Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023
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Disposal or acquisition of archaeological objects by person other than Board, etc. | ||
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114. (1) Subject to subsection (2), a person shall not dispose of or acquire an archaeological object for the time being situated within the territorial extent of the application of this Act, whenever or wherever such object was found, without having first given, not less than 30 days before the proposed disposal or acquisition, as the case may be, of the object, notice in writing in the specified form to the Board of such proposed disposal or acquisition. | ||
(2) Subsection (1) shall not apply to— | ||
(a) the disposal 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, | ||
(b) the disposal of an archaeological object pursuant to section 99 where such disposal is in compliance with any conditions specified under that section, | ||
(c) the temporary transfer of an archaeological object where such transfer is in accordance with, or for the purposes of complying with the conditions of, any new authorisation or old authorisation and is otherwise not in breach of any other provision of this Act, | ||
(d) the disposal of an archaeological object where such disposal is in accordance with, or for the purposes of complying with the conditions of, any new authorisation or old authorisation and is otherwise not in breach of any other provision of this Act, | ||
(e) the temporary transfer of an archaeological object where— | ||
(i) the transferee does so for the purpose of examining the object so as to confirm or establish whether it is of archaeological interest, and | ||
(ii) such transfer is not for, or made in connection with, any purpose of immediate or future monetary gain or reward on the part of the transferor or transferee and is otherwise not in breach of any other provision of this Act, | ||
(f) the transfer by any person of an archaeological object to the Board or an officer, agent or servant of, or other person acting on behalf of, the Board, whether in accordance with or for the purposes of complying with any provisions of this Act or otherwise, or | ||
(g) subject to subsection (3), the disposal, of an archaeological object or a class of archaeological objects, prescribed for the purposes of this paragraph. | ||
(3) In determining whether or not an archaeological object or a class of archaeological objects should be prescribed for the purposes of paragraph (g) of subsection (2), 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, | ||
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). | ||
(4) (a) Where the Board receives, in respect of an archaeological object, a notice under subsection (1) from a person, the Board, by notice in writing given to the person and accompanied by the specified form concerned, may require the person, within the period specified in the notice, to provide the Minister with such information required by that form for the purpose of enabling the Minister to ascertain whether or not the object is lawfully held, or was lawfully obtained, whether by that person or another person. | ||
(b) A person given a notice under paragraph (a) shall comply with the notice. |