Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023
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Reporting of discovery of underwater cultural heritage or intention to engage in activities directed at underwater cultural heritage in the Area | ||
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142. (1) (a) A relevant person who, whether or not pursuant to a licence, or an authorisation referred to in section 138 (2)(b), discovers underwater cultural heritage in the Area shall give notice in the specified form to the Minister of that discovery as soon as is practicable but, in any case, not later than 14 days after the discovery. | ||
(b) Where a relevant person who is the master of an Irish vessel knows that a person on the vessel has, during the course of his or her stay on the vessel, discovered underwater cultural heritage in the Area, the master shall give notice in the specified form to the Minister of that discovery as soon as is practicable but, in any case, not later than 14 days after he or she has such knowledge (and whether or not that second-mentioned person is also a relevant person who must give notice under paragraph (a) of the discovery). | ||
(2) (a) (i) Subject to subparagraphs (ii) and (iii), a relevant person who intends to engage in activities directed at underwater cultural heritage in the Area shall not start to engage in those activities until 3 months after the expiration of the date on which he or she has given notice in the specified form to the Minister of that intention. | ||
(ii) Subject to subparagraph (iii), subparagraph (i) shall apply notwithstanding that such relevant person engages in such activities pursuant to an authorisation referred to in section 138 (2)(b) granted by a state party other than the Minister. | ||
(iii) Subparagraph (i) shall not apply where such relevant person engages in such activities pursuant to a licence or an authorisation referred to in section 138 (2)(b) granted by the Minister. | ||
(b) Where a relevant person who is the master of an Irish vessel knows that a person on the vessel intends, during the course of his or her stay on the vessel, to engage in activities directed at underwater cultural heritage in the Area, the master shall give notice in the specified form to the Minister of that intention as soon as is practicable but, in any case, not later than 14 days after he or she has such knowledge (and whether or not that second-mentioned person is also a relevant person who must give notice under paragraph (a) of the intention). | ||
(3) The giving of a notice under subsection (1) or (2) to the Minister does not preclude a specified form referred to in that subsection from requiring a relevant person to give copies of the notice to such other persons (if any) who are specified in the form. | ||
(4) The Minister may, when given a notice under subsection (1) or (2), give a copy of the notice or any information contained in it to such other persons as the Minister considers appropriate and permit such other persons to make available such notice or information, as the case may be, to any other appropriate person. |