Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023
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Chapter 2 Prescribed monuments | ||
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Prescribed monuments | ||
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12. (1) (a) Subject to paragraphs (b) and (c), there may be prescribed, for the purposes of this Act, a class of relevant things which falls within any of paragraphs (a) to (h) of the definition of “relevant thing” in section 2 . | ||
(b) The Minister shall not exercise his or her power under paragraph (a) unless he or she is of the opinion that the relevant things which fall within the class of relevant things concerned— | ||
(i) are of archaeological interest or of other relevant interest, and | ||
(ii) ought, by reason of their nature or where they are situated, to be subject to the provisions of this Act that apply in relation to prescribed monuments. | ||
(c) The class of relevant things which is wrecks one hundred or more years old shall be deemed to be a class of relevant things prescribed under paragraph (a). | ||
(d) A thing which falls within a class of relevant things— | ||
(i) prescribed under paragraph (a), or | ||
(ii) deemed under paragraph (c) to be a class of relevant things prescribed under paragraph (a), | ||
shall in this Act be referred to as a “prescribed monument”. | ||
(2) Without prejudice to the generality of subsection (1), the Minister may under that subsection prescribe a class of relevant things by reference to any one or more than one of the following criteria: | ||
(a) age, date or period (including by reference to any terminology relating to periods) that, in the opinion of the Minister, is or has been in use in archaeology or other relevant disciplines; | ||
(b) morphology; | ||
(c) condition; | ||
(d) typology (including by reference to typologies which, in the opinion of the Minister, are or have been in use in archaeology or other relevant disciplines); | ||
(e) the environment in which the relevant thing is situated (including whether or not the relevant thing is situated under water); | ||
(f) the circumstances in which the relevant thing is found (including the manner of finding); | ||
(g) whether the relevant thing is or is not marked or shown on any— | ||
(i) edition of any ordnance map, or | ||
(ii) map prescribed for the purposes of this paragraph. |