First Previous (PART III. Protection and Preservation of National Monuments.) Next (SCHEDULE. Enactments Repealed.)

2 1930

NATIONAL MONUMENTS ACT, 1930

PART IV.

Miscellaneous.

Inspection of national monuments by the Commissioners.

20. —(1) The Commissioners may at any time and from time to time cause such inspections and reports to be made by their officers in regard to such national monuments as the Commissioners shall direct either generally or in respect of any particular monument.

(2) Any officer of the Commissioners may for the purpose of inspecting any national monument under this section enter on such national monument and any other lands and premises and there do all such things as he may consider necessary for the purposes of such inspection.

(3) Every person who obstructs or otherwise interferes with an officer of the Commissioners in the exercise of any of his powers under this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

The National Monuments Advisory Council.

21. —(1) The Minister shall establish by order an advisory council to be called and known as the National Monuments Advisory Council (in this Act referred to as the Advisory Council) for giving advice and assistance to the Commissioners on any matter arising on or relating to the carrying into execution of the provisions of this Act or any other matter affecting national monuments and the protection and preservation thereof.

(2) The Advisory Council shall consist of the Keeper of Irish Antiquities in the National Museum and an officer of the Commissioners nominated for the purpose from time to time by the Minister as ex-officio members and of such number of other persons (including representatives of the following bodies, namely, the Royal Irish Academy, the Royal Society of Antiquaries of Ireland, and the Royal Institute of the Architects of Ireland) as nominated members as the Minister shall nominate to be members thereof.

(3) Every nominated member of the Advisory Council shall, unless the previously dies or resigns, retain his membership for three years only from the date of his nomination but shall be eligible for re-nomination.

(4) The Advisory Council shall meet whenever summoned by the Commissioners and also on such other occasions as the Council may from time to time determine.

(5) The Advisory Council may make representations to the Commissioners with respect to any matter relating to national monuments and shall give to the Commissioners, if requested by them so to do, their advice with regard to any question relating to such monuments.

(6) Payments may be made by the Minister out of moneys to be provided by the Oireachtas to members of the Advisory Council and committees thereof to such amounts as the Minister may consider just in respect of the repayment of travelling expenses and payment of subsistence allowance.

Local Advisory Committees.

22. —(1) A local authority may establish an advisory committee (in this Act referred to as a local advisory committee) to perform the functions mentioned in this section and every such committee shall be styled and known by the name of the functional area of the local authority by whom it is established followed by the words “National Monuments Advisory Committee.

(2) Every local advisory committee shall consist of such number of persons, not less than three nor more than five, as the local authority by whom the same is established shall appoint to be members thereof.

(3) The persons appointed to be members of a local advisory committee may or may not, as the local authority shall think fit, be members of the local (authority by whom they are appointed but shall in every case be persons having practical experience or special knowledge of or interest in architecture, archaeology or some kindred subject and shall hold office as such members for such period as shall be fixed by the local authority when appointing them.

(4) A local advisory committee shall whenever so requested by the local authority by whom it was established give to such local authority advice and assistance in relation to the protection and preservation of the national monuments or any particular national monument in the functional area of such local authority or in relation to any other matter arising in the performance by such local authority of its duties and functions under this Act.

(5) A local advisory committee may make to the local authority by which it was established or to the Commissioners or to the Advisory Council such representations as it may think fit in relation to national monuments in its functional area.

Reports of finding of archaeological objects.

23. —(1) Every person who finds any archaeological object shall within fourteen days after he has found such object, make a report of such finding to a member of the Gárda Síochána on duty in the district in which such object was so found or the Keeper of Irish Antiquities in the National Museum and shall when making such report state his own name and address, the nature or character of the said object and the time and place at which and the circumstances in which it was found by him, and shall also, and whether he has or has not made such report as aforesaid, and irrespective of the person to whom he has made such report (if any) give to any member of the Gárda Síochána or to the said Keeper on request any information within his knowledge in relation to such object or the finding thereof and shall permit any member of the Gárda Síochána or the said Keeper to inspect, examine or photograph such object.

(2) Every person who finds an archaeological object and—

(a) fails without reasonable excuse to make a report of such finding in accordance with this section, or

(b) makes under this section a report of such finding which is to his knowledge false or misleading in any material respect, or

(c) in contravention of this section fails or refuses to give to a member of the Gárda Síochána or the Keeper of Irish Antiquities in the National Museum information in relation to such archaeological object or the finding thereof, or

(d) gives to a member of the Gárda Síochána or the said Keeper information in relation to such archaeological object or the finding thereof which is to his knowledge false or misleading in a material respect.

shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

Restriction of export of archaeological objects.

24. —(1) It shall not be lawful for any person to export or attempt to export or sell for export any archaeological object without or otherwise than in accordance with a licence issued by the Minister for Education under this section.

(2) The Minister for Education may at his discretion issue to any person a licence to export any particular archaeological object and may insert in any such licence such conditions and restrictions as he shall think proper.

(3) Any person who exports or attempts to export or sells for export an archaeological object in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or, at the discretion of the Court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.

Prohibition of injury, etc., to archaeological objects.

25. —(1) It shall not be lawful for any person to injure, deface or destroy any archaeological object, nor shall it be lawful for any person to alter any archaeological object otherwise than under and in accordance with a licence in that behalf granted under this section.

(2) The Minister for Education may if he thinks fit issue to any person a licence to alter a specified archaeological object in such manner, to such extent and subject to such conditions as are specified in such licence.

(3) Every person who injures, defaces, destroys or alters an archaeological object in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or, at the discretion of the Court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.

Restriction of excavation for archaeological purposes.

26. —(1) It shall not be lawful for any person, without or otherwise than in accordance with a licence issued by the Commissioners under this section, to dig or excavate in or under any land (whether with or without removing the surface of the land) for the purpose of searching generally for archaeological objects or of searching for, exposing or examining any particular structure or thing of archaeological interest known or believed to be in or under such land or for any other archaeological purpose.

(2) The Commissioners may at their discretion issue to any person a licence to dig or excavate in or under any specified land for any specified archaeological purpose and may insert in any such licence such conditions and restrictions as they shall think proper.

(3) Any person who digs or excavates in or under any land in contravention of this section shall be guilty of and offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds.

(4) Nothing in this section shall apply to or render unlawful digging or excavation in, or under any land for or in the course of any agricultural or industrial operation nor shall a licence under this section operate to render lawful the doing of anything which would be unlawful if this section had not been passed.

Amendment of section 14 of the Irish Land Act, 1903.

27. —In section 14 of the Irish Land Act, 1903, the expression “ancient monument” shall have the same meaning as the expression “national monument” has in this Act, and the said section shall be construed and have effect accordingly.