Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023

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Exemption of certain relevant works from section 27

29. (1) In this section, “authorisation” includes a licence, consent, approval, permission or direction.

(2) Subject to subsections (3) and (6), a class of relevant works may be prescribed as a class of relevant works to which section 27 shall not apply.

(3) The Minister shall not exercise his or her power under subsection (2) in respect of a class of relevant works unless—

(a) the following requirements are met:

(i) that class of relevant works requires an authorisation under another enactment before that class of relevant works can be carried out;

(ii) that authorisation may be granted subject to conditions relating to the protection of monuments;

(iii) the enactment under which that authorisation may be granted provides for the Minister to be notified or consulted, by the person who may grant the authorisation and before the authorisation is granted, on the potential effect that the grant of the authorisation may have on monuments,

or

(b) the Minister is satisfied that the class of relevant works would not be likely to have significant effects on the environment or a European site by virtue, inter alia, of their nature, size or location (or any combination thereof) and the class of relevant works either—

(i) cannot reasonably be considered as creating a risk of damage to monuments, or

(ii) was an established recurrent activity before the monuments concerned became monuments to which general protection applies and in respect of which it would, in all the circumstances of the case, be reasonable to exercise that power.

(4) Subject to subsection (5), section 27 shall not apply to relevant works falling within a class of relevant works prescribed under subsection (2).

(5) This section shall be deemed never to have applied to works falling within a class of works, prescribed under subsection (2), to the extent to which a person referred to in subsection (3)(a)(iii) has failed to give the notification, or carry out the consultation, as the case may be, referred to in subsection (3)(a)(iii) in respect of those works.

(6) The Minister shall not exercise his or her power under subsection (2) in respect of a class of relevant works in such a way as to prevent access, by members of the public, to a monument.