National Monuments (Amendment) Act , 1994

1 Interpretation.

1.—(1) In this Act except where the context otherwise requires:

“the Act of 1987” means the National Monuments (Amendment) Act, 1987;

“the Director” means the Director of the National Museum of Ireland;

“designated person” has the meaning assigned to it by section 6 of this Act;

“designated place” has the meaning assigned to it by section 6 of this Act;

“functions” includes powers and duties;

“the Minister” means the Minister for Arts, Culture and the Gaeltacht;

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

“water” or “waters” includes—

(a) any (or any part of any) river, stream, lake, canal, reservoir, aquifer, pond, watercourse or other inland waters, whether natural or artificial,

(b) any area submerged at high water of ordinary spring tides, an estuary or arm of the sea and the tidal waters of any channel, creek, bay, inlet or river,

(c) the territorial waters of the State,

(d) the waters in any area standing designated for the time being by an order made under section 2 (3) of the Continental Shelf Act, 1968.

(2) In this Act a reference to an object found in the State includes a reference to an object found in, or floating on or under any waters.

2 Ownership of archaeological object.

2.—(1) Without prejudice to any other rights howsoever arising in relation to any archaeological object found before the coming into operation of this section, there shall stand vested in the State the ownership of any archaeological object found in the State after the coming into operation of this section where such object has no known owner at the time when it was found.

(2) In this section “owner” means the person for the time being having such estate or interest in the archaeological object as entitles him to the actual possession thereof.

3 Waiver of rights of State to ownership of archaeological object.

3.—Whenever, before or after the coming into operation of this section, any archaeological object becomes the property of the State, the Minister, on the advice of the Director, may waive the ownership of the State in such object.

4 Possession, etc. of archaeological object.

4.—(1) No person shall have in his possession or under his control an archaeological object which has been found in the State after the coming into operation of this section unless—

(a) the possession or control is for the purpose of satisfying the provisions of section 23 (as amended by the Act of 1987 and this Act) of the Principal Act, or

(b) the object is one in which the rights of the State have been waived under this Act.

(2) No person shall purchase or otherwise acquire, sell or otherwise dispose of an archaeological object which has been found in the State after the coming into operation of this section unless the object is one in which the rights of the State have been waived under this Act.

(3) Where in a prosecution for an offence under this section possession or control of an archaeological object is proved, it shall be presumed until the contrary is proved that the object was found in the State after the coming into operation of this section.

(4) This section shall not apply to the Director or a designated person.

(5) Subsection (1) of this section shall not apply to persons to whom a licence has been granted under section 26 of the Principal Act in respect of any archaeological object found in pursuance of that licence.

(6) A reference to an offence under the National Monuments Acts, 1930 to 1987, in sections 20, 21 and 22 of the Act of 1987 shall be construed as including an offence under this section.

(7) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence under this section may be instituted within two years from the date of the offence.

5 Reporting of possession, etc. of archaeological object.

5.—(1) No person shall have in his possession or under his control an archaeological object which has been found in the State after the coming into operation of the Principal Act unless it has been reported under section 23 (as amended by the Act of 1987) of the Principal Act or under this section within three months of the coming into operation of this section.

(2) No person shall purchase or otherwise acquire, sell or otherwise dispose of an archaeological object which has been found in the State after the coming into operation of the Principal Act, unless, at the time of purchase, acquisition, sale or disposal or within 30 days thereof he makes a report under subsection (3) of this section to the Director or a designated person of the purchase, acquisition, sale or disposal.

(3) A person who makes a report under subsection (1) or (2) of this section shall—

(a) state his name and address, the nature and description of the archaeological object which he wishes to report,

(b) the circumstances in which he has come into possession or control of that object, and

(c) such other information within his knowledge concerning the object as may be requested by the Director or a designated person,

and, on making that report and providing such information, shall be furnished with a prescribed form.

(4) On being furnished with a prescribed form under subsection (3) of this section, a person shall complete and return it by personal delivery or by pre-paid registered post within seven days of its being so furnished.

(5) The Minister may by regulations prescribe the form to be furnished under subsection (3) of this section and, without prejudice to the generality of the foregoing, such regulations may make provision for ascertaining—

(a) insofar as it can be reasonably ascertained, when the object was found,

(b) the circumstances of the acquisition of the object, and

(c) insofar as it can be reasonably ascertained, where the object was found.

(6) A person who has in his possession or under his control or who purchases or otherwise acquires or sells or otherwise disposes of an archaeological object which has been found in the State since the coming into operation of the Principal Act shall not—

(a) fail to make a report under subsection (1) or (2) of this section, or

(b) wilfully withhold information concerning that archaeological object, or

(c) fail within the period specified in subsection (1) or (2) of this section to return the prescribed form to the Director, or

(d) make a report under this section which is to his knowledge false or misleading in a material respect, or

(e) in contravention of this section, fail or refuse to give to the Director or a designated person information within his knowledge in relation to the archaeological object concerned, or

(f) give to the Director or a designated person information in relation to the archaeological object concerned which is to his knowledge false or misleading in a material respect.

(7) Where in a prosecution for an offence under subsection (1) or (2) of this section possession or control of an archaeological object is proved it shall be presumed until the contrary is proved that the object was found in the State after the coming into operation of the Principal Act.

(8) This section shall not apply to the Director or a designated person.

(9) Subsection (1) of this section shall not apply to persons to whom a licence has been granted under section 26 of the Principal Act in respect of any archaeological object found in pursuance of that licence.

(10) A reference to an offence under the National Monuments Acts, 1930 to 1987, in sections 20, 21 and 22 of the Act of 1987 shall be construed as including an offence under this section.

(11) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence under this section may be instituted within two years from the date of the offence.

(12) This section shall not apply to any archaeological object which has been imported into the State for a period not exceeding two years for the purpose of exhibition, research or restoration, in pursuance of an agreement made between a person outside the State who claims to be the owner of the object and a person in the State who intends to exhibit, carry out research in respect of, or restore the object:

Provided, however, that no such contract may be performed in the State in relation to any object to which this section would otherwise apply unless the terms and conditions of that contract have been approved of in writing by the Director.

6 Appointment of designated persons and places.

6.—(1) The Director may appoint such and so many persons (to be known and in the National Monuments Acts, 1930 to 1994, to be referred to as “designated persons”) for the purposes of exercising any of the functions of the Director under the National Monuments Acts, 1930 to 1994.

(2) For the purposes of the National Monuments Acts, 1930 to 1994, the Minister may designate places (to be known and in the National Monuments Acts, 1930 to 1994, to be referred to as “designated places”) wherein archaeological objects that have been discovered since the coming into operation of this section may be placed for safekeeping.

7 Forfeiture of detection devices and other equipment.

7.—(1) A member of the Garda Síochána may without warrant seize and detain—

(a) a detection device found in, at the site of, or in the vicinity of, a monument referred to in section 2 (1) (a) (i) or (iv) (inserted by the National Monuments (Amendment) Act, 1994) of the Act of 1987, or found in, or in the vicinity of, the areas referred to in section 2 (1) (a) (ii) or (iii) of the Act of 1987 unless the person in possession of the said device is in possession of a consent in respect of that device issued under section 2 (2) (a) of the Act of 1987,

(b) any equipment (being equipment of a kind capable of being used in a contravention of section 3 of the Act of 1987) which he reasonably believes is being used in the commission of an offence under the said section, found in, at, or in the vicinity of—

(i) the site of a wreck, or

(ii) an archaeological object that is lying on, in or under the sea bed or on land covered by water, and

where such wreck or object is in, or in the vicinity of, an area to which this paragraph applies.

(2) A person who obstructs or interferes with a member of the Garda Síochána acting under this section shall be guilty of an offence.

(3) If a person is convicted of an offence under the National Monuments Acts, 1930 to 1994, involving the unlawful use of a detection device or other equipment, the court may order the device or the equipment concerned to be forfeited and either destroyed or otherwise disposed of in such manner as the court may determine.

(4) A court shall not order a detection device or other equipment to be forfeited under this section if a person claiming to be the owner of it or otherwise interested in it applies to be heard by the court, unless an opportunity has been given to him to show cause why the order should not be made.

(5) An order under this section shall not take effect until the ordinary time for instituting an appeal against the conviction or order concerned has expired, or where such an appeal is instituted, until it or any further appeal is finally decided or abandoned or the ordinary time for instituting any further appeal has expired.

(6) The Police (Property) Act, 1897, and, where appropriate, section 25 of the Criminal Justice Act, 1951, shall apply to any detection device or equipment to which this section applies.

(7) In this section “detection device” has the meaning assigned to it by section 2 (8) of the Act of 1987.

(8) Paragraph (b) of subsection (1) of this section applies to all or any of the following areas, namely:

(a) an archaeological area which stands registered in the register by virtue of section 5 of the Act of 1987,

(b) a restricted area,

(c) a monument of which the Commissioners or a local authority are the owners or the guardians or in respect of which a preservation order is in force,

(d) a monument recorded under section 12 of this Act.

8 Inspection and excavation by Director.

8.—(1) Where the finding of an archaeological object has been reported to the Director or a designated person under the provisions of the National Monuments Acts, 1930 to 1994, the Director may inspect, or cause to be inspected by a designated person, the land or premises under which or in the vicinity of which the said object has been found.

(2) The Director or a designated person may enter on any lands or premises and there do all such things as may be reasonably necessary for performing his functions under the National Monuments Acts, 1930 to 1994, including carrying out an inspection or excavation where the Director considers that an archaeological object or the site thereof is in immediate danger of destruction or decay.

(3) No person shall impede the Director or a designated person in the exercise of his functions under this section.

9 Power to take possession of archaeological object.

9.—(1) Subject to subsection (2) of this section, where it is reported to the Director or a designated person that any archaeological object has been found in the State after the coming into operation of this section that has no known owner, the Director shall, as soon as practicable, take possession of such object and may retain it on behalf of the State.

(2) This section shall not apply to an archaeological object which, in the opinion of the Director, is not of sufficient archaeological or historical interest to justify its retention by the State.

10 Payment to person finding archaeological object.

10.—(1) The Director may, following consultation with the Minister and the Minister for Finance and with their consent given in writing, pay to each or any of the following, namely, the person who has found an archaeological object, the owner of the land and the occupier of the land on or under which such object was found, a reward where the object is retained by the Director on behalf of the State.

(2) The payment of a reward under subsection (1) of this section shall not confer any rights in respect of an archaeological object on the person who has found the object or on the owner or occupier of the land on or under which the object was discovered.

(3) The Director shall take account of all or any of the following criteria in deciding whether or not to pay a reward under subsection (1) of this section, namely:

(a) the intrinsic value and the general historical and archaeological importance of the object found;

(b) the circumstances of the finding of the object;

(c) the amount of the rewards paid in the State in respect of the finding of other comparable archaeological objects.

(4) Nothing in this section shall impose an obligation on the Director to pay a reward unless he is satisfied that it is in the public interest to do so.

(5) This section shall not apply to the finder of any archaeological object found while digging or excavating under, or in pursuance of, a licence issued under section 26 of the Principal Act.

11 Acquisition of national monument, etc. by Commissioners.

11.—(1) The Commissioners may, with the consent of the Minister and the Minister for Finance, acquire by agreement or compulsorily in accordance with the Schedule to this Act all or any of the following, namely:

(a) any monument that is, in their opinion, a national monument,

(b) part of such a monument,

(c) any land that is in the vicinity of such a monument and is intended to be used by them for the provision of facilities deemed appropriate by the Minister for persons having access to the monument under the National Monuments Acts, 1930 to 1994,

(d) any right, easement, title or interest of any kind in, over or in respect of such a monument or land,

(e) any easement over land to provide access to or service for such a monument, or part of monument or any land being acquired under this section,

and the Commissioners may so acquire any such monument or land whether they or a local authority are or are not the guardians of the monument and whether a preservation order is or is not in force in regard thereto.

(2) Section 6 of the National Monuments (Amendment) Act, 1987, is hereby repealed.

12 Recorded monuments.

12.—(1) The Commissioners shall establish and maintain a record of monuments and places where they believe there are monuments and the record shall be comprised of a list of monuments and such places and a map or maps showing each monument and such place in respect of each county in the State.

(2) The Commissioners shall cause to be exhibited in a prescribed manner in each county the list and map or maps of that county drawn up under subsection (1) of this section and shall publish in a prescribed manner information about when and where the lists and maps may be consulted.

(3) When the owner or occupier (not being the Commissioners) of a monument or place which has been recorded under subsection (1) of this section or any person proposes to carry out, or to cause or permit the carrying out of, any work at or in relation to such monument or place, he shall give notice in writing of his proposal to carry out the work to the Commissioners and shall not, except in the case of urgent necessity and with the consent of the Commissioners, commence the work for a period of two months after having given the notice.

(4) In this section “prescribed” means prescribed by regulations made under this section by the Minister.

13 Offences and penalties.

13.—A person who contravenes section 4 (1), 4 (2), 5 (1), 5 (2), 5 (6), 7 (2), 8 (3), or 12 (3) of this Act shall be guilty of an offence and shall be liable—

(a) on summary conviction, to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a term not exceeding 12 months or to both, or

(b) on conviction on indictment, to a fine not exceeding £50,000 or, at the discretion of the court, to imprisonment for a term not exceeding 5 years or to both.

14 Amendment of section 2 of Principal Act.

14.—Section 2 of the Principal Act is hereby amended by the substitution of the following definition for the definition of “archaeological object”: