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Fiji Legislation |
LAWS OF FIJI
Ed. 1978]
CHAPTER 264
Ordinances Nos. 6 of 1940, 2 of 1945
PRESERVATION OF OBJECTS OF ARCHAEOLOGICAL AND PALAEONTOLOGICAL INTEREST
AN ACT
TO PROVIDE FOR THE PRESERVATION OF OBJECTS OF ARCHAEOLOGICAL AND
PALAEONTOLOGICAL INTEREST.
[28th February, 1940.]
Short title
1.
This Act may be cited as the Preservation of Objects of Archaeological and
Palaeontological Interest Act.
Interpretation
2.
In this Act, unless the context otherwise requires-
"Board" means the Board of Trustees established under the provisions of the Fiji Museum Act;
(Cap. 263.)
"maintain" and "maintenance" include the fencing, covering in, repairing, restoring and cleansing of a monument, and the doing of any act which may be necessary for the purpose of maintaining a monument or of securing convenient access thereto;
"monument" means-
(a) any object of archaeological or palaeontological interest, and
(b) any area of land in which any such object is believed to exist,
which the Minister has by notice in the Gazette declared under section 6 to be a monument;
"object of archaeological or palaeontological interest" means any structure, erection, memorial, tumulus, cairn, place of interment, pit-dwelling, trench, fortification, irrigation work, mound, excavation, cave, rock, rockdrawing, painting, sculpture, inscription, monolith, or any remains thereof, fossil remains of man or animals or plants or any bed or beds containing, such fossil remains thereof, or any object (or any remains thereof) which is or are of archaeological, anthropological, ethnological, prehistoric, or historic interest, and includes-
(a) the site on which such object of archaeological or palaeontological interest was discovered or exists;
(b) such portion of land adjoining the said site as may be required for fencing or covering in or otherwise preserving such object of archaeological or palaeontological interest; and
(c) the means of access to and convenient inspection of such object of archaeological or palaeontological interest;
"owner" includes a joint owners, and any agent or trustee exercising powers of management over a monument, and the successor in title of any such owner and the successor in office of any such agent or trustee:
Provided that nothing in this Act shall be deemed to extend the powers which may lawfully be exercised by such manager or trustee.
Prohibition of certain acts unless authorised by permit
3.-
(1) Unless authorised by a permit issued by the Board, no person shall by means
of excavation or surface operations search for any
object of archaeological or
palaeontological interest. Such permit shall, so far as is practicable, be in
Form A set out in the
Schedule.
(2) The Board shall,
before issuing a permit under this section, satisfy itself that the applicant is
competent both by training or
experience to carry out an exploration or
excavation in accordance with the most recent scientific methods, and may, in
its discretion,
require to be satisfied that the applicant has the support,
financial and otherwise, of an archaeological or scientific society or
institution of repute.
(3) In
every permit issued under this section there shall be implied an undertaking on
the part of the permit-holder that he, or the
institution which he represents,
will, within a period of two years after the completion of the exploration or
excavation authorised
by the permit or within such longer period as the Board
may in writing approve, produce an adequate scientific report or publication
on
the results of the exploration and/or excavation, as the case may be, and will
deposit with the Board two copies of such report
or
publication.
(4) The Board may at
any time, without assigning any reason, revoke a permit given under this
section.
A permit may specify limitations and conditions
4.
A permit given under section
3
may specify, in regard to the acts which it authorises, such limitations and
conditions as the Board may consider necessary in order
to protect any object of
archaeological or palaeontological interest from injury, removal or dispersion,
or may authorise excavation
for and its removal to a place within Fiji subject
to such limitations and conditions as to the Board shall seem
fit.
Discoverer of any object to inform the Board
5.-
(1) Where any person discovers any object of archaeological or palaeontological
interest in the course of operations permitted by
a permit issued under section
3,
he shall, without undue delay, give notice thereof to the
Board.
(2) Where any person
discovers any object of archaeological or palaeontological interest, otherwise
than in the course of operations
permitted by a permit issued under section
3,
he shall, without undue delay, give notice thereof, indicating the precise site
and the circumstances of the discovery, to the Board,
and shall, if so
instructed by the Board, deliver such object to the
Board.
(3) Any person who fails to
comply with the provisions of subsection (1) or subsection (2), as the case may
be, shall be guilty of
an offence, and shall be liable to a fine of two hundred
dollars or to imprisonment for six months, or to both such fine and
imprisonment.
(Amended
by 2 of 1945, s. 124.)
Power to declare object to be monument
6.-
(1) The Minister may, by notice in the Gazette, declare any object of
archaeological or palaeontological interest and/or any area
of land in which
such objects are believed to exist to be a monument within the meaning of this
Act. Such notice shall state that
objections to the declaration of such object
or such area as a monument shall be lodged with the Permanent Secretary to the
Ministry
within one month from the date of the publication of the
notice.
(2) A copy of every notice
published under the provisions of subsection (1) shall forthwith be posted by
the Board in a conspicuous
place on or near the object or on the area to which
it relates.
(3) On the expiration
of the said period of one month, the Minister after considering the objections,
if any, shall confirm or withdraw
the
notice.
(4) A notice published
under this section shall, unless and until it is withdrawn, be conclusive
evidence of the fact that the object
of archaeological or palaeontological
interest or area to which it relates is a monument within the meaning of this
Act.
Acquisition of rights in or guardianship over monuments
7.-(1)
The Board may, with the sanction of the Minister, purchase or take a lease of
any monument.
(2) The Board may,
with the like sanction, accept a gift or bequest of any
monument.
(3) The owner of any
monument may by written instrument constitute the Board the guardian of such
monument, and the Board may, with
the sanction of the Minister, accept such
guardianship.
(4) When the Board
has accepted the guardianship of a monument under the provisions of subsection
(3) the owner shall, except as expressly
provided in this Act, have the same
estate, right, title and interest in and to such monument as if the Board had
not been constituted
guardian
thereof.
(5) When the Board has
accepted the guardianship of a monument under the provisions of subsection (3)
the provisions of this Act relating
to agreements executed under section
8
shall apply to the written instrument executed under the said
subsection.
(6) Where a monument
is without an owner, the Board may, with the sanction of the Minister, assume
the guardianship of such monument.
Preservation of monuments by agreement
8.-(1)
The Board may, with the sanction of the Minister, enter into a written agreement
with the owner of any monument for the protection
or preservation of such
monument.
(2) An agreement under
this section may provide for all or any of the following
matters:-
(a) the maintenance of the monument;
(b) the custody of the monument and the duties of any person who may be employed in connexion therewith;
(c) the restriction of the owner's right to destroy, remove, alter or deface the monument or to build on or near the site of the monument;
(d) the facilities of access to be permitted to the public or to any portion of the public and to persons deputed by the owner or the Board to inspect or to maintain the monument;
(e) the notice to be given to the Board in case the land on which the monument is situated is offered for sale by the owner, and the right to be reserved to the Board to purchase such land or any specified portion of such land at its market value;
(f) the payment of any expenses incurred by the owner or by the Board in connexion with the protection or preservation of the monument;
(g) the procedure relating to the settlement of any dispute arising out of the agreement;
(h) any matter connected with the preservation of the monument which is a proper subject of agreement between the owner and the authority; and
(i) the removal subject to the provisions of this Act of the monument to a place of safe custody.
(3)
The terms of an agreement under this section may be altered from time to time
with the sanction of the Minister and with the consent
of the owner.
(4) Subject to the sanction of
the Minister, the Board may terminate an agreement under this section on giving
six months' notice
in writing to the
owner.
(5) The owner may terminate
the agreement under this section on giving six months' notice to the
Board.
(6) An agreement under this
section shall be binding on any person claiming to be owner of the monument to
which it relates, through
or under a party by whom or on whose behalf the
agreement was executed.
(7) Any
rights acquired by the Board in respect of expenses incurred in protecting or
preserving a monument shall not be affected
by the termination of an agreement
under this section.
Owners under disability
9.
If the owner is unable, by reason of infancy or other disability to act for
himself, the person legally competent to act on his behalf
may exercise the
powers conferred upon an owner by section
8.
Enforcement of agreement
10.-(1)
If the Board apprehends that the owner or occupier of a monument intends to
build on or near the site of such monument in contravention
of the terms of an
agreement for its protection or preservation under section
8,
the Board may make an order prohibiting any such contravention of the
agreement.
(2) If an owner or
other person who is bound by an agreement for the protection, preservation or
maintenance of a monument under section
8
refuses to do any act which is in the opinion of the Board necessary to such
protection, preservation or maintenance, or neglects
to do any such act within
such reasonable time as may be fixed by the Board, the Board may authorise any
person to do any such act,
and the expenses of doing any such act or such
portion of the expense as the owner may be liable to pay under the agreement may
be
recovered from the owner.
(3) A
person aggrieved by an order made under this section may appeal to the Minister
who may cancel or modify it and whose decision
shall be final.
Compulsory purchase of monuments
11.-(1)
If the Minister apprehends that a monument is in danger of being destroyed,
injured or allowed to fall into decay, he may proceed
to acquire such monument
under the provisions of the Crown Acquisition of Lands Act, as if the
preservation of such monument were a "public purpose" within the meaning of the
Act.
(2) The powers of compulsory
purchase conferred by the provisions of subsection (1) shall not be exercised in
case of-
(a) any monument which, or any part of which, is periodically used for religious observances; or
(b) any monument which is the subject of a subsisting agreement executed under section 8.
(3)
In any case other than the cases referred to in subsection (2) the said powers
of compulsory purchase shall not be exercised unless
the owner or other person
competent to enter into an agreement under section
8
has failed, within such reasonable period as the Minister may fix in this
behalf, to enter into an agreement under the said section,
or has terminated or
given notice of his intention to terminate such an agreement.
Maintenance of monuments
12.-(1)
Every monument in respect of which the Board has acquired any of the rights
mentioned in section
7
or which has been compulsorily purchased under section
11
shall be maintained by the
Board.
(2) When the Board has
accepted the guardianship of a monument under section
7
the Board shall, for the purpose of maintaining such monument, have access to
the monument at all reasonable times for the purpose
of inspection and for the
purpose of bringing such materials and doing such acts as the Board may consider
necessary for the maintenance
or preservation
thereof:
Provided that the right
of access conferred on the Board under this subsection shall be deemed to extend
to the duly authorised agents,
inspectors and workmen of the
Board.
Voluntary contributions
13.
The Board may receive voluntary contributions towards the cost of maintaining a
monument and may, subject to the approval of the
Minister, give orders as to the
management and application of any funds so
received:
Provided that no
contribution received under this section shall be applied to any purpose other
than the purpose for which it was
contributed.
Protection of places of worship, etc., from misuse, pollution or desecration
14.-(1)
A place of worship or tomb maintained by the Board under this Act shall not be
used for any purpose inconsistent with its
character.
(2) When the Board has,
under section
7,
purchased or taken a lease of any monument, or has accepted a gift or bequest
thereof, or has accepted the guardianship thereof,
and such monument or any part
thereof is periodically used for religious worship or observances by any
community, the Board shall
make due provision for the protection of such
monument or such part thereof from pollution or desecration-
(a) by prohibiting the entry therein, except in accordance with conditions prescribed with the concurrence of the persons in religious charge of the said monument or part thereof, of any person not entitled so to enter by the religious usages of the community by which the monument or part thereof is used; or
(b) by taking such other action as the Board may think necessary in this behalf.
Relinquishment of rights in a monument
15.
Subject to the sanction of the Minister, the Board may-
(a) where rights have been acquired by such authority in respect of a monument under this Act by virtue of any sale, lease, gift or will, relinquish the rights so acquired to the person who would for the time being be the owner of the monument if such rights had not been acquired; or
(b) relinquish any guardianship which the Board has accepted under this Act.
Right of access by public to monuments
16.
Subject to such regulations as may be made by the Minister under section
23,
the public shall have a right of access to any monument maintained by the Board
under this Act.
Offences
17.
Save as is provided in this Act, any person who destroys, removes, injures,
alters, defaces or imperils a monument, or any object
of archaeological or
palaeontological interest, and any owner or occupier who contravenes an order
made under subsection (1) of section
10,
and any person who contravenes any of the terms and conditions imposed in a
permit granted under this Act, and any person who contravenes
any of the
provisions of subsection (1) or (3), of section
3
or subsection (1) of section
19,
shall be guilty of an offence and shall be liable to a fine of two hundred
dollars or to imprisonment for six months or to both
such fine and
imprisonment.
(Amended
by 2 of 1945, s. 124.)
Permit to excavate or remove a monument
18.
Notwithstanding anything contained in this Act, where the Board is of the
opinion that the excavation or removal of any monument
is desirable in the
interests of archaeology, science, history or art, it may grant a permit to any
person to excavate and/or remove
to a place within Fiji any such monument, or
any part thereof, on such terms and subject to such conditions as it may think
fit.
Such permit shall, as far as is practicable, be in Form B set out in the
Schedule.
Permit to remove any object or monument from Fiji
19.-
(1) No monument or object of archaeological or palaeontological interest may be
removed from Fiji unless such removal has been authorised
by a permit issued by
the Board. Such permit shall, so far as is practicable, be in Form C set out in
the Schedule.
(2) The Board may
issue a permit subject to such terms and conditions, which may include the
surrender to the Crown of a portion of
the monument or object of archaeological
or palaeontological interest, as it may deem fit, or it may, without assigning
the reason,
refuse to issue a
permit.
(3) Where under the
provisions of subsection (2) any portion of a monument or of an object of
archaeological or palaeontological interest
has been surrendered to the Crown,
the Minister may deposit the portion so surrendered in any museum or similar
institution in Fiji
or
elsewhere.
(4) An application for
a permit under this section shall be made in writing to the Board at least
thirty days before the date of the
proposed removal and shall contain a full
description of the monument or object of archaeological or palaeontological
interest in
respect of which the application is made. Before issuing a permit
under this section, the Board may cause an inspection to be made
and may cause
the monument or object of archaeological or palaeontological interest to be
sealed:
Provided that no such
permit shall authorise the removal from Fiji of any monument or object of
archaeological or palaeontological
interest except through a customs port of
entry and such permit shall be surrendered to a customs officer before export is
effected.
A customs officer shall detain any monument or object of
archaeological or palaeontological interest until such permit shall have
been
surrendered. Any monument or object of archaeological or palaeontological
interest may be confiscated and disposed of as the
Minister may direct if such
permit is not produced and surrendered within a reasonable period of
time.
Power to inspect and order cessation of work
20.-(1)
The Board and any other person specially authorised by the Minister, may, at any
time, inspect work being done in connexion with
objects of archaeological or
palaeontological interest or a monument, and may order cessation of such work
pending further orders
from the
Minister.
(2) Any person who fails
to comply with an order issued under this section shall be guilty of an offence,
and shall be liable to a
fine of two hundred dollars or to imprisonment for six
months or to both such fine and
imprisonment.
(Amended
by 2 of 1945, s. 124.)
Assessment of market value
21.
The market value of any property which the Minister is empowered to purchase at
such value under this Act shall, where any dispute
arises touching the amount of
such market value, be ascertained in the manner provided by the Crown
Acquisition of Lands Act, so far as it can be made applicable.
(Cap.
135.)
Exemption from stamp duty
22.
Any instrument executed under section
7
or section
8
shall be exempt from stamp duty.
Power to make regulations
23.
The Minister may make regulations for carrying out any of the purposes of this
Act.
__________
SCHEDULE
FORM A
(Sections 3 and 4)
THE PRESERVATION OF OBJECTS OF ARCHAEOLOGICAL AND PALAEONTOLOGICAL INTEREST ACT
PERMIT TO SEARCH FOR AND/OR TO REMOVE WITHIN FIJI OBJECTS OF ARCHAEOLOGICAL AND PALAEONTOLOGICAL INTEREST
Subject to the limitations
and conditions set out hereunder, ......................................, of
.......................................,
is hereby authorised to search in Fiji
either by means of excavation or surface operations for objects of
archaeological and palaeontological
interest and to remove such objects from the
site on which they are found to ............................
Trustees of the Fiji Museum.
Suva, this ................. day of ................, 19 ......
Conditions:-
_______
FORM B
(Section 18)
THE
PRESERVATION OF OBJECTS OF ARCHAEOLOGICAL AND
PALAEONTOLOGICAL INTEREST
ACT
PERMIT TO EXCAVATE OR REMOVE A MONUMENT WITHIN FIJI
Subject to the terms and
conditions set out hereunder,
........................................,
of
......................................., is hereby granted permission to
excavate and/or to remove to ............ the following
monument:
Trustees of the Fiji Museum.
Suva, this ............ day of ............., 19 .......
Conditions:-
________
FORM C
THE PRESERVATION OF OBJECTS OF ARCHAEOLOGICAL AND PALAEONTOLOGICAL INTEREST ACT
PERMIT TO REMOVE FROM FIJI AN OBJECT OF ARCHAEOLOGICAL AND PALAEONTOLOGICAL INTEREST OR A MONUMENT
Subject to the terms and conditions set out hereunder, ............................................., of .............................................. is hereby authorised to remove from Fiji by air/ship through the port of ................................ the following object(s) of archaeological and palaeontological interest/monument(s) to
Trustees of the Fiji Museum.
Suva, this ............ day of .................., 19 ......
Conditions:-
Controlled by Ministry of Education
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