Decree-Law No. 164/97 establishes the regime for Underwater Archeological Works and aims to harmonise the legislation governing underwater archaeological activities with that applicable to terrestrial archaeological activities in Portugal.
The previous legislation separated Underwater Archeology from Terrestrial Archeology in what concerns methodological criteria and state supervision. On the other hand, these laws clearly established the commercial exploitation of underwater archaeological activity, to the detriment of the scientific contextualisation of the cultural heritage in question.
This legislation addresses the need to protect and preserve historical and scientific information found in underwater archaeological sites. It establishes rules for the exploration, registration, authorization, classification, and titling of pig commercial warehouses.
Furthermore, it eliminates the commercial exploitation of underwater cultural heritage. All archaeological activity carried out in the underwater environment is returned to the status of a strictly scientific undertaking and destructive or intrusive practices that could damage underwater cultural assets and their surrounding areas are prevented. However, the rights of chance finders are safeguarded, with the aim of making the guarantee of citizens’ rights compatible with the need to preserve the historical memory and scientific information that the goods they find can bring to Portuguese archaeology.
Finally, this policy emphasises the importance of balancing citizen rights with the preservation of historical heritage. It involves consultations with the autonomous government bodies of the Azores and Madeira regions to ensure a comprehensive approach to archaeological management.
In conclusion, Decree-Law No. 164/97 plays a crucial role in regulating underwater archaeological activities in Portugal, aligning them with terrestrial archaeological practices. By establishing clear guidelines and procedures, the decree-law aims to protect Portugal’s underwater cultural heritage and promote responsible archaeological exploration while respecting historical and scientific values.
