National Monuments (Amendment) Act, 1994

Reporting of possession, etc. of archaeological object.

5.—(1) No person shall have in his possession or under his control an archaeological object which has been found in the State after the coming into operation of the Principal Act unless it has been reported under section 23 (as amended by the Act of 1987) of the Principal Act or under this section within three months of the coming into operation of this section.

(2) No person shall purchase or otherwise acquire, sell or otherwise dispose of an archaeological object which has been found in the State after the coming into operation of the Principal Act, unless, at the time of purchase, acquisition, sale or disposal or within 30 days thereof he makes a report under subsection (3) of this section to the Director or a designated person of the purchase, acquisition, sale or disposal.

(3) A person who makes a report under subsection (1) or (2) of this section shall—

(a) state his name and address, the nature and description of the archaeological object which he wishes to report,

(b) the circumstances in which he has come into possession or control of that object, and

(c) such other information within his knowledge concerning the object as may be requested by the Director or a designated person,

and, on making that report and providing such information, shall be furnished with a prescribed form.

(4) On being furnished with a prescribed form under subsection (3) of this section, a person shall complete and return it by personal delivery or by pre-paid registered post within seven days of its being so furnished.

(5) The Minister may by regulations prescribe the form to be furnished under subsection (3) of this section and, without prejudice to the generality of the foregoing, such regulations may make provision for ascertaining—

(a) insofar as it can be reasonably ascertained, when the object was found,

(b) the circumstances of the acquisition of the object, and

(c) insofar as it can be reasonably ascertained, where the object was found.

(6) A person who has in his possession or under his control or who purchases or otherwise acquires or sells or otherwise disposes of an archaeological object which has been found in the State since the coming into operation of the Principal Act shall not—

(a) fail to make a report under subsection (1) or (2) of this section, or

(b) wilfully withhold information concerning that archaeological object, or

(c) fail within the period specified in subsection (1) or (2) of this section to return the prescribed form to the Director, or

(d) make a report under this section which is to his knowledge false or misleading in a material respect, or

(e) in contravention of this section, fail or refuse to give to the Director or a designated person information within his knowledge in relation to the archaeological object concerned, or

(f) give to the Director or a designated person information in relation to the archaeological object concerned which is to his knowledge false or misleading in a material respect.

(7) Where in a prosecution for an offence under subsection (1) or (2) of this section possession or control of an archaeological object is proved it shall be presumed until the contrary is proved that the object was found in the State after the coming into operation of the Principal Act.

(8) This section shall not apply to the Director or a designated person.

(9) Subsection (1) of this section shall not apply to persons to whom a licence has been granted under section 26 of the Principal Act in respect of any archaeological object found in pursuance of that licence.

(10) A reference to an offence under the National Monuments Acts, 1930 to 1987, in sections 20, 21 and 22 of the Act of 1987 shall be construed as including an offence under this section.

(11) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851 , summary proceedings for an offence under this section may be instituted within two years from the date of the offence.

(12) This section shall not apply to any archaeological object which has been imported into the State for a period not exceeding two years for the purpose of exhibition, research or restoration, in pursuance of an agreement made between a person outside the State who claims to be the owner of the object and a person in the State who intends to exhibit, carry out research in respect of, or restore the object:

Provided, however, that no such contract may be performed in the State in relation to any object to which this section would otherwise apply unless the terms and conditions of that contract have been approved of in writing by the Director.