Commissioners or a local authority may accept voluntary contributions of money for or towards the cost of the maintenance by them of any national monument of which they are the owners or the guardians.


4. —The enactments mentioned in the Schedule to this Act are hereby repealed to the extent specified in the third column of the said Schedule.