The main provisions of the Legislative Decree include the following:
1. Effects of the DAS
The effects of the DAS depend on the findings identified in the area under study.
- If archaeological remains are found on the surface of the area under study: The corresponding administrative procedures for archaeological intervention may be initiated. In this case, the DAS will not have the same effect as the CIRAS.
- If there is no evidence of archaeological remains on the surface of the area under study: The DAS may be used as an alternative equivalent to the CIRAS for the administrative procedures or formalities required by entities.
- If archaeological remains are partially found in the area under study:
- The section of the DAS that refers to the area without archaeological remains on the surface is used as an alternative equivalent to the CIRAS.
- The section of the DAS that refers to the area with archaeological remains on the surface does not have the same effect as the CIRAS. The person in charge can initiate the corresponding administrative procedures for archaeological intervention.
The DAS becomes effective upon registration in the Specialized Digital Platform to be implemented by the Ministry of Culture, or at the physical or virtual intake desk, within five working days of obtaining the DAS. Otherwise, the DAS will have no effect for use in any administrative procedure or formality.
The DAS does not authorize the execution of works or excavations or the collection of cultural materials. It neither grants real rights over the land under study, nor does it determine that the archaeological area is registered. Additionally, it cannot be used for the regularization of works in progress.
2. Communication of the initiation of the preparation and issuance of the DAS
If the DAS is chosen, the Ministry of Culture must be informed of the start of the document preparation at least three days before the prospecting visit to the area under study. This notification must be made by the contracted archaeologist by registering the information in the Specialized Digital Platform to be implemented by the Ministry of Culture, or in the physical or virtual intake desk.
During the elaboration of the DAS, the Ministry of Culture may coordinate visits and issue recommendations.
3. Responsibility for the issuance of DAS
The DAS is issued by a registered and authorized archaeologist. All the information in this document constitutes a sworn statement; therefore, the signatories are responsible for the veracity of its content.
If the DAS is found to contain false documentation, the corresponding administrative, civil and criminal liabilities will apply.
4. Infringements and penalties
Article 49 of Law No. 28296, General Law on the National Cultural Heritage, has been amended to include the following administrative penalty: "A fine will be imposed on whoever submits a DAS with false information within the framework of an administrative procedure".
Spanish version
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