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RHAN 2HENEBION HYNAFOL ETC

Addasiadau sy’n ymwneud â throseddau

15Rheoli gwaith sy’n effeithio ar henebion cofrestredig

(1)Mae adran 2 o Ddeddf Henebion Hynafol ac Ardaloedd Archaeolegol 1979 (p.46) (rheoli gwaith sy’n effeithio ar henebion cofrestredig) wedi ei diwygio fel a ganlyn.

(2)Yn is-adran (8), ar ôl “works within subsection (2)(a) or (c) above” mewnosoder “which have been executed in relation to a scheduled monument situated in England or land in, on or under which there is such a scheduled monument”.

(3)Ar ôl yr is-adran honno mewnosoder—

(8A)In any proceedings for an offence under this section in relation to works within subsection (2)(a) or (c) which have been executed in relation to a scheduled monument situated in Wales or land in, on or under which there is such a scheduled monument, it is a defence for the accused to prove that, before executing the works or before causing or permitting their execution (as the case may be), the accused⁠—

(a)had taken all reasonable steps to find out whether there was a scheduled monument in the area affected by the works; and

(b)did not know, and had no reason to believe, that the monument was within the area affected by the works or (as the case may be) that it was a scheduled monument.

16Difrodi henebion hynafol penodol

(1)Mae adran 28 o Ddeddf Henebion Hynafol ac Ardaloedd Archaeolegol 1979 (p.46) (y drosedd o ddifrodi henebion hynafol penodol) wedi ei diwygio fel a ganlyn.

(2)Yn is-adran (1), ar ôl “any protected monument” mewnosoder “situated in England”.

(3)Ar ôl yr is-adran honno mewnosoder—

(1A)A person who without lawful excuse destroys or damages a protected monument situated in Wales is guilty of an offence if the person—

(a)knew or ought reasonably to have known that it was a protected monument; and

(b)intended to destroy or damage the monument or was reckless as to whether the monument would be damaged or destroyed.

17Cyfyngiadau ar y defnydd o ddatgelyddion metel

(1)Mae adran 42 o Ddeddf Henebion Hynafol ac Ardaloedd Archaeolegol 1979 (p.46) (cyfyngiadau ar y defnydd o ddatgelyddion metel) wedi ei diwygio fel a ganlyn.

(2)Yn is-adran (7), ar ôl “an offence under subsection (1) or (3) above” mewnosoder “relating to a protected place situated in England”.

(3)Ar ôl yr is-adran honno mewnosoder—

(8)In proceedings for an offence under subsection (1) or (3) relating to a protected place situated in Wales, it is a defence for the accused to prove that the accused—

(a)had taken all reasonable steps to find out whether the place in which the metal detector was used was a protected place; and

(b)did not know, and had no reason to believe, that the place was a protected place.