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Chapter 3
Establishment of Register of Monuments and related provisions
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Establishment of Register of Monuments
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14. (1) The Minister shall, as soon as is practicable after the commencement of this section, establish and maintain a register to be known as the Register of Monuments.
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(2) (a) Subject to paragraph (b), the Register shall be in the form of an electronic database which is easily accessible to members of the public through public telecommunications networks.
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(b) The Register may also be in such other form or forms (if any) as the Minister thinks appropriate.
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(3) Subject to subsections (7) and (10), the Minister shall enter in the Register particulars of—
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(a) such relevant things of a relevant interest known to the Minister as he or she is of the opinion are appropriate to be entered in the Register, and
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(b) such prescribed monuments known to the Minister as he or she is of the opinion are appropriate to be entered in the Register.
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(4) (a) Where the Minister enters particulars of a prescribed monument or relevant thing of a relevant interest in the Register, he or she may, at the same time or subsequently, also enter with them particulars of such area surrounding such monument or thing (in this subsection referred to as the “surrounding area”) as the Minister considers reasonably necessary to secure the protection of the monument or thing, including the protection of—
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(i) the monument’s or thing’s amenities, and
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(ii) any other prescribed monument or relevant thing of a relevant interest which, taking into account the type of monument or thing which the first-mentioned monument or thing, as the case may be, is, it would be reasonable to consider might be in the vicinity of the first-mentioned monument or thing.
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(b) The surrounding area shall become part of the prescribed monument or relevant thing of a relevant interest which it surrounds immediately upon the entry in the Register, pursuant to paragraph (a), of the particulars of the surrounding area.
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(5) Without prejudice to the generality of subsection (4), the Minister may, for the purposes of determining an area referred to in that subsection the particulars of which are to be entered in the Register together with particulars of a prescribed monument or relevant thing of a relevant interest, take into account—
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(a) the topographical features (whether natural or otherwise) in the area in which the monument is situated, and
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(b) boundaries (whether apparent on the ground or otherwise).
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(6) (a) The Minister may make the same prescribed monument or relevant thing of a relevant interest the subject of 2 or more entries in the Register where—
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(i) it is not clear that such monument or thing is one such monument or thing or 2 or more such monuments or things, or
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(ii) to do so assists applying special protection to such monument or thing.
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(b) The Minister may make 2 or more prescribed monuments or relevant things of a relevant interest the subject of one entry in the Register where—
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(i) it is not clear that such monuments or things are 2 or more such monuments or things or a lesser number of such monuments or things, or
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(ii) to do so assists applying special protection to such monuments or things.
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(7) The Minister shall, in forming an opinion for the purposes of subsection (3) ABOUT A PRESCRIBED MONUMENT OR RELEVANT THING OF a RELEVANT INTEREST, have regard to the following matters in so far as they are relevant to such monument or thing:
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(a) the level of archaeological, architectural, historic or cultural interest of the monument or thing;
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(b) the physical integrity of the monument or thing;
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(c) the level of community or amenity value of the monument or thing;
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(d) the likelihood of the monument or thing, if it were to become a registered monument, being protected in situ;
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(e) the extent to which the monument or thing is subject to protection under any other enactment.
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(8) Nothing in subsection (7) shall of itself be construed as preventing the Minister from entering particulars of a prescribed monument or relevant thing of a relevant interest in the Register.
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(9) Where the Minister proposes to enter particulars of a relevant thing of a relevant interest or prescribed monument in the Register and is of the opinion that the proposal may have significance to another state, he or she may, at his or her discretion, consult with an authority in that state, being an authority that has responsibilities as regards historic heritage in that state, in order to ascertain the authority’s views (if any) on the proposal.
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(10) The reference in subsection (3)(b) to “such prescribed monuments known to the Minister” shall be construed to include a reference to “such sites where the Minister reasonably believes that there are, or may be, prescribed monuments there”, and the other provisions of this Act shall be construed accordingly.
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