Managing Monuments
The Department is to maintain monuments under its guardianship. It has full control and management of them. With a view to fulfilling its duty, it may do all things necessary or expedient for the maintenance of the monument.
Persons authorized by the Department may enter the site of the monument which is under its guardianship at all times for the purpose of exercising its functions.
The powers of the Department may be circumscribed to some extent by the relevant deed.
Where the Department is the guardian, it may, by agreement, exclude any part of the monument from guardianship or renounce guardianship. However, the monument is to remain under guardianship until guardianship is formally terminated below. The Department may not enter into an agreement to exclude part of the monument unless it is satisfied that there were satisfactory arrangements for ensuring protection after termination of guardianship or that it is no longer practicable to protect it. If a person who is not bound by the deed becomes the owner of the monument, he may terminate the guardianship by notice in writing.
The Department has the power to acquire and compulsorily acquire lands in the vicinity of a historic monument that are reasonably required for its maintenance, provision of facilities, its proper control and management, storage of equipment and materials, provision of facilities and services for the public in connection with affording the public access to it. Land may be acquired or taken into guardianship for these purposes.
The Department may enter into agreements with the occupier of a historic monument or land adjoining it or in its vicinity. The agreement may make provisions for the following matters: maintenance and protection of the monument; carrying out of works, in relation to it as the agreement provides; public access, provision of facilities, and information for the public; restricting the use of the monument or land; prohibiting anything specified in the agreement; making by the Department of payments, of such amounts as may be specified, whether for the cost of work or in consideration of restrictions, prohibitions, and obligations accepted by the other party.
The provisions in relation to applying to extinguish and modify covenants, by application to the Lands Tribunal, do not apply in this case.
Subject to the following provisions, the public have access to a monument under the ownership or guardianship of the Department. The Department may provide facilities and other services for the public in connection with affording access to a monument under its ownership or guardianship.
They may be provided in or on the monument itself or on the land associated with the monument. Charges may be made for the use of the facilities or services provided.
The Historic Monuments Council advises the Department on the exercise of its powers under the legislation. The Council consists of a chairman and members appointed by the Department. It may appoint committees and appoint non-members to a committee.
The Department is empowered to spend money on the removal or preservation of historic monuments. They may contribute towards the cost of the same. Removal is for the purpose of preservation. They may defray costs incurred by the owner or occupier of the land.
The Department may spend money on archaeological investigation. They may undertake and assist in or defray the cost of archaeological investigation on land where there is, or is reasonably believed to be, a historic monument or anything else of archaeological or historical interest. They may take on lease land for such purposes. They may publish the results of the investigations.
The Department may provide advice on the treatment of any historic monument. They may superintend work in connection with a monument, if invited to do so. They shall do so, whether required by the owner or not, in connection with any scheduled monument. They may charge for advice and superintendence.
Generally, the Department may advise and disseminate knowledge about historic monuments and the protection and enhancement of historic monuments. They may provide or assist in publicity, mapping, and information services relating to historic monuments.
A person who has a detecting device in his possession in a protected place, without the written consent of the Department, is guilty of an offence. He is liable on summary conviction to a fine up to level 4 on the standard scale. A detecting device is a device for detecting or locating minerals or metals on the ground. A protected place is a place that is a site of a scheduled monument or a monument under the ownership or guardianship of the Department.
A person who, without the written consent of the Department, removes archaeological objects that he has discovered by the use of a device, shall be guilty of an offence. He is liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to a fine.
The Department may grant consent conditionally or unconditionally. Breach of the consent is an offence. A person who, without lawful excuse, damages or destroys any protected monument knowing that it is a protected monument and intending to destroy or damage the monument or being reckless as to whether it is damaged or destroyed, is guilty of an offence.
This applies to anything done under the authority of the owner of the monument, other than an act for the execution of excepted works, as it applies to acts done by any other person. Excepted works are those for which there is a scheduled monument consent.
A protected monument means any protected scheduled monument and any monument under the ownership or guardianship of the Department. A person guilty of an offence is liable on summary conviction to a fine up to the statutory maximum or imprisonment for six months or, on indictment, a fine and imprisonment for up to two years or both.
Where the owner or other person is convicted of an offence involving damage to a monument that is under the guardianship of the Department, any compensation is to be paid to the Department.
Authorized officers of the Department have powers of entry in connection with the legislation. Entry may be for the purpose of inspecting land, preserving land and monuments, surveying it, estimating value, etc. A dwelling house may not be entered without the consent of the occupier.
Where a person enters land in exercise of power for the purpose of carrying out archaeological investigation or examination, he may remove such samples of any description as appear reasonable, for the purpose of archaeological analysis, for the purpose of surveying or estimating the value of land in connection with compensation.
There are various provisions applicable to the right of entry depending on whether the property is a dwelling house or otherwise. Generally, notice is required, which varies depending on the circumstances.
Where works are being carried out on land in relation to which the power of entry is exercised, the person acting in exercise of the powers shall comply with the reasonable requirements and conditions, by the person who is carrying the works out for the purpose of preventing interference or delay with the work. The requirements are not reasonable if they would frustrate the purpose of the power of entry. It is an offence to obstruct an officer in the exercise of powers.
Where a person enters land for any of the following purposes: excavation or operations affecting historic monuments; observations and carrying out archaeological examinations, he may take temporary custody of archaeological objects discovered during the investigations and remove them from the site for testing, treating, recording, and preserving them. The Department may not retain the objects without the consent of the owner beyond such a period as may be reasonably required for examination and recording, testing, and treatment. Nothing affects the right of the Crown to treasure trove.
There is provision for compensation caused to land or chattels by persons exercising powers under the legislation. Compensation is determined by the Lands Tribunal.
A monument situated in the seabed within the seaward limits of the United Kingdom adjacent to Northern Ireland may be included in the Schedule. The legislation applies to underwater monuments.
Entries in schedules under the legislation are registrable as a statutory charge. Other than under a licence issued by the Department or excavate any land for the purpose of searching generally for archaeological objects, is guilty of an offence subject to summary conviction to a fine up to level 3.
A licence may be granted by the Department specifying the land in respect of which it has effect on such conditions as specified. A licence does not give any authority to enter land without the consent of the owner.
Any person who finds an archaeological object must report the circumstances; nature of the object; and name of the owner or occupier of the land, if known, to a relevant authority within 14 days. Where it is not readily portable, the finder shall specify in his report and state where any person authorized in that behalf by the Department may inspect it.
Any archaeological object deposited with the Department or sent to it may be retained for the purpose of examining and recording, testing, and treatment as appears desirable for the purpose of archaeological investigation and analysis with a view to restoring or preserving the object. An object may be lodged with a police officer to facilitate inspection by the Department. The finder is not to deliver the object to any other person, except with the consent of the Department.
A finder who, without reasonable cause, accesses in contravention of the legislation or who knowingly, without consent, obtains possession of an archaeological object before expiration of the 14-day period, is guilty of an offence.
The Department may give financial assistance towards the purchase of an archaeological object that has been found and reported. Nothing applies to treasure trove or the rights of persons who have ownership rights in an archaeological object.