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Acquisition of archaeological object by Minister
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98. (1) Subject to subsection (2), the Minister may, after consultation with the Board and with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform—
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(a) acquire (whether or not for valuable consideration), for the State, by agreement or, subject to subsection (3), compulsorily, an archaeological object from the owner of the object or a person purporting to be such, or
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(b) accept, on behalf of the State, a gift, bequest or devise of an archaeological object where the conditions (if any) to which the gift, bequest or devise, as the case may be, is subject are not inconsistent with the provisions of this Act.
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(2) The Minister shall comply with the provisions of Schedule 4 in respect of the compulsory acquisition by the Minister of an archaeological object under this section.
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(3) An archaeological object shall not be compulsorily acquired under this section if—
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(a) a person has lawfully brought it into the State, and
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(b) there is an agreement in writing between that person and the Minister or Board that the object will not be so acquired if the conditions (if any) specified in the agreement relating to the object are complied with.
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(4) A person (not being the Minister or the Board) shall not initiate legal proceedings seeking the recovery, on behalf of the State, of an archaeological object referred to in subsection (3) except with the consent of the Minister.
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(5) Nothing in this section shall operate to prejudice the acquisition by the Board of archaeological objects under the Act of 1997.
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