Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023
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Application of Chapter 2 of Part 4, section 112 and Schedule 4 to relevant wrecks | ||
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133. (1) Subject to section 4 (4)(b) and subsection (2), and without prejudice to the rights of the State to unclaimed wreck under the Act of 1993, or any other rights of the State arising in relation to wreck, the provisions of Chapter 2 of Part 4 , section 112 and Schedule 4 shall, with all necessary modifications, apply to a relevant wreck as those provisions apply to an archaeological object and, for the purposes of such application, references in section 112 to a relevant archaeological object (within the meaning of section 95 ) shall be deemed to be a reference to a relevant wreck which is, or is required to be, the subject of a preliminary report referred to in section 13 (2)(b). | ||
(2) Subject to subsection (3), the Board shall not, pursuant to subsection (1), exercise a power under section 99 except with the consent of the Minister. | ||
(3) Where the relevant wreck is the subject of an order under section 96 (7), the Board shall not exercise a power under section 99 in contravention of any conditions specified in the order. | ||
(4) Where the Board is unable under subsection (1) to exercise a power under section 99 in relation to a relevant wreck because of any conditions referred to in subsection (3), the Board may, with the consent of the Minister, apply to the court which made the order concerned under section 96 (7) to vary the conditions specified in the order so as to remove that inability. |