Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023

Defence in relation to relevant works

186. (1) Where a person is charged with the offence of contravening section 27 (1) in respect of a monument to which general protection applies (not being a registered monument or a wreck one hundred or more years old), 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 monument was a monument to which general protection applies.

(2) 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 relevant works concerned or after the person was otherwise advised or became aware that the provisions of section 27 (1) applied.