National Monuments (Amendment) Act , 1987

1 Definitions.

1.—(1) In this Act—

“the Acts” means the National Monuments Acts, 1930 and 1954;

“archaeological area” means an area which the Commissioners consider to be of archaeological importance but does not include the area of a historic monument standing entered in the Register;

“historic monument” includes a prehistoric monument and any monument associated with the commercial, cultural, economic, industrial, military, religious or social history of the place where it is situated or of the country and also includes all monuments in existence before 1700 A.D. or such later date as the Minister may appoint by regulations;

“underwater heritage order” means an order under section 3 of this Act;

“the Principal Act” means the National Monuments Act, 1930;

“the Register” means the Register of Historic Monuments established under section 5 of this Act;

“restricted area” means an area standing designated in an underwater heritage order;

“sea” includes any area submerged at high water of ordinary spring tides, an estuary or an arm of the sea and the tidal waters of any channel, creek, bay or river, and "sea bed" shall be construed accordingly;

“territorial waters of the State” means the territorial seas of the State for the purposes of the Maritime Jurisdiction Act, 1959, and the internal waters of the State for the purposes of that Act;

“wreck” means a vessel, or part of a vessel, lying wrecked on, in or under the sea bed or on or in land covered by water, and any objects contained in or on the vessel and any objects that were formerly contained in or on a vessel and are lying on, in or under the sea bed or on or in land covered by water.

(2) References in sections 2 and 3 of this Act to the prescribed fee are references to the fee prescribed under section 24 of this Act.

2 Restriction on use of detection devices.

2.—(1) Subject to the provisions of this section a person shall not—

(a) use or be in possession of a detection device—

(i) in, or at the site of, a monument of which the Commissioners or a local authority are the owners or guardians or in respect of which a preservation order is in force or which stands registered in the Register, or

(ii) in an archaeological area that stands registered in the Register, or

(iii) in a restricted area,

or

(b) use, at a place other than a place specified in paragraph (a) of this subsection, a detection device for the purpose of searching for archaeological objects, or

(c) promote, whether by advertising or otherwise, the sale or use of detection devices for the purpose of searching for archaeological objects.

(2) (a) Upon application in writing therefor to the Commissioners by any person and upon being furnished by him with such information as they may reasonably require and upon payment to them by the person of the prescribed fee (if any), the Commissioners may, at their discretion, subject to paragraph (b) of this subsection, grant or refuse to grant their consent in writing to a person—

(i) authorising the use by (as may be specified in the consent) either that person or that person and his servants and agents of (as may be specified in the consent) one detection device or one specified detection device or one detection device of a specified class, kind or type, for the purpose of searching for archaeological objects at a specified place (not being a place specified in subsection (1) (a) of this section), or

(ii) authorising the use and possession by (as may be specified in the consent) either that person or that person and his servants and agents of (as may be specified in the consent) one detection device or one specified detection device or one detection device of a specified class, kind or type, at a place specifiedin the consent (being a place specified in the said subsection (1) (a)).

(b) A decision to grant or refuse to grant a consent under this subsection in relation to a national monument of which a local authority are the owners or the guardians shall be made, and the consent shall be granted or refused, jointly by the Commissioners and the authority.

(c) A consent under this subsection shall remain in force for such period as may be specified in the consent.

(d) A consent under this subsection may—

(i) be made subject to such conditions as the Commissioners, or the Commissioners and the local authority concerned, as may be appropriate, think fit and specify in the consent, and

(ii) be revoked in writing at any time by the Commissioners or the Commissioners and the local authority concerned, as may be appropriate, and the revocation shall take effect at the time when the person named in the consent is notified of the revocation.

(3) Where an application is made to the Commissioners for a consent under subsection (2) of this section—

(a) the Commissioners or the Commissioners and the local authority concerned, as may be appropriate, shall, within three months of the receipt by them of the application—

(i) either grant or refuse to grant the application, and

(ii) notify in writing the person who made the application of their decision,

and

(b) if the person who made the application is not notified as aforesaid of their decision, the Commissioners, or the Commissioners and the local authority concerned, as may be appropriate, shall be deemed to have granted the consent without conditions.

(4) An application to the Commissioners under subsection (2) of this section shall be sent to the Commissioners by registered post or delivered by hand to an officer of the Commissioners at the head office of the Commissioners.

(5) A person who contravenes subsection (1) of this section or a condition of a consent under this section shall be guilty of an offence.

(6) Where in a prosecution for an offence under this section it is proved that a detection device was being used, it shall be presumed until the contrary is proved that the device was being used for the purpose of searching for archaeological objects.

(7) It shall be a defence for a person charged with an offence under subsection (5) of this section to show that the act constituting the offence—

(a) was the subject of a consent under this section granted to him, or to a person in relation to whom he was acting asservant or agent at the time of the commission of the act, and in force at that time and was not a breach of a condition of the consent, or

(b) was authorised by a prospecting licence granted under Part II of the Minerals Development Act, 1940.

(8) In this section “detection device” means a device designed or adapted for detecting or locating any metal or mineral on or in the ground, on, in or under the sea bed or on or in land covered by water, but does not include a camera.

3 Protection of sites of historic wrecks.

3.—(1) Where the Commissioners are satisfied in respect of any place on, in or under the sea bed of the territorial waters of the State or on, in or under the sea bed to which section 2 (1) of the Continental Shelf Act, 1968, applies or on or in land covered by water that—

(a) it is or may prove to be the site where a wreck or an archaeological object lies or formerly lay, and

(b) on account of the historical, archaeological or artistic importance of the wreck or the object, the site ought to be protected,

they may by order (in this section referred to as “an underwater heritage order”) designate an area of the sea bed, or land covered by water, around and including the site as a restricted area.

(2) The following provisions shall apply in relation to an underwater heritage order (and paragraphs (c) and (d) of this subsection shall apply in relation to an order revoking such an order):

(a) the restricted area shall be specified in the order and shall be of such size as the Commissioners think necessary for the protection of the site concerned,

(b) the order shall come into operation on the day specified in that behalf therein, or, if no such day is specified, on the seventh day after the day on which it is made,

(c) the order shall, as soon as may be after it is made, be published in Iris Oifigiúil and in one or more newspapers circulating in the district in which the restricted area aforesaid is situated or, in case the restricted area concerned is an area of the sea bed, which is nearest to the restricted area concerned,

(d) a copy of the order shall, as soon as may be after it is made, be deposited—

(i) with the county registrar for any county or county borough in which the restricted area aforesaid, or any part of it, is situated or, in case the said restricted area is an area of the sea bed, with the county registrar for the county or county borough which is nearest to the said restricted area,

(ii) with the District Court Clerk of any District Court district within which the restricted area aforesaid, or any part of it, is situated or, in case the said restricted area is an area of the sea bed, which is nearest to the said restricted area, and

(iii) in every Garda Síochána station situated in the District Court district aforesaid,

and a copy so deposited shall be made available for inspection, and may be inspected by members of the public during ordinary office hours,

(e) the Commissioners may by order revoke the order.

(3) Subject to the provisions of this section, a person shall not, in a restricted area, do any of the following, that is to say:

(a) tamper with, damage or remove any part of a wreck or any archaeological object,

(b) carry out diving, survey or salvage operations directed to the detection, location or exploration of a wreck or archaeological object or to recovering it or a part of it from, or from under, the sea bed or from land covered by water, as the case may be, or use equipment constructed or adapted for any purpose of diving, survey or salvage operations, or

(c) deposit, so as to fall and lie abandoned on the sea bed or land covered by water, as the case may be, anything which, if it were to fall on the site of a wreck or archaeological object (whether it so falls or not), would wholly or partly obliterate the site or obstruct access to it, or damage any part of the wreck or object.

(4) Subject to the provisions of this section, a person, shall not, at the site of a wreck (being a wreck which is more than 100 years old), or of another object (being an archaeological object), that is lying on, in or under the sea bed or on or in land covered by water—

(a) tamper with, damage or remove any part of the wreck or archaeological object,

(b) carry out diving, survey or salvage operations, directed to the exploration of the wreck or archaeological object or to recovering it or a part of it from, or from under, the sea bed or from land covered by water, as the case may be, or use equipment constructed or adapted for any purpose of diving, survey or salvage operations, or

(c) deposit, so as to fall and lie abandoned on the sea bed or land covered by water, as the case may be, anything which, if it were to fall on the site (whether it so falls or not) would wholly or partly obliterate the site or obstruct access to it, or damage any part of the wreck or object.

(5) (a) Upon application therefor to the Commissioners by any person and upon being furnished by him with such information in relation to the application as they may reasonably require and upon payment to them by the person of the prescribed fee (if any), the Commissioners may, at their discretion, after consultation with (in the case of an application relating to the sea bed) the Minister for the Marine and with such other (if any) persons having a special knowledge of or interest in the matter as they consider ought to be consulted, grant or refuse to grant a licence in writing to a person authorising the doing by (as may be specified in the licence) that person or that person and hisservants and agents, subject to such conditions as the Commissioners may think fit and specify in the licence—

(i) in a specified restricted area or a specified part of such an area of the acts specified in paragraphs (a), (b) and (c) of subsection (3) of this section or of such of them as may be specified, or

(ii) at a specified site to which subsection (4) of this section applies or at a specified part of such a site of the acts specified in paragraphs (a), (b) and (c) of subsection (4) of this section or of such of them as may be specified.

(b) A licence under this subsection shall remain in force for such period as may be specified in the licence.

(c) A licence under this subsection may—

(i) be made subject to such conditions (if any) as the Commissioners think fit and specify in the licence, and

(ii) may be revoked at any time by the Commissioners and the revocation shall take effect at the time when the person named in the licence is notified of the revocation or at such later time as may be specified in the revocation.

(d) Where an application is made to the Commissioners for a licence under this subsection—

(i) they shall, within three months of the receipt by them of the application—

(I) either grant or refuse to grant the application, and

(II) notify in writing the person who made the application of their decision,

and

(ii) if the person who made the application is not notified as aforesaid of their decision, the Commissioners shall be deemed to have granted the licence, without conditions.

(e) An application to the Commissioners for a licence under this subsection shall be sent to the Commissioners by registered post or delivered by hand to an officer of the Commissioners at the head office of the Commissioners.

(6) A person who finds a wreck (being a wreck which is more than 100 years old) or other object (being an archaeological object) that is lying on, in or under the sea bed or on or in land covered by water, shall, within 4 days after such finding, make a report of the finding to a member of the Garda Síochána or to the Commissioners and shall, when making the report, give to the member or to the Commissioners his name and address, state the nature of the wreck or other object and the time and place at which and the circumstances in which it was found by him and shall also (and whether he has or has not made such report as aforesaid and irrespective of the person to whom he has made such report (if any)) give to any member of the GardaSíochána or to an officer of the Commissioners on request any information within his knowledge in relation to the wreck, or other object.

(7) A person who contravenes subsection (3), (4) or (6) of this section or a condition of a licence under subsection (5) of this section, shall be guilty of an offence.

(8) It shall be a defence for a person charged with an offence under this section to show that the act constituting the offence was the subject of a licence under this section granted to him, or to a person in relation to whom he was acting as servant or agent at the time of the commission of the act, and in force at that time.

(9) It shall be a defence for a person charged with an offence under this section to show that the act constituting the offence was done by him—

(a) in the course of any action taken by him for the sole purpose of dealing with an emergency of any description, or

(b) out of necessity due to stress of weather or navigational hazards.

(10) If wreck that is an archaeological object and was removed from a restricted area is in the possession of the receiver of wreck for any district and no person establishes a claim under the Merchant Shipping Act, 1894, to the ownership of the wreck within one year after it came into the possession of the said receiver, the said receiver shall, as the Director of the National Museum may request, either—

(a) deliver the wreck to the Director of the National Museum who, as soon as may be after such delivery, shall—

(i) retain it on behalf of the State, and

(ii) pay—

(I) to the said receiver, any expenses incurred by him, and his fees, in relation to the wreck, and

(II) to any salvors of the wreck, such amount of salvage as appears to the Director of the National Museum to be reasonable in all the circumstances,

or

(b) sell the wreck and pay the proceeds of the sale (after deducting therefrom the expenses of the sale and any other expenses incurred by him, and his fees, in relation to the wreck and paying to any salvors of the wreck such amount of salvage as appears to the Director of the National Museum to be reasonable in all the circumstances) to the Minister for Finance.

(11) (a) Proceedings for an offence under this section committed in an area consisting of part of the sea bed may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the State.

(b) Proceedings for an offence under this section committed in an area consisting of land that is covered by water and is situated in two or more District Court districts, may be taken, and the offence may for all incidental purposes betreated as having been committed, in any one of those districts.

(12) Section 2 (1) of this Act and subsections (3) and (4) of this section shall not apply to a member of the Garda Síochána, or a member of the Defence Forces, on duty, or to a person while acting on the instructions of the Commissioners.

4 The Historic Monuments Council.

4.—(1) The Minister shall establish by order a council which shall be known as “the Historic Monuments Council” and is in this section referred to as “the Council”.

(2) It shall be the function of the Council to advise and assist the Commissioners in relation to any matter respecting the carrying into execution of the provisions of the National Monuments Acts, 1930 to 1987, or any other matter affecting historic monuments or other archaeological areas or wrecks, and their protection and preservation and the Council shall, if requested by the Commissioners to do so, advise them in relation to any specified such matter as aforesaid.

(3) The members of the Council shall be appointed from time to time as occasion requires by the Minister and shall consist of—

(a) a representative of the Taoiseach nominated by the Taoiseach,

(b) a representative of the Minister for the Marine nominated by the Minister for the Marine,

(c) a representative of the Minister for the Environment nominated by the Minister for the Environment,

(d) a representative of the Commissioners nominated by the Commissioners,

(e) a representative of each of the following bodies nominated by the body of which he is the representative, namely:

(i) Trinity College, Dublin,

(ii) University College, Dublin,