The following words and phrases - wherever they appear in this Law - shall have the meanings explained before each of them, unless the context requires otherwise:
Competent Authority: Ministry of Culture, or Heritage Commission, or Museums Commission, each according to its jurisdiction, as determined by the regulations.
Council: Board of Directors of the Heritage Commission or Board of Directors of the Museums Commission, each according to its jurisdiction, as determined by the regulations.
President: The Chief Executive Officer of the Heritage Commission or the Chief Executive Officer of the Museums Commission, as determined by the regulations.
Regulations: The executive regulations of this Law.
Antiquities / Archaeological Sites: The fixed, movable, buried, and submerged properties within the Kingdom’s borders and in the maritime areas under its sovereignty or legal jurisdiction, which were built, made, produced, shaped, or drawn by humans, and have acquired archaeological characteristics due to human intervention over the ages, even if their history extends to a later period, provided that it is not less than one hundred (100) years. The Commission may classify what dates back to a more recent era as antiquities, including historical sites, folk heritage sites, and pieces.
Fixed Antiquities: Antiquities connected to the land, such as: natural or man-made caves used by humans, rocks on which images or inscriptions have been drawn or carved, cairns, stone circles, ruins of cities and villages, visible or buried underground structures, water installations, ancient trade and pilgrimage routes, traditional cities, villages, neighborhoods, buildings constructed for various purposes, ruins of those buildings, and related architectural elements.
Movable Antiquities: Archaeological pieces originally made to be naturally separate from the land or fixed antiquities, which can be relocated, such as sculptures, coins, writings, jewelry, adornments, and heritage pieces that hold national value in terms of their historical, scientific, aesthetic, artistic, traditional, or antiquity of use character.
Urban Heritage: Everything constructed by humans including cities, villages, neighborhoods, buildings, along with the spaces, structures, and pieces that have architectural, historical, scientific, cultural, or national value.
Historical Sites: Places that witnessed important historical or national events, or are mentioned in literary heritage, and do not necessarily contain visible or buried antiquities.
Folk Heritage Sites: Places where social, cultural, craft, or economic activities related to folk heritage are held or organized.
Folk Heritage Pieces: Tools and pieces made or used by humans in recent ages in any region of the Kingdom to manage their living affairs, including food, clothing, housing, education, self-defense, health preservation, and recreational tools.
Museum: A place where archaeological, artistic, cultural, historical, or scientific materials are permanently displayed, achieving cultural, educational, or entertainment objectives, and open to the public at fixed times. The term (private collection) is used for anything else.
Excavation of Antiquities: All digging, probing, surveying, and diving activities conducted according to scientific principles aimed at discovering antiquities beneath the ground, on its surface, in watercourses, lakes, or in maritime areas under the Kingdom’s sovereignty or legal jurisdiction.
Archaeological Survey: All activities of exploring and documenting archaeological sites by various scientific means, whether on the surface, underground, or underwater.
Antiquities Excavator: Any natural or legal person scientifically and professionally qualified in the field of antiquities excavation.
Classification: Determining the degree of importance of the antiquity according to its historical, cultural, artistic, scientific, or national value.
Person / Persons: Natural person, or public or private legal entity.
Minister: Minister of Culture.
All movable and immovable antiquities available in the Kingdom or in maritime zones under its sovereignty or jurisdiction shall be considered public property of the State, excluding the following:
1. Immovable antiquities whose owners have proven ownership thereof before the competent authorities.
2. Movable antiquities registered by their owners with SCTA.
3. Movable antiquities whose registration is not deemed necessary by SCTA.
Any person who owns any movable antiquities shall present them to SCTA for registration within two years from the effective date of this Law.
1- The Authority, in accordance with the procedures stipulated in the Law on Expropriation of Real Estate for Public Benefit and Temporary Possession of Real Estate, has the right to own or temporarily possess any archaeological site, urban heritage site, or popular site, or the lands adjacent to registered fixed antiquities.
2- The Authority, upon confirming the deterioration of the condition of any archaeological site, urban heritage site, popular site, historical building, or the buildings or lands adjacent to registered fixed antiquities, as a result of the continued violation by its owner of the provisions of the law or regulations, may take any necessary measures to halt the deterioration and repair the damage at the owner's expense, provided that it is established that the owner is capable of bearing the costs incurred from taking any of those measures. The Authority shall issue documents regarding those costs, and such documents shall be considered executive instruments.
If the evacuation of an archaeological site is deemed necessary, SCTA may, in coordination and cooperation with the competent authorities, carry out the evacuation for a just compensation, in accordance with procedures set in the Law of Eminent Domain and Temporary Taking of Property. SCTA may also keep said sites and buildings under the control of their owners or beneficiaries in accordance with the Regulations.
Ownership of a land shall not entitle the owner nor beneficiary to dispose of movable or immovable antiquities above or underground. A land owner or beneficiary may not undertake excavation work for antiquities in the land. Excavation shall be carried out by SCTA or by any party authorized by SCTA. Any archaeological finds shall be considered the property of the State. SCTA may, if necessary, relinquish claim on immovable antiquities in the land upon establishing their significance, classification, documentation, and registration, in accordance with the provisions of this Law and its Regulations.
1. It is prohibited to trespass to, distort, remove, damage, or deface archaeological sites or urban heritage sites by writing, painting, inscription, posting flyers, setting fire, or altering or obliterating their features.
2. No signs, banners, or any other advertising posters may be placed on archaeological sites or urban heritage sites without the approval of SCTA.
SCTA shall decide the archaeological value of antiquities and urban heritage and determine items that should be registered. The registration of any archaeological item entails the State’s acknowledgment of its national, historical, cultural, or artistic significance, as well as the preservation, protection, and exhibition thereof in accordance with the provisions of this Law and its Regulations.
1. SCTA shall maintain a record named ''Antiquities Record'' for registering all antiquities. The Record shall include the following:
a) Movable and immovable antiquities.
b) Historical sites and folk heritage sites, according to their classification as specified in Article 25 of this Law.
c) Folk heritage artifacts, according to their classification as specified in Article 34 of this Law.
2. SCTA shall prepare registration lists to be approved by the President.
3. The registration of any antiquity may be cancelled in whole or in part, and the cancellation decision shall be issued by the President. The Regulations shall specify rules governing full or partial registration.
4. If SCTA, in exception to paragraph 1 of this Article, deems it unnecessary to register an antiquity or decides to cancel its registration, in whole or in part, it shall allow disposal thereof in accordance with the provisions of this Law and its Regulations.
1. SCTA shall determine archaeological and urban heritage sites and coordinate with the Ministry of Municipal and Rural Affairs and relevant agencies, each within their jurisdiction.
2. Archeological and urban heritage sites shall be preserved when carrying out projects for planning, expansion or improvement of urban or rural areas. In addition, easement rights shall be taken into consideration, including designation of construction-free areas, in coordination with the Ministry of Municipal and Rural Affairs. Planning projects, in which, or in the vicinity of which, there are archaeological and urban heritage sites, may not be adopted without the approval of SCTA.
3. Licenses for construction or renovation in areas adjacent to archaeological and urban heritage sites may not be issued without SCTA’s agreement.