The Heritage Inquisition: A Comparative Analysis of Archaeological Heritage Legislation from Around the World

Abstract

Around the world, archaeological sites and their excavation are governed by laws. These laws regulate things such as what must occur when land that may contain archaeological sites is going to be disturbed, as well as who is allowed to excavate sites, and what happens to the artifacts that are found. These laws have a real impact on archaeologists and other members of society, but they differ from jurisdiction to jurisdiction. By comparing current archaeological heritage legislation, regulation and policy in different jurisdictions around the world, this thesis identifies patterns both common and distinct within the heritage legislation. In this thesis, I draw from my own research to look at the diverse ways in which archaeology is regulated, practiced and perceived in different parts of the world. I draw from my own knowledge and experience of Ontario archaeology and include areas from around the world that share a similar past to that of Ontario, which results in the archaeology of colonial and Indigenous histories. The jurisdictions examined in this thesis are: Ontario and Nunavut in Canada; New Zealand, and Tasmania. In chapter one, I investigate and demonstrate how these archaeological heritage laws are important, and the real effect they have on people. Archaeological legislation protects archaeological sites and materials, and is sometimes perceived in a positive manner, and sometimes in a negative manner by affected people. In chapter two, I expand upon the effects of legislation on individuals by comparing the archaeological heritage legislation from the four chosen jurisdictions. I ask the question: which problems were solved by the legislation? Asking this question emphasizes the similarities and differences in the practice of archaeology from around the world and helps to show how different jurisdictions deal with specific archaeological situations. This analysis of the current archaeological heritage legislation of these jurisdictions offers insights into the role and influence heritage governance has on the lives of people around the world.