| |
Chapter 8
Alteration of archaeological object
|
|
|
|
Alteration of archaeological object
|
| |
116. (1) In this section, “alter”, in relation to an archaeological object, means to injure, deface, destroy, clean or restore (including chemically clean or restore, or chemically change any of the constituents of, whether for protection or otherwise) the object, or to take a sample of the object by cutting, drilling or any other process.
|
|
| |
(2) Subject to subsections (3) and (4), a person shall not alter, or cause the alteration of, an archaeological object otherwise than under and in accordance with a licence.
|
|
| |
(3) Where—
|
|
| |
(a) an application is made for the grant of a licence in respect of a licensable activity other than the licensable activity to which a licence referred to in subsection (2) would relate (that is, altering or causing the alteration of, an archaeological object),
|
|
| |
(b) the application contains a proposal for the alteration of an archaeological object found during the course of the activity in respect of which the application is made, and
|
|
| |
(c) the Minister, with the agreement in writing of the Board, indicates consent to the proposal or consent to the proposal subject to such amendment of the proposal as is specified in the consent,
|
|
| |
then such alteration of the archaeological object the subject of the proposal or the proposal as so amended, as appropriate, may be authorised by or under a licence and shall, to the extent so authorised, be exempt from subsection (2).
|
|
| |
(4) Subject to subsection (5), subsection (2) shall not apply to a class of archaeological objects prescribed for the purposes of this subsection.
|
|
| |
(5) In determining whether or not a class of archaeological objects should be prescribed for the purposes of subsection (4), the Minister shall—
|
|
| |
(a) have regard to the following:
|
|
| |
(i) the extent to which it is, or is not, necessary to require the alteration of archaeological objects of that class to be regulated under this section so as to secure their appropriate protection;
|
|
| |
(ii) the extent to which the application of this section to that class would cause administrative difficulties or would be impracticable;
|
|
| |
(iii) 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).
|
