12
The guardianship of antiquity by agreement
Act: Antiquities Act 1975
Section Provisions
ACT VII OF 1976 ANTIQUITIES ACT, 1975 ACT VII OF 1976 ANTIQUITIES ACT, 1975 An Act to repeal and re‑enact the law relating to the preservation and protection of antiquities 12. The guardianship of antiquity by agreement.‑(1) The owner of any immovable antiquity or protected antiquity may, by an agreement in writing constitute the Director the guardian of such antiquity and the Director may, with the previous sanction of the Federal Government, accept such guardianship. (2) Where the Director has accepted the guardianship of an antiquity in pursuance of an agreement under subsection (1), the owner shall, except as expressly provided in this Act and in the agreement, have the same right, title and interest in and to the antiquity as if the Director had not been constituted the guardian thereof. (3) An agreement under this section in relation to an antiquity may provide for all or any of the following matters, namely:‑ (a) the maintenance of an antiquity; (b) the custody of the antiquity and the duties of any person who may be employed to watch it; (c) the restrictions upon the right of the owner to alienate, destroy, remove, alter or deface the antiquity or to build on or near the site of the antiquity; (d) the facilities of access to be allowed to the public; (e) the facilities to be allowed to persons deputed by the owner or the Director for inspection aid maintenance of the antiquity; (f ) the expenses to be incurred in connection with the preservation of the antiquity and payment of such expenses if incurred by the owner; (g) compensation to be paid for any loss sustained by the owner or occupier or any other person as a result of the enforcement or observance of the agreement; and (h) any other matter connected with the custody, management and preservation of the antiquity. (4) The terms of an agreement under this section may be altered from time to time with the sanction of the Federal Government and with the consent of the owner. (5) An agreement under this section in relation to an antiquity may be terminated upon six months' notice in writing given by the Director, with the previous sanction of the Federal Government, to the owner or by the owner to the Director.