Cap. 504 чл. 81Scheduling and conservation orders.

(1) The Authority shall prepare, and from time to time review, a list of areas, buildings, structures and remains of geological, palaeontological, cultural, archaeological, architectural, historical, antiquarian, or artistic or landscape importance, as well as areas of natural beauty, ecological or scientific value (hereinafter referred to as "scheduled property") which are to be scheduled for conservation and may in respect of all or any one or more of the scheduled property make conservation orders to regulate their conservation: Provided that upon the issue of a conservation order the owner shall have the right to immediate access at reasonable times to all documentation of the Authority concerning the said order for the purpose of studying the relative findings and considerations and the owner may contest the said decision in writing with the Authority within thirty days from the date when the order is notified to him or is published in the Gazette, whichever is the later.

(2) The list of conservation orders, and any additions or amendments thereto, shall be published in the Gazette and in a local newspaper. The Authority shall also notify any one of the owners of any property subject of a conservation order of the fact of its inclusion in the list and of any conservation order made with respect to it. Notice of such conservation order shall also be affixed on site. If none of such owners is known, or if it is not reasonably that order. The said index shall be held in an electronic form in such a way that researches to determine whether a property is subject to such an order may be carried out. The Authority shall keep a copy of the said index in the office of the Land Registry and shall issue a certificate which indicates whether a particular property is subject to the said order on the payment of such fee as may be prescribed.

(3) Where the Authority has scheduled property in terms of this article, it shall register the said property in the index mentioned in sub-article (2) indicating the said property as having been scheduled, and the provisions of the said sub-article concerning the indexing of conservation orders shall mutatis mutandis apply. The list of scheduled property, and any additions or amendments thereto, shall be published in the Gazette and in a local newspaper. The Authority shall also notify any one of the owners of the scheduled property of the fact of its inclusion in the list. A notice of the said scheduling shall also be affixed on site. If none of such owners is known, or if it is not reasonably possible to effect service on such owners, the said notice shall only be affixed on site and no service on such owners as aforesaid need be made.

(4) For the purposes of sub-articles (2) and (3), "site" means a single property or more than one property, irrespective of who is the owner of that property, which forms part of the land which is scheduled or which is subject to a conservation order in terms of this article.

(5) The carrying on of any work in, and the demolition, alteration or extension of, any scheduled property is prohibited or restricted as provided in this article or in a conservation order.

(6) No works of any description shall be carried out in or on any scheduled property and no scheduled property shall be demolished, altered or extended except with the permission of the Authority granted on an application made to it and giving such details as the Authority may require or in accordance with the provisions of a conservation order; and for the purpose of this article, damage to or destruction of any part of a scheduled property shall be deemed to be a demolition thereof.

(7) A permission of the Authority and a conservation order granted or made under this article may contain such conditions and other provisions as the Authority may deem necessary or expedient; and a conservation order may regulate any matter affecting scheduled property.

(8) In respect of any scheduled property, the Authority shall also have power to require the owner, by notice in writing, to undertake such works generally, or as may be specified in the notice, as may be necessary to ensure that no further deterioration occurs. In default, the Authority may give a further notice to the owner to carry out and complete the works within a specified time, any of the provisions of this article then, in addition to any penalty or other effect under this Act, every person convicted of such offence shall be liable to pay compensation to the Authority calculated on the basis of whichever is the highest of the following:

(a) the value of the thing destroyed,

(b) the cost of restoration or repair,

(c) the financial benefit which could be achieved as a consequence of the demolition.

(10) An owner of scheduled property has a right to demand the reconsideration of any scheduling of his property. Such demand shall be entered in writing with the Authority within thirty days of notification or publication in the Gazette, whichever is the later, of the scheduling and the Authority shall decide within three months of receipt by it of the demand for reconsideration.

(11) Any person who feels aggrieved by a decision of the Authority under this article may appeal to the Tribunal for a revocation or modification of such a decision.

(12) The Minister’s endorsement shall be sought when the Authority deschedules a scheduled property or when it downgrades the protection afforded to a scheduled property, and no such descheduling or downgrading shall be valid before it is endorsed by the Minister.

(13) When the Tribunal decides to deschedule a scheduled property or to downgrade the protection afforded to a scheduled property, the Tribunal shall seek the Minister’s endorsement and the period for lodging an appeal from the Tribunal’s decision to the Court of Appeal shall commence to run from the date in which the Tribunal would have informed the appellant accordingly of the Minister’s decision.

(14) Notwithstanding the provisions of article 41, an appeal to the Tribunal from a scheduling of property or the issue of a conservation order shall not stay the execution of such scheduling or conservation order.