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PART 6
Other Activities Licensable under this Act and Related Matters
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Other activities licensable under this Act and related matters
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148. (1) A person shall not, other than under and in accordance with a licence—
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(a) undertake or carry out, or direct or authorise the undertaking or carrying out of, archaeological excavation,
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(b) undertake or carry out, or direct or authorise the undertaking or carrying out of, archaeological monitoring,
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(c) search for or collect, or direct or authorise the searching for or collection of, archaeological objects lying exposed on the surface of land, whether or not any such object is known to be on, in or under that land,
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(d) search for, or direct or authorise the searching for, wrecks one hundred or more years old or archaeological objects or prescribed monuments, or other relevant things of archaeological interest, situated on, in or under the sea bed or land covered by water, whether or not the wrecks, objects, monuments or things, as the case may be, are known to be on, in or under the sea bed or that land where, or in respect of which, the searching takes place,
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(e) be in possession of a detection device in, at, on, over or above, or within the immediate surroundings of, a registered monument or a wreck one hundred or more years old, or
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(f) use, or direct or authorise the use of, a detection device for the purpose of identifying, locating (including searching for), investigating, surveying or recording any archaeological object or monument or relevant thing of archaeological interest, whether or not such object, monument or thing, as the case may be, is known to be on, in or under land where, or in respect of which, such use takes place.
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(2) (a) A person shall not sell or otherwise supply a detection device except in a container or other packaging that is clearly and legibly marked (whether by means of a sticker, tag or otherwise) with the prescribed warning in relation to the use of that device in contravention of a provision of this Act.
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(b) The prescribed warning, which shall be in the Irish language and the English language, shall specify—
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(i) that the use of a detection device in the State, in certain circumstances specified in this Act, requires a licence,
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(ii) that the possession of a detection device in, at, on, over or above a registered monument or a wreck one hundred or more years old requires a licence, and
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(iii) that a breach of a requirement referred to in subparagraph (i) or (ii) is a criminal offence.
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(3) The prescribed warning referred to in subsection (2) shall not be construed to prejudice the generality of subsection (1) .
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(4) A person shall not promote, whether by advertising or otherwise, the sale or use of detection devices for the purpose of searching for archaeological objects unless the promotion concerned is accompanied by the prescribed warning referred to in subsection (2) applicable to the medium in which the promotion is made.
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