Protecting Northern Ireland's archaeology through legislation
Historic Monuments have been protected by legislation since 1869, when a number of ecclesiastical structures were transferred to the ownership of the State.
Historic Monuments and Archaeological Objects (NI) Order 1995
The principle legislation currently in use is the Historic Monuments and Archaeological Objects (NI) Order 1995. The Order sets out powers of the Department, and a number of offences which may result in prosecution. A summary of some of the key elements of the legislation is provided below, but you should ensure you have read and are fully aware of the legislation and its requirements before undertaking any activities to which it relates.
Monuments in state care
This Order allows for monuments to be protected by taking them into the guardianship or ownership of the Department -known as State Care. Currently there are 187 monuments in State Care in Northern Ireland.
Scheduled historic monuments
The order also enables the Department to designate sites for protection as Scheduled Historic Monuments. These sites remain in private ownership and the Department works with landowners to ensure the sites are well managed. Works to these protected sites requires Scheduled Monument Consent from the Department. Damaging such monuments or undertaking works without consent may be an offence. Currently there are just over 2,000 sites scheduled for protection in Northern Ireland. That number is increasing as new sites are identified as meeting the criteria for protection.
Archaeological excavation
Archaeological excavations may be undertaken for various reasons, including for research purposes, or in advance of development as a condition of planning approval. Under Article 41 of the Historic monuments and Archaeological Objects (NI) Order 1995 an excavation licence is required for all archaeological excavations in NI. Undertaking such works without an excavation licence may be an offence. The Department is the licensing authority in Northern Ireland, currently issuing up to 300 excavation licenses each year.
Archaeological objects
The Historic Monuments and Archaeological objects (NI) Order restricts searching for archaeological objects. Anyone, including metal detectorists and divers intending to search for archaeological objects should be fully aware of these restrictions and the related offences. The Order also sets out the requirements for the reporting of objects which may be found, and related offences.
The Historic Monuments Council
Article 22 of the Historic Monuments and Archaeological Objects (NI) Order 1995 sets out the requirement for the Historic Monuments Council, for the purpose of advising the Department on the exercise of its powers under the order.
Treasure legislation in NI
The law on treasure in Northern Ireland is set out in the Treasure Act 1996, as amended by the Treasure (Designation) Order 2002 and, since 30 July 2023, the Treasure Designation (Amendment) Order 2023
More information about what treasure is and what to do if you find it can be found at Advice for finders of treasure in Northern Ireland.
The Protection of Wrecks Act
The Department for Communities also administers the Protection of Wrecks Act (1973) in Northern Ireland’s territorial waters, within 12 miles of shore, and have designated the wreck site of the Armada galleass Girona for protection under the Act. The Historic Monuments and Archaeological Objects (NI) Order 1995 also applies within territorial waters.