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Chapter 5 Excavating Out Of The Water
Article 34
The underwater cultural heritage shall not be excavated out of the water except for the following situations:
1. the underwater cultural heritage related to historical status or recognition of the nation.
2. the absence of such underwater cultural heritage could be detrimental to a full understanding of human history.
3. the underwater cultural heritage is of substantial commercial value that cannot be protected without excavating it out of the water.
4. excavation is necessary for the investigation and research of underwater cultural heritage.
5. the underwater cultural heritage cannot be sufficiently preserved, protected or managed without excavating it out of the water due to an emergency or the change of the existing environment.
6. other situations in which the competent authority deems necessary to excavate out of the water.
Article 35
In addition to the application of Article 22 provision, any excavation undertaken under the preceding Article is required that an underwater cultural heritage preservation and maintenance plan shall be posed at the same time in which non-destructive technology and survey method shall be used preferentially.
The expertise of underwater archaeology, underwater operators, and preservative scientist shall jointly participate in the measure for the excavation or emergency disposal.
Article 36
An excavation of underwater cultural heritage and the recordation associated therewith shall be submitted to the competent authority before the date designated by the competent authority.
The underwater cultural heritage set forth in the preceding paragraph shall be preserved and maintained by the means designated by the competent authority. The competent authority may assign preservation or archive agencies (institutions) to preserve or maintain such underwater cultural heritage when necessary.
The competent authority may, by itself assign related agencies (institutions) of its own, delegate power to local government or authorize other agencies (institutions), non-governmental bodies or individuals, to undertake exhibitions, educational or promotional activities of the excavated underwater cultural heritage.