The Cultural Heritage (Protection) Act, 2025

This Act establishes a comprehensive legal framework for the protection, management and conservation of cultural heritage in Antigua and Barbuda, covering tangible and intangible heritage, land-based and submerged items, movable and immovable objects, and sites associated with historical events, persons, architectural designs and constructions. It defines key terms including cultural heritage, natural heritage, underwater cultural heritage, continental shelf and Exclusive Economic Zone, and sets out heritage significance criteria and requirements for Conservation Management Plans. The National Parks Authority is designated as the Competent National Authority, supervised by the Minister, and supported by a National Advisory Committee; the Act requires inventories, a National Cultural Heritage Site Registry, a Cultural Heritage Unit, and notification to UNESCO under the Convention on the Protection of the Underwater Cultural Heritage (2001).
The Act creates a permit and reporting regime: discoveries of archaeological cultural heritage (including underwater) must be reported and left undisturbed except in specified emergency circumstances, and activities directed at such heritage require permits issued on the basis of an approved Project Design and compliance with detailed Rules (Schedule Annexes). It prohibits commercial exploitation of archaeological cultural heritage, mandates export certificates for export of cultural objects, sets processes for designation of national cultural heritage, and requires impact assessments and mandatory consultation for activities that may incidentally affect heritage. The Act also contains provisions on ownership (State ownership of archaeological heritage absent prior ownership), public acquisition, and rewards for discoverers at the Authority’s discretion.
Implementation and enforcement mechanisms are specified: the Competent National Authority must maintain registries, conduct research, establish funding mechanisms, and coordinate with UNESCO and the International Seabed Authority for underwater heritage beyond national jurisdiction. Enforcement powers include seizure, stabilization and disposition of seized items, access to premises via warrants, and designated enforcement agencies (police, defence force, customs, immigration and other ministerial orders). Offences attract fines and imprisonment; procedures for return of illegally trafficked cultural heritage and regulatory powers for the Minister (including amending the Schedule and Rules) are provided.