Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023
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Requirement to report finding of prescribed monument | ||
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13. (1) This section applies to a prescribed monument other than a prescribed monument which— | ||
(a) is a registered monument, or | ||
(b) has been the subject of a preliminary report under subsection (2)(b) given to the Minister or a member of An Garda Síochána. | ||
(2) (a) Paragraph (b) applies where a person finds, or believes that he or she has found, a thing to which this section applies. | ||
(b) Subject to subsections (3) and (7), the person shall, before the expiration of the prescribed period for reporting the thing under this section (or, if such period is not prescribed, before the expiration of 72 hours after finding the thing) make a preliminary report of the finding of the thing to the Minister or a member of An Garda Síochána. | ||
(c) Different periods may be prescribed for making a preliminary report of the finding of a thing under this section by reference to— | ||
(i) specified classes of persons, or | ||
(ii) the means (including surveys, howsoever conducted) by which the thing was found, | ||
or any combination thereof. | ||
(3) (a) A person making a preliminary report under subsection (2)(b) shall, in the report— | ||
(i) state his or her name and address, | ||
(ii) describe the thing found (which may include a photograph or other image of the thing), and | ||
(iii) describe the site of the thing (which may include a photograph or other image of the site). | ||
(b) A member of An Garda Síochána to whom a preliminary report under subsection (2)(b) is made shall cause the report, or a copy of the report, to be given to the Minister as soon as is practicable after the member receives the report. | ||
(4) (a) Subject to subsection (7), where a person makes a preliminary report under subsection (2)(b) to the Minister or a member of An Garda Síochána, the Minister shall cause the person to be given, subject to subsections (5) and (9), a return in the specified form. | ||
(b) A person who is given a return referred to in paragraph (a) shall complete it and return it, to the person specified in the return for the purpose, before the expiration of 7 days from the day on which he or she was given the return. | ||
(5) Without prejudice to the generality of section 223 , a return referred to in subsection (4)(a) required to be completed by a person shall require the person to specify the following in the return: | ||
(a) his or her name and address; | ||
(b) the date and time when he or she found the thing concerned; | ||
(c) a description of the thing (which may include a photograph or other image of the thing); | ||
(d) the circumstances in which he or she found the thing; | ||
(e) the site of the thing (which may include a photograph or other image of the site); | ||
(f) if known to the person, the name of the owner or occupier of the land on which the thing is or was situated. | ||
(6) Subject to subsection (10), where the Minister receives a return referred to in subsection (4)(a), he or she shall cause the thing the subject of the return, or the site of the thing, or both, to be inspected by a person on behalf of the Minister. | ||
(7) Subject to subsection (8), this section shall not apply to the finding of a thing in the course of any licensable activity if— | ||
(a) the activity is carried out under and in accordance with a licence, and | ||
(b) the licence is subject to a condition requiring any finding of a thing to which this section would apply but for this subsection to be reported to the Minister in such manner as is specified in the licence, whether individually or with other findings of such things made in the course of the activity. | ||
(8) It may be specified as a condition of a licence that this section shall apply to the finding of a thing occurring in the course of the activities authorised under the licence, whether generally or in such cases or circumstances as may be specified in the licence. | ||
(9) Subsection (4)(a) shall not place the Minister under any obligation to cause a return referred to in that subsection to be given to a person where the Minister is of the opinion that— | ||
(a) a preliminary report under subsection (2)(b) made by the person— | ||
(i) does not relate to a thing to which this section applies, | ||
(ii) does not merit the completion of such return, or | ||
(iii) is trivial or vexatious, | ||
or | ||
(b) it is otherwise unnecessary that such return be completed in respect of that report. | ||
(10) Subsection (6) shall not place the Minister under any obligation to cause a thing the subject of a return referred to in subsection (4)(a), or the site of the thing, to be inspected if the Minister is of the opinion that— | ||
(a) the thing is not a thing to which this section applies, | ||
(b) the site does not contain a thing to which this section applies, | ||
(c) the inspection would pose a risk to the health or safety of the person who would otherwise carry out the inspection on behalf of the Minister, | ||
(d) the inspection is not merited or is otherwise unnecessary, or | ||
(e) the return is trivial or vexatious. | ||
(11) Nothing in this section shall be construed to prejudice the generality of section 189 . |