Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023
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General protection and relevant works | ||
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27. (1) Subject to subsection (2) and section 29 (4), a person shall not carry out relevant works where the relevant monument is a monument to which general protection applies, or direct or authorise the carrying out of such works, other than under and in accordance with a licence. | ||
(2) (a) This subsection applies to relevant works other than relevant works— | ||
(i) which require either— | ||
(I) a licence by virtue of Part 6 , or | ||
(II) an AA necessitated by a provision of this Act, | ||
or | ||
(ii) which would require, if they were the subject of an application for a licence (even though no such application has for the time being been made), a screening determination for EIA or an EIA by virtue of section 34 (2)(a). | ||
(b) Subject to subsections (3) to (8), it shall not be a contravention of subsection (1) for a person to carry out relevant works, or direct or authorise the carrying out of the relevant works, without a relevant licence (including without making a relevant application for such licence) if— | ||
(i) subject to paragraph (c), the person carrying out the relevant works, or directing or authorising the carrying out of the relevant works, has given the relevant days valid notice in writing to the Minister of his or her intention to carry out the relevant works, or direct or authorise the carrying out of the relevant works, as the case may be, | ||
(ii) the relevant days referred to in subparagraph (i) have elapsed and the person has been given a notice under subsection (4)(b) stating that the notice referred to in subparagraph (i) is a valid notice, and | ||
(iii) either— | ||
(I) the relevant works are carried out in accordance with the conditions (if any) specified by the Minister under section 28 (2)(a) or (4), or | ||
(II) the person has been given a notice under section 28 (2)(b) stating that the Minister has decided that the relevant works should not be subject to conditions. | ||
(c) Subject to paragraph (d), a notice under paragraph (b)(i) from a person shall be deemed to be an application for consent referred to in paragraph (1) of Regulation 42 of the Habitats Regulations and, accordingly— | ||
(i) subject to subsection (4)(c), the Minister shall, before giving the notice concerned under subsection (4)(b), carry out, in respect of that first-mentioned notice, a screening for AA (as construed in accordance with Part 5 of those Regulations) in accordance with paragraphs (6) and (7) of that Regulation, | ||
(ii) the powers under that Regulation requiring the submission of a Natura impact statement (within the meaning of Regulation 2 of those Regulations) shall, in respect of that first-mentioned notice, be exercisable by the Minister, and | ||
(iii) where the Minister determines that an AA is required— | ||
(I) the first-mentioned notice shall cease to have effect, and | ||
(II) the notice concerned under subsection (4)(b) shall inform that person of the Minister’s determination and the reasons therefor and of the cesser referred to in clause (I). | ||
(d) Paragraph (c) shall not apply to a notice under paragraph (b)(i) where the Minister is satisfied that the relevant works to which the notice relates have been the subject of— | ||
(i) a screening for AA (as construed in accordance with Part 5 of the Habitats Regulations), under another enactment (whether the Act of 2000 or otherwise), which complies with Part 5 of the Habitats Regulations, or | ||
(ii) an AA under another enactment from which it can be concluded that the carrying out of the relevant works would not be incompatible with that AA. | ||
(3) A notice under subsection (2)(b)(i) shall be in the specified form and, without prejudice to the generality of section 223 , shall— | ||
(a) state the name and address of the person giving the notice and, if available, a telephone number at which he or she may normally be contacted, | ||
(b) where the monument to which the notice relates is included in a general notice or draft general notice— | ||
(i) identify that monument by reference to any individual identification number used in respect of it in that notice, and | ||
(ii) identify the notice by reference to the geographical area the subject of the notice, | ||
(c) where a specific notice or a section 23 consultation notice was given, identify the monument to which the notice under subsection (2)(b)(i) relates by reference to any identification number used in respect of it in the specific notice or section 23 consultation notice, as the case may be, | ||
(d) state the general nature of the relevant works and— | ||
(i) whether they will involve the disturbance of the surface of land or the substratum of land or interference with any building or structure, and | ||
(ii) whether they will effect a European site and, if so, the likely nature of that effect, | ||
(e) specify whether the relevant works will take place in relation to all or part of the monument and, if the latter, identify such part, | ||
(f) specify, by reference to calendar dates, the period during which the relevant works are intended to be carried out or that it is intended that the relevant works will be carried out on an ongoing basis, as the case may be, | ||
(g) provide such other information as may be prescribed, whether generally or in respect of any particular monument or class of monuments, and | ||
(h) be given to the Minister by sending it— | ||
(i) by prepaid registered post or by any form of recorded delivery service in an envelope addressed to the Minister at his or her office, or | ||
(ii) by sending it by such other means as may be prescribed. | ||
(4) (a) A notice purporting to be a notice under subsection (2)(b)(i) but which does not comply with the requirements of subsection (3) shall not be a valid notice under subsection (2)(b)(i) for the purposes of this Act. | ||
(b) Subject to subsection (2)(c), on receipt of a notice under subsection (2)(b)(i) from a person, the Minister shall, as soon as is practicable after he or she is satisfied that the notice does or does not comply with the requirements of subsection (3), give the person a notice in writing, as appropriate— | ||
(i) stating that the Minister is satisfied that the first-mentioned notice is a valid notice, or | ||
(ii) stating that the Minister is satisfied that the first-mentioned notice is not a valid notice in that it does not comply with such of those requirements as are identified in the second-mentioned notice. | ||
(c) The Minister shall publish a notice of (and containing) his or her screening determination for AA in such form or manner as he or she considers appropriate including publication on the website of the Department, together with information on the procedure for seeking to have the decision judicially reviewed. | ||
(5) A notice under subsection (2)(b)(i) shall have effect only to make lawful the relevant works to which it relates and in respect of which the period referred in that subsection has elapsed and which are carried out— | ||
(a) within the period specified in the notice pursuant to subsection (3)(f) or within such other period as may be specified in conditions (if any) specified by the Minister under section 28 (2)(a) or (4), and | ||
(b) in accordance with any conditions (if any) specified by the Minister under section 28 (2)(a) or (4). | ||
(6) A notice under subsection (2)(b)(i) shall not operate to prevent special protection from being applied to the monument to which the notice relates. | ||
(7) A notice under subsection (2)(b)(i) shall not be capable of being given in respect of— | ||
(a) relevant works in respect of which a relevant licence has been applied for pending a decision by the Minister on such application, | ||
(b) relevant works in respect of which a relevant licence has been granted under this Act unless, within a period of 10 working days following the grant of the licence, the person to whom it has been granted gives notice in the specified form to the Minister that he or she does not accept the licence, or | ||
(c) relevant works which are (whether in whole or part), in addition to being a licensable activity under this section, a licensable activity under another provision of this Act. | ||
(8) The reference to “relevant days” in subsection (2)(b)(i) means— | ||
(a) subject to paragraph (b), 90 days, or | ||
(b) such shorter number of days as is prescribed for relevant works which the Minister is satisfied are so minor or trivial, or otherwise insignificant, that the 90 days referred to in paragraph (a) would be excessively long in the case of such works. | ||
(9) (a) On receipt of a notice under subsection (2)(b)(i), the Minister shall consider whether special protection should be applied to the monument to which the notice relates and, if the Minister considers that special protection should be applied to the monument, the period referred to in subsection (2)(b)(i) shall cease to run from the date on which the Minister gives the section 22 consultation notice concerned or publishes that notice in accordance with section 22 (2), as the case may be. | ||
(b) Where the period referred to in subsection (2)(b)(i) has ceased to run by virtue of paragraph (a) but the Minister subsequently gives the person concerned referred to in that subsection a notice in writing stating that special protection will not be applied to the monument for the time being, the unexpired portion of that period shall begin to run from the giving of that notice. | ||
(10) Where, under subsection (9), the Minister decides that special protection will not be applied to a monument to which a notice under subsection (2)(b)(i) relates, that decision shall not operate to prevent special protection from being applied to the monument subsequently. | ||
(11) Where a person who has given a notice under subsection (2)(b)(i) applies for a licence in respect of any or all of the relevant works to which the notice relates, the notice shall cease to have effect. | ||
(12) Where the Minister receives a notice under subsection (2)(b)(i) and is of the opinion that the relevant works to which the notice relates may, if carried out, 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 obtain the authority’s views (if any) on such works. |