Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023

• Permanent Page URL

Issue of enforcement notices

195. (1) For the purposes of assisting in the protection of historic heritage and assisting in ensuring that licensable activities are carried out under and in accordance with licences through effective measures to deal with a contravention of a relevant provision, subsection (2) applies where the relevant authority is of the opinion (in this section referred to as the “relevant opinion”) that a person—

(a) has contravened a relevant provision,

(b) is contravening a relevant provision, or

(c) has contravened a relevant provision in circumstances that make it likely that the contravention will continue or be repeated.

(2) Without prejudice to section 154 or the other provisions of this Part, the relevant authority may give the person a notice in writing, accompanied by a copy of this Chapter—

(a) stating the person’s name and address or other identifying particulars of the person,

(b) stating the relevant opinion,

(c) specifying the relevant provision as to which he or she is of that opinion and the reasons why he or she is of that opinion,

(d) directing the person to take such steps as are specified in the notice to remedy the contravention or, as the case may be, the matters occasioning it, and

(e) specifying a period (ending not earlier than the period specified in section 196 (1) within which an application under that section to cancel a direction specified in the notice may be made) within which those steps must be taken, being a period reasonable in the circumstances.

(3) The steps specified in an enforcement notice to remedy any contravention or matter to which the notice relates may be framed so as to afford the person to whom it is given a choice between different ways of remedying the contravention or matter, as the case may be.

(4) Where a person to whom an enforcement notice has been given makes an application under section 196 (1) to cancel a direction specified in the notice, the steps specified in the notice, in so far as they relate to that direction, need not be taken by the person pending the determination, withdrawal or abandonment of the application.

(5) The relevant authority may cancel an enforcement notice by notice in writing given to the person concerned.

(6) Where a person fails to take the steps specified in an enforcement notice given to him or her, the relevant authority may, on notice to that person, apply in a summary manner to the relevant court for an order requiring the person to take those steps (or to take such varied or other steps for the like purpose as may be specified in the order), and the court—

(a) may—

(i) make the order sought,

(ii) make the order sought subject to such variations to those steps as may be specified in the order, or

(iii) make the order sought subject to such other steps for the like purpose as may be specified in the order,

or

(b) may dismiss the application,

and, whether paragraph (a) or (b) is applicable, may make such order as to costs as it thinks fit in respect of the application.

(7) Without prejudice to the generality of subsection (2)(d), the steps referred to in that subsection specified in an enforcement notice given to a person may be or include any, or any combination of, the following steps:

(a) in so far as is practicable, that any monument, archaeological object, historic object, wreck or other thing in respect of which the contravention concerned took place or is taking place is restored to its condition prior to the commencement of the contravention;

(b) that any licensable activity—

(i) is carried out under and in accordance with a license pertaining to that activity, or

(ii) ceases to be carried out unless or until it is carried out under and in accordance with a licence pertaining to that activity;

(c) the carrying out of any works, including such repairs or other works to a monument, archaeological object, historic object, wreck or other thing or such archaeological excavation or recording as are specified in the notice;

(d) the payment of such amount to the relevant authority concerned so that the relevant authority may undertake, or have undertaken on the relevant authority’s behalf, any of the matters referred to in paragraph (c);

(e) the carrying out of any works referred to in paragraph (c) under the superintendence and control of the relevant authority concerned to the extent specified in the notice and at the expense of such person;

(f) the return or surrender to a specified person, or a person falling within a specified category of persons, or the placing in a specified place, or a place falling within a specified category of places, of any—

(i) archaeological object,

(ii) historic object,

(iii) wreck, or

(iv) cultural property designated (whether by the State or another state party within the meaning of section 125 ) for the purposes of the Convention (within the meaning of section 125 ),

whether or not such person or place is located within or outside the State.