Legislation

Historic Monuments

The Historic Monuments and Archaeological Objects (NI) Order 1995 is one of the primary pieces of legislation used to protect our built heritage.

Article 13 of the Order enables us to protect monuments by taking them into the ownership or guardianship of the Department, for the purpose of securing their protection and providing public access.

Article 3 of the Order allows us to schedule monuments for protection. These monuments remain in their existing ownership, but we can control works through Scheduled Monument consent, help to look after sites through Management Agreements or pursueprosecution where damage has been caused.

The Order also requires us to licence and regulate excavations on archaeological sites under Article 41. There is also an obligation under Article 42 of the Order for finders of archaeological objects to report these to a relevant authority.

The Historic Monuments Council was established under Article 22 of the Historic Monuments and Archaeological Objects (NI) Order 1995. This body advises the Department on the exercise of its powers under the Order.

Historic Buildings Article 42 of The Planning (NI) Order 1991 places a duty on the Department of the Environment (DoE) to compile lists of buildings of special architectural or historic interest. The order gives the Department powers to influence change to these structures through Listed Building Consent, grant aid and enforcement against unauthorized works. The statutory listing page provides more information on the specific articles of the order which apply.

Maritime Sites The Protection of Wrecks Act (1973) provides for the Designation of a wreck on account of the historical, archaeological or artistic importance of the vessel or of the objects associated with it. The Historic Monuments and Archaeological Objects (NI) Order 1995 provides for the protection of all archaeological sites and objects including those on the fore shore and the sea bed. Under the Merchant Shipping Act 1894, objects found in the sea or on the shore must be reported to the Receiver of Wreck based in the Maritime and Coastguard Agency.