RHAN 2HENEBION HYNAFOL ETC

Addasiadau sy’n ymwneud â throseddau

15Rheoli gwaith sy’n effeithio ar henebion cofrestredig

1

Mae adran 2 o Ddeddf Henebion Hynafol ac Ardaloedd Archaeolegol 1979 (p.46) (rheoli gwaith sy’n effeithio ar henebion cofrestredig) wedi ei diwygio fel a ganlyn.

2

Yn is-adran (8), ar ôl “works within subsection (2)(a) or (c) above” mewnosoder “which have been executed in relation to a scheduled monument situated in England or land in, on or under which there is such a scheduled monument”.

3

Ar ôl yr is-adran honno mewnosoder—

8A

In any proceedings for an offence under this section in relation to works within subsection (2)(a) or (c) which have been executed in relation to a scheduled monument situated in Wales or land in, on or under which there is such a scheduled monument, it is a defence for the accused to prove that, before executing the works or before causing or permitting their execution (as the case may be), the accused⁠—

a

had taken all reasonable steps to find out whether there was a scheduled monument in the area affected by the works; and

b

did not know, and had no reason to believe, that the monument was within the area affected by the works or (as the case may be) that it was a scheduled monument.