Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023
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Actions that may be taken by Board in respect of relevant archaeological object | ||
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105. (1) Subject to section 106 , where the Board is aware of a relevant archaeological object, it shall, if it is not aware of any owner of the object— | ||
(a) take the object into its custody pending a decision to retain the object on behalf of the State or to dispose of it in accordance with section 99 , | ||
(b) retain the object on behalf of the State, or | ||
(c) dispose of the object in accordance with section 99 . | ||
(2) Where the Board takes a relevant archaeological object into its custody pursuant to subsection (1)(a), the object shall be kept— | ||
(a) in a designated site, | ||
(b) in a temporary designated site, or | ||
(c) at the site where it was found. | ||
(3) Where the Board decides to retain a relevant archaeological object on behalf of the State pursuant to subsection (1)(b), the object may be kept— | ||
(a) in a designated site, | ||
(b) in a temporary designated site, or | ||
(c) either— | ||
(i) at the site where it was found, or | ||
(ii) at another site providing a natural environment conducive to the protection of the object, | ||
if the Board is satisfied that the object would be best protected by doing that. | ||
(4) Where the Board— | ||
(a) decides to retain a relevant archaeological object on behalf of the State pursuant to subsection (1)(b), and | ||
(b) is of the opinion that the object would be best protected— | ||
(i) at the site where it was found, or | ||
(ii) at another site providing a natural environment conducive to the protection of the object, | ||
the Board may, with the consent in writing of the owner (if any) of that site, cause that object, as the case requires, to continue to be kept at that site or to be moved to and kept at another site. | ||
(5) A consent referred to in subsection (4) given by the owner of a site referred to in that subsection shall bind the successors in title of that owner to that site. | ||
(6) A person, other than a relevant person, shall not interfere with or remove, or cause to be interfered with or removed, a relevant archaeological object kept at a site pursuant to subsection (4). | ||
(7) Where the Board makes a decision under subsection (4), it shall, as soon as is practicable after making the decision, give the Minister notice in writing of the decision. |