Focus

Practical and legal issues in Preventive Archaeology

All over Italy the requirements of economic development are rapidly destroying many archaeological sites - the character of this destructive activity and the solutions adopted vary among different countries. The studies conducted by ANTAR ES-LAB (ANcient Topography, Archaeology and REmote Sensing - LABoratory) and the Geophysics for Archaeology Laboratory of IBAM cover the institutional and legislative background, provide statistical data and information on each field activity of preventive archaeology, examine particular strengths and greatest problems in preventive archaeology, compare theory and practice, and explore forms of existing international cooperation; aspects where European-level cooperative activity is most required.
Actually, preventive archaeology is more than development-led archaeology, rescue or salvage excavation: it seems the ideal solution for leaving the archaeological heritage intact. Preventive archaeology is the means for reconciling contradictory requirements: territorial and economic development on the one hand and preservation of the archaeological heritage on the other.
Preventive Archaeology is a relevant and current issue, which is actually focusing the interest of the scientific community. In fact, in Europe and in particular in Italy, after Decree No. 163 of 12 April 2006, Codice dei contratti pubblici (Code for Contracts Concerning Public Works), that devotes two articles (95 and 96) to the subject the need is increasingly apparent to conciliate the protection of the archaeological and Cultural Heritage with the development and progress of modern cities and landscape (in particular, with working activities which involve excavations, constructive or extractive activities, or large infrastructure projects).
The Italian law was issued in order to organise preventive archaeology, at least for Public Works. In particular, Article 95 points out that the preliminary project must contain an integrated geological and archaeological survey investigation to evaluate the archaeological risk. Only scholars who graduated in archaeology (with no less than a five-year degree) and/or a Department of archaeology are entitled to sign the report and to submit it to the Superintendent. The Superintendent, on the basis of the report as well as on the basis of the Superintendency's knowledge, may order test coring and/or excavation in order to establish the archaeological content of the area. This research will be directed by archaeologists
of the Superintendency and paid for by the public developer. According to the importance of the archaeological remains, the Superintendent may order an extended excavation or physical preservation (Article 96). In both cases, the cost falls on the builder, who also has to support the cost for publication and/or exhibition. This good law improves the development of "non-invasive archaeology" and is an intelligent response concerning Public Works; however, it does not apply to private projects, which are still treated on the basis of a law dated 1939 (occasional finds).
In the current panorama, the modern archaeologists must have specific skills, with an integrated and multidisciplinary training in order to know how to formulate preventive evaluation of the archaeological record, working on a specific area. In this perspective, knowledge of theory, legislative aspects, methods and techniques of modern preventive archaeology is of great importance.
The multidisciplinary approach of the research activities conducted by ANTAR ES LAB and Geophysics for Archaeology Laboratory of IBAM, involving experts in urban and landscape archaeology, geophysics, remote sensing, topography, WebGIS and, in particular, legal experts, coming from different scientific areas (Archaeology, Earth sciences, Engineering and Law) guarantees transversal, innovative and comprehensive results.
All the activities and research on preventive archaeology, at the same time, reflect a shared value with the Local Institutions, interested to import and reproduce the achievements within its own urban planning. In recent years, the team of researchers of ANTAR ES LAB and Geophysics for Archaeology Laboratory of IBAM has conducted many activities concerning preventive archaeology; often, the results of these research activities have been used by the local authorities to identify the exact location of uncovered remains and consequently develop tools for a smarter and more efficient urban planning.