PART IIHISTORIC MONUMENTS

Powers of entry

Powers of entry32

1

Any person authorised in writing by the Department may at any reasonable time enter any land—

a

in, on or under which the Department knows or has reason to believe there is an historic monument, for the purpose of inspecting the land with a view to recording any matters of archaeological or historical interest;

b

in, on or under which there is an historic monument which the Department is satisfied is likely to be destroyed or substantially damaged, for the purpose of carrying out such inspection or excavation as the Department considers necessary or expedient in order to obtain and record particulars of the monument;

c

for the purpose of surveying it, or estimating its value, in connection with any proposal to acquire that or any other land under this Part or in connection with any claim for compensation under this Part in respect of any such acquisition or for any damage to that or any other land.

2

Subject to paragraph (3), a person entering any land in exercise of the power conferred by paragraph (1)(a) may carry out excavations in the land for the purpose of archaeological investigation.

3

No excavation shall be made in exercise of the power conferred by paragraph (2) except with the consent of every person whose consent to the making of the excavation would be required apart from this Article.