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CHAPTER 51
ANTIQUITIES, MONUMENTS AND MUSEUM

ARRANGEMENT OF SUBSIDIARY LEGISLATION

SECTION 37

                            Antiquities, Monuments and Museum Regulations, 1999.

 

CHAPTER 51

ANTIQUITIES, MONUMENTS AND MUSEUM

ANTIQUITIES, MONUMENTS AND MUSEUM REGULATIONS, 1999

S.I. 38/1999
(SECTION 37)
[Commencement 2nd July, 1999]

PART I
PRELIMINARY

1. These Regulations may be cited as the Antiquities, Monuments and Museum Regulations, 1999.

Citation.

2. In these Regulations-

Interpretation.

"Act" means the Antiquities, Monuments and Museum Act, 1998;

"historic resource" means any antiquity or monument.

PART II
NATIONAL REGISTER

3. In exercise of powers conferred upon the Minister by subsection (1)(i) of section 37 of the Act, a register to be called "the National Register of Historic Resources" shall be kept by the Minister or any person authorised by him in writing and shall contain all of the information specified in Form 1 of the First Schedule.

National Register.

PART III
PERMIT

4. (1) An application for the grant of a permit under section 6 of the Act shall be made to the Minister and shall contain all of the relevant information specified in Form 2 of the First Schedule together with-

Application for permit.

(a)
a plan in duplicate showing the location, boundaries and general features of the area in respect of which the permit is sought, and the particular site, if any, of the proposed operations;
(b)
a photograph or photographs sufficient to identify and describe the area under application, to the satisfaction of the Minister; and
(c)
the application fee set out in the Second Schedule.

(2) An application for the grant of a permit under paragraph (1), shall be submitted at least ninety days before the date upon which the permit is to take effect.

5. (1) A permit granted by the Minister under section 6 of the Act, shall be made in Form 3 of the First Schedule and shall be valid for twelve months from the date of the grant unless otherwise prescribed in the permit.

Permit.

(2) A record of every permit granted under section 6 of the Act shall be entered by the Minister in a book to be kept for that purpose made in Form 4 of the First Schedule.

PART IV
LICENCE

6. (1) An application for the grant of a licence under section 13 of the Act shall be made to the Minister and shall contain all of the relevant information specified in Form 5 of the First Schedule together with-

Application for licence.

(a)
a performance bond in Form 6 of the First Schedule;
(b)
a plan in duplicate showing the location, boundaries and general features of the area in respect of which the licence is sought, and the particular site, if any, of the proposed operations;
(c)
a photograph or photographs sufficient to identify and describe the area under application, to the satisfaction of the Minister; and
(d)
the application fee set out in the Second Schedule.

(2) An application for the grant of a licence under paragraph (1), shall be submitted at least ninety days before the date upon which the licence is to take effect.

7. (1) A licence granted by the Minister under section 13 of the Act shall be made in Form 7 of the First Schedule and shall be valid for twelve months from the date of the grant unless otherwise prescribed in the licence.

Licence.

(2) A record of every licence granted under section 13 of the Act shall be entered by the Minister in a book to be kept for that purpose made in Form 8 of the First Schedule.

PART V
RENEWAL AND REPLACEMENT

8. (1) An application to renew the grant of a permit or licence shall be made to the Minister and shall contain all of the relevant information specified in Form 9 of the First Schedule at least ninety days before the date upon which the permit or licence is due to expire.

Renewal and replacement.

(2) There shall be payable upon the renewal or replacement of a document issued under these Regulations the fees set out in the Second Schedule.

PART VI
POWERS AND DUTIES OF MINISTER

9. (1) The Minister shall consider and make a determination with respect to any application under these Regulations within sixty days of the submission of the application to him.

Determination by Minister.

(2) In considering an application under paragraph (1), the Minister may require the applicant to submit any additional information or to make any relevant declaration which may enable him to make a proper determination with respect to the application.

(3) The decision of the Minister shall be communicated to the applicant in writing.

10. (1) The Minister may, at any time upon application in writing made by the holder of a permit or licence, vary any of the terms or conditions of that permit or licence.

Variation of permit or licence.

(2) In considering an application under paragraph (1), the Minister may take into account any representations made by members of the public and the holder of such permit or licence giving them reasonable opportunity to be heard.

11. The time prescribed in these Regulations for doing any act thereunder by or to the Minister may be extended by the Minister upon such terms as he may direct, and the extension may be granted though the time has expired for doing such act.

Extension of time.

FIRST SCHEDULE

FORM 1 (Regulation 3)

NATIONAL REGISTER OF HISTORIC RESOURCES

ANTIQUITIES, MONUMENTS AND MUSEUM ACT, 1998

Registration Number

Name of Historic Resource

Location of Historic Resource

Description of Historic Resource

Classification of Historic Resources

Official Information

FORM 2 (Regulation 4(1))

APPLICATION FOR A PERMIT

ANTIQUITIES, MONUMENTS AND MUSEUM ACT, 1998

TO:    The Minister responsible for Antiquities, Monuments and Museums

Full name
Address
Telephone number
Date of Birth
Nationality
Passport No.
Occupation

Address where correspondence and notices in writing from the Minister may be served on you

Are you applying in a personal capacity? Yes/No

Are you applying as the representative/member of an organization? Yes/No

If applying as a representative/member-

State the name, address and nature of the organization (i.e. a university, museum, company, society etc.)

Attach evidence of the organizations consent/ authorization to you making the application.

If applying in a personal capacity-

State the name, address and nature of any institution or body to which you are affiliated (i.e. university, museum, etc.)

State relevant academic or professional qualifications

State previous excavation experience

Year

Site Name and Location

Type of site

Persons in charge

Publications upon finding

 

[continue on separate sheet if necessary]

What is the nature of the proposed operation?

Has the site been excavated or disturbed previously? Yes/No

If yes, give details

What is the purpose of the proposed operation (i.e. a particular object, general research, practical material for a thesis, etc.)

State the proposed date of commencement of the proposed operations Estimated duration in 8 working-hour days

State method to be used in carrying out the proposed operations on the site (i.e. machinery, hand tools, dry sieving, flotation separation, etc.)

State the number of persons to be engaged in the proposed operations

State the names, nationality and addresses of such person-

Name

Nationality

Address

 

[continue on separate sheet if necessary]

State estimates of cost and proposed financial expenditure

State source(s) of finance (i.e, personal, grant from museum or university, etc.)

Will a proper scientific study of any antiquities discovered be subsequently conducted? Yes/No If yes, give details

Will a report concerning the proposed operations be published? Yes/No If yes, give details

I                                                 certify that to the best of my knowledge and belief the information supplied by me herein is correct. In the event that I am granted a permit I acknowledge that as permit holder I will be personally in charge of the [state proposed operations] and accept full responsibility for the manner in which the [state proposed operations] is conducted and agree that any act or omission committed or performed by any participant in the [state proposed operations] shall be deemed to have been committed or performed by myself as permit holder.

Dated this

day of

,19

...................................................
Signature of Applicant

Note:    An applicant is required to enclose with this application-

(a)
a plan in duplicate showing the location, boundaries and general features of the area in respect of which the permit is sought, and the particular, site, if any, of the proposed operations;
(b)
a photograph or photographs sufficient to identify and describe the area under application to the satisfaction of the Minister; and
(c)
the prescribed application fee.

FORM 3 (Regulation 5(1))

PERMIT

Permit No.______________

ANTIQUITIES, MONUMENTS AND MUSEUM ACT, 1998

THIS PERMIT is granted under section 6 of the Antiquities, Monuments and Museum Act, 1998 to [state name and address], subject to the conditions, if any, set out below, to [state approved operations] within the area of [state name and location] as described in the attached plan and edged in red.

CONDITIONS

Signed ..................................................
    Minister responsible for Antiquities,
    Monuments and Museums

Dated ...................................................

Note:    1.     This permit is valid for a period of twelve months and may be renewed upon application to the Minister at least ninety days before the date upon which it is due to expire.

2.
You are advised to make yourself familiar with the provisions of the Antiquities, Monuments and Museum Act, 1998 and the Regulations made thereunder.

FORM 4 (Regulation 5(2))

REGISTER OF PERMITS

ANTIQUITIES, MONUMENTS AND MUSEUM ACT, 1998

Particulars of Permits granted.

Permit Number

Name and Address of Permit Holder

Name and Location of site

Nature and Purpose of operations

Method of operations

Official Information

 

FORM 5 (Regulation 6(1))

APPLICATION FOR A LICENCE

Application No.__________

ANTIQUITIES, MONUMENTS AND MUSEUM ACT, 1998

TO:    The Minister responsible for
                Antiquities, Monuments and Museums.

Full name
Address
Telephone number
Date of Birth
Nationality
Passport No.
Occupation

Address where correspondence and notices in writing from the Minister may be served on you

Are you applying in a personal capacity? Yes/No

Are you applying as the representative/member of an organization? Yes/No

If applying as a representative/member-

State the name, address and nature of the organization (i.e. a university, museum, company, society etc.)

Attach evidence of the organizations consent/ authorisation to you making the application.

If applying in a personal capacity-

State the name, address and nature of any institution or body to which you are affiliated (i.e, university, museum, etc.)

State relevant academic or professional qualifications

State previous excavation experience

Year

Site Name

Type of site

Persons in charge

Publications upon finding

 

[continue on separate sheet if necessary)

What is the nature of the proposed operations?

Has the site been excavated or disturbed previously? Yes/No If yes, give details

What is the purpose of the proposed operations (i.e. a particular object, general research, practical material for a thesis, etc.)

State the proposed date of commencement of the proposed operations

Estimated duration in 8 working-hour days

State the method(s) to be used in carrying out activities on the site (i.e. machinery, hand tools, dry sieving, flotation separation, etc.)

State the number of persons to be engaged in the proposed operations

State the names, nationality and addresses of such persons:

Name

Nationality

Address

 

[continue on separate sheet if necessary]

State estimates of cost and proposed financial expenditure

State source(s) of finance (i.e. personal, grant from museum or university, etc.)

Will a proper scientific study of any antiquities discovered be subsequently conducted? Yes/No If yes, give details

Will a report concerning the proposed operations be published?   Yes/No   If yes, give details

I                                         certify that to the best of my knowledge and belief the information supplied by me herein is correct. In the event that I am granted a licence I acknowledge that as licensee I will be personally in charge of the [state proposed operations] and accept full responsibility for the manner in which the [state proposed operations] is conducted and agree that any act or omission committed or performed by any participant in the [state proposed operations] shall be deemed to have been committed or performed by myself as licensee.

Dated this

day of

........................................................
Signature of Applicant

Note:  An applicant is required to enclose with this application-

(a)
the prescribed performance bond;
(b)
a plan in duplicate showing the location, boundaries and general features of the area in respect of which the licence is sought, and the particular site, if any, of the proposed operations
(c)
a photograph or photographs sufficient to identify and described the area under application, to the satisfaction of the Minister; and
(d)
the prescribed application fee.

FORM 6 (Regulation 6(1))

PERFORMANCE BOND

ANTIQUITIES, MONUMENTS AND MUSEUM ACT, 1998

TO:    Minister responsible for Antiquities, Monuments and Museums

BY THIS BOND I                   [state name and address of applicant] bind myself to the Minister responsible for Antiquities, Monuments and Museums in the sum of                  dollars to be paid to him.

Sealed with my seal this

day of

WHEREAS   [state name of applicant]               has made application to the Minister for the grant of a licence under section 13 of the Antiquities, Monuments and Museum Act to       [state proposed operations]             at     [state name and location of site]           to be commenced on

[state date of proposed operations].

NOW THE ABOVE-WRITTEN OBLIGATION is conditioned to be void in case the above-bounden                    shall henceforth at all times perform and observe the conditions on his part to be performed and observed and contained in the application.

Date this

of

FORM 7 (Regulation 7(1))

LICENCE

Licence No._____________

ANTIQUITIES, MONUMENTS AND MUSEUM ACT, 1998

THIS LICENCE is granted under section 13 of the Antiquities, Monuments and Museum Act, 1998 to [ state name and address ] subject to the conditions, if any, set out below, to        [ state approved operations ]      within the area of      [state name and location]       as described on the attached plan and edged in red.

CONDITIONS

Signed .................................................
    Minister responsible for Antiquities,
    Monuments and Museums

Dated ......................................................

Note:    1.     This licence is valid for a period of twelve months and may be renewed upon application to the Minister at least ninety days before the date upon which it is due to expire.

2
You are advised to make yourselves familiar with the provisions of the Antiquities, Monuments and Museum Act, 1998 and the Regulations made thereunder.

FORM 8 (Regulation 7(2))

REGISTER OF LICENCES

ANTIQUITIES, MONUMENTS AND MUSEUMS ACT, 1998

Particulars of licences granted:

Licence Number

Name and address of Licensee

Name and Location of site

Nature and purpose of operations

Method of operations

Official Information

 

FORM 9 (Regulation 8(1))

APPLICATION TO RENEW A PERMIT OR LICENCE

ANTIQUITIES, MONUMENTS AND MUSEUM ACT, 1998

TO:    The Minister responsible for Antiquities, Monuments and Museums

Full name
Address
Telephone number
Date of Birth
Nationality
Passport No.
Occupation

Address where correspondence and notices in writing from the Minister may be served on you

If renewing as a representative/member of an organization, attach evidence of the organizations consent/authorization to you renewing the application

State site name, address and type

State nature of site and give a description of the operations carried on at the site

State any changes proposed to the operations carried on at the site

State any changes to the number of persons engaged and if so, state the names, nationality and addresses of such persons

Name

Nationality

Address

 

[continue on separate sheet if necessary]

Signature of Applicant

Permit/Licence Number

Application Number

     (for Official use only)

Renewal:

Date of Expiration:

Signed:

...................................................................
Minister responsible for Antiquities, Monuments and Museums

Note: 1. An applicant applying to renew a permit or licence is required to enclose the prescribed fee.

SECOND SCHEDULE

FEES

Upon application for a permit .........................................

$ 50.00

Upon application for a licence ........................................

$300.00

Upon renewal of a permit ...............................................

$ 50.00

Upon renewal of a licence ..............................................

$300.00

Upon replacement of a permit or licence ........................

$ 20.00

 

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