Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023
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Chapter 14 Guardianship of certain registered monuments | ||
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Guardianship of certain registered monuments by Minister or local authority | ||
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67. (1) The Minister may, after consultation with the Commissioners, by order— | ||
(a) appoint himself or herself as the guardian of a registered monument to which special protection applies pursuant to section 20 (1) or 24 (1), or | ||
(b) at the request in writing of, or with the consent of, a local authority, appoint the local authority as the guardian of a registered monument to which special protection applies pursuant to section 20 (1) or 24 (1) and which is situated within its functional area. | ||
(2) A monument guardianship order shall include a map defining the area the subject of that order. | ||
(3) The Minister may— | ||
(a) by a further monument guardianship order, extend or reduce the area of the guardianship monument, or | ||
(b) by order, revoke a monument guardianship order. | ||
(4) The Minister shall give notice in writing of the making, amendment or revocation of a monument guardianship order to the owner (if any) of the land on which the guardianship monument is situated as soon as is practicable after the making, amendment or revocation, as the case may be, of the order. | ||
(5) Subject to subsection (6), where the Minister proposes to make or revoke a monument guardianship order, he or she shall give notice in writing of the proposal to the owner (if any) of the land on which the registered monument or guardianship monument concerned, as the case may be, is situated and, before deciding whether or not to proceed with the proposal, consider any submissions made by the owner within the period specified in the notice for receiving such submissions. | ||
(6) The Minister may make a monument guardianship order without complying with subsection (5) if he or she is of the opinion that the registered monument concerned is in immediate danger, whether through decay, deterioration or otherwise. | ||
(7) A decision by the Minister not to proceed with a proposal referred to in subsection (5) shall not of itself operate to prevent a future decision to proceed with such proposal or a substantially similar proposal. |