HISTORIC MONUMENTS ACT (NORTHERN IRELAND) 1971 - SECT 16 Powers to enter on land and execute certain works, etc.

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HISTORIC MONUMENTS ACT (NORTHERN IRELAND) 1971 - SECT 16

Powers to enter on land and execute certain works, etc.

16.(1) Without prejudice to any other powers conferred on the Ministry by
this Act, a person authorised in writing (stating the particular purposes for
which the entry is authorised) by the Ministry may, at all reasonable times,
on giving, except in respect of the matters mentioned in paragraphs (a), (e)
and (f), at least ten days prior notice in writing of his intention to the
occupier and to the owner (if the owner is known), or such lesser period of
notice as may be agreed between the person so authorised and the occupier or
owner, and, in any case, on production (if so required) of his authority,
enter on any land

(a)on or in which there is situate any scheduled monument or any
historic monument which is the subject of a protection order, for the purpose
of ensuring that the provisions of this Act are being complied with in
relation to the monument;

(b)on or in which there is situate any scheduled monument or any
historic monument which is the subject of a protection order or is owned by or
vested in, or is in the guardianship of, the Ministry ..., for the purpose of
erecting or maintaining

(i)at or in the vicinity of the monument, a sign indicating the name and
nature of the monument and indicating that it is a scheduled monument or, as
the case may be, a historic monument which is the subject of a
protection order or is owned by or vested in, or is in the guardianship of,
the Ministry ...;

(ii)marker posts indicating the boundaries of the monument;

(c)on or in the vicinity of any road, for the purpose of erecting, ..., and
maintaining a sign giving such particulars of, and other information with
respect to, a historic monument to which the public have access as
the Ministry thinks fit;

(d)which the Ministry has reason to believe contains a historic monument, for
the purpose of inspection and survey, but so that a person shall not, under
the powers conferred by this paragraph, enter any dwelling house or building,
or the curtilage thereof, except with the consent of the occupier of the land
and of the owner (if the owner is known), or enter any burial ground in which
rights of burial are exercisable, except with the consent of the person having
control of the burial ground;

(e)on or in which there is situate a historic monument in respect of which
the Ministry proposes to make, or has made, a protection order, for the
purpose of complying with the provisions of Schedule 2;

(f)on or in which a historic monument is situate, where the Ministry is
satisfied that the monument is likely to be destroyed or substantially
damaged, for the purpose of carrying out such examination, diggings and
excavations as the Ministry considers to be necessary or expedient in order to
obtain and record particulars of the monument.

(2) Where the Historic Monuments Council has reason to believe that any
historic monument is in danger as mentioned in section 9(1), the Council may
authorise any person in writing to enter on the land on or in which the
monument is situate for the purpose of inspecting the monument and advising
the Council whether it is proper for it to make a report to the Ministry under
section 9(1).

(3) A person authorised in writing by the said Council under subsection (2)
may, at any reasonable time, on the Council giving

(a)if the Council considers that the inspection of the monument is a matter of
immediate urgency, at least three days' prior notice to the occupier or owner
of the land of the intention to enter and inspect the monument;

(b)in any other case, at least ten days' prior notice in writing to the
occupier of the land and to the owner (if the owner is known) of the intention
to enter and inspect the monument;

(4) In this section

(a)any reference to an occupier or to an owner shall be construed as including
a reference to a person appointed by the occupier or owner as his
representative for purposes which include all or any of the purposes of this
section;

[(b)"road" has the same meaning as in the Roads (Northern Ireland) Order
1980.]

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Northern Irish Legislation

HISTORIC MONUMENTS ACT (NORTHERN IRELAND) 1971 - SECT 16