National Monuments (Amendment) Act, 1987 (Section 19) – Legal Office Notice 16 September 1988

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Section 19 of the National Monuments (Amendment) Act, 1987 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 appointing the Commissioners of Public Works in Ireland or a local authority to be the guardians of a National Monument situated on the land
  4. An order under Section 9 of the National Monuments Act 1930 appointing the said Commissioners to be guardians of a National Monument situated on the land

The Commissioners are obliged to establish and maintain a register known as The Register of Historic Monuments and to enter on it the name, location and a brief description of:

  1.  The historic monuments in the State which are known to them upon the Commencement of Section 5 of the said Act of 1987
  2. The other archaeological areas in the State which are known to them upon such commencement
  3. Any historic monuments or other archaeological areas, which become known to them after such commencement, and which in their opinion should be so entered

The Commissioners are also obliged as soon as may be after the establishment of the Register of Historic Monuments to cause to be published in Iris Oifigiuil a list specifying the historic monuments and archaeological areas then entered in the Register (except 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.

An application by the Commissioners for registration in the Land Registry as a burden on registered land of the entry in the Register of Historic Monuments will be made by lodging a copy of Iris 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 Registration of such entry as a burden on a folio may be cancelled on application by the Commissioners 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 in the Register of Historic Monuments will take the following form:

  • An Entry has been made in the Register of Historic Monumentsmaintained by the Commissioners of Public Works in Ireland under the National Monuments (Amendment) Act, 1987 affecting the part of the property herein shown as plan ……..edged …….. on the Registry Map O.S.

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.

Deputy Registrar

16 September 1988