Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023
|
Defence that act was carried out to protect or record elements of archaeological, architectural or historic heritage in immediate danger of destruction | ||
|
183. (1) (a) Paragraph (b) applies where a person is charged with an offence under this Act in relation to any works or other activity (in this section referred to as the “works or activity concerned”) required to be done, undertaken or carried out under and in accordance with a licence. | ||
(b) It shall be a defence to show that, subject to subsection (2), the works or activity concerned was done for the sole purpose of protecting, or recording, any archaeological object, monument to which general protection applies or monument to which special protection applies, wreck or any other element of historic heritage which was in the course of destruction or serious damage by reason of— | ||
(i) natural causes, or | ||
(ii) an action being taken by another person. | ||
(2) The defence provided by subsection (1) shall not be available unless the person claiming it did or does all of the following: | ||
(a) makes a report in accordance with the requirements of subsection (3) to the Minister and, in any event, not later than 72 hours from the commencement of the works or activity concerned; | ||
(b) provides the Minister with such further information as he or she may reasonably require following receipt of a report under this subsection; | ||
(c) does not continue the works or activity concerned, or direct that the works or activity concerned be continued, for any period longer than 96 hours or such lesser period as may be directed by the Minister on receipt of a report under this subsection; | ||
(d) complies with any and all directions the Minister may give regarding the conduct of the works or activity concerned; | ||
(e) makes available to the Minister any plans, drawings, photographs or notes made or taken in the course of the archaeological excavation (if any) concerned; | ||
(f) complies with sections 13 and 101 in so far as those sections are relevant in the course of the works or activity concerned. | ||
(3) A report under subsection (2) shall— | ||
(a) state the name and address of the person making it, | ||
(b) describe the site of the works or activity concerned, | ||
(c) set out the circumstances necessitating the works or activity concerned, and | ||
(d) describe in general terms the deposits, features or structures found, uncovered, located or identified in the course of the works or activity concerned. |