Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023

• Permanent Page URL

Minister’s discretion to apply special protection to Register action monument

20. (1) Subject to subsection (3), the Minister may, in a Register action, specify that section 30 applies to the Register action monument, including any case where—

(a) the Register action falls, whether in whole or in part, within paragraph (c) of the definition, in section 8 , of “Register action”, or

(b) the Register action falls, in whole, within paragraph (c) of the definition, in section 8 , of “Register action” and consists only of specifying that section 30 applies to the Register action monument.

(2) Subject to subsections (3) and (4), the Minister may, in a Register action, specify that section 30 has ceased to apply to the Register action monument, including any case where—

(a) the Register action falls, whether in whole or in part, within paragraph (c) of the definition, in section 8 , of “Register action”, or

(b) the Register action falls, in whole, within paragraph (c) of the definition, in section 8 , of “Register action” and consists only of specifying that section 30 has ceased to apply to the Register action monument.

(3) The Minister, in deciding whether or not to apply or cease to apply, pursuant to subsection (1) or (2) as appropriate, special protection to the Register action monument shall consider the interest, character, integrity, community or amenity value of the monument in terms of its archaeological, architectural or other historic heritage, taking into account whether the monument is, in terms of such heritage, of special or particular interest, character, integrity, community or amenity value, whether at a local, regional, national or international level.

(4) A Register action shall not specify that section 30 has ceased to apply to the Register action monument where the monument is—

(a) a national monument,

(b) a wreck referred to in section 135 , or

(c) a guardianship monument.