archaeological & built heritage assessment - The Heritage Council

8 Legal and policy framework for the protection of
cultural heritage
Protection of Cultural Heritage
The management and protection of cultural heritage in Ireland is achieved through a framework of
international conventions and national laws and policies (Department of Arts, Heritage, Gaeltacht and the
Islands 1999, 35). This is undertaken in accordance with the provisions of the European Convention on the
Protection of the Archaeological Heritage (Valletta Convention) and European Convention on the Protection of
Architectural Heritage (Grenada Convention). Cultural heritage can be divided loosely into the
archaeological resource covering sites and monuments from the prehistoric period until the post-medieval
period and the built heritage resource, encompassing standing structures and sites of cultural importance
dating from the post-medieval and modern period.
The Archaeological Resource
The National Monuments Acts 1930 to 2004, the Heritage Act 1995, and relevant provisions of the National
Cultural Institutions Act 1997 are the primary means of ensuring the satisfactory protection of
archaeological remains, which are held to include all man-made structures of whatever form or date
except buildings habitually used for ecclesiastical purposes. A national monument is described as ‘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’
(Section 2, National Monument Act, 1930). There are 368 recorded archaeological monuments located
within 500 metres of the waterway (see Appendix 1).
There are a number of mechanisms under the National Monuments Act that are applied to secure the
protection of archaeological monuments. These include the Register of Historic Monuments, the Record
of Monuments and Places (formerly the Sites and Monuments Record), and the placing of Preservation
Orders and Temporary Preservation Orders on endangered sites.
Ownership and Guardianship of National Monuments
National monuments may be acquired by the Minister for Environment and Local Government whether
by agreement or by compulsory order. The State or Local Authority may assume guardianship of any
national monument (other than dwellings). The owners of national monuments (other than dwellings) may
also appoint the Minister or the Local Authority as guardian of that monument if the State or Local
Authority agrees. Once the site is in ownership or guardianship of the State it may not be interfered with
without the written consent of the Minister. There are four sites (Boyle Cistercian Abbey; Abbey of the
Blessed Trinity, Trinity Island; Inchmacnerin Abbey, Church Island and McDermot’s Castle, Castle Island)
in state ownership or in guardianship within the study area.
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