Modifications etc. (not altering text)
C1Sch. applied (12.2.2007) by The Rural Development (Enforcement) (England) Regulations 2007 (S.I. 2007/75), regs. 1, 5(1)
25.—(1) Subject to sub-paragraph (3), a farmer must not, without consent under section 2(3) of the Ancient Monuments and Archaeological Areas Act 1979 M1, execute any of the following works—
(a)any works resulting in the demolition or destruction of, or any damage to, a scheduled monument;
(b)any works for the purpose of removing or repairing a scheduled monument or any part of it;
(c)any works for the purpose of making any alteration or addition to a scheduled monument or any part of it; and
(d)any flooding or tipping operation on land in, on or under which there is a scheduled monument.
(2) Subject to sub-paragraph (3), if a farmer executes any works to which a scheduled monument consent relates, he must comply with all conditions attached to that consent.
(3) If a farmer can show that—
(a)in relation to works prohibited by sub-paragraph (1)(a), he took all reasonable precautions and exercised all due diligence to avoid or prevent damage to the monument;
(b)in relation to works prohibited by sub-paragraph (1)(a) or (c), he 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; and
(c)in relation to works prohibited by sub-paragraph (1) or (2), the works were urgently necessary in the interests of safety or health and that notice in writing of the need for the works was given to the Secretary of State for Culture, Media and Sport as soon as reasonably practicable,
the execution of the works in question shall not be treated as a failure to comply with this paragraph.
(4) In this paragraph, “scheduled monument” has the meaning given by section 1(11) of the Ancient Monuments and Archaeological Areas Act 1979 and “scheduled monument consent” shall be construed in accordance with sections 2(3) and 3(5) of that Act.
Marginal Citations