Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023
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Exemption of certain relevant works from section 30 | ||
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31. (1) Subject to subsections (2) and (4), a class of relevant works may be prescribed as a class of relevant works to which section 30 shall not apply. | ||
(2) The Minister shall not exercise his or her power under subsection (1) in respect of a class of relevant works unless 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— | ||
(a) cannot reasonably be considered as creating a risk of damage to monuments to which special protection applies, or | ||
(b) was an established recurrent activity before the monuments concerned became monuments to which special protection applies and in respect of which it would, in all the circumstances of the case, be reasonable to exercise that power. | ||
(3) Section 30 shall not apply to relevant works falling within a class of relevant works prescribed under subsection (2). | ||
(4) The Minister shall not exercise his or her power under subsection (1) in respect of a class of relevant works in such a way as to prevent access, by members of the public, to a monument. |