| |
Chapter 12
Miscellaneous
|
|
|
|
Taking possession of objects, etc., being held or treated, etc., in a manner in contravention of this Act, etc.
|
| |
216. (1) Where a relevant authority is satisfied that—
|
|
| |
(a) a relevant item has been, is being, or is likely to be, treated in a manner that contravenes a provision of this Act, or
|
|
| |
(b) the ownership or right to possession of a relevant item is in dispute,
|
|
| |
the relevant authority may, by a notice in writing given to a relevant person, direct the relevant person to take the relevant item into his or her possession on behalf of the relevant authority.
|
|
| |
(2) A relevant person who is given a direction under subsection (1) shall comply with the direction in accordance with the terms of the direction.
|
|
| |
(3) A relevant authority who has given a direction under subsection (1) in respect of a relevant item referred to in paragraph (b) of that subsection shall, as soon as is practicable after the dispute concerned referred to in that paragraph has been settled (whether by legal proceedings or otherwise), cause the relevant item to be given to its owner or the person with the right to its possession as determined by that settlement.
|
|
| |
(4) The relevant authority who has caused a relevant item to be taken into possession by a relevant person under this section may—
|
|
| |
(a) direct in writing the relevant person to place the item in a site which, in the opinion of the relevant authority, is suitable having regard to the needs of protecting or ensuring the safety of that item, or
|
|
| |
(b) direct in writing the relevant person to take such steps as are reasonable in the circumstances to be taken to protect or ensure the safety of the item.
|
|
| |
(5) A relevant person who is given a direction under subsection (4) shall comply with the direction in accordance with its terms.
|
|
| |
(6) In this section—
|
|
| |
“relevant authority” means—
|
|
| |
(a) the Minister, or
|
|
| |
(b) the Board;
|
|
| |
“relevant item” means—
|
|
| |
(a) an archaeological object,
|
|
| |
(b) an historic object,
|
|
| |
(c) a monument, or
|
|
| |
(d) a wreck;
|
|
| |
“relevant person”, in relation to a relevant authority, means an officer, servant or agent of the relevant authority.
|
