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Historic Monuments and Archaeological Objects (Northern Ireland) Order 1995

Status:

This is the original version (as it was originally made).

Application to Crown land

37.—(1) Notwithstanding any estate of the Crown in Crown land, but subject to the following provisions of this Article—

(a)a monument which for the time being is Crown land may be included in the Schedule; and

(b)any restrictions or powers imposed or conferred by any of the provisions of this Part shall apply and be exercisable in relation to Crown land and in relation to anything done on Crown land otherwise than by or on behalf of the Crown, but not so as to affect any estate of the Crown therein.

(2) Except with the consent of the appropriate authority—

(a)no power under this Part to enter, or to do anything, on any land shall be exercisable in relation to land which for the time being is Crown land; and

(b)no estate in land which for the time being is Crown land shall be acquired compulsorily under this Part.

(3) In this Article—

“the appropriate authority”, in relation to any land, means—

(a)in the case of land belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, the Crown Estate Commissioners;

(b)in the case of any other land belonging to Her Majesty in right of the Crown, the government department having the management of that land;

(c)in the case of land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, that government department;

“Crown estate” means an estate belonging to Her Majesty in right of the Crown, or belonging to a government department or held in trust for Her Majesty for the purposes of a government department;

“Crown land” means land in which there is a Crown estate;

“government department” means a department of the Government of the United Kingdom or a Northern Ireland department.

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