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Historic Monuments and Archaeological Objects (Northern Ireland) Order 1995

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This is the original version (as it was originally made).

Powers of entry for inspection of scheduled monuments, etc.

8.  (1)  Any person duly authorised in writing by the Department may at any reasonable time enter any land for the purpose of inspecting any scheduled monument in, on or under the land with a view to ascertaining its condition and—

(a)whether any works affecting the monument are being carried out in contravention of Article 4(1); or

(b)whether it has been or is likely to be damaged (by any such works or otherwise).

(2) Any person duly authorised in writing by the Department may at any reasonable time enter any land for the purpose of inspecting any scheduled monument in, on or under the land in connection with—

(a)any application for scheduled monument consent for works affecting that monument; or

(b)any proposal by the Department to modify or revoke a scheduled monument consent for any such works.

(3) Any person duly authorised in writing by the Department may at any reasonable time enter any land for the purpose of—

(a)observing the execution on the land of any works to which a scheduled monument consent relates; and

(b)inspecting the condition of the land and the scheduled monument in question after the completion of any such works,

so as to ensure that the works in question are or have been executed in accordance with the terms of the consent and of any conditions attached to the consent.

(4) Any person duly authorised in writing by the Department may at any reasonable time enter any land on which any works to which a scheduled monument consent relates are being carried out for the purpose of—

(a)inspecting the land with a view to recording any matters of archaeological or historical interest; and

(b)observing the execution of those works with a view to examining and recording any objects or other material of archaeological or historical interest, and recording any matters of archaeological or historical interest, discovered during the course of those works.

(5) Any person duly authorised in writing by the Department may enter any land in, on or under which a scheduled monument is situated, with the consent of the owner and (if the owner is not the occupier) of the occupier of the land, for the purpose of erecting and maintaining on or near the site of the monument such notice boards and marker posts as appear to the Department to be desirable with a view to preserving the monument from accidental or deliberate damage.

(6) References in this Article to scheduled monument consent include references to consent granted by order under Article 5.

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