Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 24th March, 2023.

I, PASCHAL DONOHOE, Minister for Housing, Local Government and Heritage, in exercise of the powers conferred on me by section 25 (1) of the Tailte Éireann Act 2022 (No. 50 of 2022), having consulted with the chief executive of Tailte Éireann and with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform (as adapted by the Public Expenditure and Reform (Alteration of Name of Department and Title of Minister) Order 2023 ( S.I. No. 19 of 2023 )), hereby order as follows:

1. (1) This Order may be cited as the Tailte Éireann Act 2022 (National Mapping Division) Order 2023.

(2) This Order shall come into operation on 24 March 2023.

2. In this Order -

“cartographic design” is the design process of creating a map to represent geographic information;

“copyright licence” means a licence granted by Tailte Éireann to produce a copy of a product, specified in Part 1 or 3 of Schedule 2, for a specified purpose;

“data licence agreement” means a licence for the use, distribution and access of one or more data sets specified in column 2 of Schedule 3;

“DCM” means a Digital Cartographic Model that is a digital representation of the national map where the data is supplied in raster format after cartographic design has been applied;

“DLM” means a Digital Landscape Model that is a digital representation of the national map, at different resolutions, where the data is supplied in vector format with no cartographic design applied;

“DTM” means a Digital Terrain Model which is a 3 dimensional digital representation of a terrain surface;

“geospatial” means information that describes the location, shape and other characteristics of objects and features on the Earth’s surface;

“GIS” means a Geographic Information System that is designed to capture, store, manipulate, analyse and present geospatial or geographic data;

“PLACE Data” means an extract of topographic data that is readily available for any location within the State;

“PLACE Map” means a topographic map that is readily available for any location within the State;

“Previous Map Revision” is a certified archive map that represents the typography of an area at a particular point in time;

“royalty fee” means a fee that is payable to Tailte Éireann for the publication of specified Tailte Éireann data.

3. Where a person wishes to purchase a hard copy map or publication specified in column 2 of Part 1 of Schedule 1, the fee specified in column 3 of that Part shall be payable to Tailte Éireann in respect of the item specified in column 2 of that Part opposite that fee so specified.

4. Where a person wishes to bulk purchase any 250 or more hard copy maps (other than Compás Personalised Maps) or publications specified in column 2 of Part 1 of Schedule 1, the fee payable to Tailte Éireann shall be calculated in accordance with the discount specified in column 3 of Part 2 of Schedule 1 in respect of the number of items specified in column 2 of that Part opposite the discount so specified.

5. Where a person wishes to purchase a PDF product specified in column 2 of Part 1 of Schedule 2, the fee specified in column 3 of that Part shall be payable to Tailte Éireann in respect of the item specified in column 2 of that Part opposite that fee so specified.

6. Where a person, within 2 weeks of purchasing a PDF product specified in column 2 of Part 1 of Schedule 2, wishes to purchase an additional hard copy of that PDF product, the fee specified in column 3 of Part 2 of Schedule 2 shall be payable to Tailte Éireann in respect of the size of the hard copy item specified in column 2 of that Part opposite that fee so specified.

7. Where a person wishes to purchase a digital product specified in column 2 of Part 3 of Schedule 2, the fee specified in column 3 of that Part shall be payable to Tailte Éireann in respect of the item specified in column 2 of that Part opposite that fee so specified.

8. Where a person wishes to purchase a hard copy of a digital image specified in column 2 of Part 4 of Schedule 2, the fee specified in column 3 of that Part shall be payable to Tailte Éireann in respect of the item specified in column 2 of that Part opposite that fee so specified.

9. Where a person requires a professional service from Tailte Éireann specified in column 2 of Part 5 of Schedule 2, the fee specified in column 3 of that Part shall be payable to Tailte Éireann in respect of the service specified in column 2 of that Part opposite that fee so specified.

10. Where a person wishes to purchase a copyright licence from Tailte Éireann, the fee specified in column 3 of Part 6 of Schedule 2 shall be payable to Tailte Éireann in respect of the copyright licence specified in column 2 of that Part opposite that fee so specified.

11. Where a person wishes to publish data contained in a map or product specified in Part 1 of Schedule 1 or Part 3 or 4 of Schedule 2 in a manner described in column 2 of Part 7 of Schedule 2, the royalty fee shall be calculated by multiplying the amount specified in column 3 of that Part, opposite the description in column 2 of that Part, by the total number of copies to be published and that royalty fee shall be payable to Tailte Éireann, subject to a minimum royalty fee of €35 payable in respect of any request to publish.

12. Subject to Article 13, where a person wishes to enter a data licence agreement with Tailte Éireann, the fee specified in column 3 of Schedule 3 shall be payable to Tailte Éireann in respect of the first year of any such agreement and the fee specified in column 4 of Schedule 3 shall be payable to Tailte Éireann for every subsequent year of such agreement, in respect of the data set specified in column 2 of that Schedule opposite that fee so specified.

13. Where a person wishes to enter a data licence agreement in respect of one or more data sets specified in row 1, 4, 5, 6 or 7 of column 2 of Schedule 3, the combined data sets included in that agreement shall be in respect of an area of at least 50 square kilometres.

14. Where a product specified in Schedule 1 or Part 2 or 4 of Schedule 2 requires handling, dispatch or postage, Tailte Éireann may charge a fee not exceeding the reasonable costs of handling, dispatch or postage.

15. The fees specified in this Order are liable to VAT at the appropriate rate.

SCHEDULE 1

Tourist and Leisure Maps and Publications

Articles 3 and 4

PART 1

Hard Copy Maps and Publications

PART 2

Bulk Purchase of Hard Copy Maps or Publications

SCHEDULE 2

Geospatial Products and Services

Articles 5, 6, 7, 8, 9, 10 and 11

PART 1

PDF Products

PART 2

Additional Hard Copy of PDF Product

PART 3

Digital Products

PART 4

Digital Images - Hard Copy

PART 5

Professional Services

PART 6

Copyright Licence

PART 7

Royalty Fees

SCHEDULE 3

Data Licence Agreements

Articles 12 and 13

The Minister for Public Expenditure, National Development Plan Delivery and Reform consents to the making of the foregoing Order.

GIVEN under my Official Seal,

21 March, 2023.

PASCHAL DONOHOE,

Minister for Public Expenditure, National Development Plan Delivery and Reform.

GIVEN under my Official Seal,

21 March, 2023.

DARRAGH O’BRIEN,

Minister for Housing, Local Government and Heritage

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order sets out the fees payable to Tailte Éireann in respect of the performance by it of certain functions.