National Monuments (Amendment) Act, 1987

Restriction on use of detection devices.

2.—(1) Subject to the provisions of this section a person shall not—

(a) use or be in possession of a detection device—

(i) in, or at the site of, a monument of which the Commissioners or a local authority are the owners or guardians or in respect of which a preservation order is in force or which stands registered in the Register, or

(ii) in an archaeological area that stands registered in the Register, or

(iii) in a restricted area,

or

(b) use, at a place other than a place specified in paragraph (a) of this subsection, a detection device for the purpose of searching for archaeological objects, or

(c) promote, whether by advertising or otherwise, the sale or use of detection devices for the purpose of searching for archaeological objects.

(2) (a) Upon application in writing therefor to the Commissioners by any person and upon being furnished by him with such information as they may reasonably require and upon payment to them by the person of the prescribed fee (if any), the Commissioners may, at their discretion, subject to paragraph (b) of this subsection, grant or refuse to grant their consent in writing to a person—

(i) authorising the use by (as may be specified in the consent) either that person or that person and his servants and agents of (as may be specified in the consent) one detection device or one specified detection device or one detection device of a specified class, kind or type, for the purpose of searching for archaeological objects at a specified place (not being a place specified in subsection (1) (a) of this section), or

(ii) authorising the use and possession by (as may be specified in the consent) either that person or that person and his servants and agents of (as may be specified in the consent) one detection device or one specified detection device or one detection device of a specified class, kind or type, at a place specifiedin the consent (being a place specified in the said subsection (1) (a)).

(b) A decision to grant or refuse to grant a consent under this subsection in relation to a national monument of which a local authority are the owners or the guardians shall be made, and the consent shall be granted or refused, jointly by the Commissioners and the authority.

(c) A consent under this subsection shall remain in force for such period as may be specified in the consent.

(d) A consent under this subsection may—

(i) be made subject to such conditions as the Commissioners, or the Commissioners and the local authority concerned, as may be appropriate, think fit and specify in the consent, and

(ii) be revoked in writing at any time by the Commissioners or the Commissioners and the local authority concerned, as may be appropriate, and the revocation shall take effect at the time when the person named in the consent is notified of the revocation.

(3) Where an application is made to the Commissioners for a consent under subsection (2) of this section—

(a) the Commissioners or the Commissioners and the local authority concerned, as may be appropriate, shall, within three months of the receipt by them of the application—

(i) either grant or refuse to grant the application, and

(ii) notify in writing the person who made the application of their decision,

and

(b) if the person who made the application is not notified as aforesaid of their decision, the Commissioners, or the Commissioners and the local authority concerned, as may be appropriate, shall be deemed to have granted the consent without conditions.

(4) An application to the Commissioners under subsection (2) of this section shall be sent to the Commissioners by registered post or delivered by hand to an officer of the Commissioners at the head office of the Commissioners.

(5) A person who contravenes subsection (1) of this section or a condition of a consent under this section shall be guilty of an offence.

(6) Where in a prosecution for an offence under this section it is proved that a detection device was being used, it shall be presumed until the contrary is proved that the device was being used for the purpose of searching for archaeological objects.

(7) It shall be a defence for a person charged with an offence under subsection (5) of this section to show that the act constituting the offence—

(a) was the subject of a consent under this section granted to him, or to a person in relation to whom he was acting asservant or agent at the time of the commission of the act, and in force at that time and was not a breach of a condition of the consent, or

(b) was authorised by a prospecting licence granted under Part II of the Minerals Development Act, 1940 .

(8) In this section “detection device” means a device designed or adapted for detecting or locating any metal or mineral on or in the ground, on, in or under the sea bed or on or in land covered by water, but does not include a camera.