Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023
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Attachment of conditions to certain relevant works | ||
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28. (1) Where— | ||
(a) following the consideration referred to in section 27 (9), the Minister decides not to apply special protection to the monument, or | ||
(b) the Minister decides, following consultation under section 22 , not to apply special protection to the monument, | ||
the Minister shall consider whether or not the relevant works in respect of which the notice concerned has been given under section 27 (2)(b)(i) should be made subject to conditions relating to any or all of the matters specified in subsection (5). | ||
(2) Where the Minister decides that— | ||
(a) relevant works should be subject to conditions, he or she shall, prior to the elapse of the notice period under section 27 (2)(b)(i), specify such conditions and give notice in writing of them to the person who gave the notice concerned under that section, or | ||
(b) relevant works should not be subject to conditions, he or she shall, prior to the elapse of the notice period under section 27 (2)(b)(i), give notice in writing of that decision to the person who gave the notice concerned under that section. | ||
(3) Conditions specified under subsection (2)(a) may, subject to subsection (5), include requirements that specified actions or steps be taken prior to the commencement of the relevant works in respect of which notice has been given under section 27 (2)(b)(i) and that such works shall not commence until the Minister has had an opportunity to consider any report or assessment prepared on foot of the taking of such actions or steps, as the case may be, but any such consideration by the Minister shall not exceed a period of 30 working days following receipt of any such report or assessment. | ||
(4) Subject to subsection (5), the Minister may, following consideration of any report or assessment received by him or her under subsection (3), specify further or additional conditions to which the relevant works concerned shall be subject and any conditions so specified shall have effect as if they were conditions specified under subsection (2)(a) and the Minister shall give notice of them in writing to the person who gave the notice concerned under section 27 (2)(b)(i) and shall do so within the period specified in subsection (3). | ||
(5) Conditions specified under subsection (2)(a) or (4) may require all or any of the following: | ||
(a) the carrying out of an assessment of heritage interest or potential including, without prejudice to the generality of the foregoing, an assessment by way of archaeological excavation, use of detection devices or any form of photographic or geophysical survey equipment or any other appropriate form of survey or inspection; | ||
(b) the recording of the monument as a whole or any part or aspect of it (including its immediate surroundings) or any objects on, in, under or within it or its immediate surroundings including, without prejudice to the generality of the foregoing, recording by way of archaeological excavation, use of detection devices or any form of photographic or geophysical survey equipment or any other appropriate form of survey or inspection; | ||
(c) the carrying out of any form of monitoring (including archaeological monitoring), supervision or inspection; | ||
(d) the salvaging, collection or protection of any part of the monument (including its immediate surroundings) or any object on, in, under or within it or its immediate surroundings and, where appropriate, the preparation of such part or object for deposition in an appropriate museum or other site for such deposition; | ||
(e) the specification of the time period when the relevant works are to be carried out; | ||
(f) that the relevant works in respect of which notice was given under section 27 (2)(b)(i) and any thing required to be done by paragraph (a), (b), (c) or (d) be done in a specified manner or be funded or carried out by a specified person or a person falling within a specified category of persons including, without prejudice to the generality of the foregoing, that the doing of those relevant works or any thing referred to in that paragraph be subject to further conditions of any of the type set out in section 151 (4) and, for that purpose, any reference in section 151 (4) to “the licensable activity” shall be construed as a reference to the relevant works in respect of which notice was given under section 27 (2)(b)(i) and any thing required to be done by paragraph (a), (b), (c) or (d). | ||
(6) A reference in this section to an object on, in, under or within a monument includes a reference to an object found in the course of carrying out any thing referred to in paragraph (a), (b), (c) or (d) of subsection (5). | ||
(7) The carrying out of any thing in fulfilment of a condition specified by the Minister under subsection (2)(a) or (4) shall not, in order for it to be lawful, require— | ||
(a) the giving of a notice under section 27 (2)(b)(i), or | ||
(b) the granting of a licence except in so far as it would be a licensable activity under any provision of this Act other than this section. | ||
(8) As the Minster thinks fit, a notice under subsection (2)(a) or (b) may be combined with a notice under section 27 (4)(b) stating that the notice concerned under section 27 (4)(b)(i) is a valid notice. |