Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023
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Defence in relation to finding of prescribed monuments | ||
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185. (1) Subject to subsection (2), where a person is charged with an offence under this Act, being an offence relating to a failure to make a preliminary report in accordance with section 13 (2)(b), it shall be a defence for the person to show that a reasonable person would not, in all the circumstances, have been aware that the prescribed monument concerned was such a monument. | ||
(2) (a) The defence under subsection (1) shall not apply in respect of any act occurring after the person was given an enforcement notice in respect of the contravention concerned or after the person was otherwise advised or became aware that the provisions of section 13 (2)(b) applied to the finding of the prescribed monument. | ||
(b) In paragraph (a), “act” includes a continuing failure to make a preliminary report under section 13 (2)(b) in respect of the finding of the prescribed monument after the person was given such enforcement notice or the person being so advised or becoming so aware. |