Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023

Type Act

Publication 2023-10-13

Last updated 2025-12-31

State In force

Source Irish Statute Book

articles 282

(b) Where the identity of the possessor of a cultural object is not known, proceedings in rem may be brought in the relevant court in respect of that object.

(3) Notwithstanding any provision of the Statute of Limitations 1957, a claim under the Convention may be brought within the time limits provided for in the Convention and, accordingly, no provision of that Act shall operate or have effect so as to extinguish the title of the owner of a cultural object in respect of which a claim is, or may be, made under the Convention where such claim is, or would be, in accordance with the time limits provided in the Convention.

(4) The reference in subsection (3) to “time limits provided for in the Convention” means those time limits provided for in paragraphs 3 and 4 of Article 3 of the Convention unless a declaration is made by the State in accordance with paragraphs 5 and 6 of Article 3 of the Convention, in which case the reference in subsection (3) to “time limits provided for in the Convention” shall mean the time limits provided for in paragraphs 3 and 4 of Article 3 of the Convention as so modified by reason of the making of that declaration.

(5) A declaration referred to in subsection (4) shall not be made unless the Minister has made an order stating that such a declaration will be made.

(6) Subject to section 121(1) and (2), in determining a claim under the Convention in respect of a cultural object, the relevant court shall apply the provisions of the Convention notwithstanding that the requirements of this Act, or any other enactment or a rule of law, might otherwise prevent the return of that object.

121. Possessor of stolen or illegally exported cultural object and compensation

121. (1) (a) Subject to paragraph (b), notwithstanding Article 4 of the Convention, no compensation shall be payable to the possessor of a stolen cultural object.

(b) Paragraph (a) shall not be construed to exclude any remedy arising under this Act, or another enactment or a rule of law, which the possessor of a cultural object may have as against any prior transferor other than the contracting state or other person making a claim under the Convention in respect of the stolen cultural object concerned.

(2) (a) Subject to paragraph (b), notwithstanding Article 6 of the Convention, compensation shall not be payable by a contracting state to the possessor of an illegally exported cultural object unless the relevant court considers it fair and reasonable that such payment should be made and, in its discretion, makes an order to that effect.

(b) The relevant court shall not make an order referred to in paragraph (a) unless it appears to the court that the possessor of an object—

(i) has acted in good faith at all material times,

(ii) neither knew nor ought reasonably to have known at the time of acquisition of the object that it had been illegally exported, and

(iii) is not the person who illegally exported the object from the requesting state.

(3) Where compensation is ordered to be paid in the circumstances referred to in subsection (2), only such amount as appears to the relevant court to be fair and reasonable shall be ordered to be paid and compensation at the market value of the object shall not be necessary.

(4) Without prejudice to subsections (1) to (3), no compensation shall be ordered by the relevant court to be paid to the possessor of a cultural object unless the possessor applies to the court for it to be paid prior to the making by the court of any order for the return of the object to the requesting state, and the burden of establishing or proving an entitlement to compensation on the making of such application shall be on the possessor.

122. Provisions supplementary to sections 120 and 121

122. (1) The burden of proof in relation to all matters arising under proceedings relating to a claim under the Convention shall be on the balance of probabilities.

(2) Any question as to whether a cultural object is a stolen cultural object for the purposes of the Convention, including for the purposes of Article 3(2) of the Convention, shall be determined by the relevant court on the basis of the law of the place where it is alleged the object was stolen.

(3) Any question as to whether a cultural object is an illegally exported cultural object for the purposes of the Convention shall be determined by the relevant court on the basis of the law of the place from which the cultural object was exported.

(4) Subject to the other provisions of this Chapter, an order requiring the return of a cultural object made consequent on a claim under the Convention brought in accordance with section 120(1) may be on such terms and subject to such conditions as the relevant court considers fair and reasonable and specifies in the order.

(5) Where any claim for the return of a cultural object comes within the scope of Directive 2014/60/EU of the European Parliament and of the Council of 15 May 2014^8 on the return of cultural objects unlawfully removed from the territory of a Member State and amending Regulation (EU) No. 1024/2012 (Recast), then, notwithstanding the provisions of this Chapter, that Directive and the European Union (Return of Foreign Cultural Objects) Regulations 2016 (S.I. No. 53 of 2016) shall apply to the claim in place of the provisions of this Chapter and of the Convention.

(6) Notwithstanding the other provisions of this Chapter, a contracting state or other person seeking the return of a cultural object, whether situated within or outside the State, may, in addition or in the alternative, rely on this Act, or another enactment or a rule of law, whether in the same proceedings as a claim under the Convention or otherwise, but the failure of any such reliance shall in no way hinder or prevent a claim under the Convention.

(7) The possessor of a cultural object and the contracting state or other person seeking its return may agree to submit a claim under the Convention in respect of such object to an arbitration procedure under the Arbitration Act 2010 and, accordingly, in such event the provisions of that Act shall apply.

123. Interim and interlocutory orders

123. (1) The relevant court may, on an application being made to it pursuant to this Chapter in respect of a cultural object, make such interim or interlocutory orders as it considers appropriate, including such orders relating to the custody, safeguarding or examination of, or access to, or the restraint of any dealing with, the object, including the sale, transfer or export of the object.

(2) In subsection (1), “dealing” means giving, selling, accepting or purchasing, whether or not for valuable consideration, and includes arranging or organising any dealing in a cultural object.

124. Rules of court

124. Rules of court shall make provision—

(a) as to the manner and form in which proceedings under this Chapter are to be commenced, and

(b) as to what may be received as evidence in such proceedings and the manner in which it is to be presented.

Chapter 10

125. Definitions - Chapter 10

125. In this Chapter—

“Convention” means the UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property done in Paris on 17 November 1970 (the text of which is set out, in the English language and for ease of reference, in Schedule 6);

“state party” means a state which is bound by the Convention;

“stolen” means stolen under the law at the place where the theft took place.

126. Minister shall prescribe cultural property for purposes of Convention

126. (1) There shall, as soon as is practicable after the commencement of this section, be prescribed the classes of objects that fall within the scope of Article 1 of the Convention as cultural property for the purposes of the Convention.

(2) In prescribing classes of objects under subsection (1), the Minister shall have regard to whether objects of any such class are, or would be if brought within the State, of a class specified in subsection (3) or, notwithstanding that they are not situated within the State, are comparable to a class specified in subsection (3).

(3) The classes of objects specified for the purposes of subsection (2) are—

(a) archaeological objects,

(b) objects which are articles to which Part IV of the Act of 1997 applies under section 49(1) of that Act,

(c) objects of a class or classes appropriate for entry in the register of cultural objects established under section 48(1) of the Act of 1997 (and whether or not any such objects have been so entered),

(d) objects of a class or classes appropriate for entry in the record of cultural objects established under section 48(2) of the Act of 1997 (and whether or not any such objects have been so entered),

(e) objects which are cultural goods for the purposes of Council Regulation (EC) No. 116/2009 of 18 December 2008^9 on the export of cultural goods,

(f) objects to which the European Communities (Return of Foreign Cultural Objects) Regulations 2016 (S.I. No. 53 of 2016) apply, and

(g) objects which are cultural goods for the purposes of Regulation (EU) 2019/880 of the European Parliament and of the Council of 17 April 2019^10 on the introduction and the import of cultural goods.

127. Minister may prescribe requirements for certification of exports of cultural property

127. (1) Subject to subsection (2), for the purposes of compliance by the State with the requirements of Article 6 of the Convention, there may be prescribed procedures and requirements under which cultural property, being cultural property which falls within a class of objects prescribed under section 126 as cultural property for the purposes of the Convention, which is exported shall be accompanied by a certificate specifying that the export is authorised under the law of the State.

(2) There may be prescribed exemptions from the procedures and requirements referred to in subsection (1) in the case of cultural property which cannot be exported except pursuant to—

(a) a licence, or

(b) a licence granted under the Act of 1997.

128. Prohibition of import of certain categories of stolen cultural property

128. (1) In this section, “cultural property” means cultural property designated for the purposes of Article 1 of the Convention by a state party other than the State.

(2) A person shall not import, or direct or authorise the importation of, cultural property stolen from a museum or a religious or secular public monument or similar institution in a state party other than the State.

129. Prohibition of possession of, or dealing in, certain categories of cultural property

129. (1) In this section—

“cultural property” means cultural property prescribed by the Minister under section 126 or, in relation to cultural property brought into the State from another state party (whether directly or through another state), means cultural property designated by the appropriate authority in that state party;

“deal” means give, sell, accept or purchase, whether or not for valuable consideration, and includes arranging or organising any dealing in cultural property.

(2) A person shall not be in possession of or deal in cultural property that—

(a) has been stolen within or outside the State,

(b) has been illegally exported from another state, or

(c) has been exported or had its ownership transferred where, in either case, this was done under compulsion and arose directly or indirectly from the occupation of a state by another state,

knowing that, or being reckless as to whether, the cultural property was stolen or had been illegally exported or that the circumstances referred to in paragraph (c) applied to the cultural property.

130. Regulations regarding sale of cultural property

130. For the purposes of compliance with Article 10(a) of the Convention (in particular, providing for the register referred to in that Article), there may be prescribed requirements to be complied with by any person engaged in the sale of, or dealing with, cultural property which falls within a class of objects prescribed under section 126 as cultural property for the purposes of the Convention.

Chapter 11

131. Non-application of market overt rule and rule relating to sale under voidable title in certain cases

131. (1) Where an archaeological object, historic object, or object removed from a monument to which general protection applies or special protection applies, is sold without the relevant authorisation, section 22(1) or 23 of the Sale of Goods Act 1893, or any rule of law relating to sale in market overt or sale under voidable title, shall not apply to the sale of that object so as to give good title to the purchaser of that object.

(2) Subsection (1) is in addition to, and not in substitution for, section 56 of the Criminal Justice (Theft and Fraud Offences) Act 2001.

(3) In this section, “relevant authorisation”, in relation to the sale of an object referred to in subsection (1), means a sale of the object pursuant to an authorisation given—

(a) by the owner of the object or another person entitled to authorise the sale, and

(b) freely and without fraud, deception, misrepresentation, duress or undue influence.

PART5 Wrecks and other Elements of Underwater Cultural Heritage

Chapter 1

132. Definitions - Chapter 1

132. In this Chapter, “relevant wreck” means—

(a) a wreck 100 or more years old, or

(b) a wreck that is otherwise of archaeological or historic interest.

133. Application of Chapter 2 of Part 4, section 112 and Schedule 4 to relevant wrecks

133. (1) Subject to section 4(4)(b) and subsection (2), and without prejudice to the rights of the State to unclaimed wreck under the Act of 1993, or any other rights of the State arising in relation to wreck, the provisions of Chapter 2 of Part 4, section 112 and Schedule 4 shall, with all necessary modifications, apply to a relevant wreck as those provisions apply to an archaeological object and, for the purposes of such application, references in section 112 to a relevant archaeological object (within the meaning of section 95) shall be deemed to be a reference to a relevant wreck which is, or is required to be, the subject of a preliminary report referred to in section 13(2)(b).

(2) Subject to subsection (3), the Board shall not, pursuant to subsection (1), exercise a power under section 99 except with the consent of the Minister.

(3) Where the relevant wreck is the subject of an order under section 96(7), the Board shall not exercise a power under section 99 in contravention of any conditions specified in the order.

(4) Where the Board is unable under subsection (1) to exercise a power under section 99 in relation to a relevant wreck because of any conditions referred to in subsection (3), the Board may, with the consent of the Minister, apply to the court which made the order concerned under section 96(7) to vary the conditions specified in the order so as to remove that inability.

134. Salvage payments

134. (1) (a) A person shall not be entitled to a salvage payment in respect of any of the objects specified in subsection (2) for the purposes of this subsection except an entitlement to a salvage payment that arises from a contract for salvage the provisions of which do not contravene a provision of this Act.

(b) Paragraph (a) shall not be construed to mean that a contract for salvage the provisions of which do not contravene a provision of this Act is, by reason of that fact alone, lawful or otherwise enforceable.

(2) The objects specified for the purposes of subsection (1) are—

(a) a wreck 100 or more years old, including any object removed from the wreck whether or not having been part of the wreck,

(b) an archaeological object that is 100 or more years old, and

(c) a registered monument, including any object removed from the monument whether or not having been part of the monument.

135. Special protection to be applied to relevant wrecks, etc.

135. Section 30 shall be deemed to apply to—

(a) a wreck 100 or more years old, and

(b) a registered monument, or a prescribed monument, that is situated on, in or under land covered by water.

136. Prohibited activities in vicinity, etc., of relevant wreck, etc.

136. (1) Subsection (2) applies to each of the following things:

(a) a wreck 100 or more years old;

(b) a registered monument, or a prescribed monument, that is situated on, in or under land covered by water;

(2) A person shall not, except under and in accordance with a licence, do any of the following (in this section referred to as a “relevant activity”) at, on, in, over, under or in the vicinity of a thing to which this subsection applies:

(a) dive or direct or authorise diving;

(b) use or possess, or direct or authorise the use or possession of, diving, survey or salvage equipment;

(c) dump or deposit, or direct or authorise the dumping or deposition of, any thing whether or not it interferes with or causes damage to the thing;

(d) interfere, remove or tamper in any way (whether with or without causing damage) with the thing.

(3) (a) Subject to paragraph (b), this section (apart from this subsection) does not apply to—

(i) the authorisation of a proposal for the carrying out of a relevant activity, or

(ii) the authorisation of the carrying out of a relevant activity,

where such authorisation (whether a licence, consent, approval, permission, or other authorisation) is granted, issued or given under an enactment (other than this Act) only for the purpose of making lawful the doing of an act as part of, or pertaining to, such activity which would otherwise, in the absence of such authorisation, be unlawful under that enactment.

(b) The disapplication, effected by paragraph (a), of this section to an authorisation referred to in that paragraph shall not be construed to also disapply this section to—

(i) the proposal for the carrying out of the relevant activity, or

(ii) the carrying out of the relevant activity,

to which that authorisation relates.

Chapter 2

137. Interpretation - Chapter 2

137. (1) In this Chapter—

“Area” has the same meaning it has in the UNESCO Convention;

“continental shelf of a state party” means any area of sea bed over which a state party exercises sovereign rights under Part VI of the UN Convention;

“continental shelf of the State” means a designated area of the continental shelf within the meaning of the Act of 2021 and, for the purposes of this Act, includes the land underlying that area;

“exclusive economic zone of a state party” means the area beyond and adjacent to the territorial seas of a state party subject to the specific legal regime established in Part V of the UN Convention;

“exclusive economic zone of the State” shall be construed in accordance with section 13 of the Act of 2021;

“relevant person” means—

(a) either—

(i) an Irish citizen, or

(ii) a person ordinarily resident in the State,

(b) the master of an Irish vessel,

(d) a legal person (not being a body corporate referred to in paragraph (c)), whether incorporated or unincorporated, established or otherwise based in the State for the purpose of engaging in activities directed at underwater cultural heritage to which this Chapter applies and regardless of whether or not it is established or otherwise based in the State for any other purpose;

“state party” means a state which has consented to be bound by the UNESCO Convention other than the State;

“UN Convention” means the United Nations Convention on the Law of the Sea (UNCLOS) done at Montego Bay on 10 December 1982;

“UNESCO Convention” means the UNESCO Convention on the Protection of the Underwater Cultural Heritage done at Paris on 6 November 2001 (the text of which is set out, in the English language and for ease of reference, in Schedule 7).

(2) For the purposes of this Chapter, a person shall be deemed to be ordinarily resident in the State if he or she has had his or her principal residence in the State for the period of 12 months immediately preceding the alleged contravention concerned of a provision of this Chapter.

(3) (a) Subject to paragraph (b), a word or expression that—

(i) is used in this Chapter,

(ii) is not defined in section 2 or subsection (1), and

(iii) appears in the UNESCO Convention,

has the meaning it has in the UNESCO Convention.

(b) A word or expression that—

(i) is used in this Chapter,

(ii) is not defined in section 2 or subsection (1), and

(iii) appears in the UNESCO Convention but has the meaning it has in the UN Convention,

has the meaning it has in the UN Convention.

138. Carrying out by relevant persons of activities directed at underwater cultural heritage beyond the limits of territorial seas

138. (1) In this section, “relevant area” means any area of sea or sea bed which is outside the contiguous zone and is not within the territorial seas, archipelagic waters or internal waters of another state.

(2) A relevant person shall not authorise or carry out, or knowingly permit to be authorised or carried out, in a relevant area activities directed at underwater cultural heritage other than under and in accordance with—

(a) a licence, or

(b) an authorisation granted pursuant to Article 10 or 12 of the UNESCO Convention by the Minister or the appropriate person in a state party.

139. Reporting of discovery of underwater cultural heritage or intention to engage in activities directed at underwater cultural heritage in exclusive economic zone of State, etc.

139. (1) (a) A relevant person who discovers underwater cultural heritage in the exclusive economic zone of the State or on the continental shelf of the State shall give notice in the specified form to the Minister of that discovery as soon as is practicable but, in any case, not later than 14 days after the discovery.

(b) Where a relevant person who is the master of an Irish vessel knows that a person on the vessel has, during the course of his or her stay on the vessel, discovered underwater cultural heritage in the exclusive economic zone of the State or on the continental shelf of the State, the master shall give notice in the specified form to the Minister of that discovery as soon as is practicable but, in any case, not later than 14 days after he or she has such knowledge (and whether or not that second-mentioned person is also a relevant person who must give notice under paragraph (a) of the discovery).

(2) (a) A relevant person who, pursuant to an authorisation referred to in section 138(2)(b)(being an authorisation granted by the appropriate person in a state party), intends to engage in activities directed at underwater cultural heritage in the exclusive economic zone of the State or on the continental shelf of the State shall not start to engage in those activities until 3 months after the expiration of the date on which he or she has given notice in the specified form to the Minister of that intention.

(b) Where a relevant person who is the master of an Irish vessel knows that a person on the vessel intends, during the course of his or her stay on the vessel, to engage in activities directed at underwater cultural heritage in the exclusive economic zone of the State or on the continental shelf of the State, the master shall give notice in the specified form to the Minister of that intention as soon as is practicable but, in any case, not later than 14 days after he or she has such knowledge (and whether or not that second-mentioned person is also a relevant person who must give notice under paragraph (a) of the intention).

(3) (a) A relevant person who, whether or not pursuant to a licence, or an authorisation referred to in section 138(2)(b), discovers underwater cultural heritage in the exclusive economic zone of a state party or on the continental shelf of a state party shall give notice in the specified form to the Minister of that discovery as soon as is practicable but, in any case, not later than 14 days after the discovery.

(b) (i) Subject to subparagraphs (ii) and (iii), a relevant person who intends to engage in activities directed at underwater cultural heritage in the exclusive economic zone of a state party or on the continental shelf of a state party shall not start to engage in those activities until 3 months after the expiration of the date on which he or she has given notice in the specified form to the Minister of that intention.

(ii) Subject to subparagraph (iii), subparagraph (i) shall apply notwithstanding that such relevant person engages in such activities pursuant to an authorisation referred to in section 138(2)(b) granted by a state party other than the Minister.

(iii) Subparagraph (i) shall not apply where such relevant person engages in such activities pursuant to a licence or an authorisation referred to in section 138(2)(b) granted by the Minister.

(c) Where a relevant person who is the master of an Irish vessel knows that a person on the vessel has, during the course of his or her stay on the vessel, discovered underwater cultural heritage in the exclusive economic zone of a state party or on the continental shelf of a state party, the master shall give notice in the specified form to the Minister of that discovery as soon as is practicable but, in any case, not later than 14 days after he or she has such knowledge (and whether or not that second-mentioned person is also a relevant person who must give notice under paragraph (a) of the discovery).

(d) Where a relevant person who is the master of an Irish vessel knows that a person on the vessel intends, during the course of his or her stay on the vessel, to engage in activities directed at underwater cultural heritage in the exclusive economic zone of a state party or on the continental shelf of a state party, the master shall give notice in the specified form to the Minister of that intention as soon as is practicable but, in any case, not later than 14 days after he or she has such knowledge (and whether or not that second-mentioned person is also a relevant person).

(4) The giving of a notice under subsection (1), (2) or (3) to the Minister does not preclude a specified form referred to in that subsection from requiring a relevant person to give copies of the notice to such other persons (if any) who are specified in the form.

(5) The Minister may, when given a notice under subsection (1), (2) or (3), give a copy of the notice or any information contained in it to such other persons as the Minister considers appropriate and permit such other persons to make available such notice or information, as the case may be, to any other appropriate person.

(6) The Minister shall, as soon as practicable after being given a notice under subsection (1), (2) or (3), give a copy of the notice to the Board.

140. Protection of underwater cultural heritage in exclusive economic zone of State, etc.

140. (1) In this section, “relevant area” means—

(a) the exclusive economic zone of the State, or

(b) the continental shelf of the State.

(2) Where—

(a) there is a discovery of underwater cultural heritage in a relevant area, or

(b) it is intended that an activity be directed at underwater cultural heritage in a relevant area,

the State shall, in respect of that discovery or activity, as the case may be, act as the Coordinating State for the purposes of Article 10 of the UNESCO Convention unless the Minister, having consulted such persons as he or she considers appropriate, makes an order declaring that the State shall not so act.

141. Protection of underwater cultural heritage in exclusive economic zone of state party, etc.

141. (1) In this section, “relevant area” means—

(a) the exclusive economic zone of a state party, or

(b) the continental shelf of a state party.

(2) Where—

(a) there is a discovery of underwater cultural heritage in a relevant area, or

(b) it is intended that an activity be directed at underwater cultural heritage in a relevant area,

the Minister may, in respect of that discovery or activity, as the case may be, pursuant to paragraph 3(b) of Article 10 of the UNESCO Convention, and having consulted such persons as he or she considers appropriate, accept, on behalf of the State, the appointment of the State as the Coordinating State for the purposes of that Article.

(3) An acceptance under subsection (2) shall be done by the Minister by way of an order.

142. Reporting of discovery of underwater cultural heritage or intention to engage in activities directed at underwater cultural heritage in the Area

142. (1) (a) A relevant person who, whether or not pursuant to a licence, or an authorisation referred to in section 138(2)(b), discovers underwater cultural heritage in the Area shall give notice in the specified form to the Minister of that discovery as soon as is practicable but, in any case, not later than 14 days after the discovery.

(b) Where a relevant person who is the master of an Irish vessel knows that a person on the vessel has, during the course of his or her stay on the vessel, discovered underwater cultural heritage in the Area, the master shall give notice in the specified form to the Minister of that discovery as soon as is practicable but, in any case, not later than 14 days after he or she has such knowledge (and whether or not that second-mentioned person is also a relevant person who must give notice under paragraph (a) of the discovery).

(2) (a) (i) Subject to subparagraphs (ii) and (iii), a relevant person who intends to engage in activities directed at underwater cultural heritage in the Area shall not start to engage in those activities until 3 months after the expiration of the date on which he or she has given notice in the specified form to the Minister of that intention.

(iii) Subparagraph (i) shall not apply where such relevant person engages in such activities pursuant to a licence or an authorisation referred to in section 138(2)(b) granted by the Minister.

(b) Where a relevant person who is the master of an Irish vessel knows that a person on the vessel intends, during the course of his or her stay on the vessel, to engage in activities directed at underwater cultural heritage in the Area, the master shall give notice in the specified form to the Minister of that intention as soon as is practicable but, in any case, not later than 14 days after he or she has such knowledge (and whether or not that second-mentioned person is also a relevant person who must give notice under paragraph (a) of the intention).

(3) The giving of a notice under subsection (1) or (2) to the Minister does not preclude a specified form referred to in that subsection from requiring a relevant person to give copies of the notice to such other persons (if any) who are specified in the form.

(4) The Minister may, when given a notice under subsection (1) or (2), give a copy of the notice or any information contained in it to such other persons as the Minister considers appropriate and permit such other persons to make available such notice or information, as the case may be, to any other appropriate person.

143. Protection of underwater cultural heritage in the Area

143. (1) Where—

(a) there is a discovery of underwater cultural heritage in the Area, or

(b) it is intended that an activity be directed at underwater cultural heritage in the Area,

the Minister may, in respect of that discovery or activity, as the case may be, pursuant to paragraph 2 of Article 12 of the UNESCO Convention, and having consulted such persons as he or she considers appropriate, accept, on behalf of the State, the appointment of the State as Coordinating State for the purposes of that Article.

(2) An acceptance under subsection (1) shall be done by the Minister by way of an order.

144. Powers of Minister where State is Coordinating State under Article 10 or 12 of UNESCO Convention

144. (1) Subject to subsection (2), when the State is, under section 141 or 143, the Coordinating State for the purposes of Article 10 or 12, as appropriate, of the UNESCO Convention, the Minister may exercise on behalf of the State all the powers of a Coordinating State under that Convention, including the granting of authorisations under that Article.

(2) The provisions of Part 7 shall, with all necessary modifications, apply to the granting of authorisations referred to in subsection (1) by the Minister as if such authorisations were licences in respect of which the Minister were the licensing authority within the meaning of that Part and, in any such case, the other provisions of this Act (including Part 10) shall, with all necessary modifications, apply accordingly.

145. Provisions supplementary to section 144

145. (1) The Minister shall, in deciding whether or not to grant an authorisation under Article 10 or 12 of the UNESCO Convention, act in conformity with that Convention.

(2) Subject to subsection (1), the Minister may grant an authorisation under Article 10 or 12 of the UNESCO Convention subject to any condition to which a licence might be made subject.

(3) A person who accepts a grant by the Minister of an authorisation under Article 10 or 12 of the UNESCO Convention shall be bound by it as if the person had been granted a licence.

146. Provisions relating to acceptance by relevant person of grant by state party of authorisation under Article 10 or 12 of UNESCO Convention

146. (1) In this section, “state party” includes a person within a state party who is authorised under the law of that state party to grant authorisations under Article 10 or 12 of the UNESCO Convention.

(2) Subject to subsection (3), a relevant person who accepts a grant from a state party of an authorisation under Article 10 or 12 of the UNESCO Convention shall be bound by it under the law of the State as if he or she had been granted a licence.

(3) Subsection (2) shall not apply in the case of an authorisation referred to in that subsection which was granted otherwise than in accordance with the UNESCO Convention.

147. Restriction on import of underwater cultural heritage

147. A person shall not import underwater cultural heritage into the State knowing it to be underwater cultural heritage, or being reckless as to whether it is underwater cultural heritage, other than under and in accordance with a licence.

148. (1) A person shall not, other than under and in accordance with a licence—

(a) undertake or carry out, or direct or authorise the undertaking or carrying out of, archaeological excavation,

(b) undertake or carry out, or direct or authorise the undertaking or carrying out of, archaeological monitoring,

(c) search for or collect, or direct or authorise the searching for or collection of, archaeological objects lying exposed on the surface of land, whether or not any such object is known to be on, in or under that land,

(d) search for, or direct or authorise the searching for, wrecks one hundred or more years old or archaeological objects or prescribed monuments, or other relevant things of archaeological interest, situated on, in or under the sea bed or land covered by water, whether or not the wrecks, objects, monuments or things, as the case may be, are known to be on, in or under the sea bed or that land where, or in respect of which, the searching takes place,

(e) be in possession of a detection device in, at, on, over or above, or within the immediate surroundings of, a registered monument or a wreck one hundred or more years old, or

(f) use, or direct or authorise the use of, a detection device for the purpose of identifying, locating (including searching for), investigating, surveying or recording any archaeological object or monument or relevant thing of archaeological interest, whether or not such object, monument or thing, as the case may be, is known to be on, in or under land where, or in respect of which, such use takes place.

(2) (a) A person shall not sell or otherwise supply a detection device except in a container or other packaging that is clearly and legibly marked (whether by means of a sticker, tag or otherwise) with the prescribed warning in relation to the use of that device in contravention of a provision of this Act.

(b) The prescribed warning, which shall be in the Irish language and the English language, shall specify—

(i) that the use of a detection device in the State, in certain circumstances specified in this Act, requires a licence,

(ii) that the possession of a detection device in, at, on, over or above a registered monument or a wreck one hundred or more years old requires a licence, and

(iii) that a breach of a requirement referred to in subparagraph (i) or (ii) is a criminal offence.

(3) The prescribed warning referred to in subsection (2) shall not be construed to prejudice the generality of subsection (1) .

(4) A person shall not promote, whether by advertising or otherwise, the sale or use of detection devices for the purpose of searching for archaeological objects unless the promotion concerned is accompanied by the prescribed warning referred to in subsection (2) applicable to the medium in which the promotion is made.

PART 7 Licences

Chapter 1

149. Interpretation - Part 7

149. (1) In this Part—

“Act of 2015” means the Legal Services Regulation Act 2015;

“appeals officer” means a person appointed under section 156(1) to be an appeals officer;

“applicant”, in relation to an application, means the person who made the application;

“application” means an application under section 150(1);

“competence” includes experience, knowledge, skills and qualifications (including professional or academic qualifications) relevant to any matter to which an application relates;

“legal practitioner” means a person who is a practising barrister or practising solicitor within the meaning of the Act of 2015;

“licensing authority”, in relation to a licence, means—

(a) subject to paragraphs (b) to (d), the Minister,

(b) in the case of a licence referred to in section 82(h) where the bye-law maker referred to in that section is the Commissioners, the Commissioners,

(c) in the case of a licence referred to in section 82(h) where the bye-law maker referred to in that section is a local authority, the local authority, or

(d) in the case of a licence referred to in section 116(2), the Board;

“Regulations of 2017” means the European Union (Recognition of Professional Qualifications) Regulations 2017 (S.I. No. 8 of 2017);

“related activity”, in relation to a licensable activity, means an activity that is not a licensable activity but is an activity that reasonably needs to be carried out in conjunction with, or consequential upon, the carrying out of the licensable activity, and includes—

(a) the preparation or publication of any report, or

(b) the study, analysis or protection of any object.

(2) (a) Subject to paragraph (b), a licence may be granted in respect of 2 or more licensable activities but only by the same licensing authority.

(b) Paragraph (a) shall not apply to a licence referred to in section 116(2).

Chapter 2

150. Application for licence

150. (1) A person may make an application in the specified form to the licensing authority for the licence specified in the application in respect of the licensable activity specified in the application.

(2) Without prejudice to the generality of subsection (3) or section 223 and subject to the Regulations of 2017, an application may require any of the following information to be provided in relation to any matter to which the application relates:

(a) information relating to the competence of the applicant or persons acting on his or her behalf;

(b) information relating to the previous record (if any) of the applicant (other than information relating to a spent conviction as construed in accordance with section 5 of the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016), or persons acting on his or her behalf, of compliance or non-compliance with—

(i) a new authorisation or old authorisation,

(ii) an enforcement notice,

(iii) the provisions of this Act, or

(iv) the provisions of an enactment repealed by section 7;

(c) without prejudice to the generality of paragraph (b), information relating to whether the applicant, or a person acting on his or her behalf, has been—

(i) convicted of an offence under this Act or, under the law of a territory other than the State, convicted of an offence that corresponds to the first-mentioned offence,

(ii) convicted of an offence under an enactment repealed by section 7 or, under the law of a territory other than the State, convicted of an offence that corresponds to the first-mentioned offence,

(iii) the subject of any civil proceedings under this Act or, under the law of a territory other than the State, the subject of proceedings that correspond to the first-mentioned proceedings,

(iv) the subject of any civil proceedings under an enactment repealed by section 7 or, under the law of a territory other than the State, the subject of proceedings that correspond to the first-mentioned proceedings,

(v) given an enforcement notice under this Act, or, under the law of a territory other than the State, given a notice that corresponds to the first-mentioned notice,

(vi) the licensee under a relevant licence revoked or suspended under a relevant enactment;

(d) information relating to the manner in which the applicant or persons acting on his or her behalf proposes or propose to carry out the licensable activity, including any related activity, and his or her, or their, respective competence relevant to any such activity;

(e) information relating to the funding or supporting of the carrying out of the licensable activity, including any related activity;

(f) information relating to whether the applicant, or a person acting on his or her behalf, has been convicted on indictment of an offence relating to fraud or dishonesty or, under the law of a territory other than the State, convicted of an offence that corresponds to such conviction;

(g) a valid tax clearance certificate (or a copy thereof) in respect of the applicant.

(3) Where an application is made to the licensing authority, the authority may, by notice in writing given to the applicant and subject to the Regulations of 2017, require the applicant to provide in the specified form, or by affidavit, such additional information in relation to any matter to which the application relates as the authority reasonably considers necessary to assist him or her to determine the application.

(4) An application shall be accompanied by the prescribed fee (if any).

(5) The reference in subsection (2)(b) to non-compliance shall be construed to include a reference to aiding, abetting, counselling or procuring non-compliance or conspiring in non-compliance.

(6) The licensee under a licence shall not be entitled solely by reason of the licence to carry out the licensable activity concerned.

(7) In this section—

“relevant enactment” means this Act or an enactment repealed by this Act;

“relevant licence” means a licence granted under a relevant enactment.

151. Grant or refusal of licence, etc.

151. (1) Subject to subsections (2) to (9) and section 153, the licensing authority shall determine an application for a licence by—

(a) granting the licence in respect of all or any of the licensable activities specified in the application to the applicant subject to such conditions (if any) attached to the licence as the authority thinks appropriate, or

(b) giving a notice in writing to the applicant refusing to grant the licence in respect of all or any of the licensable activities specified in the application.

(2) When the licensing authority grants a licence to which conditions are attached, or refuses to grant a licence in respect of all or any of the licensable activities specified in the application for the licence, the authority shall, at the same time, give the applicant notice in writing of the reasons for the conditions or refusal, as the case may be.

(3) (a) Subject to paragraph (b), the licensing authority shall, in determining an application, take into account all of the information given to the licensing authority under section 150 in relation to the application but have particular regard to the protection of the archaeological, architectural or historic or other cultural or scientific interest, or the amenities, or any combination thereof, of a monument, wreck or archaeological object to which the application relates.

(b) Other factors that the licensing authority shall have regard to for the purposes of paragraph (a) are as follows:

(i) the outcome or result of any assessment of competence conducted pursuant to section 152, whether in respect of the applicant or any person acting on his or her behalf;

(ii) the provisions of any code of practice;

(iii) the provisions of—

(I) any international convention referred to in this Act, and

(II) any other treaty or international convention to which the State is a party in any case where the provisions are aimed at promoting or securing the protection of the archaeological, architectural or other historic heritage;

(iv) the public interest, including—

(I) the cultural, scientific, social or economic value of the licensable activity in respect of which the licence is sought, and

(II) the cultural, scientific, social or economic value of any development that the licensable activity is intended to facilitate or allow to proceed;

(v) any economic or other loss (including a loss of amenity) which would be incurred if the licence concerned were not granted;

(vi) the extent to which any existing lawful activity would be curtailed or discontinued if the licence concerned were not granted and, in that respect, for how long that lawful activity has been conducted;

(vii) the extent to which any prior lawful activity which had an economic or other benefit would again become lawful if the licence concerned were granted and, in that respect, for how long that prior lawful activity was conducted;

(viii) the extent to which there are, or are not, practical alternatives to what is intended to be achieved if the licence concerned is granted;

(ix) the extent to which the licensable activity is or would be the subject of regulation by another enactment or the subject of a scheme enforceable at law.

(4) Without prejudice to the generality of subsection (1)(a), conditions which may be attached to a licence include any of the following:

(a) conditions relating to the manner in which the licensable activity and any related activity is to be carried out, including any specifications regarding the persons or categories of persons to carry out any such activity or their numbers and level of competence or the manner in which any such activity is to be commissioned or funded;

(b) conditions requiring the carrying out (whether prior to, during the course of, or subsequent to, the carrying out of the licensable activity the subject of the licence) of any other licensable activity, a related activity or any action or activity relating to the protection or recording of any element of historic heritage including, without prejudice to the generality of the foregoing, the doing of anything referred to in section 28(5)(a) to (d);

(c) conditions requiring that the licensable activity and any related activity are to be carried out in accordance with any information (including any information as revised by the licensing authority) regarding the manner in which it is proposed to carry out any such activity which was submitted with the application or subsequently submitted by the applicant;

(d) conditions requiring that the licensing authority or the State be indemnified by the applicant, or any other person specified in the licence, against any claim for loss or damages arising from the carrying out of the licensable activity or any related activity;

(e) without prejudice to the generality of paragraph (d), conditions relating to the lodgement of bonds, in accordance with the prescribed procedures applicable to such lodgement and the use and return (whether in whole or in part) of such bonds, for the purpose of being applied (whether in whole or in part) towards—

(i) the satisfaction of a claim referred to in that paragraph, or

(ii) the continuation or completion of the carrying out of the licensable activity and any related activity due to the inability of the licensee to do that (whether by reason of the death or bankruptcy of the licensee or the insolvency or winding up of the licensee or any other reason);

(f) without prejudice to the generality of paragraph (e), conditions relating to the provision of insurance cover for the purpose of the satisfaction (whether in whole or in part) of a claim referred to in paragraph (d);

(g) conditions relating to requiring the applicant to submit reports to the licensing authority or other relevant bodies on the various stages of the carrying out of the licensable activity or related activity;

(h) conditions relating to the contents of reports referred to in paragraph (g);

(i) conditions relating to requiring the applicant to submit copies to the licensing authority of reports on the various stages of the carrying out of the licensable activity or related activity in cases where those reports are required to be made under another enactment;

(j) conditions relating to advising the licensing authority of any subsequent adverse material change in the circumstances of the applicant, or of the licensable activity or any related activity, that will or may affect the satisfactory carrying out of that activity, including any period within which that activity is required to be carried out;

(k) conditions relating to the storage or treatment of objects which are or may be archaeological objects found during the course of carrying out a licensable activity and any related activity, including such storage or treatment after the carrying out of the activity;

(l) conditions relating to the safekeeping of records compiled during the course of carrying out the licensable activity and any related activity, including such safekeeping after the carrying out of the activity;

(m) conditions requiring the applicant to seek a new authorisation relating to any aspect of the licensable activity or related activity where the particulars of such aspect are not sufficiently known, at the time the application for the licence is made, for the licensing authority to give appropriate consideration to that aspect;

(n) conditions relating to the assignment of numbers to different aspects of the licensable activity or related activity;

(o) conditions relating to requiring the publication, in any medium, of a report on, or other account of, the licensable activity and any related activity or the dissemination of any information on any such activity and the results or other information or knowledge arising from it;

(p) conditions relating to requiring the restoration or repair of any land in the course of or at the conclusion of the carrying out of the licensable activity and any related activity and the subsequent conservation or protection of such land.

(5) (a) For the purposes of paragraph (b) of subsection (4), a reference to “monument” in section 28(5) includes a reference to any thing to which section 136(2) applies.

(b) A reference in subsection (4) to “licensable activity” includes a reference to any activity (and whether or not the activity is a licensable activity) required to be carried out by reason of a condition under paragraph (b) of that subsection.

(c) A reference in subsection (4) to “applicant” includes a reference to any person engaged by or acting on behalf of the applicant including a person who is or will be in charge or responsible for any activity (and whether or not the activity is a licensable activity) required to be carried out by reason of a condition under paragraph (b) of that subsection.

(6) (a) A licence shall not operate to make lawful a licensable activity other than—

(i) a licensable activity specified by the applicant in his or her application and which is authorised under the licence, or

(ii) another licensable activity required to be carried out by reason of a condition under paragraph (b) of subsection (4) if, and only if, that condition specifies that such activity may be carried out without a licence that is in addition to the licence in which that condition is specified.

(b) A specification under paragraph (a)(ii) may be subject to such limitations as the licensing authority determines.

(7) Without prejudice to the generality of subsection (1)(b), the licensing authority may refuse to grant a licence if the authority is satisfied that the carrying out of the licensable activity concerned (including any activity, whether or not the activity is a licensable activity, required to be carried out by reason of a condition under paragraph (b) of subsection (4)) is so much within the control or remit of one or more than one person other than the applicant for the licence that, in the interests of assisting in the satisfactory carrying out of that activity, that other person needs, or those other persons need, as the case may be, to make an application for the licence jointly with, or in place of, the applicant.

(8) Without prejudice to the generality of subsection (1)(b), the licensing authority may refuse to grant a licence if the authority is satisfied that the non-compliance referred to in section 150(2)(b) by the applicant or persons acting on his or her behalf, whether alone or in conjunction with other matters that the authority shall or may take into account, in accordance with the provisions of this Act, in determining the application, warrants such refusal.

(9) (a) The licensing authority shall, before determining the application for the licence, ensure that, if the relevant provisions of Part 5 of the Habitats Regulations apply, those provisions have been complied with and, if an AA has been carried out, that the licence, if granted, and the conditions (if any) attached to the licence are compatible with such AA.

(b) Where, in respect of the application for the licence, an EIA or an AA is required to be carried out—

(i) the licensing authority shall endeavour to co-ordinate the carrying out of the assessment (including any public participation that is required), and

(ii) the Minister may prescribe the procedures to facilitate the carrying out of the assessment (including any public participation that may be required).

(c) The Minister shall publish a notice of (and containing) his or her screening determination for AA made for the purposes of paragraph (a) in such form and manner as he or she considers appropriate including publication on the website of the Department, together with information on the procedure for seeking to have the decision judicially reviewed.

(10) (a) Subject to paragraph (b) and subsection (11), a licence shall not be construed to authorise the demolition of a prescribed monument the existence of which was not known to the Minister before the licence was granted.

(b) Paragraph (a) shall not operate to prevent the demolition of a prescribed monument referred to in that paragraph pursuant to—

(i) other provisions of this Act, or

(ii) a licence granted, or amended, after the existence of the monument became known to the Minister.

(11) The demolition of a prescribed monument referred to in subsection (10) does not include—

(a) archaeological excavation,

(b) works (including dismantling) carried out to the monument for the purpose of repairing, restoring or protecting the monument, or

(i) the repair of the monument,

(ii) the protection of the monument,

(iii) the preservation of the health or safety or welfare of members of the public, or

(iv) the provision of access, by members of the public, to the monument.

(12) Where the Minister proposes to grant a licence and is of the opinion that the licensable activity which, if the licence were granted, would be authorised to be carried out by the licence may have significance to another state, he or she may, at his or her discretion, consult with an authority in that state, being an authority that has responsibilities as regards historic heritage in that state, in order to obtain the authority’s views (if any) on such activity.

152. Assessment of competence

152. (1) There may from time to time be prescribed procedures for—

(a) assessing (or, where appropriate, reassessing) the competence of an applicant in so far as such competence relates to the relevant activity,

(b) assessing (or, where appropriate, reassessing) the competence of any person who will be acting on behalf of an applicant in so far as such competence relates to the relevant activity, and

(c) a review, initiated by the applicant, of a decision on such competence where the applicant is aggrieved by the decision.

(2) Without prejudice to the generality of subsection (1), the reference to procedures in that subsection includes a reference to the interviewing of an applicant, or any person who will be acting on his or her behalf if the licence is granted, by a person who falls within a prescribed category of persons, being persons who have competence in the licensable activity (whether by reason of qualifications attained or practical experience or a combination of both).

(3) The licensing authority may, at the authority’s discretion, decline to consider any application for a licence until the applicant, or any person who will be acting on his or her behalf if the licence is granted, has had his or her competence assessed by way of the prescribed procedures.

(4) The prescribed procedures shall take into account, and not be inconsistent with, the Regulations of 2017.

(5) In this section, “relevant activity” means—

(a) a licensable activity,

(b) a related activity or any activity (whether or not the activity is a licensable activity) required to be carried out by reason of a condition under paragraph (b) of subsection (4) of section 151, or

(c) an activity (whether or not the activity is a licensable activity) required to be carried out by reason of a condition under section 28(2)(a) or (4).

153. Consultation

153. (1) The Minister shall consult the Board before the Minister grants a licence.

(2) The consultation referred to in subsection (1) shall consist of the Minister giving the Board a copy of the application for the licence concerned and all other information under section 150 that the Minister receives that relates to the application.

(3) The Minister shall, before he or she grants a licence, consider any views on the merits of the application submitted to him or her by the Board if such views are submitted to the Minister—

(a) within the period prescribed for the purposes of this subsection for the class of licences (which may be identified by reference to a class of licensable activities) into which that licence falls, or

(b) if no such period is prescribed, not later than 21 days from the date of consultation or such longer period as may, in any particular case, be agreed between the Minister and the Board.

(4) The reference to an application in subsection (3) includes any documents submitted to the Minister by the applicant and which relate to the application, whether or not any of those documents were submitted to the Minister together with the application.

(5) This section shall not apply in the case of a new authorisation referred to in section 151(4)(m).

154. Revocation or suspension, etc., of licence

154. (1) Subject to subsection (4), the licensing authority may, by notice in writing given to the licensee under a licence granted by the authority, revoke or suspend the licence, or vary the conditions (if any) attached to the licence, with effect from the date, or the occurrence of the event, specified in the notice for the purpose, if the authority is satisfied that—

(a) a condition attached to the licence has been contravened,

(b) a provision of this Act has been contravened in the course of carrying out the licensable activity,

(c) any of the information given to the authority under section 150 in relation to the application for the licence was false or misleading in a material particular, or

(d) there has been an adverse material change in the circumstances of the licensee, or of the licensable activity or any related activity (including the site of the activity), that will or may affect the satisfactory carrying out of that activity, including any period within which that activity is required to be carried out.

(2) The licensing authority shall, in a notice under subsection (1) given to the licensee under a licence, state the reasons for giving the notice.

(3) A suspension under subsection (1) of a licence may relate only to part of the licensable activity or activities the subject of the licence and shall cease with effect on the date, or the occurrence of the event, specified in the notice for the purpose.

(4) Subject to subsection (5), the licensing authority shall not give a notice under subsection (1) to the licensee under a licence unless, in the interests of procedural fairness, the authority has first—

(a) given the licensee a notice in writing stating the nature of the first-mentioned notice that the authority is minded to give to the licensee and the reason why the authority is so minded, and

(b) given the licensee a reasonable opportunity, in the circumstances concerned, to make representations in writing to the authority on what is stated in the notice first-mentioned in paragraph (a).

(5) The licensing authority need not comply with subsection (4) in the case of the suspension of a licence if—

(a) the authority is satisfied that the end for which such suspension is sought is a matter of such urgency that the delay entailed in complying with that subsection may defeat that end, and

(b) the notice under subsection (1) effecting such suspension is accompanied by a notice stating—

(i) the end referred to in paragraph (a) and the authority’s reason for such suspension, and

(ii) that the licensee may make representation in writing to the authority on that end and that reason.

Chapter 3

155. Assignment of licence

155. (1) This section applies where the licensee under a licence (in this section referred to as the “proposed assignor”) wishes to assign the licence to another person (in this section referred to as the “proposed assignee”).

(2) The proposed assignor and the proposed assignee shall make a joint application under section 150(1) for the consent in writing of the licensing authority which granted the licence to the proposed assignor and, in the case of such application, sections 150 and 152 and the other provisions of this Part applicable to an application and its determination under section 151 shall, with all necessary modifications, apply accordingly.

(3) Upon the assignment of a licence in accordance with the consent referred to in subsection (2)—

(a) the assignee shall, not later than 21 working days after such assignment takes effect, give notice in writing to the licensing authority (and, if different) the Board of the date on which the assignment took effect, and

(b) the assignee shall become the licensee under the licence but without prejudice to the assignor’s liability for acts done, or omissions made, in his or her capacity as the licensee under the licence, prior to the assignment of the licence, and the other provisions of this Act shall, with all necessary modifications, apply to the assignor and the assignee accordingly.

(4) The licensing authority may attach conditions to a consent referred to in subsection (2).

(5) The assignment of a licence purporting to be effected without the consent referred to in subsection (2), or in contravention of the conditions (if any) attached to the consent, shall be void.

(6) The Minister shall, as soon as is practicable after giving a consent referred to in subsection (2), give notice in writing to the Board of such consent (including particulars of the licence, the assignee and the assignor concerned).

(7) Where the licensing authority attaches conditions to a consent referred to in subsection (2), or refuses to give such consent, the authority shall, as soon as is practicable after making such decision, give the assignor and assignee or, as the case requires, the proposed assignor and the proposed assignee, notice in writing of the reasons for the conditions or refusal, as the case may be.

(8) References in this Act to the grant of a licence shall include references to the assignment of a licence in any case where the licence has been assigned or reassigned in accordance with this section.

Chapter 4

156. Appeals officers

156. (1) The Minister, after having consulted with the Board on a proposed appointment under this subsection and considered its views (if any) on such appointment, may appoint one or more persons in respect of whom the Minister is satisfied that they have knowledge or experience relevant to a matter to which a licence may relate, or who are legal practitioners, to be appeals officers.

(2) An appeals officer shall hold office for a term of 5 years.

(3) An appeals officer shall be paid such remuneration (if any) and such allowances for expenses as the Minister specifies in writing with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform.

(4) An appeals officer may—

(a) resign from office by letter addressed to the Minister and the resignation shall take effect on the date on which the Minister receives the letter, or

(b) be removed from office by the Minister but only if, in the opinion of the Minister, he or she has become incapable through ill-health of effectively performing his or her functions under this Act or has committed stated misbehaviour.

(5) An appeals officer shall be independent in the performance of his or her functions under this Act.

157. Appeals

157. (1) Without prejudice to the generality of section 223, an applicant who is aggrieved by a decision of the licensing authority to—

(a) refuse to grant a licence,

(b) attach conditions to his or her licence,

(d) attach conditions to a consent referred to in section 155(2),

may appeal in the specified form (which shall state the grounds of appeal relied upon by the applicant) against the decision to an appeals officer.

(2) The appeals officer to whom an appeal has been made shall give a copy of the appeal to the licensing authority who made the decision that is the subject of the appeal.

(3) The licensing authority shall give observations in writing relating to the grounds of appeal to the appeals officer and a copy of such observations to the appellant concerned and the appellant shall be afforded a reasonable opportunity to reply thereto.

(4) The appeals officer may, in determining an appeal—

(a) confirm the decision of the licensing authority, or

(b) recommend that the decision of the licensing authority should be set aside or be varied in such particulars as the officer considers appropriate,

and shall give notice in writing of his or her determination and the reasons for it to the appellant and the licensing authority.

(5) Where the licensing authority does not accept the recommendation of the appeals officer under subsection (4)(b), the authority shall give notice in writing to the appeals officer and the appellant of his or her decision not to accept such recommendation and the reasons for not accepting the recommendation.

(6) An appellant may withdraw an appeal under this section by sending a notice of withdrawal to the appeals officer to whom the appeal was made.

(7) Time limits may be prescribed for the making and determination of appeals under this section.

PART 8 Inventories, Records and Research, Publication and Promotion of Public Knowledge and Awareness

Chapter 1

158. Inventories

158. (1) The Minister may carry out, or cause to be carried out, such inventories of, or in relation to, historic heritage, World Heritage Property or property which is situated in the State that the Minister is satisfied may have the potential to become World Heritage Property as he or she considers appropriate.

(2) Without prejudice to the generality of subsection (1), the Minister shall establish and maintain, or cause to be established and maintained, inventories in respect of each of the following:

(a) relevant things of archaeological interest;

(b) architectural heritage;

(3) The carrying out of inventories under this section may include any form of investigation or recording relevant to or appropriate for the inventory concerned, including, without prejudice to the generality of the foregoing, searching for previously unidentified or unreported relevant things of a relevant interest.

(4) The Minister may do all or any of the following in respect of any inventory carried out under this section:

(a) determine the form, content and title or description of any such inventory;

(b) designate classes of the archaeological or architectural heritage or historic objects to be included in any particular inventory;

(5) Subject to subsections (6) and (7), the Minister may make information from inventories carried out under this section available to public authorities or local authorities or publish or disseminate information from any such inventory in such manner as he or she may determine.

(6) Subject to subsection (7) the Minister shall, in exercising the power under subsection (5), have regard to the security, privacy and safety of persons or property that may be affected by the exercise of that power.

(7) Subject to subsection (8), neither subsection (5) nor (6) shall be construed to enable the Minister to disclose personal data.

(8) Subsection (7) shall not apply to personal data—

(a) which are bibliographic references, or

(b) which credit a person (and with that person’s consent thereto) with giving information forming part of an inventory carried out under this section.

(9) Nothing in this section shall be construed to prevent the Minister from combining 2 or more inventories referred to in this section into one inventory.

(10) In this section, “personal data” means personal data within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016^11 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

Chapter 2

159. Protection of records in certain circumstances

159. (1) In this section—

“personal representative” has the meaning assigned to it under the Succession Act 1965;

“records” includes books, maps, plans, drawings, papers, files, photographs, films, micro-films and other micrographic records, sound recordings, pictorial records, magnetic tapes, magnetic discs, optical or video discs, other machine-readable records, and other documentary material in whatever form including in an electronic or other non-legible form which is capable of being converted into a permanent legible form;

“relevant archaeological objects” means any archaeological objects found or uncovered in the course of any work or activity carried out under, or held under or for the purposes of, a new authorisation or old authorisation;

“relevant records” means any records relating to the results or findings of any work or activity carried out under a new authorisation or old authorisation, or to the recording of such results or findings or the preparation of a report on them, but does not include records of a solely financial or administrative character.

(2) Subject to subsection (3), where a company is ordered to be wound up or a resolution is passed for the voluntary winding up of a company or an individual dies and such company or individual, as the case may be, has or had, at the time of such order, resolution or death, as the case may be, relevant records or relevant archaeological objects in his or her possession, then the company (or, as appropriate, the liquidator or receiver thereof) or the personal representative of such individual, as the case may be, shall notify the relevant authority in the prescribed manner of the following matters:

(a) that the company has been ordered to be wound up or that a resolution for voluntary winding up has been passed or that the individual has died, as the case may be;

(b) the identity of the company or individual, as the case may be;

(d) such other matters as may be prescribed.

(3) Notice under subsection (2) shall be given as soon as is practicable and, in any event, not later than 21 days after the order or resolution for winding up or the death of the individual, as the case may be, unless in the case of the death of the individual an administrator is appointed in respect of that individual’s estate, in which case notice shall be given not later than 7 days after the appointment of such administrator.

(4) (a) Relevant records in the possession of a company which has been ordered to be wound up or in respect of which a resolution has been passed for its voluntary winding up or of a personal representative shall not be damaged, destroyed, disposed of, by a person or sold or transferred by a person from the possession or custody of the company (or, as appropriate, the liquidator or receiver thereof) or personal representative, as the case may be, except with the consent of the Minister and in accordance with any directions given by the Minister, who shall consult any other relevant authority for the purposes of this subsection prior to giving such consent or directions.

(b) Paragraph (a) shall apply to relevant archaeological objects as that paragraph applies to relevant records.

(5) Subsection (4) applies whether or not the order was made, resolution was passed or death occurred, as the case may be, before, on or after the commencement of this section.

(6) In subsections (2) and (4), “relevant authority” means the person who issued the new authorisation or old authorisation concerned, but where there would be more than one such person, it shall be sufficient for notice under that subsection to be given to the Minister who shall inform the other relevant authorities of receipt of such notice.

Chapter 3

160. Definitions - Chapter 3

160.

In this Chapter, “relevant authority” means—

(a) the Minister,

(b) the Board, or

161. Research and promotion of knowledge, interest and awareness

161. A relevant authority may promote or, if it appears to the authority appropriate to do so, assist other persons, as may be determined by the authority, in promoting—

(a) research into, or in connection with, historic heritage, or

(b) knowledge and awareness of, and interest in, historic heritage.

162. Publication

162. A relevant authority may compile, commission, publish or distribute or otherwise make available (with or without charge) leaflets, pamphlets, books, magazines, journals, reports or other documents and also aural and visual material (including film, video and still photography), whether in printed form or in an electronic or other non-legible form which is capable of being converted into a permanent legible form, or assist any other person in so doing, as may be appropriate in relation to any matter connected with the authority’s functions under this Act.

163. Provision of assistance by relevant authority

163. (1) A relevant authority may, at the authority’s discretion and only in so far as the authority considers it appropriate to do so, assist any person in the protection of any element of historic heritage.

(2) In this section, “assistance” includes advice and technical assistance as well as monetary or any other form of assistance.

164. Assistance may be subject to conditions

164. A relevant authority providing assistance referred to in section 161, 162 or 163 to a person may make the assistance subject to such conditions (if any) as are specified by the authority in a notice in writing given to the person by the authority and the person receiving the assistance shall comply with those conditions.

165. A relevant authority may acquire and make use of copyright, patents, licences, privileges and concessions as may be appropriate in relation to any matter connected with the authority’s functions under this Act or arising from such functions.

PART 9 Issuing of Guidelines and Matters Relating to Historic Heritage

166. Guidelines for EIAs

166. (1) The Minister, after consultation with such persons as he or she considers appropriate, may issue guidelines, not inconsistent with this Act or the EIA Directive, relating to dealing with historic heritage in the course of the preparation or carrying out of an EIA.

(2) (a) A person who is preparing material that is intended to be used for the purpose of assisting the preparation or carrying out of an EIA shall have regard to guidelines issued under subsection (1) in the course of the preparation of that material to the extent that the guidelines are relevant to that material or EIA, or both.

(b) The person to whom any material referred to in paragraph (a) is submitted shall also have regard to guidelines referred to in that paragraph in the person’s consideration of that material for the purpose referred to in that paragraph.

(3) Nothing in this section or in guidelines issued under subsection (1) shall be construed to restrict the application of the EIA Directive in the State or any measures taken, or that may be taken, to implement the application of the EIA Directive in the State.

167. Guidelines for local authorities

167. (1) The Minister, after consultation with such other persons as the Minister considers appropriate, may issue guidelines, not inconsistent with this Act or any other enactment, to local authorities relating to their dealings with historic heritage, World Heritage Property, or property which is situated in the State that the Minister is satisfied may have the potential to become World Heritage Property, in the course of the performance of their functions under this Act or any other enactment.

F6[(2) Without prejudice to the generality of subsection (1) and sections 28 and 52 of the Act of 2000, or sections 25 and 26 of the Act of 2024, guidelines issued under that subsection may relate to objectives which fall within section 10(2)(c) of the Act of 2000 or section 50 of the Act of 2024 in so far as such objectives relate to the conservation and protection of historic heritage, World Heritage Property, or property which is situated in the State that the Minister is satisfied may have the potential to become World Heritage Property.]

(3) Any guidelines issued under subsection (1) may relate to functions under this Act, or any other enactment, or both.

(4) A local authority, in the course of the performance of its functions under this Act, or any other enactment, or both, as appropriate, shall have regard to guidelines issued under subsection (1).

168. Co-ordination and development of public policy on historic heritage

168. It shall be a general function of the Minister, in conjunction with the Council in so far as the Council’s functions under section 6 of the Act of 1995 relate to historic heritage, to co-ordinate and promote the development of public policy on historic heritage.

169. Promotion of best practice in relevant disciplines and professions

169. (1) It shall be a general function of the Minister, in consultation with the Board, as appropriate, to promote best practice in disciplines or professions relating to the protection of historic heritage.

(2) For the purposes of subsection (1) but without prejudice to the generality of that subsection, the Minister, or the Board, as appropriate, may co-operate with or assist any body corporate or unincorporated body that has been established for the purpose of representing or regulating any discipline or profession referred to in that subsection.

170. Promotion of protection of historic heritage by public authorities

170. (1) It shall be a general function of the Minister, in consultation and co-operation with the Board, as appropriate, to promote the protection of historic heritage by public authorities in the course of the performance of their functions under any enactment other than this Act.

(2) For the purposes of subsection (1) but without prejudice to the generality of that subsection, the Minister may enter into an agreement with a public authority.

171. Public authority and local authority to have regard to historic heritage

171. (1) It shall be a general function of a public authority or local authority to have regard to historic heritage in the performance of their respective functions under any enactment.

(2) Subsection (1) shall not be construed to prejudice the generality of any provision of any enactment (including any other provision of this Act) that imposes a function on a public authority or local authority relating to historic heritage.

PART 10 Implementation and Enforcement

Chapter 1

172. False or misleading statements, etc.

172. A person shall not knowingly or recklessly make a statement (whether orally or in writing), when providing information to another person pursuant to a provision of this Act, that is false or misleading in any material respect.

173. Knowingly supplying equipment, machinery or vehicles for use in offence under this Act

173. (1) A person shall not supply or provide to any other person (whether or not on a permanent or temporary basis and whether or not for gain or reward) any relevant item knowing or believing that the relevant item is intended to be used in the commission of an offence under this Act.

(2) In this section, “relevant item” means any equipment, tools, machinery or vehicle or any part thereof.

174. Obstruction

174. A person shall not interfere with, or otherwise obstruct (including obstruct by withholding information reasonably required by, or by knowingly or recklessly providing false or misleading information to)—

(a) the Minister,

(b) the Commissioners,

(d) a local authority,

(e) the Revenue Commissioners,

(f) an officer, agent or servant of any person referred to in any of paragraphs (a) to (e),

(g) a member of An Garda Síochána, or

(h) a member of the naval service,

in the performance of their respective functions under this Act.

Chapter 2

175. Offences - general

175. (1) A person who contravenes any provision of this Act to which this subsection applies by virtue of subsection (2) shall be guilty of an offence and shall be liable—

(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or

(b) on conviction on indictment, to a fine not exceeding €10,000,000 or imprisonment for a term not exceeding 5 years or both.

(2) Subsection (1) applies to sections 27(1), 30, 116(2), 128(2), 129(2), 136(2) and 138(2).

(3) A person who contravenes any provision of this Act to which this subsection applies by virtue of subsection (4) shall be guilty of an offence and shall be liable—

(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months or both, or

(b) on conviction on indictment, to a fine not exceeding €10,000 or imprisonment for a term not exceeding 3 years or both.

(4) Subsection (3) applies to sections 43(1), 82(2), 99(1) and (5)(b), 103(1), 105(6), 113(1) and (2), 114(1), 147, 148(1), 159(4), 172, 173 and 174.

(5) A person who contravenes any provision of this Act to which this subsection applies by virtue of subsection (6) shall be guilty of an offence and liable on summary conviction to a class A fine.

(6) Subsection (5) applies to sections 13(2)(b), (3)(a) and (4)(b), 101(2)(b), (3)(a) and (4)(b), 114(4)(b), 139(1), (2) and (3), 142(1) and (2), 148(2) and (4) and 204(2)(b), (3)(b) and (4)(b).

(7) A person who, without reasonable excuse, contravenes any provision of this Act to which this subsection applies by virtue of subsection (8) shall be guilty of an offence and shall be liable on summary conviction to a class A fine.

(8) Subsection (7) applies to sections 159(2) and 217(2).

(9) A person who, without reasonable excuse, contravenes any provision of this Act to which this subsection applies by virtue of subsection (10) shall be guilty of an offence and shall be liable on summary conviction to a class E fine in the case of a first offence and, in the case of a second or any subsequent offence, a class C fine.

(10) Subsection (9) applies to sections 76(2)(b) and (d), 83(6)(b) and 85(2)(b) and (d).

(11) Subject to subsections (12) and (13), where there is a contravention by a person of section 27(1) or 30 in such circumstances that it is reasonable to conclude that the person knew or suspected, or should have known or suspected, that the monument to which the contravention relates was a relevant thing of a relevant interest, that person shall be taken, for the purposes of a prosecution for an offence under subsection (1) for such contravention, to have so known or suspected.

(12) Subject to subsection (13), subsection (11) shall not apply if, in the proceedings relating to the prosecution referred to in subsection (11), the court or jury, as the case may be, is satisfied, having regard to all the evidence, that there is reasonable doubt as to whether the person referred to in subsection (11) knew or suspected as referred to in subsection (11).

(13) (a) Subsection (12) shall be disregarded where, before the occurrence of the contravention referred to in subsection (11) by a person, the monument to which the contravention relates was the subject of—

(i) a Register action in respect of which specific notice was given to that person, or

(ii) an enforcement notice given to that person.

(b) Section 8 shall apply to the interpretation of paragraph (a)(i) as that section applies to the interpretation of Part 2.

(14) Subject to subsections (15) and (16), where there is a contravention by a person of section 136(2) in such circumstances that it is reasonable to conclude that the person knew or suspected, or should have known or suspected, that the thing to which the contravention relates was a thing referred to in paragraph (a), (b) or (c) of section 136(1), that person shall be taken, for the purposes of a prosecution for an offence under subsection (1) for such contravention, to have so known or suspected.

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Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023

121. Possessor of stolen or illegally exported cultural object and compensation

122. Provisions supplementary to sections 120 and 121

123. Interim and interlocutory orders

124. Rules of court

Chapter 10

125. Definitions - Chapter 10

126. Minister shall prescribe cultural property for purposes of Convention

127. Minister may prescribe requirements for certification of exports of cultural property

128. Prohibition of import of certain categories of stolen cultural property

129. Prohibition of possession of, or dealing in, certain categories of cultural property

130. Regulations regarding sale of cultural property

Chapter 11

131. Non-application of market overt rule and rule relating to sale under voidable title in certain cases

PART5 Wrecks and other Elements of Underwater Cultural Heritage

Chapter 1

132. Definitions - Chapter 1

133. Application of Chapter 2 of Part 4, section 112 and Schedule 4 to relevant wrecks

134. Salvage payments

135. Special protection to be applied to relevant wrecks, etc.

136. Prohibited activities in vicinity, etc., of relevant wreck, etc.

Chapter 2

137. Interpretation - Chapter 2

138. Carrying out by relevant persons of activities directed at underwater cultural heritage beyond the limits of territorial seas

139. Reporting of discovery of underwater cultural heritage or intention to engage in activities directed at underwater cultural heritage in exclusive economic zone of State, etc.

140. Protection of underwater cultural heritage in exclusive economic zone of State, etc.

141. Protection of underwater cultural heritage in exclusive economic zone of state party, etc.

142. Reporting of discovery of underwater cultural heritage or intention to engage in activities directed at underwater cultural heritage in the Area

143. Protection of underwater cultural heritage in the Area

144. Powers of Minister where State is Coordinating State under Article 10 or 12 of UNESCO Convention

145. Provisions supplementary to section 144

146. Provisions relating to acceptance by relevant person of grant by state party of authorisation under Article 10 or 12 of UNESCO Convention

147. Restriction on import of underwater cultural heritage

PART 6 Other Activities Licensable under this Act and Related Matters

148. Other activities licensable under this Act and related matters

PART 7 Licences

Chapter 1

149. Interpretation - Part 7

Chapter 2

150. Application for licence

151. Grant or refusal of licence, etc.

152. Assessment of competence

153. Consultation

154. Revocation or suspension, etc., of licence

Chapter 3

155. Assignment of licence

Chapter 4

156. Appeals officers

157. Appeals

PART 8 Inventories, Records and Research, Publication and Promotion of Public Knowledge and Awareness

Chapter 1

158. Inventories

Chapter 2

159. Protection of records in certain circumstances

Chapter 3

160. Definitions - Chapter 3

161. Research and promotion of knowledge, interest and awareness

162. Publication

163. Provision of assistance by relevant authority

164. Assistance may be subject to conditions

165. Copyright and related matters

PART 9 Issuing of Guidelines and Matters Relating to Historic Heritage

166. Guidelines for EIAs

167. Guidelines for local authorities

168. Co-ordination and development of public policy on historic heritage

169. Promotion of best practice in relevant disciplines and professions

170. Promotion of protection of historic heritage by public authorities

171. Public authority and local authority to have regard to historic heritage

PART 10 Implementation and Enforcement

Chapter 1

172. False or misleading statements, etc.

173. Knowingly supplying equipment, machinery or vehicles for use in offence under this Act

174. Obstruction

Chapter 2

175. Offences - general