(a) "archaeological investigation" means an investigation made by a person for the purpose of discovering, in, on or as forming part of the land within the province, archaeological objects and includes a survey or examination whether or not it involves interference with or removal of the soil or of an archaeological object on, in or partly in land;

(b) "archaeological object" means an object showing evidence of manufacture, alteration or use by humans that is found in or on land within the province and is of value for the information that it may give on prehistoric or historic human activity in the province and includes human remains;

(c) "division" means the Historic Resources Division of the Department of Tourism, Culture and Recreation;

(d) "foundation" means the Heritage Foundation of Newfoundland and Labrador referred to in section 19;

(e) "historic resources" means a work of nature or of humans that is primarily of value for its archaeological, prehistoric, historic, cultural, natural, scientific or aesthetic interest, including an archaeological, prehistoric, historic or natural site, structure or object;

(f) "land" includes land covered by water, whether fresh or salt, within the province;

(g) "minister" means the Minister of Tourism, Culture and Recreation;

(h) "municipal authority" means 

(i) the City of St. John's,
(ii) the City of Corner Brook,
(iii) the City of Mount Pearl,
(iv) Rep. By RSN 1990 cR-8 s44, and
(v) the local service district committee or the council of a town, community or region constituted or continued under the Municipalities Act;

(J) "provincial cultural property" means an historic resource that is the subject of a declaration under section 14;

(k) "provincial historic site" means a site, area, parcel of land, building, monument or other structure that is the subject of a declaration under section 16;

(l) "registered heritage structure" means a site, area, parcel of land, building, monument or other structure that is the subject of a declaration under section 21; 

(m) "registered historic site" means a site, area, parcel of land, building, monument or other structure that is the subject of a declaration under section 17; and 
 

(n) "registry" means the Provincial Registry of Historic Resources referred to in section 15. 

(a) the protection and preservation;

(b) the co-ordination of the orderly development;

(c) the study and interpretation; and

(d) the promotion of appreciation

of the historic resources of the province. 

(a) accept gifts or bequests of money and of other things that are suitable for the purpose of this Act;

(b) acquire by gift, donation, devise, bequest, loan, lease, purchase or other means an historic resource having a bearing on the history or heritage of the province; and

(c) lend or lease an historic resource acquired under this Act 
on the terms the minister considers appropriate.

(2) All money received by the minister on behalf of the Crown by gift, donation, contribution or bequest under this Act shall be credited in an account to be kept by the Minister of Finance.

(3) The money referred to in subsection (2) shall be used by the minister for the purpose for which the donor, contributor or testator gave, contributed or bequeathed it, but if the donor, contributor or testator did not state the purpose for which the money was to be used it may be used by the minister for a purpose, other than salaries, designed to encourage and assist the preservation of historic resources in the province.

(4) The Minister of Finance may, on the recommendation of the minister, pay into the fund amounts, out of money voted by the Legislature for the purpose of this Act, that the Minister of Finance considers appropriate.

(5) The Minister of Finance shall make payments out of the fund on the recommendation of the minister. 

(2) The purpose of the museum is to

(a) collect, catalogue, conserve, preserve, study and exhibit historic resources, whether or not of the province; and

(b) enlighten and educate the people of the province and the people of Canada respecting historic resources, whether or not of the province.

(2) The minister may issue a permit authorizing the person named in it to carry on an archaeological investigation.

(3) The minister may limit a permit as to time and location and may impose those other terms and conditions that the minister thinks necessary.

(4) The minister may cancel a permit at any time.

(5) The holder of a permit issued under this section shall 

(a) within a time that may be specified in the permit, provide to the minister a progress report on the work done, in the detail that the minister may require;

(b) upon completion of the investigation restore the site to the condition that existed before the beginning of the investigation, where it is reasonably possible to do so; and

(c) deliver to the minister possession of all archaeological objects recovered as the result of the investigation carried on under the permit.

(2) Where the land that is the subject of the permit is Crown lands, the permit holder is considered to have been given permission to enter onto the Crown lands for the purpose only of carrying out the activities authorized by the permit.

(3) Liability does not attach to the Crown by reason only of the issuing of a permit.

(4) Where as a result of an archaeological investigation it is shown that the value of the interest of a person in a site, parcel of land, building or structure affected by the investigation is diminished, the party carrying out the investigation shall pay to that person in respect of the diminution in value compensation that may be mutually agreed upon, or, in the absence of agreement, an amount to be assessed on application to a judge of the Trial Division. 

(2) A person shall not buy, sell, trade or otherwise dispose of or remove from the province for the purpose of selling, trading or otherwise disposing of an archaeological object found in, on, or taken from the land within the province.

(3) Where a person dies possessing of an archaeological object, the person responsible for the administration of the estate of the deceased person shall immediately deliver the archaeological object into the possession of the Crown.

(4) A sale or other disposition of Crown lands shall not operate as a conveyance of an archaeological object unless the sale or other disposition expressly states it does so operate. 

(a) making surveys for; or

(b) inspecting historic resources that may be present there.

(a) to carry out an assessment to determine the effect of the proposed operation or activity on historic resources in the area where the operation or activity is carried on;

(b) to prepare and submit to the minister, in accordance with the order, a report containing the assessment of the effect of the proposed operation or activity referred to in paragraph (a); and

(c) to undertake those preservative or protective measures or to take the other action that the minister considers necessary.

(3) The minister may include in an order made under this section a provision with respect to costs that the minister considers appropriate. 

(2) The minister shall by advertisement in the Gazette or by the other means that the minister considers appropriate give notice of a declaration under this section.

(3) An historic resource that is declared to be a provincial cultural property under this section shall be registered in the registry.

(4) The minister may acquire, on behalf of the Crown, for the museum or for other purposes a provincial cultural property and may pay to the owner of it compensation that may be approved by the Lieutenant-Governor in Council.

(5) A person shall not, except with the written consent of the minister, destroy, damage, deface, obliterate, alter, add to, mark or interfere with or remove from the province or agree to the removal from the province of a provincial cultural property. 

(a) provincial historic sites;

(b) registered historic sites;

(c) provincial cultural properties; and

(d) registered heritage structures.

(a) provincial historic site;

(b) registered historic site;

(c) provincial cultural property; or

(d) registered heritage structure.

(2) The minister shall by advertisement in the Gazette or by other appropriate means give notice of a declaration under this section. 

(2) The minister may by means of plaques or other signs or in another suitable manner mark or otherwise commemorate a registered historic site.

(3) The minister may make agreements with a person for marking or commemorating a registered historic site and for the care and preservation of that site. 

(a) to stimulate an understanding of and an appreciation for the architectural heritage of the province;

(b) to support and contribute to the preservation, maintenance and restoration of buildings and other structure or architectural or historical significance in the province; and

(c) to contribute to the increase and diffusion of knowledge about the architectural heritage of the province. 

(a) to designate buildings and other structures to the registry as registered heritage structures;

(b) subject to the regulations made under section 29, to make grants for the purpose of the preservation, maintenance or restoration of registered heritage structures;

(c) to enter into easements and covenants with a person to whom the foundation makes a grant for the preservation, maintenance or restoration of the architectural or historical characteristics of the registered heritage structure for which the grant has been made;

(d) by means of plaques or other signs or in another suitable manner, to mark or otherwise commemorate a registered heritage structure; and

(e) to make agreements with a person for marking or commemorating a registered heritage structure and for the care and preservation of that structure.

(2) The members of the foundation shall, subject to the approval of the minister, select 1 member to act as chairperson and 1 member to act as vice-chairperson of the foundation.

(3) The members appointed to the foundation, 1 of whom shall be from the Department of Tourism and Culture, shall provide geographic representation of the province and include persons whose expertise is necessary to the achievement of the objects of the foundation.

(4) The members of the foundation shall be appointed for a term of 3 years and are eligible for reappointment.

(5) A member of the foundation is not eligible for a grant from the foundation. 

(2) Members of the foundation shall be reimbursed by the foundation for expenses incurred in relation to meetings and the work of the foundation in accordance with a scale for expenses of public employees that may be provided.

(3) The expenses of the foundation shall be defrayed out of money appropriated for the foundation by the Legislature.

(2) The foundation may make disbursements from the fund for the purposes set out in the regulations made under section 29. 

(2) The financial year of the foundation is as defined in the Financial Administration Act. 

(2) The minister shall lay the annual report of the foundation before the House of Assembly within 15 days of the receipt of it, or if the House of Assembly is not then sitting, within the 1st 15 days of the next session. 

(a) respecting the making of grants for the purposes of this Part from the fund referred to in section 25;

(b) establishing criteria for the designation of buildings and other structures to the registry as registered heritage structures; and

(c) respecting forms for the purposes of this Part. 

(a) the minister;

(b) a municipal authority in which the property is situated;

(c) a heritage or historical organization approved by the minister; or

(d) the foundation that has as its purpose the protection of an historic resource or architectural characteristic,
may be registered in the Registry of Deeds against the title of the property affected.

(3) An easement or covenant entered into under subsection (1) may be assigned to another holder mentioned in subsection (1), and the easement or covenant continues to run with the property, and the assignee may enforce the easement or covenant as if the assignee were the assignor.

(4) Upon dissolution of a municipal authority or an organization referred to in paragraph (1)(c), an easement or covenant that it held under subsection (1) is assigned to the minister in accordance with subsection (3). 

(a) salvaging of the historic resource in danger;

(b) conducting of an archaeological investigation of the historic resource; or

(c) investigation of alternatives to the damaging or destruction of the historic resource.

(3) The person against whom a temporary stop order is made under subsection (1) or extended under subsection (2) may appeal to a judge of the Trial Division within 14 days of the date of that order and the judge may confirm, vary or rescind the order appealed from. 

(a) generally, for the operation and management of the museum;

(b) respecting the acquisition for and the lending and leasing of historic resources in the museum;

(c) generally, for the preservation and protection of historic resources and provincial historic sites;

(d) respecting the establishment and operation of the registry;

(e) respecting the issuing of permits to conduct archaeological investigations; and

(f) generally, to give effect to the purpose of this Act. 

(2) A peace officer or employee in the division designated by the minister may seize from a person found committing or whom the peace officer or employee has reasonable grounds to believe is committing an offence against this Act a tool, implement or other thing being used or which the peace officer or employee has reasonable grounds to believe is being used in the commission of the offence.

(3) A peace officer or employee in the division designated by the minister may seize from a person anything held or which the peace officer or employee has reasonable grounds to believe is being held in contravention of this Act. 

(2) A person who is convicted of an offence mentioned in subsection (1) owes as a debt to the province an amount spent in the restoration of an historic resource or provincial historic site damaged or altered during or as a consequence of the commission of the offence and the minister may by an action recover that sum.