Archeological Objects
Vesting in State
An archaeological object is defined as any chattel in a manufactured, partly manufactured or unmanufactured state which, by reason of the archaeological interest attaching to it or its association with an Irish historical event, has a value substantially greater than its intrinsic value. It includes ancient human, animal, and plant remains.
The National Monuments Act 1994 provides that ownership of any archaeological object which is found after the commencement of the legislation is vested in the State where the object has no known owner at the time it is found. The State may, on the advice of the Director of the National Museum, waive the ownership of any such object.
The legislation does not apply to an archaeological object imported into the State for a period of less than two years for the purpose of exhibition, research, or restoration in accordance with an agreement entered with a person outside the State who claims to be the owner of the object in the state where a person intends to exhibit, carry out research on, or restore the object.
The contract may not be performed in the State in relation to an object to which the above provision would otherwise apply unless the terms of the contract have been approved by the Director of the National Museum.
Acquisition & Bounty
The Minister for Finance may pay a person who has found an archaeological object or the owner of land in which it was found a reward at its discretion. This does not imply any ownership of the object concerned.
The OPW, with the consent of the Minister, may acquire compulsorily or by agreement any monument which is, in their opinion, a national monument or part of the such monument. It may also acquire land in its vicinity for the provision of facilities appropriate for persons having access rights, easements, et cetera.
The OPW is obliged to maintain a record of monuments and places where they believe there are monuments. There must be a map showing the location. Where the owner or occupier, not being the OPW of a monument which has been recorded, proposes to carry on works, he must give notice of the proposal. This may not be done other than in case of urgent necessity without the consent of the OPW.
Offences
It is an offence to be in possession of an archaeological object which is found in the State unless the possession or control is for the purpose of satisfying the National Monuments Act or the object is one where the rights of the State have been waived. The purchase or acquisition of an archaeological object which has been found in the state is prohibited unless the State’s rights have been waived.
A person may not have possession or control of an archaeological object found in the State after the 1930 Act came into force unless it has been reported under that legislation within three months. A person who purchases or otherwise acquires such an archaeological object must inform the director of the transaction within 30 days.
It is an offence to fail to make the requisite reports or wilfully withhold information, or to make false or misleading reports.
Detectors
The Commissioners may, on application, give permission in writing on payment of a fee authorizsng the use of a detection device for the purpose of searching for archaeological objects at a specified place. Where a local authority is the owner or guardian, it grants the licence. It may be granted subject to conditions.
A person may not use at a place other than the place specified in a consent, a detection device for the purpose of searching for archaeological objects. A person may not promote or advertise the sale of a detection device for searching for such objects.
The Garda Siochana have powers to seize and detain detection devices and other equipment found in the vicinity of a monument or registered historic monuments. Equipment which a member of Garda Siochana reasonably believes is being used in the commission of an offence under the legislation or found in the vicinity of a wreck or an underwater archaeological object may also be seized.
If a person is convicted of an offence under the legislation of using a detection device or other equipment unlawfully, it may be ordered to be forfeited.
It is a defence to prove that the act was covered by a licence or by a prospecting licence under the Minerals Development Act.
Historical Wrecks
A wreck is a vessel or any part of a vessel lying wrecked in, on, or under the seabed or in any land covered by water and the objects contained in the vessel or formerly contained in it and lying in the seabed around it. Where the OPW is of the opinion that a certain area of the seabed is, or may prove to be, the site of a wreck or an archaeological object or of historical archaeological or artistic importance on account of the wreck or object, the place may be designated an underwater heritage area.
The area is restricted and a person may not damage, tamper with the wreck, carry out diving, surveying, or salvage operations for the purpose of detecting, locating or exploring a wreck or archaeological object or recovering it or part of it or using equipment for any such diving, survey or salvage operation.
They may not deposit so as to fall or be abandoned on the seabed covered by water on the restricted area, anything which would wholly or partly obliterate the site or obstruct access to or damage the wreck or object.
Wreck Issues
The OPW may grant a licence after consulting persons, including the Minister for Marine and Natural Resources, authorising actions in relation to historic wrecks and associated objects.
There is a duty on a person who finds a wreck which is more than 100 years old that is lying in or under the seabed or on land covered by water to report it within four days to the OPW or Garda Siochana.
There is a duty on a person who finds an object being an archaeological object lying in, under land or the seabed to report it to the Director of the National Museum of Ireland or a designated person.