Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023

Matters on which bye-laws may be made under section 81

82. (1) Without prejudice to the generality of section 81 , bye-laws may, in respect of the national monuments to which they apply, relate to all or any of the following:

(a) the regulation of any activity, including any event or any class of event, or any aspect of an event at, in, on, or in the vicinity of the monuments;

(b) the regulation of all aspects of access to the monuments, including, but not restricted to, the closure, prohibition or restriction of access, whether generally or by reference to specified classes of persons and whether on a quantitative or any other basis, and the imposition of charges for access, whether by land, water or air;

(c) the regulation of transport whether land-borne, water-borne or air-borne to, from or within the monuments, including the imposition of charges on any person providing such transport or the restriction or prohibition of such transport, whether on a quantitative or any other basis;

(d) the preservation of public order at, in, on, or in the vicinity of the monuments, including the restriction or prohibition of the possession, use, sale or consumption of any thing or the restriction or prohibition of any violent, offensive, threatening or indecent behaviour;

(e) the prevention, prohibition or removal of any nuisance or obstruction at, in, on or in the immediate vicinity of the monuments, including the subsequent disposal of any thing so removed;

(f) the control of animals, or any specified class of animals, at, in, on or in the immediate vicinity to the monuments, including restrictions or prohibitions, whether on a quantitative or any other basis, on the bringing of any specified class of animals into or onto the monuments or any requirement that an animal so brought must be kept under control by the person so bringing it or be subject to any specified form of restraint or be prevented by such person from doing any specified thing or that the person so bringing it be required to remove any waste produced by such animal;

(g) the management of traffic, whether on land, water or in the air, at, in, on or in the vicinity of the monuments, including—

(i) the control of the movement or use of any vehicles or any class of vehicles,

(ii) the restriction or prohibition of the parking, mooring or landing of vehicles or any class of vehicle,

(iii) the immobilisation, removal or impounding of any vehicle parked, moored, landed or otherwise located in contravention of any such bye-laws,

(iv) the subsequent disposal of any vehicle so immobilised, removed or impounded, whether by sale, scrapping or otherwise, or

(v) the imposition of charges on the owner, driver or other person in control of any vehicle for failure to adhere to any bye-laws made under this paragraph or payable as a condition for the release or return of any immobilised, removed or impounded vehicle;

(h) the granting by the bye-law maker of a licence authorising the doing of any thing which would otherwise be a contravention of the bye-laws, subject to such conditions as may be determined by the bye-law maker.

(2) A person shall not do a thing referred to in subsection (1)(h) except under and in accordance with a licence referred to in that subsection.