New archaeological legislation allows Ireland to ratify the 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage.
The Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023 will “repeal” existing legislation relating to Ireland’s archaeological and related heritage.
It will institute new provisions equipped to cater for the protection of historic heritage in “ a modern era”, according to Minister of State with Responsibility for Heritage and Electoral Reform, Malcolm Noonan.
The Bill, once enacted, will replace the existing National Monuments Act 1930 to 2014, and other related legislation, and introduce a “range of novel provisions designed to provide for the protection and conservation of Ireland’s historic heritage”
The legislation allows for State ratification of the 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage.
This provides a “common legally binding framework for States parties on how to better identify, research and protect their underwater heritage while ensuring its preservation and sustainability”.
Other provisions in the new bill include:
Newly discovered archaeological sites will be afforded immediate legal protection, mirroring the existing system for archaeological objects and historic wrecks that are automatically protected without a need for formal designation or registration.
For the first time, a statutory reporting scheme for finds of monuments will be introduced.
A new “register of monuments” will be established, replacing several overlapping designation and registration systems currently in operation.
“World Heritage Property” will be defined for the first time in Irish legislation.
Subject to certain exceptions, archaeological objects with no known owner will automatically become the property of the State.
An integrated licensing system whereby one licence can authorise a range of activities will be introduced, and, for the first time, a statutory appeals process will be established to review licensing decisions.
A new civil enforcement procedure can be used as an alternative to, or to supplement, criminal proceedings.
In addition to the underwater cultural heritage treaty, international treaties which can be ratified include the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, and the 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects.
