archaeological & built heritage assessment - The Heritage Council

A number of other statutes may also be relevant in certain circumstances. Under the Foreshore Acts 1933-
98 and the Dumping at Sea Acts 1981 & 96 marine developments require a licence from the Department
of the Marine & Natural Resources and applications for development may be referred to DoEHLG for
comment. The Merchant Shipping (Salvage & Wreck) Acts 1894 & 1993 provide that any part of a wreck
removed from the sea must be reported to the Receiver of Wrecks and also provide that the Director of
the National Museum may claim any archaeological objects retrieved. Finally, the Planning & Development
Acts 1963-2000 require notification to DoEHLG (and some other specified bodies) of any planning
application which may impinge on a feature of archaeological or historical interest.
For purposes of archaeological work Section 1 of the National Monuments (Amendment) Act 1994 defines
‘water’ as - inter alia - water courses, standing bodies of water, tidal areas and estuaries and the territorial
waters of the State.
Section 1 of the 1987 (Amendment) Act provides that ‘wreck’ ‘means a vessel, or part of a vessel, lying
wrecked on, in or under the sea bed or on or in land covered by water, and any objects that were formerly
contained in or on a vessel and are lying on, in or under the sea bed or on or in land covered by water’. Section 3
(4) of the 1987 Act provides that a person shall not dive on, damage, or generally interfere with, any
wreck which is more than one hundred years old or an archaeological object which is lying on, in or
under the sea bed or on or in land covered by water except in accordance with a licence issued by the
Minister of Environment, Heritage and Local Government (MoEHLG) under Section 3 (5) of the Act. As
such, underwater excavation, geophysical survey, dive survey and inter-tidal survey are all subject to
licensing.
The MoEHLG will only consider issuing licences under Section 3 (5) of the 1987 Act to carry out any
activities involving damage or to removal (whether in whole or part) of wrecks or underwater
archaeological objects where such damage removal (i) cannot reasonably be avoided, (ii) is in the interests
of archaeological research (and long term conservation and storage facilities are available for any removed
material, or (iii) is for the purpose of conservation.
Section 3 (6) of the 1987 Act (as amended) provides that a person finding a wreck over one hundred
years old must within four days make a report of the find to the MoEHLG or the Garda Síochaná. Section
3 (6) also provides that a person finding an archaeological object which is lying on, in or under the sea bed
or on or in land covered by water must within four days make a report of the find to the Director of the
National Museum of Ireland (NMI). It is recommended that the Underwater Archaeological Unit also be
contacted as it may be necessary to undertake a site inspection. Furthermore the site, find or feature
should not be disturbed, removed (unless it is in immediate danger of being destroyed) or altered while
awaiting further directions.
Section 3 (1) of the 1987 Act provides that where the MoEHLG is satisfied in respect of any place ‘on, in
or under the sea bed of the territorial waters of the State or on, in or under the sea bed to which section 2 (1) of
the Continental Shelf Act, 1968 applies or on or in land covered by water’ that (a) it is or may prove to be the site
where a wreck or archaeological objects lies or formerly lay, and (b) on account of the historical, archaeological or
artistic importance of the wreck or the object, the site ought t be protected’, then the Minister may be order (an
Underwater Heritage Order) designate ‘an area of the sea bed, or and covered by water, around and
including the site as a restricted area’.
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