Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023
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Chapter 2 Measures to enable the State to ratify the 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage | ||
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Interpretation - Chapter 2 | ||
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137. (1) In this Chapter— | ||
“Area” has the same meaning it has in the UNESCO Convention; | ||
“continental shelf of a state party” means any area of sea bed over which a state party exercises sovereign rights under Part VI of the UN Convention; | ||
“continental shelf of the State” means a designated area of the continental shelf within the meaning of the Act of 2021 and, for the purposes of this Act, includes the land underlying that area; | ||
“exclusive economic zone of a state party” means the area beyond and adjacent to the territorial seas of a state party subject to the specific legal regime established in Part V of the UN Convention; | ||
“exclusive economic zone of the State” shall be construed in accordance with section 13 of the Act of 2021; | ||
“relevant person” means— | ||
(a) either— | ||
(i) an Irish citizen, or | ||
(ii) a person ordinarily resident in the State, | ||
(b) the master of an Irish vessel, | ||
(c) a body corporate that is incorporated in the State, or | ||
(d) a legal person (not being a body corporate referred to in paragraph (c)), whether incorporated or unincorporated, established or otherwise based in the State for the purpose of engaging in activities directed at underwater cultural heritage to which this Chapter applies and regardless of whether or not it is established or otherwise based in the State for any other purpose; | ||
“state party” means a state which has consented to be bound by the UNESCO Convention other than the State; | ||
“UN Convention” means the United Nations Convention on the Law of the Sea (UNCLOS) done at Montego Bay on 10 December 1982; | ||
“UNESCO Convention” means the UNESCO Convention on the Protection of the Underwater Cultural Heritage done at Paris on 6 November 2001 (the text of which is set out, in the English language and for ease of reference, in Schedule 7 ). | ||
(2) For the purposes of this Chapter, a person shall be deemed to be ordinarily resident in the State if he or she has had his or her principal residence in the State for the period of 12 months immediately preceding the alleged contravention concerned of a provision of this Chapter. | ||
(3) (a) Subject to paragraph (b), a word or expression that— | ||
(i) is used in this Chapter, | ||
(ii) is not defined in section 2 or subsection (1), and | ||
(iii) appears in the UNESCO Convention, | ||
has the meaning it has in the UNESCO Convention. | ||
(b) A word or expression that— | ||
(i) is used in this Chapter, | ||
(ii) is not defined in section 2 or subsection (1), and | ||
(iii) appears in the UNESCO Convention but has the meaning it has in the UN Convention, | ||
has the meaning it has in the UN Convention. |