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Amendment of section 23 of Principal Act.
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19.—Section 23 (as amended by the National Monuments (Amendment) Acts, 1954 and 1987) of the Principal Act is hereby amended by the substitution therefor of the following section:
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“Report of discovery of archaeological object.
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23. (1) Where a person finds an archaeological object he shall not remove or otherwise interfere with it unless he has reasonable cause to believe that it is necessary to remove it so as to preserve it or keep it safe.
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(2) A person who finds an archaeological object and who has reasonable cause to believe that it is necessary to remove it so as to preserve it or to keep it safe shall remove it to a designated place or any safe place if there is no designated place within 30 miles of its place of discovery.
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(3) A person who finds an archaeological object shall report the finding of the object to the Director or a designated person within a reasonable period but not longer than 96 hours from the time of the finding.
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(4) Where a person reports the finding of an archaeological object he shall be furnished by the Director or a designated person with a prescribed form and in reporting the find he shall state his name and address, the nature and character of the object found, and a description of the location of the place where the object was found and, if relevant, the address of the designated place or other safe place to which the object has been delivered and specify where the object may be inspected by the Director or a designated person.
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(5) A person making a report under subsection (3) of this section shall provide such other information within his knowledge concerning the object or its finding as may be requested by the Director or a designated person.
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(6) It shall be the duty of the person who has found an archaeological object, on being furnished with a prescribed form, and in any case no later than seven days by personal delivery or by pre-paid registered post, to complete and return it promptly to the Director.
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(7) The Minister may by regulations prescribe the form to be completed under this section and, without prejudice to the generality of the aforesaid, such regulations may provide for ascertaining—
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(a) the name and address of the person who has found the object concerned,
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(b) the time at which the object was found,
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(c) the circumstances of the finding of the object,
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(d) the exact location of the place where the object was found,
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and
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(e) the name of the owner or the occupier of the land on which the object was found, if such name can be established following reasonable inquiries.
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(8) Every person who finds an archaeological object and—
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(a) disturbs unnecessarily or damages the object,
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(b) fails to make a report of finding the object in accordance with this section,
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(c) wilfully withholds information concerning the find, or
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(d) fails within the period specified in subsection (6) of this section to return the prescribed form to the Director, or
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(e) makes under this section a report of a find that is to his knowledge false or misleading in any material respect, or
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(f) in contravention of this section fails or refuses to give to a Director or a designated person information within his knowledge in relation to the finding of an archaeological object, or
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(g) gives to the Director or a designated person information in relation to such archaeological object or the finding thereof which is to his knowledge false or misleading in any material respect,
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shall be guilty of an offence and shall be liable—
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(i) on summary conviction to a fine not exceeding £1,000 or to a period of imprisonment not exceeding 12 months, or to both such fine and imprisonment, or
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(ii) on conviction on indictment to a fine of £50,000 or a term of imprisonment not exceeding 5 years or to both such fine and imprisonment.
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(9) This section shall not apply to any person who discovers an archaeological object under and in pursuance of a licence issued in that behalf under section 26 of the Principal Act or a person exempt from having such a licence.”.
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