Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023

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Maintenance and presentation of national monuments

75. (1) Subject to subsection (2), it shall be the duty of the relevant authority, in so far as may be practicable, to maintain the archaeological, architectural, historic and cultural interest of a national monument.

(2) Subsection (1) shall not prevent or restrict the doing of any act which results in the loss, whether in whole or part, of the interest referred to in that subsection of a national monument where, in the opinion of the relevant authority—

(a) it is justified on substantial and appropriate research grounds, or

(b) it is justified on substantial public interest grounds.

(3) The relevant authority may do all or any of the following in respect of a national monument:

(a) protect the monument;

(b) subject to subsection (4), present the monument to the public, including provide visitor access and facilities, subject to such conditions, restrictions, prohibitions or charges as the authority may determine regarding—

(i) entry into or onto the monument by persons generally or any particular person or class of persons, or

(ii) the conduct of persons generally or any particular person or class of persons at, in, on or in the vicinity of the monument;

(c) undertake, or cause to be undertaken, any works necessitated by or ancillary to any act or other matter which falls within paragraph (a) or (b).

(4) In determining any conditions, restrictions, prohibitions or charges for the purposes of paragraph (b) of subsection (3), the relevant authority may take into account any matters relating to the protection of the national monument, the safety or welfare of the public, the enjoyment by the public of the monument or the opinions (if any) of the owner of the land on which the monument is situated.

(5) Where the relevant authority is satisfied that it is necessary for the protection of a national monument, or is otherwise required on substantial public interest grounds, the relevant authority may move the monument to a site where its protection may be more effectively secured.

(6) (a) Where it is satisfied that to do so would be compatible with subsection (1), the relevant authority may enter into an agreement in writing (in this subsection referred to as a “relevant agreement”) with the owner of a national monument of which the relevant authority is guardian that the maintenance (or any aspect of the maintenance) of the national monument shall be undertaken by the owner or any other person.

(b) The conditions which may be contained in a relevant agreement include conditions relating to responsibility for the costs of maintenance (or any aspect of the maintenance), the duration of the agreement and whether the agreement applies to all of the national monument or any part of it.

(c) The Minister shall consult with the Commissioners before entering into a relevant agreement.

(d) A local authority shall not enter into a relevant agreement without the consent of the Minister.

(e) Where a relevant agreement is in force for the time being in respect of a national monument (M), the functions of the Commissioners under section 80 shall stand modified appropriately.

(f) A relevant agreement shall (subject to any conditions relating to the duration of the agreement) be binding on the parties to it and their successors (including successors in title) but may be revoked by the relevant authority if it appears necessary to do so in order to ensure compliance with subsection (1) or is otherwise necessary in order to secure the protection of the national monument.

(g) A local authority shall exercise its power under paragraph (f) to revoke an agreement in respect of a national monument (LA) if directed to do so by the Minister, but the Minister shall not issue such a direction unless he or she is satisfied that it is necessary to do so in order to ensure compliance with subsection (1) or is otherwise necessary in order to secure the protection of the national monument.

(h) An agreement in writing entered into under section 12(2) of the Act of 1930 which is in force immediately before the commencement of this section shall, on and after such commencement, be deemed to be a relevant agreement and the other provisions of this section shall, with all necessary modifications, be construed accordingly.

(i) Nothing in this subsection shall prejudice section 30 .

(j) This subsection is without prejudice to the entitlement of a relevant authority or the Commissioners to enter into contracts for the provision of services.