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Protection of Military Remains Act 1986

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4 Licences to carry out prohibited works, operations etc.U.K.

(1)The Secretary of State shall have power to grant licenses authorising the doing of such things as are described (whether generally or specifically) in the licences for the purpose of enabling those things to be done without the commission of any offence under section 2 above.

(2)A licence under this section shall be capable of being granted to a particular person, to persons of a particular description or to persons generally; and such a licence may be contained in an order designating a controlled site.

(3)The Secretary of State in granting a licence under this section may impose such conditions with respect to the doing of anything authorised by the licence as he may specify in the licence for any purpose connected with protecting or preserving any remains to which the licence relates.

(4)A licence under this section shall continue in force, subject to any amendments made from time to time by the Secretary of State, until the expiration of such period as is specified in the licence or until revoked, whichever is the earlier.

(5)Where a licence (other than a licence contained in an order designating a controlled site) is granted, amended or revoked under this section, the Secretary of State shall, as he thinks fit, either—

(a)send a copy of the licence, amendment or revocation to the licensee; or

(b)publish such a copy in such manner as he considers appropriate for the purpose of bringing it to the attendance of persons likely to be affected by the licence, amendement or revocation.

(6)The grant of a licence under this section is without prejudice to the rights of any person (including the Crown)—

(a)as the owner of an interest in any land where any remains of an aircraft or vessel are, or are thought to be, situated; or

(b)as the owner of, or the person entitled (whether under any enactment or rule of law or otherwise) to claim, an interest in any such remains.

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