Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023

Provisions supplementary to sections 101 to 105

106. (1) Subject to subsection (2), this Chapter shall not be construed to require the Board to take custody of, or to otherwise take into its possession or the possession of the State, an archaeological object found in the course of an activity which is required to be carried out under and in accordance with a licence unless the Board is satisfied that—

(a) if there is such a licence, all the conditions of the licence relating to archaeological objects have been complied with, or

(b) if there is no such licence, any civil or criminal proceedings arising out of the carrying out of that unlicensed activity have been concluded.

(2) This Chapter shall not be construed to prevent the Board, at its discretion, from authorising the temporary keeping of an archaeological object at a site specified in the authorisation where the Board is satisfied that that is necessary for the protection of the object.