| Short title |
1. These Regulations may be cited as the Archaeological
Investigation Permit Regulations.
143/91 s1
|
| Definitions |
2. In these regulations
(a) "Act" means The Historic Resources Act;
(b) "archaeological research project" means a specific research program
carried out for the purpose of locating, recovering, analyzing, and interpreting
archaeological resources;
(c) "archaeological resource" means a work of man that
(i) is primarily of value for its prehistoric, historic, cultural
or scientific significance, and
(ii) is or was buried or partially buried in the land in the province;
(d) "archaeological survey" means an examination of a physical land area,
including subsurface deposits, for the purpose of obtaining information
on the archaeological resources located on, in or under the land;
(e) "branch" means the Historic Sites Branch of the Historic Resources
Division;
(f) "conservation" means conservation as defined in the Code of Ethics
and Guidance for Practice for Those Involved in the Conservation of Cultural
Property in Canada;
(g) "conservator" means conservator as defined in the Code of Ethics
and Guidance for Practice for Those Involved in the Conservation of Cultural
Property in Canada and who is experienced in the field of archaeological
conservation;
(h) "Cultural property export permit" means cultural property export
permit as defined in The Cultural Property Export and Import Act (Canada);
(i) "division" means the Historic Resources Division of the department;
(j) "examination records" means examinations records as defined in the
Code of Ethics and Guidance for Practice for Those Involved in the Conservation
of Cultural Property in Canada;
(k) "excavate" means to explore for, locate or recover archaeological
resources which are or were buried in the land of the province;
(l) "historic resources impact assessment" means an assessment carried
out to determine the impact a proposed development will have on archaeological
resources in the area where the development is proposed to be carried out;
(m) "land" includes land covered by water, whether fresh or salt, within
the province;
(n) "minister" means the minister appointed under the Executive Council
Act to administer the Act;
(o) "permit period" means the period specified on the archaeological
research permit for which the permit is valid;
(p) "resource archaeologist" means the resource archaeologist of the
historic sites branch; and
(q) "site" means any place where archaeological resources are located
which cannot be excavated without a valid permit issued under the Act.
143/91 s2
|
| Permits required |
3. Archaeological Investigation Permits issued by
the Minister through the Branch are required for
(a) archaeological surveying,
(b) archaeological excavation,
(c) historic resources impact assessment.
143/91 s3
|
| Applying for
a permit |
4. (1) A person who applies for a permit shall do
so to the minister through the resource archaeologist.
(2) A permit application must be submitted by the individual who will
assume responsibility for all scientific aspects of the research, in the
field and in the laboratory.
(3) The application form submitted under subsection (1) must be received
by the resource archaeologist no later than one month (20 working days)
before the commencement of the archaeological research project.
(4) Exceptions to subsection (3) will be considered only under unusual
circumstances.
(5) The application form submitted under subsection (1) shall be accompanied
by
(a) a current resume including the applicant's educational
background, any relevant scientific publications to the applicant's credit,
all institutions to which the applicant has been attached since the completion
of his/her post-graduate studies and the applicant's status at each institution
as well as any experience pertinent to the proposed project; and
(b) documentation evidencing that the applicant
(i) has prepared a written post graduate thesis in archaeology
or anthropology and has been awarded a graduate degree in archaeology or
anthropology at an accredited university,
(ii) has had at least 24 weeks of supervised training in the field in
basic research techniques in archaeological surveying and excavation, and
at least 6 weeks of training in one or both archaeological laboratory analysis
and archaeological curating, and
(iii) has demonstrated the capacity to design and execute a relevant
study comparable in scope and quality to the project described in the permit
application.
(6) The supervised training in the field referred to in subparagraph (5)(b)(ii)
shall consist of segments of at least two continuous weeks.
(7) Notwithstanding subsection (5) the Minister may, upon the advice
of an independent panel of professional archaeologists, accept documentation
which evidences qualifications equivalent to those referred to in subsection
(5).
143/91 s4
|
| Student application |
5. (1) A student who is enroled in a post-graduate
university program may apply to the minister
for an archaeological investigation permit if
(a) he/she has a sponsor who meets the requirements of subsection
4(5) and who agrees in writing endorsed on the application form to
(i) review the methodology that the student proposes to use,
(ii) inspect the project in the field after the field investigations
have been commenced but before such investigations are more than one-third
complete, and
(iii) provide the resource archaeologist with a typewritten report within
30 days after the inspection in the field to assess the progress of the
project; and
(b) he or she submits to the resource archaeologist an application in Form
A that is signed by him/her and his/her sponsor.
(2) If an archaeological investigation permit is issued under this section
the student and his/her sponsor are jointly responsible for fulfilling
the conditions of the permit.
143/91 s5
|
| Where permit issued |
6. (1) If a permit is issued under this regulation,
the application form completed by the applicant shall be considered to
form part of the permit.
(2) A permit is valid only for the permit period.
(3) Permits must be produced for inspection in the field upon request.
(4) A permit application may be made for an archaeological research
project involving several locations, however, if another project is initiated
even in the same location, another application must be submitted.
(5) A person who holds a permit issued under these regulations may apply
to the minister through the resource archaeologist to amend the permit
and the minister may refuse, allow or vary the amendment in whole or in
part and alter the permit accordingly.
(6) A person who holds a permit issued under these regulations shall
be involved, personally, in the field investigations by carrying out the
work required or by directly supervising the individual conducting the
research project for at least 75% of the time necessary to complete the
study.
143/91 s6
|
| Other approvals |
7. The permit holder shall obtain all necessary
approvals to conduct research on private or publicly restricted lands.
143/91 s7
|
| Holder bound |
8. The permit holder is bound by all provincial
and federal legislation and regulations where
applicable.
143/91 s8
|
| Report of discovery |
9. (1) If, during the course of carrying out work
under a permit, the permit holder discovery
(a) discovers a new site, he or she shall report the discovery
to the resource archaeologist within 30 days; or
(b) finds that the integrity of a site is threatened, he or she shall
report the situation to the resource archaeologist within 48 hours.
(2) The resource archaeologist may require a permit holder to locate sites
identified by the resource archaeologist that are situated in the area
described in the permit and to report any changes in the status of the
sites to him or her in writing
(a) within 90 days of the commencement of the permit period;
or
(b) within 48 hours if the integrity of the site is threatened by any
means.
143/91 s9
|
| Site information |
10. (1) The permit holder shall ensure that all
site information is properly recorded on historic sites branch archaeological
record forms.
(2) Alternate excavation record forms may be considered as substitutes
for branch record forms and must be submitted to the branch along with
the permit application for approval.
143/91 s10
|
| Site record |
11. A permit holder shall, within 30 days after
the expiration of the permit, or within such further period specified in
the permit, submit to the resource archaeologist
(a) completed Newfoundland and Labrador archaeological site record forms
for all newly discovered sites and for all revisits to known sites;
(b) 1:50,000 scale topographic maps showing the location of all sites,
all areas surveyed and survey techniques employed.
143/91 s11
|
| Further reporting |
12. A permit holder shall, within 180 days after the expiration
of the permit, or within such further period specified in the permit, submit
to the resource archaeologist
(a) completed historic sites branch archaeological record forms, including
field, level, feature and photographic record, level and feature plan and
scientific and radiocarbon sample forms;
(b) a representative selection of black and white prints and colour
slide photographs depicting a variety of perspectives of each site, including
(i) geographic situation,
(ii) condition before commencement of the archaeological investigation,
including views of all visible surface features,
(iii) agents of site degradation if any are present,
(iv) plan views of excavation units,
(v) stratigraphic profiles,
(vi) archaeological features,
(vii) conservation measures employed in the field, and
(viii) post-excavation condition;
(c) detailed plans of each site;
(d) vertical sectional drawings of each site;
(e) a typewritten interim report outlining activities carried out under
permit for inclusion in the annual report publication series.
143/91 s12
|
| Project report |
13. (1) The permit holder shall, within 365 days from the expiration
of the permit or within such further period specified in the permit, submit
a project report to the resource archaeologist.
(2) A project report submitted under subsection (1) shall be typewritten
and shall
(a) describe the field work undertaken and the location of
and extent of investigation of each site, including
(i) an accurately scaled map showing the location of each site
and all survey routes and test holes,
(ii) detailed plans of each site,
(iii) vertical sectional drawings of each site,
(iv) representative photographs of each site,
(v) an accurately scaled map showing the area described in the permit
in relation to any sites reported under section 9,
(vi) details of subsurface testing, including the location of holes,
(vii) the depths at which cultural and natural speciments were located,
(viii) the number of cultural and natural specimens identified,
(ix) a detailed description of all diagnostic artifacts and finished
artifacts, including relevant metric data,
(x) line drawings or photographs of all diagnostic artifacts and finished
artifacts described under subparagraph (ix), and
(xi) line drawings and photographs of other cultural and natural specimens
significant to the research objectives stated in the permit application;
(b) describe the methodologies used in data acquisition, recording and
analysis, including field, archival and laboratory investigations;
(c) describe the environmental factors and cultural history relevant
to the investigations;
(d) assess the current physical status of the site and any present or
potential factors which could alter the current status;
(e) interpret significance of the site investigated, based on a summary
examination of the findings; and
(f) assess the results of the investigation in relation to the scope
and objectives of the project, as stated in the permit.
(3) Where a final report is submitted within 180 days from the expiration
date of the permit, requirements under paragraph 13(2)(e) shall be waived.
143/91 s13
|
| Final report |
14. (1) Where a research project is continued for 2 or more
seasons, in addition to subsection 13(1), a permit holder shall submit
a final report to the resource archaeologist, within 2 years from the expiration
date of the final permit.
(2) A final report submitted under subsection (1) shall be typewritten
and shall include a summary of the research project, in its entirety, including
information as outlined in subsection 13(2).
143/91 s14
|
| Copies of publications |
15. (1) A permit holder shall submit copies of all publications
or theses produced, which contain reference to the archaeological research
conducted under permit to the branch.
(2) Publications or theses produced may be submitted to the minister
for consideration as fulfilment of subsection 13(1).
143/91 s15
|
| Care of objects |
16. (1) A person who conducts an archaeological research project
or an historic resources impact assessment under an archaeological investigation
permit shall clean, number and catalogue all archaeological objects collected
in the course of the research project.
(2) Archaeological objects shall be
(a) catalogued on archaeological artifact record sheets provided
by the branch;
(b) identified, either individually or grouped together, by means of
common diagnostic attributes and common provenance,
(i) a Borden designation number according to the site of origin,
(ii) a sequential catalogue number according to internal site provenance;
(c) delivered to the branch within a period of 2 years from the expiration
date of the permit with 2 weeks’ notice to the resource archaeologist.
(3) Computerized artifact records may be considered as substitutes for
paragraph (2)(a) with prior approval from the branch.
(4) A permit holder shall be responsible for ensuring that necessary
changes are made to correct
any errors found in the cataloguing of collections of archaeological
objects returned to the province under paragraph 15(2)(c).
143/91 s16
|
| Conservation |
17. (1) Conservation of all archaeological objects recovered
under permit is the responsibility of the permit holder.
(2) The permit holder shall
(a) demonstrate that adequate budgeting has been allocated
for conservation;
(b) obtain the services of a conservator approved by the branch who
will assume responsibility for the conservation of the archaeological objects;
(c) submit a current resume demonstating the conservator's educational
background,
employment experience, any relevant scientific publications to the
conservator's credit, as well as any experience pertinent to the proposed
project with the permit application;
(d) demonstrate that adequate facilities are available for conservation;
(e) ensure that the conservator examines all archaeological objects
recovered under permit;
(f) provide the branch with all examination records, however brief;
and
(g) provide the branch with detailed treatment records, where treatment
has been considered necessary, and batch treatment records, where material
has been treated in bulk.
(3) Treatment records shall be signed and dated by he conservator and shall
include the following information:
(a) site name;
(b) Borden, specimen and permit numbers;
(c) name, description, material(s) and condition of the archaeological
object; and
(d) details of treatment, including treatment proposal, materials used
and methods and techniques employed during treatment.
(4) Notwithstanding paragraph 17(2)(b), the minister may, if he or she
is satisfied that an applicant is unable to comply with the requirements
of paragraph 17(2)(b), accept documentation that in his or her opinion
evidences that the permit holder can carry out the required conservation
with structured supervision and instruction, provided by a qualified conservator.
143/91 s17
|
| Export permit |
18. (1) Permit holders requesting a Cultural Property Export
Permit shall provide the following information, in writing, to the branch
(a) justification of the need for the cultural property export
permit;
(b) a detailed list, submitted in triplicate, and count of all archaeological
object and scientific samples to be exported, organized by object type,
site name and Borden number;
(c) a detailed description of arrangements for shipping the archaeological
objects; and
(d) a tentative schedule for return of the archaeological objects to
the province.
(2) Requests for cultural property export permits must be received by the
branch no later than 3 weeks prior to the proposed date of the export.
(3) The permit holder shall deliver all archaeological objects and scientific
samples to be exported to the resource archaeologist for inspection prior
to export.
(4) The permit holder shall , within a period of 365 days from the expiration
date of the permit or within such further period specified in the permit,
provide the resource archaeologist with a complete catalogue of archaeological
objects exported.
(5) The minister may apply terms and condtiions to the export of archaeological
objects as he or she considers appropriate.
143/91 s18
|
| Review |
19. (1) In the case of rejection of the permit application an
automatic review by an independent panel of professional archaeologists
may be conducted.
(2) The panel's recommendations will be forwarded to the minister for
a final decision.
143/91 s19
|
| Contravention |
20. (1) A permit holder who contravenes a condition of his or
her permit is not eligible to apply for another permit until he or she
has fulfilled the condition he or she has contravened.
(2) If a permit holder contravenes a condition of the permit or the
Act or regulations, the minister may cancel that permit and any other archaeological
investigation permit held by the permit holder under the Act, by giving
him or her a notice of cancellation.
(3) A notice of cancellation under subsection (2) shall be served in
accordance with section 8 of the Act.
143/91 s20
|
| Repeal |
21. The Archaeological Investigation Permit Regulations, Newfoundland
Regulation 143/91, are repealed. |