Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023
|
Application - Chapter 6 | ||
|
26. (1) Subject to subsections (2) and (4), this Chapter applies to any (including any combination) of the following: | ||
(a) a proposal by a person for the carrying out of relevant works; | ||
(b) a proposal by a person to direct or authorise the carrying out of relevant works; | ||
(c) the carrying out of relevant works by a person; | ||
(d) the directing or authorising by a person of the carrying out of relevant works. | ||
(2) (a) Subject to paragraph (b), this Chapter (apart from this subsection) does not apply to— | ||
(i) the authorisation of a proposal for the carrying out of relevant works, or | ||
(ii) the authorisation of the carrying out of relevant works, | ||
where such authorisation (whether a licence, consent, approval, permission or other authorisation) is granted, issued or given under an enactment (other than this Act) only for the purpose of making lawful the doing of an act as part of, or pertaining to, such works which would otherwise, in the absence of such authorisation, be unlawful under that enactment. | ||
(b) The disapplication, effected by paragraph (a), of this Chapter to an authorisation referred to in that paragraph shall not be construed to also disapply this Chapter to— | ||
(i) the proposal for the carrying out of relevant works, or | ||
(ii) the carrying out of relevant works, | ||
to which that authorisation relates. | ||
(3) Sections 32 to 41 shall only apply to relevant works where the person proposing to carry out, or carrying out, the works has not applied for the relevant authorisation for the works. | ||
(4) Where— | ||
(a) a licence, consent, approval, permission or other authorisation is required to be granted, issued or given under an enactment (not being the Act of 2000) for works to be carried out which may require an EIA, and | ||
(b) the Minister is satisfied that— | ||
(i) such works are capable (and without having regard to any particular case) of being relevant works, and | ||
(ii) it is reasonable and proportionate to do so and compatible with the protection of monuments, | ||
the Minister may prescribe such licence, consent, approval, permission or other authorisation for the purposes of paragraph (b) of the definition of “relevant authorisation” in subsection (5). | ||
(5) In this section, “relevant authorisation” means— | ||
(a) planning permission under the Act of 2000, or | ||
(b) a licence, consent, approval, permission or other authorisation prescribed under subsection (4) for the purposes of this paragraph. |