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41. (1) Any person who, except under and in accordance with any conditions attached to a licence issued by the Department under this Article, excavates in or under any land (whether or not such excavation involves the removal of the surface of the land) for the purpose of searching generally for archaeological objects or of searching for, exposing or examining any particular structure or thing of archaeological interest shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(2) A licence granted by the Department for the purposes of this Article—
(a)shall specify the land in relation to which and the archaeological purpose for which the licence has effect;
(b)may be granted subject to such conditions as the Department thinks fit; and
(c)shall not render lawful the doing of anything which would be unlawful apart from this Article.
(3) A person shall not, under the authority of a licence issued under this Article, enter on the land to which the licence relates except—
(a)with the consent of the occupier of the land and the owner (if the owner is known); or
(b)in exercise of a power of entry under Part II.
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