National Monuments (Amendment) Act, 1994

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.