Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023
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Chapter 6 Possession and disposal of archaeological objects by person other than Board, etc. | ||
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Possession of archaeological objects by person other than Board, etc. | ||
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113. (1) Subject to subsection (3), a person shall not have in his or her possession an archaeological object which was found on or after 21 November 1994 unless the possession is for the purpose of satisfying section 23 of the Act of 1930 or section 102 . | ||
(2) Subject to subsection (3), a person shall not have in his or her possession an archaeological object which was found after 26 February 1930 but before 21 November 1994 unless the object was reported in accordance with section 23 of the Act of 1930 or section 5 of the Act of 1994. | ||
(3) Subsections (1) and (2) shall not apply to— | ||
(a) the Board, | ||
(b) an officer, agent or servant of the Board or any other person acting on behalf of the Board and who is acting in the course of his or her duties as such officer, agent or servant or other person, as the case may be, | ||
(c) an officer, agent or servant of the Minister or any other person acting on behalf of the Minister and who is acting in the course of his or her duties as such officer, agent or servant or other person, as the case may be, | ||
(d) a member of An Garda Síochána or a member of the naval service acting in the course of his or her duties as such member, | ||
(e) a designated museum in respect of an archaeological object placed in the museum in accordance with section 108 , | ||
(f) a person in possession of an archaeological object— | ||
(i) which was not taken possession of by the Director under section 9 of the Act of 1994, | ||
(ii) which was disposed of by the Director under section 3(a) of the Act of 1994, or | ||
(iii) in respect of which the ownership of the State in the object was waived, pursuant to section 3 of the Act of 1994, before 3 May 2005, | ||
(g) a person in possession of an archaeological object which was disposed of in accordance with section 99 where such possession is in compliance with any conditions specified under that section applicable to such possession, | ||
(h) possession of an archaeological object where such possession is pursuant to section 105 or 106 , | ||
(i) a person in possession of an archaeological object where such possession is in accordance with, or for the purposes of complying with the conditions of, an old authorisation, a new authorisation, or the Act of 1997, and is otherwise not in breach of any other provision of this Act, | ||
(j) subject to subsection (4), possession of an archaeological object or a class of archaeological objects, prescribed for the purposes of this paragraph, or | ||
(k) a receiver of wreck appointed under section 41 of the Act of 1993. | ||
(4) In determining whether or not an archaeological object or a class of archaeological objects should be prescribed for the purposes of paragraph (j) of subsection (3), the Minister shall— | ||
(a) have regard to the following: | ||
(i) the extent to which the application of this section to the archaeological object or class of archaeological objects would cause administrative difficulties or would be impracticable; | ||
(ii) any matter that the Board would be entitled to take into account in determining whether or not an archaeological object should be retained by the State, whether in the National Museum of Ireland or a designated museum; | ||
(iii) the archaeological object is not in the State but is the subject of a proposal to bring it into the State, whether temporarily or permanently, for the purposes of public exhibition, research or conservation, | ||
and | ||
(b) consult with the Board and have regard to the Board’s views in so far as they relate to any matter to which the Minister must have regard under paragraph (a). | ||
(5) Nothing in section 44 of the Act of 1993 shall be construed to prejudice the operation of this Act. |